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COMMISSION AND CRA MEET
May 20, 2015
 
Meetings’ Specifics:
 
The Cedar Key City Commission met at 6 pm on Tuesday, May 19, 2015, at City Hall.
 
The Cedar Key Community Development Agency met after the Commission meeting at 7:35 pm.
 
In the audience were: David Thomas, Lou Jones, Tina Ryan, Mac Cox, Bunny and Joe Hand, Greg Lang, Jan and Steve Stackhouse, Steve Rosenthal, Ivan Chubb, Linda Dale, Chris Topping, Rosie Cantwell, Jolie Davis, Allison Nelson, Margy VanLandingham, Dennis Gill, Vanessa and Kenny Edmonds, Edie Zapir, Purvis and Gray’s Terry Kite, and several others.
 
After the City Commission adjourned, many of the above audience members exited City Hall.
 
Both the Commission ad the CRA meetings were adjourned by 7:42 pm,
despite a two-and-a-half page agenda.
 
COMMISSION MEETING 
 
PUBLIC COMMENT
 Memorial Day Service:
Marine Veteran Ivan Chubb invited all to attend the Saturday, May 25, Memorial Day ceremony which will occur before the Cedar Key City Hall at 1 pm.  An event that originated after the Civil War, the event now honors those who died serving in the military.
 
Fireworks Update:
Cedar Key Chamber of Commerce Executive Director Leslie Valen announced that the fireworks planning and fundraising are well underway.  The Chamber’s goal is to raise $12,000 for the display. The donations need to be received by the end of the first week in June.  The fireworks display itself will last for approximately thirty minutes, using 3000 pieces and shoot some 500 to 600 feet in the air.   Because this event will be managed by a fireworks display commercial vendor, it will be the first July Fourth fireworks display that the Cedar Key Fire Department personnel and volunteers will be able to view the spectacle with their families.
 
Funds are needed.  In order to donate, Valen asked that individuals, organization, anyone, and everyone drop by the Chamber or visit the Chamber website.  The early June date is necessary to manage all the details.
 
Lions Club Festival Report:
The Lions Club Ken Rosenthal announced that the funds raised from the March 28 and 29, 2015, Old Florida Celebration of the Arts totaled $32,478, approximately $14,300 of which was earned by the Cedar Key School student groups. 
 
Equally exciting, perhaps more exiting, is the fact that 72% of the waste from the festival did not go to the landfill; instead, the waste was recycled and reused.
 
NEW COMMISSIONERS AND POSITIONS
New Commissioners Heath Davis, Diana Topping, and returning Commissioner Sue Colson were sworn in by City Clerk Teresa George.
 
George orchestrated the voting amongst the five commissioners to elect persons for the positions of mayor and vice-mayor.  Heath Davis was elected mayor and Dale Register vice-mayor. 
APPOINTMENTS
 City Personnel
Police Chief Virgil Sandlin, City Clerk Teresa George, City Attorney Norm Fugate, Public Works Direct Bill Candle, Fire Chief and Emergency Management Director Robert Robinson, and Code Enforcement Hearing Officer Alan Kay, currently under an “as needed” contract, were unanimously reappointed to their current positions.   Each was personally welcomed back and each thanked the commission.
 
The decision regarding the Planning and Development Director was tabled as the position is vacant.
 
Cedar Key Land Planning Agency
Because the LPA has been recently established with each member having designated term limits, the commission did not reappoint them at this meeting.  Current LPA members are:  Chair Heath Davis, vice-chair Dennis Gill, and members Frank Offerle, Ronnie Taylor, and Marguerite VanLandingham.
 
COMMITTEES
 Historic Architectural and Preservation Review Board:
The Historic Architectural Review Board renewal was put on hold to allow for time to determine how they are appointed and why there are no term limits. The item will “be placed on a future agenda,” said Mayor Davis.   The board currently is composed of Ada Lang, Earl Starnes, Gorge Sresovich, Bucky Schlemmer, and Anne Young.
 
Cemetery Committee:
The Cemetery Committee was unanimously renewed.  Members are Laura Jean Delaino, Jackie Padgett, and Bucky Schlemmer. Commissioner Colson commented that there has been a liaison from the commission to work with the board. Mayor Davis said he would make a note of that.
 
CONTRACTS AND AGREEMENTS
 Building Department:
The renewal of the City’s contract with Walter Brown (Florida Municipal Services, Inc.) was discussed. The company has been sold to M. T. CAUSLEY, INC. and Walt Brown is now an employee of the new company. Alterations made to the contract were: “the contractor will provide zoning consulting services at a rate of $70 per hour, an increase of $10, including travel time if a meeting is required”; and “plan review and inspection services shall be based on $70 per hour, four hour minimum.”
 
Discussion included the perception that Bob Kagen, the person at City Hall representing the Building Department on Thursdays, does not report to or talk to Walt Brown, the designated Cedar Key Building Department Officer; instead, they separately report to a third party. Colson reminded the commissioners that the massive accumulation of boxes full of Building Department papers are not included in the contract under consideration.
 
Commissioners directed Attorney Fugate to resolve issue of which company, or both companies, to name in the contract. He will correct the situation, prepare a new contract, and report back at the June 2 commission meeting. 
 
Mayor Heath Davis was granted permission to talk to Walt Brown about the “whole mess” and report back to the commission.
 
Crossing Guard:
Commissioners unanimously approved an extension of the initially agree upon 1997-1998 interlocal agreement with the School Board of Levy County to pay a portion of the crossing guard salary at the Cedar Key School. 
 
CITY CLERK’S OFFICE
 Audit Report:
Purvis and Gray’s Terry Kite presented the audit report of city records from August 1, 2014, and ending September 30, 2014.  A follow-up Cedar Key News article will report its content in the near future.
 
Kite referred to the CRA debt in concert with City of Cedar Key funds.  Commissioner Colson reminded him that the CRA and the City of Cedar Key are two separate entities.  The funds encumbered by the CRA have no effect or bearing upon the City of Cedar key.  “So reads the contract with Sun Trust Bank; the City of Cedar Key has no encumbrance from the CRA debt,” she averred.  Kite responded in vague accounting terms that were not reassuring. The audit report was unanimously approved.
 
Commissioners gave Clerk Teresa George approval to pay Purvis and Gray’s $9,ooo invoice.  An earlier invoice for $3,000 has been paid.
 
Minutes:
Minutes from the April 21, 2015, City Commission meeting were unanimously approved.
 
CITY ATTORNEY’S OFFICE
 Levy County’s Six-Cent Gas Tax Distribution:
City attorney Norm Fugate presented the Interlocal Agreement for the shared distribution of the six cent local option motor fuel and diesel fuel tax.  The ten-page agreement explains that the 90.59% of all the dollars collected (6 cents on every gallon of motor fuel and diesel fuel sold in Levy County) are given directly to Levy County administration.   The remaining 9.41% is distributed among the following eight cities in the county according to the corresponding percentages: Bronson .13%; Cedar Key  .36% (down from .93%);  Chiefland 1.95%;  Fanning Springs .18%; Inglis 1.00%;  Otter Creek  .08%; Williston 5.13%; Yankeetown .58%.
 
The rationale for the distribution is based on data provided by each municipality detailing the expenditures made in the following abbreviated “Transportation Expenditures” categories:
  • public transportation and maintenance;
  • roadway and right of way maintenance and equipment and storage;
  • roadway and right-of-way drainage;
  • street lighting installation, maintenance, an repair;
  • traffic signs, traffic engineering, signalization, and pavement markings installation, repair, operation;
  • bridge maintenance and operation;
  • debt service and current expenditures  for transportation capital projects in forgoing program areas;
  • Infrastructure projects.
Fugate was unable to respond to precisely how Cedar Key is scheduled to receive fewer dollars than previously.  Mayor Davis offered to investigate the issue and report back to the commission.
 
Property Annexation:
Fugate presented the First Reading of Ordinance 4497 which annexes Lot 1, Webster Johnson Estates, 16350 SW Whiddon Avenue, owned by David E. Thomas, Jr., to the City of Cedar Key. 
 
Resolution Land Planning Agency (LPA) 2015-01:
Fugate presented Resolution LPA 2015-01 which is intended to amend the laws of Cedar Key to allow small storage structures by administrative variance, and set in place a process to allow the Flood Plain Administrator to receive and decide requests for Administrative Variances. Fugate added “. . . at the time that this is passed, small storage structures will be the only type variance that will be able to be approved by the administrator . . . all other variances would have to come before the board.” The Flood Plain Administrator is Walter Brown.
 
Fugate asked the commission if they would like this to be considered the first reading of the new ordinance. There were no objections by the commission or the city clerk.
 
Under the laws of Cedar Key, Chapter Four: Land Development Code, section 6.07.09 the variance can only be allow under certain conditions. You must be able to show a good and sufficient cause; a determination that failure to grant the variance will result in exceptional hardship and the variance shall not be granted after-the-fact. More conditions may be found in section 6.07.09 Variance Procedures.
 
Mayor and LPA Chair Davis explained that the resolution was “a trial run” to see if FEMA would allow the larger storage sheds.  Former commissioner Tina Ryan expressed concern that any variation in FEMA expectations dictates could jeopardize Cedar Key’s standing and subsequent insurance rates.
 
Davis responded that many sheds are already constructed.  He plans to “red tag” them “standing behind Virgil with the gun” as he knows this will not be an easy task. Davis added that there will be no permits issued until the ordinance is approved by Tallahassee.
 
After more discussion a vote was taken to approve the LPA 2015-01 resolution as a first ordinance reading and send it off to Tallahassee for their approval. Motion was approved 5-0.
 
Grant/Marina Improvement Project:
Commissioners tabled the request to authorize the Public Works Department and the engineer to proceed with an application for a flood code variance.
 
Ethics Training:
Ethics raining is required by state law.  New commissioners will be communicated with by Attorney Fugate who will offer suggested training dates.
 
POLICE DEPARTMENT
Commissioners tabled Police Chief Virgil Sandlin’s request for a new police vehicle.
 
PUBLIC WORKS DEPARTMENT
Commissioners approved a contract with Alachua County for the collection of hazardous waste. In the past, Cedar Key has dealt with Clean Harbors through Levy County; this year Levy County’s contract expired.
 
Hazardous Waste Day and Hurricane Protection Day will occur on June 16 here in Cedar Key.  More information will soon be published in the Cedar Key News. 
 
Library Roof Waiver:
Because the former Public Works Director gave verbal approval of a permit wavier, commissioners formally approved waiving the permit application fee for the Library roof repair.
 
RBEG Grant Appraisal:
Because the RBEG grant, which is intended to make improvements in the Cedar Key Marina, requires an appraisal of property before and after the project completion, commissioners approved a Request for Proposals to begin interviewing and selecting an appraisal firm so that the city will be ready as the grant progresses.
 
Waste Pro Contract:
Vice-Mayor Dale Register reported the current Waste Pro contract extends beyond the current date.  Register and Waste Pro Vice President Keith Banasiak are discussing billing and ways to incentivize recycling, neither of which will alter present costs. 
 
American Tower / Cell Tower:
Register reported that the city’s joint contract with American Tower is still in place, and that he expects American Tower’s Jeff Pilgrim to return in three or four weeks with new information.
 
COMMISSIONERS’ ITEMS
Mayor Davis announced that this section of the agenda will not recur.   Instead, should commissioners wish to speak on an issue, the item will be presented as an agenda item or in the Public Comment section of the meeting’s agenda.  He requested that if commissioners have such items that when they give it to Clerk George that they do so with as much background information as possible, thereby eliminating or lessening irrelevant communication on the dais.
 
Davis also asked that the commissioner’s email to Clerk George a list of the projects that they are currently working on for the city. 
 
The meeting adjourned at approximately 7:32 pm.
 
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CRA MEETING
 
The Community Redevelopment Agency convened at approximately 7:40 pm.
 
City Clerk Teresa George took nominations for chair and vice chair from the members.  Royce Nelson was elected chair; Sue Colson was elected vice chair.
 
The meeting adjourned at 7:42 pm.
 
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