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Chipley City Council Meeting Minutes November 8, 2011
City of Chipley
Regular Council Meeting
Minutes
November 8, 2011 6:00 p.m.
Attendees:
- Mrs. Linda Cain, Mayor Ms. Karen Rustin, Mayor Pro-Tem
- Mr. Roger Sloan, Council Member Mr. Lee Dell Kennedy, Council Member
Mr. Kevin Russell, Council Member
Others Present Were:
- Mr. Dan Miner, City Administrator Ms. Patrice Yates, Asst. City Administrator/City Clerk
- Mr. Kevin Crews, Police Chief Mrs. Michelle Tagert, City Attorney
The data reflected in these proceedings constitute an extrapolation of information elicited from notes, observations, recording tapes, photographs, and/or videotapes. Comments reflected herein are sometimes paraphrased, condenses, and/or have been edited to reflect essential subject matter addressed during the meeting. Parties interested in receiving a verbatim account of the proceedings are responsible for coordinating with the City Administrator and providing their own representative and equipment pursuant to Chapters 119 and 283, Florida Statutes.
A. Call to Order. The meeting was called to order by Mayor Cain at 6:02 p.m.
B. Prayer and Pledge. Prayer was given by Mayor Cain and Mr. Kennedy led the pledge to the American Flag.
C. Approval of Agenda. The agenda was presented for approval. Mayor Cain added item #11a – Dorothy Harper; item #12 – John and Pamela Holmes; and item #13 – TJ Smith. A motion was made by Mrs. Rustin and seconded by Mr. Sloan to approve the agenda with additions. The motion passed unanimously.
H. Agenda Items:
1. Proclamation – Elizabeth “Pat” Green Peacock Day. Mayor Cain explained this proclamation proclaimed November 15, 2011 as Elizabeth “Pat” Green Peacock Day. Mayor Cain presented the proclamation to Ms. Peacock. Ms. Peacock thanked the City Council.
2. Proclamation – National Home Care Month. Mayor Cain explained this proclamation proclaims November 2011 as National Home Care Month. Mayor Cain presented the proclamation to NHC Home Care. Discussion ensued.
3. Proclamation - National Runaway Prevention Month. Mayor Cain explained this proclamation proclaims November 2011 National Runaway Prevention Month. Mayor Cain presented the proclamation to Ms. Amanda Kirkland with Anchorage Children’s Home Street Outreach and Recovery. Discussion ensued.
4. Approval of Ordinance No. 909 (Public Hearing) - Waste Management. Mr. Miner explained this ordinance, if approved, will renew and extend to non exclusive franchise Waste Management Inc. of Florida for the collection and disposal of residential and commercial solid waste collection. No discussion. Mayor Cain closed the regular meeting and opened the public hearing at 6:10 p.m. Mr. Miner read Ordinance No. 99 by title:
AN AMENDMENT TO ORDINANCE 834 RENEWING AND EXTENDING THE NON- EXCLUSIVE FRANCHISE TO WASTE MANAGEMENT, INC. OF FLORIDA FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
No comments.
Mayor Cain closed the public hearing and opened the regular meeting at 6:12 p.m.
A motion was made by Mr. Sloan and seconded by Mr. Russell to approve the final reading of Ordinance No. 909. The motion passed unanimously.
5. Approval of Ordinance No. 911 (First Reading) – Amendment to Zoning Procedures. Mr. Miner explained this ordinance, if approved, will amend amendment procedures for zoning. He explained signs will be placed thirty days prior to the meeting and notification to the property owners within 500 feet will be done thirty days prior to the meeting. Discussion ensued. Mr. Miner read Ordinance No. 911 by title:
AN ORDINANCE OF THE CITY OF CHIPLEY, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDMENT TO CHAPTER 20, ENTITLED “ZONING”; AND DECLARING AN EFFECTIVE DATE.
A motion made by Mr. Sloan and seconded by Mrs. Rustin to approve the first reading of Ordinance No. 911. The motion passed unanimously.
6. Approval of Ordinance No. 912 (First Reading) – Engine Compression Brake. Mr. Miner explained that there are some changes that need to be made to the ordinance due to enforcement issues for the Police Department. He explained we will work with the attorney and bring it back to the council at the next meeting. Discussion ensued.
AN ORDINANCE OF THE CITY OF CHIPLEY, FLORIDA AMENDING CHAPTER 12, ENTITLED “OFFENSES AND MISCELLANEOUS PROVISIONS”; AND DECLARING AN EFFECTIVE DATE.
A motion was made by Mr. Sloan and seconded by Mr. Kennedy to table the first reading of Ordinance No. 912 until next Council meeting. The motion passed unanimously.
7. Approval of Resolution No. 12-01 – Budget Amendment. Mr. Miner explained this resolution will approve the final budget amendment for fiscal year 2010-1011. No discussion.
The motion was made by Mrs. Rustin and seconded by Mr. Sloan to approve Resolution No. 12-01. The motion passed unanimously.
8. Approval of Resolution No. 12-02 – Bank Loan – Fire Department. Mr. Miner explained this resolution will approve a bank loan between the Bank of Bonifay and the City in the amount of $37,125.00, with an interest rate of 3%, for the purchase of a 2012 Ford F-250SD truck for the fire department. Discussion ensued. A motion was made by Mrs. Rustin and seconded by Mr. Kennedy to approve Resolution No. 12-02. The motion passes unanimously.
9. Approval of Animal Control Agreement. Mr. Miner explained this agreement is between Animal Control of West Florida, Inc. and the City. It is the same agreement as last year and it is time to renew for one more year. The contract amount has only increased by CPI. The total contract amount is $12,604.08. Mrs. Rustin asked if we can look at our ordinances and put more teeth into them to get people who have more than four animals under control. Discussion ensued. A motion was made by Mrs. Rustin and seconded by Mr. Sloan to approve the animal control agreement with Animal Control of West Florida, Inc. in the amount of $12,604.08 for one more year, October 1, 2011 through September 30, 2012. The motion passes unanimously.
10. Approval of CRA Administration Contract. Mr. Miner explained the Chamber of Commerce is requesting that the City approve the CRA Administration Contract for another fiscal year at the same rate as last year in the amount of 1,9500.00 per month. Discussion ensued. A motion was made by Mrs. Rustin and seconded by Mr. Kennedy to approve the CRA Administration Contract in the amount of $1,950.00 per month for one more year, October 1, 2011 through September 30, 2012. The motion passed unanimously.
11. Approval of Surplus Property – Fire Department. Mr. Miner explained the Fire Chief is requesting to surplus the following property and sell it at auction: a 1977 Sentry Truck; a 1971 Dodge Truck; a Ford F-600; and a 2006 Adventure Travel Trailer. Discussion ensued. A motion was made my Mrs. Rustin and seconded by Mr. Russell to approve the surplus of the fire department property. The motion passes unanimously.
11a. Dorothy Harper – 716 Orange Street. Mrs. Harper requested an explanation on her Gulf Power bill. She explained there is a utility tax that she knows the city charges and then there is also a franchise fee included on the bill. She explained she contacted Gulf Power and they told her that the franchise fee is a charge by the City of Chipley. Ms. Yates explained the city has an ordinance in place that approves the franchise with Gulf Power Company and the rate that is charged. She explained she will have to review the ordinance and get additional information for Mrs. Harper and the council. Mayor Cain requested that personnel from Gulf Power come and explain all of this. Mr. Miner explained we will get a copy of the ordinance and get additional information for the council. Discussion ensued.
12. John and Pamela Holmes – 572 Yates Drive. Mr. Holmes explained to the council that he is a small businessman just trying to make a living. He explained he was made to purchase a license for $75.00 to do yard sales in the City and that it is his understanding that the City does not hace ordinances that regular yard sales. He explained there was a problem with him having yard sales at Advance Auto Parts and then when he moved to another location there was a problem with him having yard sales at that location also. He explained he has a business license for his store down town and a peddler license or yard sales. Mr. Miner explained that Mr. Holmes is selling the same items at his store downtown that he is selling at the yard sales and that an every weekend yard sale is considered a business. Attorney Tagert asked about payment of sales tax because is sales tax is being paid on the items then it is considered a business. She told Mrs. Holmes that sales tax is being paid on the stuff being sold. Mrs. Holmes then explained it was not on the yard sale items but is was on the items being sold in their store. The Holmes’ feel they are being targeted by the City. Mrs. Cheryl McCall spoke and explained that the yard sale issue was not aimed at the Holmes’. The City was trying to prevent a safety issue and the whole situation has escalated to more. The Code Enforcement Officer, which is doing a fabulous job, was trying to help with the safety problems at Advanced Auto Parts, Mr. Toby Hodges explained that a lot of people are doing this. They are going to auctions and bringing the stuff to Chipley to sell. Mr. Wayne Palmer explained that the peddlers permit should say permanent location. Mr. Pettis is trying to do a good job by moving us from a hazardous location. Mr. Holmes is requesting that the council refund the money that was paid for the peddler license. Mrs. Rustin recommended that the council hold a workshop and discuss the yard sales. Discussion ensued. A motion was made by Mr. Sloan and seconded by Mr. Kennedy to approve the refund of $75.00 for the peddler license to Mr. John and Pamela Holmes. The motion passed unanimously.
13. TJ Smith – 1227 1st Avenue. Mr. Smith requested the Martin Luther King Day Parade to be done on January 16, 2012 using the same route as was done in the past. Mr. Miner explained that Mr. Smith will just go through the normal process in the Administration Office for a parade permit and the council agreed that the parade can be held as it has been each year. Discussion ensued.
The meeting adjourned at 7:02 p.m.
City of Chipley
Linda Cain, Mayor
Attest;
Patrice Yates
assistant City Administrator/City Clerk
