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Description |
Palatka City Commission 9/14/06 |
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Date |
9/14/2006 |
Location |
Palatka City Commission |
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Time |
Speaker/Item |
Note |
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Test |
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PRESENT |
Mayor Karl N. Flagg; Commissioners Mary Lawson Brown, Allegra Kitchens, George E. Sanders and James Norwood Jr. |
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ALSO PRESENT |
City Manager Allen R. Bush; City Attorney Donald E. Holmes; City Clerk Betsy Jordan Driggers; Police Chief Gary Getchell; Fire Chief James White; Planning Director Adam Mengel; General Services Director Ken Venables; Public Works Director Woody Boynton |
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CALL TO ORDER |
Mayor Flagg called the September 14, 2006 Palatka City Commission meeting to order. |
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Invocation |
Reverend M. Sidney McCollum, Interim Pastor; First Presbyterian Church of Palatka |
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Pledge of Allegiance |
United |
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APPROVAL OF MINUTES |
July 20, 2006 - Commissioner Norwood moved to accept the minutes as read. Commissioner Sanders seconded the motion, which passed unopposed. |
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PUBLIC COMMENTS |
Mark Miles, 414 River St., said he understands the City Manager will be leaving within the next 18 or so months, and asked if a national search was contemplated, and if so, when? |
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Mr. Bush stated it will be advertised broadly, both nationwide and in the State of Florida, through various publications. A committee will be set up to review the applications as they come in. The selection process is generally held in a public forum. |
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Mr. Miles said he has been through this process, and generally a citizens’ committee or committees are involved as well as the Commission. He asked what date the advertisement would begin. Mr. Bush said he announced some time ago he would retire at the end of 2007. It will be advertised two months prior. The Commission will appoint a committee that will contain lay citizens. The Commission will conduct interviews in a public forum. The Commissioners will be free to ask whatever questions they see fit. Mr. Miles said that is appropriate; however, two months prior to his retirement is not adequate. It will take 60 – 90 days to get through the application process. They need to allow enough time. Mayor Flagg said the process will actually start during the budget process, which begins six months prior to Mr. Bush’s retirement, which would provide that window. |
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Lynda Crabill, 609 S. 14th Street, speaking on behalf of the Historical Society, asked the Commission to make a concerted effort to save as much of the old buildings and historical buildings downtown as possible. The white building on the corner of St. Johns & N. 2nd Street is the oldest commercial building in the City of Palatka, built in 1885, right after the fire of 1884. It is of utmost importance to try to salvage it. Other buildings were built later but are still of historical value. She has talked about getting this on the agenda as part of the developer negotiations, to ask the developer to salvage them and make them part of his plans. Mayor Flagg asked if they can get some official minutes from the Historical Society to back this request up. Ms. Crabill said Larry Beaton, President of the Putnam Co. Historical Society, is drafting a letter to that affect. She will see that it comes to the Commission on its next meeting agenda. Mayor Flagg said at the very least, the Commission should have this information when it comes time to negotiate. Ms. Crabill said the Commission was given an inventory describing each building and its historical significance. They have asked the City to participate in the cost of bringing a historical appraiser in to evaluate the buildings as to their appraised value, what is salvageable, costs, etc. They would like this option before they are torn down. |
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Mr. Bush said anything that the Historical Society had could be brought up with the contractor as terms and conditions are discussed. They are in that process right now. Once the properties are turned over to the private developer, unless it is in the development contract, they will not have the opportunity. Ms. Crabill said the Commission can require whatever they chose of the developer and make that part of the contract. |
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Sam Deputy, 917 Carr St., said Larry Beaton did make a request at a recent City Commission meeting held at the Price Martin Center, asking the City to participate in half the cost, along with the Historical Society, to have an expert evaluation done on these buildings, from a preservation standpoint. Even if only the facades can be saved, they can save a little bit of Palatka’s history and celebrate it. The Society has not heard back on that request. They’d like an answer. Mr. Deputy stated he is also here representing the City Tree Committee to request to be on the next meeting agenda regarding some of the concerns the Committee has with the County granting landscaping variances to properties they know are going to be annexed into the City, leaving the City stuck with unacceptable, substandard landscaping on commercial properties. He’d like the City to look at its ordinances and determine how to best cooperate with the County to see they are not granting variances on properties they know are to be annexed into the City upon completion of construction. Also, the Tree Committee is sponsoring several “Greening of Palatka Days” sales, where landscapers gather to sell landscaping products and plants. They want to have a coordinated effort to repopulate the City with blooming azaleas, blooming crape myrtles or whatever theme plant is chosen, and also rid the City of some of the more evasive plants they are having problems with. They are also looking at other cities that are planning for the future with global warming. Several cities in California, which are smaller than Palatka, are planting up to 100,000 trees in the next five years, as they know it will reduce the rising heat level. They are planning for their future generations. They would like to look at that program and do the same. As to the Christmas Parade, Mr. Deputy said they are ‘picking up that ball and running with it.” It is scheduled for the Friday after Thanksgiving. They expect the City Commission to be in the lead; they will provide transportation. This year’s theme is “A Family Christmas Tradition.” The Palatka Daily News and WHIF are also sponsors. They are planning activities both before and after the Parade. |
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June Thompson, 2804 St. Johns Ave., said the 100 block is important to Palatka. There have been several studies done that tell them Palatka’s history, art and environment is important to its downtown redevelopment and tourism plans. They had a speaker come in from Tallahassee, who walked downtown and told them how important these buildings are, as they are cornerstones of the City. If someone from the State Historic Preservation comes in and says that, we should listen. They would like to get on the next meeting agenda and ask the Commission to look at this. They have already lost too much of their history. You cannot build more historic buildings once they are gone. Mayor Flagg said they should fill out the proper forms to request placement on the next meeting agenda. |
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Randy Braddy, 614 River St., said flooding on St. Johns Ave., which he has spoken to this commission about previously, is becoming more pronounced. This past weekend he was sandbagging the front doors of his store to keep the water out. Somebody has got to pay attention to what is going on. He took pictures of the situation, which he will reproduce for their review. The flooding occurs from 8th St. to the intersection of 7th on St. Johns Avenue on what he would call the north side of the street. Above the 800 block there is no water accumulation at all. There is no water accumulation on the south side of St. Johns Avenue on the 700 block. The problem is on the north side of St. Johns Avenue from 8th Street to 7th Street. The storm drain at the intersection of 7th & St. Johns is open, flowing and taking as much water as can go down there. He does not know the mechanics of storm drains but it would appear to him that the ‘opening’ needs to be larger in order to accept the water flow that is coming off that Street. He has pictures of Michelle Jeansonne standing at the curb almost up to her knees in water. When it crosses the curb, which is a full 4 or 5 inches, they have a serious problem. |
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Mayor Flagg asked Mr. Boynton if he was aware of some of the issue. Mr. Boynton said he recalled Mr. Braddy making similar statements at a recent meeting, but no formal call has been made to his department; he was remiss in not making a note at the meeting. He will meet with Mr. Braddy at the site. They are doing a lot of work at 15th and Oak at present to enlarge those openings. If the problem is with the height of the opening, it is a relatively simple matter to correct. Mayor Flagg said if they can get the photos downloaded they can start on rectifying the problem right away. He hopes the next report is that the problem has been taken care of. |
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Mr. Bush noted there is a lot of flooding from water coming off Reid Street in the vicinity of St. Johns Chevrolet; that is a state storm drain. They have looked at the problem, which involves surcharging at the end of the line. Usually the line is undersized for the amount of water that is going in it. It will drain off but has to wait for the water downstream to drain off first. It may be something they need to look at in conjunction with FDOT. Mr. Boynton said this may not be the same as the problems they experience on 17th & 18th Street, where the storm drain pipe is inadequate and can’t take any more water; if it’s a matter of opening size, they can handle that fairly easily. |
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Mr. Braddy questioned where the City stands on the matter of impact fees. The School Board and County have had studies done and have come up with their “magic numbers.” He has 147 and 157 percent increases in his taxes, which is a serious thing. Mr. Bush stated the City has contracted with GSG, a private consulting firm, the same one used by both the County and School Board. He spoke with them this morning. They are mailing the first part of the study to him today, and he should have them within the week. As to when they can be imposed, Mr. Bush said as he understands it, impact fees can be imposed at any time. Mr. Holmes concurred. |
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Mayor Flagg read the speaker card of Deb Miles, 414 River St. into the record at her request. It states “In less than 2 years, the City of Palatka has the opportunity to replace its City Manager. Please start a national search now so we can do better next time.” |
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Daniel Ziem, 401 Olive St. said he still wants to see the benches put back on St. Johns Ave., and the electrical outlets taken care of. He’d like to see the “Bus Stop” sign put back in front of Dairy Queen, and the “Bus Stop” sign taken down from the palm tree at the courthouse. Commissioner Sanders said he went all over that area looking for that sign and couldn’t find it, and has had two other people looking for the sign, and neither of them could find it. As to the benches at Dairy Queen, when he passed by there on two occasions around 11:00 p.m. the same man was sleeping on them. They are not put there for sleeping, or for people to sit and panhandle. Those benches were being used for that purpose, which gives the City a bad image. Mr. Ziem concurred and said he still wants the benches put back. |
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Mayor Flagg asked if a decision has been made administratively as to whether the City intends to put the benches back. If they are not going back, the citizens need to know that. If they are going back, they need to know when, so that the subject won’t be rehashed at every meeting. |
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Woody Boynton, Public Works Director, said the “Bus Stop” sign Mr. Ziem has been referring to at the courthouse was removed more than two weeks ago. Signs like that are not displayed by Public Works; they are put up by the entity that is in charge of putting up bus stop shelters or signs; presumably Ride Solutions. |
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Mr. Ziem said there was an outstanding kickball tournament at Fred Green Park, which Steamboat Willie's won. Everyone had a great time. The lights have finally been taken care of by Jeff Norton. Commissioner Brown noted the lights Mr. Ziem complained of are being worked on; they are working their way down St. Johns Avenue. |
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Len Freeman, 422 River St., President of Downtown Palatka Inc., presented a Resolution passed by Downtown Palatka, Inc. recognizing the importance of the Palatka Main Street Program, This was adopted August 28th with regards to the current situation with the Palatka Main Street Program. It was also presented to the full Main Street Board this past week. They had some very fruitful discussions concerning the current situation that the Palatka Main Street Program faces, including the difficulty in getting new officers working with the board members, and the vacancy of the Executive Director position. They believe this is a great opportunity to slow down and take a look at the program historically, and determine how to make it better. The Main Street Board approved asking representatives from the National Main Street Program to come to Palatka to work with them on evaluating the current program and determining what changes should be made, if any are necessary. The Chamber of Commerce is attempting to bring another very effective Main Street director in from another state, to give some feedback on the program. Downtown Palatka Inc. has not been very pleased with the way the Main Street Program has been going in the past few years. While there has been a lot of criticism, there is probably not a merchant who doesn’t realize the value of the program when put to use as it is intended. Admittedly, it should be customized for individual cities. The National Program folks had indicated they are very willing to come and work with them. He thanked Mr. Bush for being at the Main Street Board meeting, and felt some good discussion came from it. He asked the Commission to support the Main Street Board and Downtown Palatka Inc. and take the time to look at what can and was meant to do. |
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Discussion ensued on setting a date for this visit. Mr. Freeman noted Mr. Trendler, the Main Street Board President, stated he would is making those contacts. He hopes it is soon. Many events are coming up quickly that are typically overseen by the Main Street Manager, and Downtown Palatka will be picking those up. Mr. Bush asked for the name of a person, whether Main Street Board member of Chamber representative, who is making these contacts. It is his understanding that the Chamber was going to make that contact; they want to be sure the Chamber has been given notice of the request. Mr. Freeman said that is also his understanding, and said he will follow up with the Chamber and Mr. Trendler. They do not have a date set for the National Main Street visit, but the Chamber has agreed to pay the expenses for the person they wanted to bring in. Downtown Palatka has also agreed to help defray the cost of bringing the National folks in. He will follow up with Mr. Bush. Mayor Flagg said the City is receptive to working towards an alliance on evaluation of past issues and practices. The main individuals will be Mr. Bush as City Manager, Mr. Freeman as President of Downtown Palatka, the Main Street Board President and the Chairman of the Chamber of Commerce. |
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CONSENT AGENDA |
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Motion |
Commissioner Sanders moved to approve all items on the Consent Agenda as presented. Commissioner Brown seconded the motion, which passed unopposed. |
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PUBLIC HEARING |
TRIM Calendar - Tentative Budget and Proposed Millage Rate (8.65 mills proposed) - Mayor Flagg opened the public hearing. |
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TRIM Calendar |
Mr. Bush said the General Fund Budget differs slightly from the one that was approved in the Workshop held earlier this year. The final taxable value was higher than the original estimate from the Property Appraiser. It raised the additional revenue, taking the ad valorem proceeds to $3,474,529, which is $146,000 more than what was shown in the budget that was approved back in July. The total General Fund becomes $9,408,488.00, as shown in the Appropriation Ordinance, which corresponds with the new figure. On the expense side, salaries in the Building Department will increase to allow for the two positions to be added. The Fire Dept. 'Building Maintenance' line item was increased to allow for needed repairs that were evident during the budget walk through of various facilities. A piece of equipment was omitted from the Parks Dept., so $5,000 was added to that budget. The remainder went into the contingency line item. The final proposed ad valorem rate is 8.65, which is 7.708% above the roll back rate. Not shown in the budget are some two million dollars in grants funds anticipated in the coming year for utility improvements. They have been approved, but they do not yet have signed contracts. The Public Works Director will speak on these projects. |
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Mr. Bill Thompson, 1410 High Street, said he is concerned about taxes. In the last two years his taxes have increased 122%; this year it is up 106%. It appears he is going to have to sell his property due to his tax bill. He understands the County does the valuation, which is up 103% this year. His next-door neighbor has a nicer house, built later than his, and their valuation is only up 16.7% this year. A friend of his owns a business and his is up about 4%. Another friend has a house and his is up about 20-25%. He thinks there is a problem with the valuation on his property. Everyone else’s valuation in his neighborhood should have gone up. He may seek legal remedy. He is getting other valuations on his property and will decide whether to sell it or what to do with it. His taxes have gone from around $3,000 up to $7,100 and he is not going to pay that. |
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Commissioner Kitchens asked if Mr. Thompson has spoken to anyone at the property appraisers office about his valuation. Mr. Thompson said they came to his house this morning. Commissioner Kitchens said he can file an appeal with the Valuation Adjustment Board through the County. Mr. Thompson stated he will do that, stating he feels violated and is upset. It is going to get to the point where no one can move into Palatka. He has a problem when his valuation goes up 100% and his neighbor’s only goes up 17%. When there is that kind of a discrepancy, there is a problem. |
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Randy Braddy, 614 River St. concurred with Mr. Thompson had to say. As it concerns the downtown area, commercial Enterprise Zone or CRA, it is difficult to balance a budget and deal with these increases. On his buildings at 706 and 708 St. Johns Avenue, the taxes went up 76 and 78 percent. On his buildings at 727 and 729 St. Johns, they are up 51%. These are big increases in what he considers a blighted area. They are trying to encourage redevelopment. There are substantial incentives being offered to attract entrepreneurs or enterprises to come in and invest, but it is difficult to hold them until they can get their businesses opened and viable. They need some reasonable tax abatement in the area. This takes nothing more that the “wave of the Commissions’ pen” to do this, as he understands it. They need a way to get some cash flow going; these tax increases are a burden. Also, as to residential housing, he renovated a house on Laurel Street for Section 8 Housing. The valuation on it went up 143% this year. The person bearing that weight will be the tenant. The answer seems to be granting some sort of tax abatement for investment in the downtown business district to facilitate the redevelopment effort. He cannot fathom some of these increases. As to his personal home, it has a driveway in the rear and a second entrance off of Dodge St., and somehow the value of that driveway caused a 51% increase in his valuation on his home. |
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Mr. Holmes noted the City has nothing to do with setting the valuation on his property. Mr. Braddy said the Commission can address the millage rate, which is the other side of the equation. Mr. Holmes said the speakers haven’t been addressing the millage, only the rising valuations on their homes. This Commission has nothing to do with how property is valued; the Property Appraisers’ office does that. This Commission doesn’t even have input into that. If Mr. Braddy is talking about the millage rate, then he needs to identify that and speak to the issue. This Commission does not affect property values. Mr. Braddy said the Commission should consider some sort of tax abatement program for the downtown business district. Also, if they take the same millage rate from last year and apply it to the increase in taxable value, it is a huge jump. They should have some ability to roll back the millage rate. |
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Commissioner Brown said the City tried to go to the Legislature to pass a bill enabling an affordable tax abatement program for downtown redevelopment districts and ran into all sorts of roadblocks. They got all kinds of different answer as to what steps they needed to take, and then time ran out to get a bill to the Legislature. Mr. Bush noted they pulled that program out last week and they are looking into some form of tax abatement. As to the CRA, there is an option to create some sort of abatement. Commissioner Kitchens said even if there was an abatement program, the millage has not gone up from last year. The City is at 8.65 mills, but the County is at almost 20 mills. City tax abatement won’t ease the County’s millage. Florida Statutes says the Property Appraiser must assess at 100% of the fair market value. There are eight criteria used to determine the fair market value, one being the sales price of the property and one being the listed sales price. When you talk about increasing the tax base, you are talking about your individual assessment plus taxes increasing; that is what it means. The Property Appraiser has to look at recorded sales as well as what the property is listed for. They have to increase the value so that the assessed value is in line with what the property is selling and listed for. If the property appraiser does not do this, the Department of Revenue, who oversees that office, steps in, removes the staff, and brings their own staff in, and then they will increase the value. Mr. Thompson needs to check why his neighbor’s assessment is so different from his. It could be the age of the house. |
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Leonard Freeman, 422 River St., said the issue for the City of Palatka and its property owners is that their properties begin to get to the point where the cash flows are nearing negative. Personally, they have sold three of their properties in the City and do not plan to buy any more. The City of Palatka has a finite amount of property. Most of those are minimally taxed. He strongly encourages the City to work on a program to encourage infill. There are lots of infill lots that can be built on and that is a way to produce additional revenue to grow the tax base. They hear that more development does not pay for itself and new development demands more services than it actually pays for. There have been many studies done over the past several years, particularly in medium to small market cities, where creating infill through some incentive programs by the city government actually creates a revenue stream that pays more than it demands in services, because there are some additional benefits. There are gas lines there that are a revenue resource for the City. Water and sewer lines are typically there. Infill lots don't stress the current infrastructure, not like a new subdivision. It’s time to put a program together to encourage infill of vacant lots. The City owns some lots that could be used to encourage infill through a cooperative effort. If this is done right, it will increase the revenue stream and the City could actually lower its millage rate and realize the same amount of money, because the overall tax base would increase. |
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Mr. Bush concurred, and said the vacant buildings and lots particularly in the CRA district are part of the City’s overall redevelopment plan. It is the purpose of the CRA to make properties attractive enough to entice development, and that is what they have been doing with the 100 blocks. That is just one project. They are going to have to put something meaningful on those 100 blocks to get people in. Once they are here, you have created a market for businesses and residential development. Right now, the two most valuable blocks in the City pay nothing in taxes. This is an effort that the City has been pursuing and will continue to pursue. As to residential development, Mr. Bush said he has argued for some time that the various CRA's and historic districts should save their money, and instead of spending it on minor things, purchase problems homes within the district, fix them up and make them desirable. It will increase the value of the surrounding properties and make people want to come in and build in those areas. |
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Mr. Freeman said noted they are currently working with the Springfield District. Twenty or so years ago it was a very undesirable area, but now it is a destination for people looking for nice, high-quality turn-of-the-century homes. It took a long time to get there. Now professional builders clamor for vacant lots and scrap housing. Mr. Bush said they considered what Savannah and Charleston did in their historic areas. Although their situation is a little different due to the demand for housing; they did the same thing. |
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LEVY ORDINANCE NO. 06-37 |
The Clerk read an ordinance entitled AN ORDINANCE LEVYING TAXES FOR THE YEAR 2006 TO RAISE THE NECESSARY REVENUE TO DEFRAY THE EXPENSES OF THE CITY OF PALATKA FOR THE FISCAL YEAR 2006-07 in its entirety. |
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Motion |
Commissioner Sanders moved to pass the ordinance on first reading as read. Commissioner Norwood seconded the motion. |
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Roll Call Vote |
Commissioners Brown, Kitchens, Norwood, Sanders and Mayor Flagg, Yes; Nays, none. Ordinance No. 06-37 was declared passed on first reading. |
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APPROPRIATION ORDINANCE NO. 06-38 |
The Clerk read an Ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, MAKING AN APPROPRIATION OF MONIES FOR THE OPERATING EXPENSES OF THE CITY OF PALATKA FOR GENERAL ADMINISTRATION OF THE SEVERAL GOVERNMENTAL DEPARTMENTS OF THE CITY, AND FOR CONTRIBUTING TO THE SEVERAL SINKING FUNDS OF THE CITY TO PAY INTEREST ON AND PROVIDE FOR THE RETIREMENT OF THE OUTSTANDING BONDS AND OTHER FIXED OBLIGATIONS OF THE CITY, AND FOR PALATKA GAS AUTHORITY, FOR AND DURING THE FISCAL YEAR A.D. 2006-07. |
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Motion |
Commissioner Norwood moved to pass the ordinance on first reading. Commissioner Brown seconded the motion. |
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Roll Call Vote |
Commissioners Kitchens, Norwood, Sanders, Brown and Mayor Flagg, Yes; Nays, none. Ordinance No. 06-38 was declared passed on first reading. |
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REPORTS OF DEPARTMENTS AND COMMITTEES |
Woody Boynton, Public Works Director, reported on the $2 million in grants they expect to receive next year, which the City Manager mentioned during the preceding item. They anticipate receiving around $250,000 from the State Legislature and another $250,000 from the Water Management District to extend the reuse line from the Golf Course to the Ravine Gardens and football stadium in order to provide reuse water for irrigation. This is at no cost to the City. The 2nd Grant that they are looking to receive is $750,000 from DCA to aid in the construction of a new water main extending from around S. 13th Street to the downtown area. The 3rd Grant they are looking to receive is approximately $750,000 from the Department of Environmental Protection to fund the first installment of the construction of the new water plant, which is slated to begin early next spring. He noted the status of ongoing projects, such as the Kirby Street drainage project, which is in construction now and should be complete within a few months. The Water Management District funds the majority of this project. The Northside CDBG Project is also ongoing. This is a significant drainage project. $750,000 is funded through DCA and the city is providing $350,000 in matching through cash and in-kind work. They expect to go out for bids on October 17 and look to start construction around the first of the year, or mid-December at the earliest. The most important project is the Water Plant Project. The DEP’s submittal deadline of September 15th was met and they will hold a public hearing in 30 days on funding this project. The design phase is at 100% completion. They expect the review to be completed around the same time the public hearings will be held. Paperwork transmission will take around 60 – 90 days after that. After going out to bid, the construction should be underway by March or April of 2007. Mr. Boynton said the newspaper has reported on the $4.4 million dollars granted by the Water Management District. Technically, around $2 million will be grant funds and the other $2.4 million dollars will come in-kind from the City. This project is divided into three smaller projects: 1) The reuse project; 2) a zero discharge project at the Wastewater Plant, which will be mandated by 2009 when their permit expires, and 3) funding for a smaller reuse project. Under the $4.4 million that was appropriated for this project, they are putting together some paperwork for SJRWMD that will enable them to hopefully defray some of the cost that fits into the City's 15% match on the reuse projects. 2007 will be a busy year for the Public Works Department. This doesn’t include the other $500,000 in projects that were approved during the budget process. |
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As to sidewalks, Mr. Boynton said they are doing approximately 200 to 300 feet of sidewalk each week, which includes handicap ramps. Currently they are working on Mosley Ave.; this has been a fairly successful project, as they are able to do straight lengths of sidewalks. They can do upwards of 250 – 300 feet each week there. They will be transitioning over to St. Johns Ave., which will be somewhat more difficult. Their goal is to complete around 2 miles of sidewalk each year. |
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RESOLUTION NO. 8-9 |
The Clerk read a resolution entitled A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST A 'JOINT PARTICIPATION AGREEMENT' WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REPLACE OR REPAIR AIRPORT SECURITY FENCING AT PALATKA'S KAY LARKIN MUNICIPAL AIRPORT. |
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Motion |
Commissioner Norwood moved to adopt Resolution No. 8-9 as read. Commissioner Brown seconded the motion. |
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Roll Call Vote |
Commissioners Norwood, Sanders, Brown, Kitchens and Mayor Flagg, Yes; Nays, none. Resolution No. 8-9 was declared adopted. |
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ORDINANCE 06-39 |
Setting forth new water rates both inside and outside the city limits - The Clerk read an ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PALATKA, FLORIDA BE AMENDED BY REVISING APPENDIX "A" TO SECTION 86-314 AND APPENDIX "A" TO SECTION 86-315 THEREOF, PROVIDING NEW WATER RATE SCHEDULES EFFECTIVE OCTOBER 1, 2006, BOTH INSIDE AND OUTSIDE THE CITY LIMITS RESPECTIVELY; 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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Mr. Bush ran down the list of rates comparing 2005 with 2006. There was no rate increase last year, so the 2005/06 rates are the same as the 2004/2005 rates. Commissioner Norwood asked if this was provided for the audience; Mr. Bush said he will provide the newspaper with a copy, and read the schedule into the record. Commissioner Kitchens asked the reason for the rate increase. Mr. Bush said it was due to an increase in operating costs within the departments. They have gone up like everything else. There are increases in electric, fuel, and personnel costs. There have been no additional personnel added; those levels have remained the same. The quality of service is not being compromised. He compared these rates with Green Cove Springs’ rates. Commissioner Kitchens asked how the average income levels between the two cities compare; Mr. Bush said he did not check income levels, but does see it as a comparable city. |
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Roll Call Vote |
There being no further discussion a roll call vote was taken. Commissioners Sanders, Brown, Norwood and Mayor Flagg, yes. Commissioner Kitchens, no. Motion passed on first reading by a vote of 4 to 1. |
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ORDINANCE NO. 06-40 |
Setting forth new sewer rates both inside and outside the city limits. The Clerk read an ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PALATKA, FLORIDA BE AMENDED BY REVISING APPENDIX "A" TO SECTION 86-344 AND APPENDIX "A" TO SECTION 86-345 THEREOF, PROVIDING NEW SEWER CHARGES EFFECTIVE OCTOBER 1, 2006, BOTH INSIDE AND OUTSIDE THE CITY LIMITS RESPECTIVELY; AND PROVIDING AN EFFECTIVE DATE. |
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Motion |
Commissioner Norwood moved to pass Ordinance 06-40 on first reading. Commissioner Sanders |
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Roll Call Vote |
Commissioners Brown, Norwood, Sanders and Mayor Flagg, yes. Commissioner Kitchens, No. Motion passed on first reading by a vote of 4 to 1. |
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ORDINANCE NO. 06-41 |
Setting forth new garbage collection and disposal rates. The Clerk read an ordinance entitled AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PALATKA FLORIDA BE AMENDED BY REVISING APPENDIX "A" TO SECTION 66-9, PROVIDING NEW GARBAGE COLLECTION RATES EFFECTIVE OCTOBER 1, 2006; AND PROVIDING AN EFFECTIVE DATE. |
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Motion |
Commissioner Norwood moved to pass Ordinance No. 06-41 on first reading. Commissioner Sanders seconded the motion. |
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Roll Call Vote |
Commissioner Kitchens, No. Commissioners Norwood, Sanders, Brown and Mayor Flagg, Yes. Motion passed on first reading by a vote of 4 to 1. |
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POLICY ON E-MAIL AND INTERNET USAGE |
Police Chief Gary Getchell stated he was asked to take the draft policy from the last meeting and assemble the department heads to take input on appropriate changes, based on their situations. All the proposed changes are underlined. There weren’t many changes made, but the changes clarified the policy. He met with the City Manager and went over those changes with him. He also sent them to the City Attorney, who concurred on the changes. |
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Mark Miles, 414 River St., asked why a policy wasn’t in place prior to the somewhat embarrassing e-mail/computer use scandal that took place a few months ago. Why wasn’t a policy immediately addressed? The commissioners were elected by the citizens to implement policies to protect and insure the quality of life. They need to be insightful and proactive in instituting policies to guarantee that, not to be reactive after the fire has started. He asked them to look ahead to institute policies before the fire starts and before the damage is done. |
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Mayor Flagg read a speaker card from Deb Miles, 414 River St., into the record, per her request. It states “The internet computer incident was extremely disappointing yet not surprising. The City Manager is not a leader, he is a reactor. Please begin a national search for a new City Manager as soon as possible. Technology needs controls just as our City needs controls. Palatka deserves the best City Manager in the nation, not just in Florida.” |
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John Burns, 506 Emmett St. stated he is concerned that Mr. Bush reviewed the draft e-mail policy. This was policy was derived following the actions of Mr. Bush. He asked if a more appropriate person could review the draft policy. Mayor Flagg stated the City Attorney as well as the City’s labor attorney developed the policy. It was tabled at the last meeting to allow for Department Head review and input. The charge was given to Police Chief Getchell to head the review with the department heads. As Mr. Bush is the City Manager, it is appropriate for him to review it, as does the City Commission. Mr. Burns said he understands that, but given the circumstance, it would appear to him that someone else would review the policy with the department heads given the involvement of Mr. Bush. |
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Daniel Ziem, 401 Olive St. said they should remember a City Commissioner, George Sanders, did the same thing. If there are any ethics violations, he is just as guilty as the City Manager. |
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Michelle Jeansonne, 506 Emmett St., asked if the department heads reviewed the document that Mr. Bush and the attorney generated. Mayor Flagg stated Mr. Bush had no role in generating the policy. The City Attorney and labor attorney drafted the policy and the department heads reviewed it for appropriateness. From their prospective, for the employees that they supervise, each of the department heads would know specifically how their department uses e-mail, or if their department uses city e-mail or city internet services. The City wants a comprehensive policy, so they allowed extra time for a department head review so they could get their input. Susan Erdelyi, the City’s Labor Attorney, reviewed several e-mail policies and chose two that complied with applicable Florida law and would not cause the City difficulties in the labor arena. She provided the e-mail policies of two different cities to Mr. Holmes, who essentially merged them by taking portions of each that he felt would apply most appropriately to Palatka. That was presented to the City Commission at the last meeting. Mr. Holmes noted the version they are considering tonight was modified only slightly from the version he presented at the last meeting. Mr. Bush did not draft it nor did he make any of the changes. Ms. Jeansonne said she has some concerns and worries about there being any conflict of interest, or if people felt they could be more frank in their discussions on the matter if Mr. Bush, whose actions necessitated this policy, weren’t their supervisor. Mayor Flagg stated that Mr. Bush was not part of the department head meeting. That is why it was delegated to the Police Chief to act in his capacity. The original draft they were working from did not originate at City Hall; it originated from the attorneys’ offices. Ms. Jeansonne asked who makes the final decision whether this policy is adopted and implemented. Mayor Flagg stated the City Commission is getting ready to make that decision now. Ms. Jeansonne said she is having a problem following the path on Chief Getchell’s pulling comments from other department heads. Chief Getchell explained he held a meeting with all department heads, they looked at each sentence and paragraph, took consensus on changes, and made the changes in the draft. Ms. Jeansonne asked who the Chief reports to for his review. Mayor Flagg said he reports to the City Manager. Ms. Jeansonne stated that was her point; it seems like a conflict of interest. |
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Mayor Flagg said the City Manager did not initiate the policy, nor did he put it out and ask for comments. The only part of the process that Mr. Bush has been in involved in is what the Commission has before them tonight, which was presented to him for any comments that he had just as if he were a department head. The City Attorney and the Labor Attorney ‘engineered’ the policy and have been the engineers from day one. Mr. Bush said he did not write one word of this policy. Ms. Jeansonne said Mr. Bush is the head of every department head in the City. Commissioner Brown stated the Commission is his boss, and that is why they are here. |
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Lynn Hoffman, P. O. Box 1, East Palatka said a couple of people have taken an unfair hit on this. Although he is not a City resident, he owns property in Palatka and spends 80% of his money in the City. The ridiculous amount of press and inordinate concern about the City Manager sending an e-mail joke to his friends has been blown up to some sort of importance due to the fact that some have found no other fault in him. The e-mail was forwarded at approximately 9:00 a.m. on Monday July 24th and before noon there was a group of reporters, a cameraman and several angry people outside of this building holding hard copies of this joke. Whether by accident or design, the e-mail went out, unfortunately to those most likely wishing to see the City Manager damaged. He questions the motive of those who studied this item long enough to glean its content, as it goes on page after page. If he receives a forwarded joke and that is lengthy or not of his interest, he simply closes it and deletes it, he does not print copies and call the newspapers. Of all the millions of users of e-mail he doubts that many have never sent e-mail to the wrong recipient by mistake. He is troubled that this so-called breach of ethics was made such a big deal. The City Manager is not an hourly paid employee; he is salaried and that means he gets to work a lot of overtime without compensation. They have all taken company time to do personal errands. Mr. Bush has been here almost 30 year and is not the cause for all the ills of this City. He is probably the most fiscally responsible City Manager the City has ever had or ever will have. Mr. Hoffman feels the decline of downtown is the result of progress. He’d like to know how this City Manager could influence prosperity to have stayed downtown; downtown decline is a normal progression of our times. Those most vocal about the City Manager, who wish to see the downtown area improve, don't do very much on their own except complain. It is obvious to see success downtown in businesses such as Jeansonne's, Angela's and several others. They have it together and aren't dependent on a committee. They cooperate with codes and work hard and wise. It is also obvious to him to see failure in empty buildings that the owner or owners do nothing about. They expect City code officers to allow infractions to save them repair dollars, then they complain about the City doing their job honestly. Some may even throw a bit of a tantrum and attempt to coerce the City by threatening to turn their treasured property messes into soup kitchens and flop houses to draw the derelict poor to the downtown. The newspaper gives front page space to a "Tempest in a Tea Pot" throughout the week while in the same week the St. Augustine Record reports, on their front page, the results of a community meeting about plans for a residential community in East Palatka that would use 3,000 acres to house 8,000 residents. During the same week the St. Augustine Record ran a five-part series on the St. Johns River, and in the process interviewed many Putnam County residents and put their stories and concerns for the river on the front page. He asked why the Palatka Daily News wasn’t doing that series? What is the Palatka Daily News’ priority, a misdirected e-mail or real news about Putnam County’s success? He feels those who can see nothing more than this lapse of judgment and condemn a man with 30 years of fine service have much too little charity of heart. There are existing plans and planners, and work is in progress. It is unfortunate that those casting stones will not understand that things are not always done their way or, as a phrase heard from time to time, "we do it this way in New York". In Palatka, we do it this way; we aid the poor, we keep taxes low, we spend wisely and we get reliable contractors and contracts. Progress will come and is coming. If it isn't fast enough for some, they need to provide more constructive action and less criticism on the parts of those detractors. Government isn't designed to do it for us. |
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Edison Lambana, 200 Husson Ave., observed that Mr. Bush and Commissioner Sanders made a decision they regret, and it is time to leave this behind. He has made mistakes in his life. There was no policy before, but now there will be one, so they all need to move forward and work together. They have all made mistakes. Let Mr. Bush finish doing his job. He has worked with both Commissioner Sanders and Mr. Bush over the years, and they work very well together. He is a minority and has nothing but good to say about this city, despite some differences and conflicts in the past. They can learn from mistakes and make progress. He said he was not present at the last meeting when some people verbally abused Mayor Flagg, and he apologized to him, saying that was wrong; the citizens should have conducted themselves better. |
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Mr. Holmes said e-mail policy is the agendaed item. The contents are here for their review, and the real purpose of the discussion is for comments, objections, suggested changes and criticisms if there are any, not who drafted it or reviewed it. From his prospective he feels it is a good combination of the two policies he was provided, but if there are people who think there are specific items in the policy that should be changed or handled in a different fashion, he suggested they address the merits of the policy and try to be about adopting one. |
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John Lyon, 1417 Kirby St. said no one in the audience had received a copy of the policy to review and make comments on. Betsy Driggers, City Clerk, stated it has been on the City’s web site since Monday. Mr. Lyons said Mr. Holmes made the comment people are suppose to be going through the policy but the policy is not available. Mr. Holmes said people should have asked to see a copy of it before now. This is the purpose of what the Commission is here for. Mr. Lyons said everyone would like to see it. |
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Motion |
Commissioner Norwood moved to adopt the E-Mail/Internet Usage Policy into the City of Palatka Personnel Rules and Regulations Manual as written. Commissioner Kitchens seconded the motion. |
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Len Freeman asked if Chief Getchell brought an underline/strike through copy to this meeting, and asked if that is what the Commission is reacting to or acting upon at this time. Mayor Flagg said the Commission is not reacting to anything, they are responding to a proposed policy and procedure manual for internet/e-mail usage for City personnel. The Commission does have the policy and have had the opportunity to review it, and that is what they are taking action on tonight. Mr. Freeman asked if that policy contained the changes mentioned by Chief Getchell. Mayor Flagg said they did not consider the policy at the last meeting; it was tabled to allow for changes. As far as the Commission is concerned, what is in their Agenda packet is what the Commission is taking action on. |
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Mr. Holmes stated the policy does contain those changes. You can tell by reading the accompanying memorandum that the changes were suggested as a result of Chief Getchell’s process, because they are underlined. Mr. Holmes’ original draft is not underlined and the suggested changes are. Mr. Freeman said that answered his question, and asked again if the policy the Commission is about to adopt includes the changes Chief Getchell referred to. Mayor Flagg responded yes, it does. |
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Commissioner Brown said the changes came not only from Chief Getchell, but also the rest of the Staff. She asked that this be done in order to be sure all were treated fairly. Some departments do more stringent stuff than others. Mr. Freeman said the Commission speaks as though they in the audience have all had an opportunity to review these changes and make public comments. They can't make public comments on anything they haven’t had a chance to review. He does not have any idea when it hit the internet but assuming it hit in time, they would have been able to read and digest it. Apparently none of them here did that, so they are operating without and can't make public comments, as they don’t know what they are commenting on. Also, they should have brought professional human resources people in from other governmental agencies to assist in the development of this policy. There are other governments operating within the City limits or the county that have very good policies in place, that may or may not be in line with what the City has developed. This would have been a wise choice, not after a crisis situation, but long ago. |
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Lynda Crabill, S. 15th Street, said they did not get a chance to see the changes Chief Getchell brought in. Even if they had gone on the internet and seen what had been presented, his comments are just now being presented. Betsy Driggers, City Clerk, said as point of clarification, this policy, as it reads now and as the Commission has it, is how it went into the Agenda package, which was printed and distributed Monday morning, four days ago. It has also been posted to the internet since Monday, with these very changes underlined and noted. The City Attorney signed off on these changes last Friday, a week ago. This is not something that was only brought in tonight. The changes themselves are minimal. As to one large paragraph that is all underlined, noted at the bottom of the third page under “Authorized Uses,” it is underlined only because it was moved from Section I to it’s own separate section. It reads just as it did when it appeared under Section I. All of this is also available in the Clerk’s Office for the asking. If someone wants to see a particular Item on the agenda and does not have access to the internet they can always come to her office and request it prior to the start of the meeting. |
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Mayor Flagg stated if there were a way to make this proposed draft better, there would be another meeting of the City Commission. The doors and hearts are open. This policy was drafted as a response and not a reaction. If it were a reaction it would have been adopted several weeks ago. You have to take your time with these things, because two wrongs do not make a right. |
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Lynda Crabill said she appreciated the Commission having many people look at it and make a decision. Mayor Flagg the City has very competent legal advice, and he has complete confidence in their competence. There is nothing that cannot be brought to the Commission if there is a revision that would make this policy better. Laws and ordinances as well as policies are changed every day. Ms. Crabill said when this particular e-mail was brought to the public’s attention, it had nothing to do with any personal agenda against Commissioner Sanders or Mr. Bush. It was about the e-mail and only the e-mail. |
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Mary Murphy, City GIS Computer Operator and Webmaster, said when she checked the agenda package on the web site this afternoon there had only been 9 lookers at the agenda package. When you go on the City web site you see a button labeled “Agenda,” which takes you to a table of contents of agendas by meeting date. Next to it you will see “agenda package” for that date, which is the entire package scanned. Every bit of it is there. There were only 9 lookers as of this afternoon, and at least 3 of those were she. The Clerk noted she was two of those. |
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Commissioner Kitchens said she has looked at the e-mail policy and thinks it is very fair. It is fair to the employees and everyone in the room. At one time or another everyone here has been an employee, and some have been bosses. They have to remember that. This policy is very fair to all the employees, while it also clearly spells out what can and can't be done with the internet. |
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Roll Call Vote |
There being no further discussion a roll call vote was take with the following results. Commissioners Norwood, Sanders, Brown, Kitchens and Mayor Flagg, yes. Nays, none. The policy was declared adopted. |
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Recess |
Mayor Flagg called for a short recess, noting he was passing the gavel over to Vice Mayor Brown to chair the remainder of the meeting. He then took his leave. |
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Reconvene |
Vice Mayor Brown called the meeting back to order and continued with the Orders of the Day. |
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ADMINISTRATIVE REPORTS |
The City Clerk reminded the Commission and Department Heads of the Florida League of Cities Dinner Meeting the City will be hosting next Thursday night, September 29th, at the Municipal Golf Club. Please let her know if you will be attending and how many. |
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COMMISSIONER COMMENTS |
Commissioner Sanders said he hoped there would be time for a bus tour prior to the Dinner to tour the Mulholland House and Train Depot. He is trying to get contact Mrs. Browning to set up a tour of the Depot Museum. |
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Vice Mayor Brown noted it is time for the Regional Planning Council’s Annual Awards Program. Several years ago Palatka won for renovating the Train Depot into a countywide Intermodal transportation hub. There are several categories to apply for. She will leave the applications with the Clerk. She would like to see the City get some of these awards. There is a deadline. Commissioner Norwood asked if they have to name a person or a project. Vice Mayor Brown thought it could be several things, there are five categories. Commissioner Norwood suggested the City submit the reuse project. Vice Mayor stated the Commission is chasing more ways to do more things for more people. In talking to the young man who does the business incubator, they found that he does the CDC, or the Community Development Corporation. She brought some information back on it and would like to get Mr. Bush and whoever else he needs to look into targeting the Northside for this. This goes hand-in-hand with the Weed and Seed project, along with a CRA for that area, to see which one would be appropriate. They need to move forward and come together with positive suggestions. |
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ADJOURN |
At 8:08 p.m. upon a motion by Commissioner Norwood, seconded by Commissioner Kitchens. |
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