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Description |
Palatka City Commission 3-23-06; Regular meeting 4:30 p.m. |
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Date |
3/23/2006 |
Location |
Palatka City Commission |
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Time |
Speaker |
Note |
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Call to Order |
Mayor Karl Flagg called the meeting to order at 4:32 p.m. |
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Invocation |
The Reverend Phil Hagen, Associate Pastor; First Presbyterian Church of Palatka |
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Pledge of Allegiance |
Fred Pilgrim |
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Present |
Mayor Karl N. Flagg; Commissioners Allegra Kitchens, James
Norwood, Jr. and George E. Sanders |
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Also Present |
City Manager Allen R. Bush, City Attorney Donald E. Holmes, City Clerk Betsy Jordan Driggers, Finance Director Ruby Williams, Assistant City Clerk Karen Venables, Police Chief Gary Getchell, Fire Chief Ken Venables, Planning Director Adam Mengel, Public Works Director Woody Boynton, WTP Superintendent Melvin Register, Water Distribution Supt. Rhett McCamey, Parks Director Jeff Norton, Main Street Manager Cathy Butler |
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PUBLIC RECOGNITION |
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Proclamation |
Sexual Assault Awareness Month and Day - Mayor Flagg read and presented a proclamation to Detective Danette Evey proclaiming the month of April as Sexual Assault Awareness Month and April 6, 2006 as Sexual Assault Awareness Day in the City of Palatka. Det. Evey said as part of the month's activities there will be a presentation at the gazebo with the theme "Keep your hands off our kids" and an exhibit at the Palatka Mall. A candlelight ceremony will be held on Monday, April 24 at 6:30 p.m. |
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Introduction |
Police Chief Gary Getchell introduced Kandra Albury, the
new Weed & Seed coordinator for the City of Palatka. He said he did a
nationwide search, formed a committee, screened applicants and interviewed,
and Kandra came up as the most qualified of the applicants. The City is
fortunate to have her. Kandra grew up in Crescent City and is a former 'City
Beat' reporter for the Palatka Daily News. |
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Women's History Month Presentations |
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Commissioner Norwood chose to recognize Mrs. Minnie Clark. |
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Commissioner Sanders chose to recognize Mrs. Ethelene Odom. |
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Commissioner Kitchens and Vice Mayor Brown chose to recognize Betsy Jordan Driggers. |
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Mayor Flagg chose to recognize Myra Carpenter. |
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Bike Florida 2006 |
Mayor Flagg said he received a plaque of recognition on behalf of the participants in Bike Florida 2006, who were boarded at Beasley Middle School over the weekend. |
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PUBLIC COMMENTS |
Mayor Flagg noted each member of the City Commission chose a local woman to recognize in honor of Women's History Month. Each honoree was presented with a bouquet of roses and a framed certificate of recognition. |
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Mark Miles, 414 River Street, said the primary entrance signs denoting the South Historic District Neighborhood state that the Neighborhood is a deed-restricted community; this statement is misleading and unenforceable. There are no recorded deed restrictions, and what code enforcement that takes place is what he considers below or at minimum. He asked the City Leaders to find out if the city holds any liability if they are joined in an action against the claims made on the signage in the Southside Historic District. Either the sign needs to be changed or deed restrictions need to be adopted. Stronger code enforcement should be established for the historic districts and historic homes throughout the community. |
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Mayor Flagg noted the City Manager and Attorney will follow up on the matter. |
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CONSENT AGENDA |
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Motion |
Commissioner Sanders moved to pass all items on consent as presented. Commissioner Kitchens seconded the motion, which passed unopposed. |
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REPORTS OF DEPARTMENTS AND COMMITTEES |
PUBLIC WORKS UPDATE - Woody Boynton and Melvyn Register, WTP, said they wanted to discuss the letter recently mailed to all citizens related to Trihalomethanes in the water. A copy was passed out to all (filed). Mr. Boynton said from the early 1970's until 2004, the EPA had a standard that the City of Palatka was in compliance with and had never exceeded. In 2004 the EPA lowered the standard to 80 micrograms per liter with quarterly testing required. Since that standard was changed, Palatka's water system has had one exceedence in the last quarter of 2005, which has caused the City to be required to notify its residences of the exceedence, most recently for the 2nd time. Recent improvements have satisfied these new requirements. They believe the June 2005 test result was an anomaly due to inadequate flushing of lines. They would like to reassure the citizens of Palatka that the water they are drinking is safe, and they should have no concerns with drinking or bathing in this water. |
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In 2003 the Commission recognized that the Trihalomethane issue would not go away, and in 2007 and 2008 the standards will rise again. Palatka's water system will likely exceed that with the present system, so the Commission has commissioned a restructuring and redesign of the water distribution facility. He can assure the citizens that with these ultrafiltration processes in place, the City of Palatka will meet or exceed state guidelines. |
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Mr. Boynton expounded on the ultrafiltration process and how it works. Per Commissioner Norwood's question, Mr. Boynton said the city is required to test for trihalomethanes quarterly. They test for chlorine levels every day. |
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WASTEWATER TREATMENT PLANT RE-RATING & MODIFICATION |
David Kemp, Engineer, Ayres & Associates, Jacksonville, said his firm was asked to provide a synopsis of their re-rating/modification work on the WTP and report on this project. Initially they looked at re-rating the facility beyond the 3 million gallons per day and to look at the potential for upgrading the capacity of the WWTP. They looked at 3.25, 3.5 and even 3.85 mgd re-rating, which came into play as a result of the new golf course reuse system. They went through the processes relating to unit capacity. They met with FDEP regarding TMDLs and presented FDEP a concept of what they would like to do with the re-rating and their thoughts on removal of the trihalomethanes. As a result of those meetings and research on TMDLs (Total Maximum Daily Load - refers to nitrates, etc.), and through discussions with city staff, they found that if they go to the re-rate process, they may accelerate the TMDL issue, which would require the City to go to further treatment beyond the secondary process. They recommend more of a phased study to address areas of immediate and future needs of the City, including the effluent treatment and disposal options as TMDLs come to the forefront. There may be additional treatment required due to the new TMDL requirements. They concluded this represents the first step of identifying where the City stands now as to capacity and also looks at future expansion. As a second phase, they need to determine what it will take for the City to meet future TMDL requirements, and also need to look at a funding plan funding sources. |
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They recommend starting the planning process once they reach 85% capacity, which they will reach soon, and continue the evaluation of treatment alternatives to meet TMDL standards beyond treatment and reuse. |
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They recommend looking at various funding issues and costs. |
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They recommend phasing the expansion over various years to coincide with funding mechanisms. |
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They recommend looking at funding options through various means such as grants and developer participation. |
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They need to look at short and long term needs of the City and determine the capital costs to create the most cost-efficient method to reach their goals, based upon the phased approach they recommend. Phase II refers to a master planning approach. Once that is determined, the City will be in a better position to determine their needs. They recommend a more in-depth approach to the City's needs for water and wastewater treatment. There is no action required on this tonight; at this time, they are trying to bring the Commission up to speed on their progress. |
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Mr. Bush said he will be coming back to the Commission with a specific recommendation |
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Commissioner Norwood said they need to look at an ordinance requiring new development to put down 'purple pipe' so that once reuse water becomes available, they can immediately tie into it. Also, you can get credits towards the removal of TMDLs by removing wastewater from the river. There are many options than can be explored. Mr. Kemp agreed and said SJRWMD wants to look at the removal of as much 'loading' from the river as possible. Commissioner Norwood said the City and Planning Board need to look at adopting an ordinance requiring the use of reuse water for irrigation. |
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Commissioner Kitchens asked if they can give a ballpark figure of how many new dwellings tying into the system it would take to get the plant up to 3.85 mgpd. Mr. Kemp said they will bring that information to Mr. Bush so he can distribute it to the Commission. |
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FP&L REQUEST FOR UTILITY EASEMENT |
There was no one present to speak to the request. |
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ORDINANCE |
Granting Florida Power & Light an Electric Franchise - 2nd Reading - the Clerk read an ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF PALATKA, AND PROVIDING AN EFFECTIVE DATE. |
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Motion |
Commissioner Sanders moved to pass the ordinance on 2nd reading for adoption. Commissioner Kitchens seconded the motion. |
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Roll Call Vote |
There being no further discussion, a roll-call vote was taken, with the following results: Commissioners Kitchens, Norwood, Sanders and Mayor Flagg, yes; Nays, none. The ordinance was declared adopted. |
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FP&L REQUEST FOR UTILITY EASEMENT (revisited) |
Mr. Bush noted he provided a memo to the Commission (filed) on this and would like to speak to it. The property is currently unused by the City and he has taken comments from the Public Works and Parks & Cemeteries Departments as to the request; neither had any objections. It does not seem practical to try to add this piece to the cemetery. If the Commission approves the easement, a copy of which is in their agenda packets (filed), he will see to its proper execution. |
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Motion |
Commissioner Sanders moved to grant a utility easement to Florida Power & Light for electrical utility lines for the County Health Department Expansion, easement to run between Oak Hill Cemetery and the elevated water tank site. Commissioner Kitchens seconded the motion, which passed unopposed. |
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ORDINANCE |
Amending Chapter 90, Vehicles for Hire (taxicabs) - The Clerk read an ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF PALATKA, FLORIDA; TO AMEND THE PROVISIONS OF THE MUNICIPAL CODE PERTAINING TO VEHICLES FOR HIRE BY REMOVING ANY REFERENCE TO PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF VEHICLE FOR HIRE PERMITS, TO INCLUDE THE APPLICATION PROCESS, FEES, ISSUANCE, TRANSFER, AND REVOCATION; PROVIDING FOR THE REGULATION OF RATES AND CHARGES, PAYMENT OF FARES AND REFUSAL OF CONVEYANCE; PROVIDING FOR STANDARDS OF DRIVER CONDUCT; PROVIDING FOR REGULATION OF TAXICAB STANDS; PROVIDING FOR THE REGULATION OF A TAXICAB DRIVER’S OPERATOR PERMIT, TO INCLUDE THE APPLICATION PROCESS, FEES, ISSUANCE, AND SUSPENSION OR REVOCATION; PROVIDING FOR REGULATION OF VEHICLES FOR HIRE FOR THE PURPOSE OF THE CONVEYANCE OF PASSENGERS, INCLUDING ITEMS FOR DISPLAY; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR PENALTIES FOR NON-COMPLIANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. |
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Motion |
Commissioner Norwood moved to pass the ordinance on first reading. Commissioner Sanders seconded the motion. |
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Police Chief Gary Getchell noted he included a timeline in their agenda packets (filed) and asked if the Commission had questions. There being none, Mayor Flagg opened the public hearing |
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Public Comment: |
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Virginia McColm, 622 River Street, said she has reviewed the proposed ordinance and commended Chief Getchell for the excellent job he did. She asked the Commission to delete the word 'coordinated' from the definition of Vehicle for Hire. |
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She stated the coordinated transportation agency for Putnam County is Ride Solutions, explaining that this gives them the sole authority to authorize other agencies to transport patients to medical appointments for state or federal reimbursement. She went before them to ask that she be allowed to provide these transportation services for her clients, and was denied, and she is in the process of appealing that denial. If this ordinance is passed as it reads, she cannot put her appeal through. |
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Chief Getchell said the language is standard language found in ordinances around the state. Mr. Holmes said as he understands it the deletion that Ms. McColm seeks is in the context of the definition. |
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Mrs. McColm said she operates an adult home and has been contracted by the State to provide transport services for her customers and other individuals. She has been before the local coordinating agency’s board and has been denied the right to do so. The sole provider of this service for Putnam County is Ride Solutions, and if this goes through as is, Ride Solutions will not be required to allow her to provide these services for her 18 clients in Putnam County if her appeal is granted. |
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Ride Solutions denied her request because they don't want to fragment the system, and due to the financial impact on them. They do not want anyone else in the County to be able to provide this service. She has spoken to the State about this, but they referred her back Ride Solutions’ governing board. By leaving the word "coordinated" in the ordinance, it would relieve them and only them from following this Code. She would not be considered "coordinated" services. Ride Solutions is considered the sole provider of this type of transport services and they don't want to allow any competition. She was referred by the State to appeal to Ride Solutions. She has 18 clients. If the word "coordinated" were eliminated, they would both be exempt from this ordinance, should her appeal be granted. By keeping the word "coordinated" in there it discriminates against her. She wants to create a level playing field. |
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Chief Getchell said the words "coordinated transportation services" is in the present ordinance. They are exempted for the reasons Ms. McColm has stated, and because they are already regulated by other agencies. This is an ordinance specific to taxicabs. It also exempts buses and limousines. They wanted to make it clear who was exempted from this ordinance, and these definitions apply to other ordinances. Per the question, Chief Getchell said the only additional burden upon Mrs. McColm is additional licensing requirements. He is not familiar with the licensing requirements on her type of entity, but putting those aside, if she has a state contract, then she falls within the purview of their requirements. |
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Ms. McColm said at the meeting she attended, an issue was brought up that a Legislator had contracted with an HMO agency to provide these same services, and this ordinance would prevent them from doing so. This does not create a level playing field. If they pass this ordinance as is, and if she wins her appeal, she will not be exempted from this ordinance. |
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Mayor Flagg said if they take out the word 'coordinated' she will still have to get all the permits, etc. They are not creating those requirements. Ms. McColm said if they are already meeting those Federal, state and local provisions, she should also be exempt from this ordinance. Per the question, at this time she cannot transport. Mr. Holmes said since she has been denied the right, unless she wins the appeal, she is still a step away from being able to transport. Since Ride Solution is considered a coordinated transportation service and she is not, the only burden upon her is that she would have to get a sticker. Ms. McColm said she does not understand why coordinated cannot be removed from this. They are already under the auspices of state and local agencies. They are regulated by the Agency for Persons with Disabilities. Mayor Flagg said this seems to be a flaw in their system. The state has given Ride Solution the authority to coordinate medical transportation in Putnam County. Ms. McColm said Ride Solution does not want any competition in Putnam County and that is why they will not grant her permission. |
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Mr. Holmes asked why limousines were exempted. Chief Getchell said because the Commission asked him to exempt them. Mr. Holmes said if there is not some well-defined reason for exempting only coordinated transportation services and not others who provide services regulated by the State, but the City is exempting limousines, he sees no reason to leave 'coordinated' in, or by adding 'operated solely by limousine services.' He sees no need to leave the word coordinated in. |
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Commissioner Sanders said they have had Ride Solutions and others who have contracted to draw federal money to transport people to medical appointments, and have never had a problem. They've had this type of transportation for quite some time. He wonders why there is a problem now. Mayor Flagg said her desire is only to serve her clients and that is all. Ms. McColm said it is her understanding that there is no other provider for this service other than Ride Solution. Commissioner Sanders said his wife underwent kidney dialysis for five years, and he made arrangements to have her picked up and brought to and from appointments. |
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Mr. Holmes said she is simply stating that neither she nor Ride Solutions is a taxicab service. |
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Roseanna Robinson, 622 N. 6th Street, said she is authorized through the state to provide this type of transportation but cannot do so because Ride Solution will not let her. Mayor Flagg said they do not have the authority to overturn Ride Solutions, but apparently they don't want this to be an additional barrier in addition to their appeal. Mr. Holmes said the City of Palatka is not involved with what Ride Solutions does or does not do, and they have no control over it. The question before them is whether or not they want to include people providing these services under their taxicab ordinance; if so, they leave the wording in; if not, they take the word out. Mayor Flagg asked if Mrs. Robinson is speaking of Bass City Transit. |
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Ms. Robinson said this issue has been going on for years. Her husband formerly operated a taxi business, and she would like to do so again. Mayor Flagg noted that Ms. McColm only wants to provide this service to her client base, but Mrs. Robinson wants to do this for the general public. In order to get Medicare to pay for this, they have to have approval to provide the service by Ride Solutions. |
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Based upon counsel's advice, he believes they should strike the word coordinated. Chief Getchell said they don't want to be in the business of regulating medical transport. Mr. Holmes said he does not believe that is the case, as the ordinance says it does not apply to inner city or chartered buses, limos or transportation services operated under federal, state or coordinated agencies. |
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Chief Getchell said he would prefer if Ride Solutions were here to defend this. Mr. Holmes noted this ordinance refers to someone operating under a state or local contract. Chief Getchell said they had taxicabs operating as medical transports, and they were clearly identified as taxicabs. When he spoke to the taxi drivers while preparing this ordinance, they were being paid by Medicare/Medicaid, and Ride Solutions said that was not legal. Mr. Holmes said that is why he suggested they insert the word "solely" between "operated" and "by," and strike the word “coordinated.” If a taxicab says they pick up someone under a Medicare payment, they would not have to comply. Chief Getchell said Ride Solution is not represented tonight, and he believes they should be, as they've been involved in this process all along. |
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Ruby Singleton, 216 St. Johns Avenue, said she is a 'Medway' provider but has not renewed her license. When she was operating she was transporting mentally challenged and handicapped people to their appointments. It is all documented and doctors have to verify that you've provided the service. If "coordinated" is left in, it will allow one agency to decide who will get paid. Ms. McColm is contracted by the State to provide this service to her clients and is legally obligated to see to it that these individuals get their care; she signs a contract with the State certifying she will provide these services. She is not a taxi service. She contracts with each individual client. Ms. McColm said she has some very fragile individuals as clients. Their appointment may be a five-minute ride away, but they may have to sit on a Ride Solutions bus for an hour to get there. The State recognizes the need for her to transport her clients. Of eleven counties in this district, Putnam County is the only county where this restriction is enforced. She would not be a taxi service; this is just for her clients. |
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Motion |
Commissioner Kitchens moved to accept Mr. Holmes' recommendation to amend the ordinance by removing the word "coordinated" and adding the word "solely" between "operated" and "by." Commissioner Sanders seconded the motion. |
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Commissioner Norwood said he is against making changes to the ordinance because Ride Solutions is not present; he would rather table this until Ride Solution can be present. Per Commissioner Kitchen's question, Mr. Holmes said he sees no harm coming to Ride Solutions by removing the word coordinated. They are not in the fight between Ride Solutions and other providers. They are only concerned with their taxicab ordnance. There is no adverse affect to Ride Solutions either way. |
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Roll Call Vote on Amendment |
There being no further discussion on the motion to amend the ordinance, a roll call vote was requested, with the following results: Commissioners Kitchens, Sanders and Mayor Flagg, Yes; Commissioner Norwood, no. The motion to amend carried. |
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Commissioner Sanders said before they carry this any further, they need to advise Ride Solution of these developments, and he recommends they wait to pass this on first reading until Mr. Thompson can be present. Mr. Holmes said they don't want to get into the reasons Ride Solutions has denied these folks the right to transport. Mayor Flagg said Ride Solutions has been given that regulatory authority by the State, and it is not pertinent to the issue tonight. Their exemption or exception is not altered at all by this definition. |
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Roll Call Vote on Main Motion to pass on first reading |
There being no further discussion, a roll-call vote was taken, with the following results: Commissioners Sanders, Kitchens, Norwood, and Mayor Flagg, yes; Nays, none. The ordinance was declared passed on first reading as amended. Second reading is scheduled for April 13. |
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ORDINANCE |
Nuisance Abatement - The Clerk read a resolution entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, INTENDED TO PROTECT, PROMOTE, AND IMPROVE THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF PALATKA, FLORIDA; DECLARING PLACES OR PREMISES TO BE A PUBLIC NUISANCE IF PROSCRIBED ACTIVITIES OCCUR ON SITE; PROVIDING DEFINITIONS; CREATING AND ESTABLISHING A NUISANCE ABATEMENT BOARD (“NAB”) TO HEAR AND DECIDE COMPLAINTS OF PUBLIC NUISANCE; PROVIDING FOR THE FILING AND PROCESSING OF COMPLAINTS ALLEGING A PUBLIC NUISANCE; PROVIDING RULES FOR THE CONDUCT OF NAB HEARINGS; PROVIDING PROCEDURES AND THE METHODS FOR THE ENFORCEMENT OF NAB ORDERS; PROVIDING FOR INJUNCTIVE RELIEF; DEFINING VIOLATIONS OF NAB ORDERS AND PROVIDING PENALTIES FOR SAME; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. |
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Motion |
Commissioner Norwood moved to pass the ordinance on first reading. Commissioner Sanders seconded the motion. |
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Police Chief Getchell said this is a tool for dealing with properties that are a nuisance for code enforcement, law enforcement and neighboring businesses and dwellings. It addresses drug use, sales, and prostitution. Over 40% of properties are rentals and many of those are 'absentee owners' and don't live in Putnam County. There is no tool now to abate against problem properties. This would provide the City with a tool, when necessary, to abate the nuisance on those properties and to compel an owner to do something about their nuisance properties. Some absentee owners are very responsible, and some don't care about what goes on in this community, as long as they are getting paid. |
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Mayor Flagg said under chronic nuisance properties, it states it is a property where two or more calls come in during a 60-day period. Chief Getchell said the calls don't have to come from the same agency; one call can be related to a fire and other to code enforcement. It just needs to be a 'documented' incident. |
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Mr. Holmes said he did not research the ordinance or put the terms together, and may not agree on all the provisions, but he did make some changes based upon the elimination of liability for the city. As it reads, there are a number of issues that could be interpreted in different fashions. He understands and is sensitive to the needs the Chief has spoken about, and they have all read the ordinance. There are procedures in the ordinance that may result in consequences that haven't been totally anticipated, and may even result in litigation in certain areas, especially related to interpretation. He understands that the basis for this ordinance is to provide an efficient and quick way to address certain properties without going to court and getting an injunction. This ordinance will accomplish a speedy resolution. The ordinance gives the Board a right to close a business five days after an order is entered, but also gives the aggrieved party 30 days to appeal. If the appeal is granted, the City has closed a business and kept it closed before the appellate rights of the business owner have expired, so he took that out, and instead, based upon statutory language, he has enforcement going to Chapter 120, which is a more complicated process, which does not really serve the needs of the Chief and is probably too conservative, but he leans more towards the City staying out of situations that create more liability. They may want to put it back in. His concern with the ordinance is that they give the power to a seven-member board, one member being an attorney with trial experience, and it may be tough to fill that slot. Also, anyone who owns property or is a citizen of the City can make a complaint to the Chief, and if he determines the complaint is well founded, he then forwards it to the City Attorney who has to forward it to the NAB clerk for scheduling. Many complaints will go to the Chief and he will have to determine if the complaint is a nuisance, or whether resources can be expended to address it, and then he has to schedule it for a hearing. If well-meaning citizens inundate the Chief with complaints, he doesn't have the right to pick and chose what is a nuisance and what is not. There is also a cost factor. If the NAB becomes as active as a code enforcement board, the cost could soar, as the City Attorney is commanded to prosecute the cases. It is up to the Commission to decide if they want to get into this and pass this ordinance. |
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Commissioner Sanders asked if this will create a new board, or if Code Enforcement will handle it. Mr. Holmes said it creates a new 7-member board. Commissioner Kitchens asked what the positives are that will come from passing this ordinance; Mr. Holmes said one huge positive aspect is that it defines nuisance in a fashion that lends itself to a ready enforcement and injunction, which is good for an attorney who is prosecuting a nuisance. It is preferable to common-law provisions. Also, instead of eliminating the enforcement provision by the police, you may delay it longer than five days, but it gives the City the right to address a nuisance short of going to court; he believes the idea of creating this board is to avoid court; also, complaints can be dealt with on short notice; three days, to be exact. They may get voluntary compliance to an order, or they can take care of nuisance situations without ever having to get to court. He'd like to know if another City is using a similar ordinance on a regular basis, and if they've ironed out those problems. He is not advocating for or against the ordinance, he is just cautioning the Commission on the pitfalls of passing this ordinance. |
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Commissioner Sanders noted that no other board members are paid for their services, and asked if the attorney for this board is paid. Mr. Holmes said the ordinance contemplates that all members are volunteers. |
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Chief Getchell said he has no problem with the Attorney's language changes; they need to err on the side of caution. They researched other municipalities with similar issues and ordinances and put together a workable ordinance. He forwarded it to the Attorney as they want it to 'pass muster' in court. As to citizens calling and complaining, he gets that every day. Many members of the public want this ordinance passed. He is asked all the time why they aren't doing something about these nuisances. This has been on the drawing board for four years and they have tried to work with owners of nuisance properties. This ordinance addresses the ongoing problems of drugs and prostitution. The alternative is business as usual; they will continue to throw resources at it, or they can utilize the state statute on nuisance abatement, which is far worse. He used the statutory definition of 'nuisance' as an example. They don't want an ordinance that gives the public the authority to complain about all nuisances; they are only asking for complaints of drug use & sales and prostitution. If they use the state statute, it will still cost the City money for the City to go to court and get injunctive relief. They believe they can get injunctive relief on narrowly focused issues without taking the issues to court through a board appointed by this Commission. Mayor Flagg said he is in favor of moving forward with this ordinance, and understands that they don't want certain issues to backfire on them, such as the 3-day notice. Mr. Holmes said he does not think the ordinance is dangerous to the City, and does snot offer major liability exposure because of the procedures in the ordinance; he does advocates in favor of increasing the number of days of written notice. He believes at least 20 days notice is defendable and within the law. They should adopt no less than 10 days notice. Three days is not enough notice to arrange for representation. |
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Motion |
Commissioner Norwood moved to amend Section 5(d) of the ordinance, addressing filing & processing a complaint, to amend "three" to "ten" business days. Commissioner Kitchens seconded the motion. |
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Roll Call Vote on amendment |
There being no further discussion on the motion to amend, a roll-call vote was requested, with the following results: Commissioners Kitchens, Norwood, Sanders and Mayor Flagg, Yes; Nays, none. The ordinance was declared amended. |
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Motion |
After further discussion, Commissioner Norwood moved to amend Section 4(a), creation of a Board, to reduce the number of board members from seven to five, and to amend terms from two years to three years, and to stagger the initial terms so that they don't all expire at once. Commissioner Sanders seconded the motion. Mr. Holmes said, as to Section 5, filing and processing of complaints, it states that any employee or resident of the city or owner of property in the city can file a complaint, and if the Chief has reason to believe the nuisance exists as defined in Section 2, it states he “shall” forward the complaint to the City attorney who “shall” place it on the board's agenda. He asked if Chief Getchell anticipates that it will be a problem for him as the ordinance obligates him to forward it to the Board for prosecution. Chief Getchell said if they amend Section 5(b), line two, to change "reason to believe" to "probable cause" that a public nuisance as defined exists, that would suffice. Commissioner Norwood amended his motion to include the change to Section 5(b) to amend "reason to believe" to "probable cause" and Commissioner Kitchens' second stood. |
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Roll Call Vote on 2nd Motion to Amend |
There being no further discussion on the second amendment to the ordinance, a roll-call vote was taken, with the following results: Commissioners Kitchens, Norwood, Sanders and Mayor Flagg, yes; Nays, none. The motion was declared passed. |
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Chief Getchell said by statute no attorney needs to sit on the NAB, so if the commission desires to amend that provision, they can. Mr. Holmes said he, as City's Attorney, would be prosecuting these cases, so there will have to be another attorney on the board. He also couldn't give the Board advice. There was consensus from the Commission to leave the provision that one member of the Board be an attorney with trial experience as stated. |
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Roll Call Vote on Main Motion |
There being no further discussion on the motion to pass the ordinance on first reading, a roll-call vote was taken, with the following results: Commissioners Kitchens, Norwood, Sanders and Mayor Flagg, yes; Nays, none. The ordinance was declared passed on first reading as amended. |
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ADMINISTRATIVE REPORTS |
There were none. |
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COMMISSIONER REPORTS |
There were none. |
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Adjourn |
At 6:48 p.m. upon a motion by Commissioner Norwood. |
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Produced
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