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    CITY COUNCIL MEETING

    MINUTES

    REGULAR SESSION

    224 S. Jefferson StreetPerry, Florida

    February 27, 2001

    MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Don Cook

    STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, George Stamos, BillBlue, Annette Anderson

    Mayor Frith called the meeting to order. Councilmember Scott led those attending the meeting inprayer. Mayor Frith led the group in the Pledge of Allegiance to the Flag. The secretary called the roll.

    PRESENT ABSENT

    Councilmember Cook X

    Councilmember Alexander XCouncilmember Scott XMayor Frith X

    AGENDA ITEM (3)APPROVAL OF PREVIOUS MINUTES: February 13, 2001, Regular Session

    After a brief review of the minutes, Councilmember Cook made a motion to adopt the minutes of

    February 13, 2001, Regular Session as written; seconded by Councilmember Alexander and upon roll

    call vote was as follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    AGENDA ITEM (4)RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

    There was no to address the Council.

    AGENDA ITEM 5(C)CITY COUNCIL TO CONSIDER APPROVAL OF SOLICITATIONREQUEST.

    With the consensus of the Council, Mayor Frith deviated from the agenda order and opened agenda

    item 5(C) for discussion. Ms. Diana McRory, representing the Taylor County High School Lady

    Bulldogs Soccer Team, addressed the Council to request permission for the group to solicit funds on

    Friday, March 9, 2001. Ms. McRory said the funds collected would be used to help with the teams

    expenses. Councilmember Cook made a motion to approve the solicitation permit; seconded by

    Councilmember Scott. Upon roll call vote was as follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    AGENDA ITEM 5(A)INTRODUCTION AND FIRST READING-ORDINANCE NO. 743

    AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDINANCE NO. 582, ASAMENDED, RELATING TO AN AMENDMENT OF TEN ACRES OR LESS OF LAND TO THEFUTURE LAND USE PLAN MAP OF THE CITY OF PERRY COMPREHENSIVE PLAN,

    PURSUANT TO AN APPLICATION BY THE PROPERTYOWNER OF SAID ACREAGE, UNDERPage 2, February 27, 2001, Council Minutes-Regular Session

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    THE SMALL SCALE DEVELOPMENT AMENDMENT PROCEDURES ESTABLISHED INSECITONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGEIN LAND USE CLASSIFICATION FROM AGRICULTURE (LESS THAN OR EQUAL TO ONEDWELLING UNIT PER ACRE) TO COMMERCIAL OF CERTAIN LANDS WITHIN THECORPORATE LIMITS OF THE CITY OF PERRY, FLORIDA; PROVIDING SEVERABILITY;REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

    Councilmember Scott made a motion that Ordinance No. 743 be read by title only. CouncilmemberCook seconded the motion and upon roll call vote was as follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    The secretary read Ordinance No. 743 by title only. Director of Community Development George

    Stamos told the Council the Citys Planning and Zoning Board has approved the request. Mr. Stamos

    explained the parcel of property is located across from Ware Oil & Supply, Byron Butler Parkway. Mr.

    Stamos said the property would be used similar to a terminal for the parking of semi-trailers. Mr.

    Stamos said it does not appear there would be any nuisance and the owners of the property have agreed

    to provide a buffer of pine trees and native vegetation at the location. Mr. Stamos said he sees no

    reason to object to the request. Mayor Frith asked if there was anyone from the public who wished to

    speak. There was none. Mayor Frith said Ordinance No. 743 would be brought back for public

    hearing and final reading the next regular Council meeting.

    AGENDA ITEM 5(B)INTRODUCTION AND FIRST READING-ORDINANCE NO. 744

    AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDNANCE NO. 601, ASAMENDED, BY AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF PERRY ASAUTHORIZED B ORDINANCE NO. 601, AS AMENDED, PROVDING FOR A CHANGE INZONING FROM AGRICULTURAL (A-1) TO COMMERCIAL INTENSIVE (CI), AS STATEDHEREIN, OF CERTAIN LAND WITHIN THE CITY OF PERRY; PROVIDING FOR

    SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING ANEFFECTIVE DATE.

    Councilmember Cook made a motion that Ordinance No. 744 be read by title only. CouncilmemberAlexander seconded the motion and upon roll call vote was as follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    The secretary read Ordinance No. 744 by title only. Mayor Frith stated that Ordinance No. 744partners to Ordinance No. 743 and would be brought back for public hearing and final reading the next

    regular Council meeting.

    AGENDA ITEM 5(C)CITY COUNCIL TO CONSIDER APPROVAL OF SOLICITATIONREQUEST.

    This item discussed earlier in the meeting.

    Page 3, February 27, 2001, Council Minutes-Regular Session

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    AGENDA ITEM 5(D)CITY COUNCIL TO DISCUSS POTENTIAL ECONOMICDEVELOPMENT GRANT.

    Mr. Buddy Humphries, Taylor County Development Authority, told the Council United Welding, Inc.,

    (UW) a local business, is in need of a municipal sewer system to expand its business. Mr. Humphries

    told the Council a Community Development Block Grant (CDBG) of $350,000 for economic

    development could possibly be obtained to pay for the project and there would be no cost to the City.

    Mr. Humphries said UW expects to create ten new jobs with the expansion of the business. Mr.

    Humphries explained UW is located near the airport and industrial park area.

    Mr. Humphries posed three questions to the Council. Mr. Humphries said the first question is Does

    the Council want to extend sewer outside the city limits? Councilmember Cook said as one member

    of four Council members, he would support it because there has been discussion for years that sewer

    expansion to this area could encourage industrial growth. Councilmember Alexander agreed.

    The second question concerned the city being the lead agency in the project. Councilmember Cook

    asked city manager Bill Brynes if the City were to be the lead agency in this project, if it would restrict

    the City applying for any other (CDBG) grants for that year. It was explained that the City could apply

    for more than one economic development grant. Councilmember Cook said another consideration

    concerns the Citys potential liability to repay the grant if the business does not meet the criteria of

    creating ten new jobs. Councilmember Cook said his comfort level in this situation is that the City

    would not have a chance to be liable. Councilmember Cook explained UW has tried to grow (expand)

    but could not because they did not have sewer services for the building. Mr. Humphries said Mr. Scott

    Koons of the North Central Florida Regional Planning Council told him that if liability is an issue, an

    interlocal agreement between the city and the county could be part of the CDBG application.

    Councilmember Scott spoke about the possibility of designing the expansion project so that other

    businesses and any residences near the industrial park could be on the sewer system.

    The third question concerned whether or not the City would consider waiving the impact fee for UW.

    Mr. Humphries said Director of Public Works Barney Johnson estimated the fee to be approximately

    $2,800.00. Councilmember Cook said he could not vote to not charge the impact fee. Councilmember

    Cook said until the Council meets to discuss a blanket policy on such issue, he would have to vote

    on imposing impact fees. Councilmember Cook said he would like to have a workshop this week to

    discuss impact fees and other related economic development issues. Councilmember Cook asked the

    timetable to enact a policy the Council might agree upon. Mr. Brynes said doing so would require anordinance amendment and this would take at least two Council meetings. Mr. Humphries expressed

    the need to expedite matters considering application of the CDBG. Mayor Frith asked Mr. Humphries

    if there might be a problem with UW paying the impact fee. Mr. Humphries said he has not discussed

    this with UW and asked how much leverage he had to negotiate the impact fees with UW.

    Councilmember Cook commented that the City could finance the impact fee amount. Mr. Brynes said

    this could be done over a two-year period.

    Page 4, February 27, 2001, Council Minutes-Regular Session

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    After checking their respective schedules, the Council agreed to meet in a special workshop meeting

    on Tuesday, March 6, 2001, at 5:15 p. to discuss economic issues, including impact fees. Mr. Brynes

    requested that Mr. Humphries approach the Taylor County Board of County Commissioners at their

    meeting on Monday, March 5 regarding the interlocal agreement. Mr. Humphries said he would do so.

    AGENDA ITEM 5(E)MR. MARLIN HILSON, VETERAN AFFAIRS OFFICER (TAYLORCOUNTY) TO REQUEST THE COUNCILS CONSIDERATION OF A STREET NAME CHANGE.

    Mr. Hilson said he was representing the local VFW American Legion. Mr. Hilson said he would like to

    propose a street name changechanging College Street to Veterans Drive. Mr. Hilson said College

    Street runs past the city cemetery and the VFW American Legion building. Mr. Hilson said it is

    important to him that local veterans be recognized and feels this is an appropriate way. It was notedthis is an instance where there is another street with a similar name. A street map had been provided to

    show College Street and College Drive. Mayor Frith said he thought the name change was a good idea

    but noted five residences could be affected by the name change. Councilmember Scott said she

    thought it was a good idea also; and while the Council is in the process (of changing this street name),

    it should look into situations for other street name changes. Councilmember Scott specifically noted

    Montrose be considered for a street name change. Mr. Hilson said he would like to have a formal

    name-change ceremony in May on Memorial Day.

    Councilmember Cook made a motion that the name of College Street be changed to Veterans Drive.

    Councilmember Alexander seconded the motion. The secretary began to call roll for the vote.

    Councilmember Cook and Councilmember Alexander voted yea. Upon Councilmember Scotts turn to

    vote, Councilmember Scott said for the record she would vote yea only if the Council would consider

    changing the name of Montrose. At that point, Chief of Police Wayne Putnal addressed the Council

    saying for emergency service reasons the Council might consider also changing College Drive to

    Veterans Drive. Councilmember Cooks original motion was rescinded. Councilmember Cook then

    made a motion to change the name of College Street and College Drive to Veterans Drive in honor of

    local veterans. The motion was seconded by Councilmember Alexander and upon roll call vote was as

    follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    AGENDA ITEM 5(F)CITY COUNCIL TO DISCUSS AND REVIEW DRAFT GUIDELINES FORAN ORDINANCE RELATING TO CELLULAR COMMUNICATIONS TOWERS.

    City Attorney Bill Blue told the Council he has further revised an ordinance presented to them recently

    regarding cellular communications towers. Mr. Blue said it is not intended to be an ordinance in as

    much as to bring up different options that other ordinances had addressed. Mr. Blue said since the time

    of the last meeting, he has met with Mr. Ward Ketring, Ketring Electronics, who pointed out some

    Page 5, February 27, 2001, Council Minutes-Regular Session

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    things that should be considered. Mr. Blue told the Council he needs to further revise the ordinance.

    Mr. Blue said this issue should be taken to the Citys Planning and Zoning Board (P&Z) and allow the

    P&Z to bring a recommended ordinance to the City Council, which would provide for advertising in

    the process. Mr. Blue said he feels this would be a better route to take.

    Mr. Blue said he would also suggest the Council amend the moratorium to permit Mr. Ketring to

    construct his communications tower on the Plantation Road site and not wait for expiration of the

    moratorium. Mr. Blue said he and Mr. Ketring have discussed his (Mr. Ketring) intentions for that site

    and he (Mr. Blue) believes a compromise has been reached to satisfy a lot of Councils concerns. Mr.

    Blue said with respect to safety and what has been discussed the tower will be built to comply with the

    areas of regulations that the Council proposes to set forth in a draft ordinance. Mr. Blue explained that

    Mr. Ketring has invested a considerable amount of money in the project and a lot of residents would

    rather have a communications tower built at this location rather than one built at another location

    nearer to residences.

    Councilmember Cook asked the maximum time of the moratorium. Mr. Blue said the maximum time

    is 60 days. Mr. Blue said Council could extend the moratorium; but, by its own terms it can only

    remain in effect for 60 days or the moratorium could be renewed for another 60 days. Mr. Blue

    explained the ordinance adopted by the Council January 23 was an emergency ordinance enactedwithout normal (public) notice.

    Councilmember Scott asked what would happen if the Council allows Mr. Ketring to install his tower

    and when an ordinance is adopted Mr. Ketrings tower is not in compliance. Mr. Blue said there have

    been other things built before the Council contemplated regulating them. Mr. Blue said this is known

    as legally non-conforming uses and the tower would also be considered as such. Mayor Frith said he

    would not expect that Mr. Ketring would do anything that would be a violation of what the Council

    intends to do.

    Mr. Blue said he would suggest at the next regular City Council meeting (March 13), the Council

    extend the moratorium and exempt out this parcel with an agreement between the Council and Mr.

    Ketring on how the tower would be constructed. Mr. Blue told the Council he believes Mr. Ketring is

    acting in good faith and that he would not want the City to establish a precedent of interfering with

    contractors already in progress.

    Mayor Frith asked when the P&Z could have a suggestion to the City Council. Mr. Blue said it would

    probably be two meetings, with the first P&Z meeting being on March 5. There were a number of

    residents in attendance regarding this issue. Mr. Earle Greene addressed the Council to speak on the

    issue. Mr. Greene told the Council there is a company aggressively pursuing to build a tower in the

    area of Old Dixie Highway and Landry Road. Mr. Greene said he was representing a large group of

    residents on this issue. Mr. Greene told the Council the residents feel the Plantation Road/Old Dixie

    Highway location of Mr. Ketrings tower is an optimum location and would affect a minimal number

    of residents, unlike the Landy Road/Old Dixie Highway area. Mr. Greene said the group wouldPage 6, February 27, 2001, Council Minutes-Regular Session

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    appreciate the Councils serious consideration of allowing Mr. Ketring to proceed with the building of

    his tower. After further discussion, the Council agreed to allow Mr. Ketring to proceed with

    construction of his tower. The Council also agreed the matter be addressed by the Citys Planning and

    Zoning Board with the Board providing a recommended ordinance to the Council. Director of

    Community Development George Stamos suggested the Council meet with the P&Z Board in

    discussion. Mr. Stamos said it is most important that everyone know what can be built on these

    towers. Mr. Stamos said meeting with the P&Z would eliminate a lot of questions back and forth. Mr.

    Stamos informed the Council the P&Z Board would meet on Monday, March 5, 2001 at 6:00 p. m.

    AGENDA ITEM (6)CITY MANAGER.

    Mr. Brynes updated the Council on information regarding the possibility of contracting with someone

    for the operation of the citys wastewater treatment plant. Mr. Brynes said they were provided with

    the operating expenses of the city for fiscal years 1999 and 2000. Mr. Brynes said the information

    proivided by the company included some non-recurring costs, which were things they feel they would

    do initially if they were to begin a contract with the City of $44,000. Mr. Brynes told the Council one

    of the big things was their proposed cost of $2,700.00 for utilities. Mr. Brynes told the Council the

    City spends $72,000.00 for utilities at the wastewater treatment plant. Mr. Brynes when (you) contract

    with firms that do this, they will agree on an amount (for maintenance.) Mr. Brynes said if the actual

    amount were less, they would reimburse, if the amount were more they will send a bill. Mr. Brynes

    said another thing is that the City would have to provide them with all equipment they need to do the

    job, at the Citys expense. Mr. Brynes said staff is going to look at the operation of the WWTP in a

    different way, but noted one concern is having (qualified) operators.

    AGENDA ITEM (7)DEPARTMENT HEADS.

    Director of Community Development George Stamos told the Council the Citys building inspector,

    Mr. Sandy Sanders, has been working with the police department to remove the doors from abandoned

    refrigerators around the city in an effort to keep children from becoming trapped inside. Mr. Stamos

    said this is probably the most satisfying thing he has seen since he has been with the City and

    commended Mr. Sanders and Chief of Police Wayne Putnal and Lieutenant Vern Clark for their help.

    Director of Public Works Barney Johnson told the Council he had received a request for installation of

    a streetlight at 802 Judson Drive. Mr. Johnson told the Council there are no streetlights in the entire

    neighborhood. Mr. Johnson explained this is in the Quail Point Subdivision area and there would

    probably be a request for additional lights. Mr. Johnson asked if the Council wished to have more than

    one light installed. The Council agreed that additional lights be installed.

    Mr. Johnson said he had another request for a street light at 102 Stephens Street. Mr. Johnson said the

    individual is only requesting one light be installed; but, in his opinion for safety reasons, two lights are

    needed in this area. Council agreed that two lights should be installed as suggested by Mr. Johnson.

    Page 7, February 27, 2001, Council Minutes-Regular Sesison

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    Mr. Johnson updated the Council on the cost of installing speed humps, including striping, in the

    Tidewater Apartment area as discussed at recent meetings. Mr. Johnson said the cost for the speed

    humps would be $3,000 per hump. Councilmember Scott asked how many humps would be needed.

    Mr. Johnson said at 300 feet apart to the end of Folsom (as was discussed) would be 20 humps at a cost

    of $60,000. Councilmember Scott said her primary concern was the speed at the Tidewater

    Apartments. Councilmember Scott said she could see having three speed humps in this area. Mr.

    Johnson said if it were he, he would have police officers writing tickets. Chief of Police Wayne Putnal

    said of all the times officers have sat in unmarked cars, there was no one speeding. Chief Putnal said

    there is a perception that people are speeding in this area, but when traffic is monitored, there is no

    speeding. Councilmember Scott suggested monitoring the traffic for a week before Council decides

    what to do. The Council agreed this be done.

    Chief of Police Wayne Putnal addressed the Council to request use of $2,900.00 from the forfeiture

    fund for the purchase of two computer programs. Councilmember Scott made a motion to allow the

    Perry Police Department to use $2,900.00 of forfeiture funds for the purchase of two computer

    programs. Councilmember Alexander seconded the motion. Upon roll call vote was as follows:

    YEA NAY

    Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

    City Attorney Bill Blue commented that approximately a year or so ago, the City started working with

    a number of local residents to get them hooked up to city sewer. Mr. Blue said there are two remaining

    individuals to be located. Mr. Blue said he would like to use the videotaped television broadcast to try

    to locate these individuals or someone who may know how to locate them. After naming the

    individuals and the location of the property, Councilmember Scott and Councilmember Alexander were

    able to provide information to the attorney.

    AGENDA ITEM (8)CITY COUNCIL REQUESTS.

    Councilmember Cook said he would like to discuss the Councils intentions regarding the vacancy left

    by the recent death of Councilmember Moore. Councilmember Cook said per the City Charter, the

    Council could nominate someone or hold a special election to fill the position. Councilmember Cook

    said he would like to see the seat filled, even on a short-term basis. Councilmember Cook said there

    are still four or five months before the city election in July. Councilmember Cook said his reason for

    this is that the Council has made good decisions with a group of five members and there have been

    some tie-breaking votes. Councilmember Cook said the Colonial Homes and Pine Ridge areas are

    large areas and deserve representation. Councilmember Cook said he would also like to use the TV

    media to let citizens know if they are interested in serving in this seat, they need to act by way of

    petition or appear before the Council at the next meeting. Mayor Frith said, according to the City

    Charter, the City Council could appoint someone to fill the seat for the remaining months.

    Page 8, February 27, 2001, Council Minutes-Regular Session

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    Councilmember Cook said he would think people in this area need to look at their own interests and

    needs, discuss among themselves who they would like to represent them and let the Council know of

    their support. Councilmember Cook said (they) would be subject to the same requirements as required

    for an election.

    Councilmember Alexander asked Mr. Brynes the criteria for using Jerkins Park. Mr. Brynes said thereis none; the park can be used by anyone.

    AGENDA ITEM (9)ADJOURNMENT.

    There being no further business to come before the City Council at this time, the meeting was

    adjourned at approximately 8:25 p. m.

    ATTEST:

    _______________________________ _________________________________William E. Brynes, City Manager Richard Frith, Mayor

    Recorded in Official Minute Book:

    ___________________________ _________________________________ Annette Anderson, Secretary Date