[0:00] You've sat there smiling all night. I can appreciate it.

[0:06] Don't shoot me. I have counseling. I'm not going to shoot you.

[0:10] Um am I clear on the counseling

[0:14] so I put in a request for um this to be added to the general list which was

[0:18] resignation of the town council as the planning and zoning board and I wanted

[0:23] to give my input on why I didn't put it as an

[0:27] action item because [clears throat] I wanted you all to know like why I was

[0:32] moving in that direction before you know proceeding. Um so I figured that we were

[0:37] bombarded with all these other types of things and

[0:40] personally I have not had the time to go back in planning and zoning resolutions

[0:46] and documents and all of these things to bring myself up to speed and there's

[0:51] some certain things that require urgency that we need to address like for example

[0:56] I'm not going to give examples of any situations. But

[1:00] » I'd like to know what's urgent. I'd like to know the example. I mean like there

[1:03] there's been urgent issues that require planning and zoning knowledge that I

[1:09] had to go back and dig up and try to see and that a planning and zoning board

[1:13] could be readily available to take this load off us and research and say hey

[1:18] this is what we found or this is the legacy or you know the history of this

[1:23] um um situation like such as the the Dicks

[1:29] um thing that I thought was resolved and

[1:31] gone. Um so I think having a planning and

[1:35] zoning board as they did years ago and it worked could relieve us of a lot of

[1:41] that um

[1:44] that burden of the planning and zoning um thing

[1:48] well the planning and zoning portion that we all deal with but

[1:53] since then I also want to know if the planning and zoning board if we dissolve

[2:00] the town or resign as the planning and zoning board, what authorities would we

[2:05] be giving up based off of the um

[2:09] the ordinance or the charter because I don't want to give them

[2:12] total say so or bound say so of any of planning and zoning decisions. I

[2:18] basically want them to be a resource for us. Does that make sense? And so I

[2:24] don't understand I don't know what the current the current authorities that we

[2:28] have like if we resign we'd be giving all authority to the planning and zoning

[2:33] board. >> No.

[2:35] Historically the planning and zoning um

[2:39] investigated, made recommendations, but the then they presented it to the

[2:43] council. But having said that

[2:48] um and I don't know where you're going with any of this, but um we were going

[2:51] to be given some names of and we have I haven't received it. I

[2:56] think. So that was another reason why I was like push back cuz here we go if we

[3:01] resign, we don't even have nobody that's come up to, but I also don't think that

[3:07] we appropriately like advertised for it either like planning and zoning board

[3:12] like application or even came up with the application for it.

[3:15] » That might be something that um Mr. Helfenberger can put on their

[3:18] website of you know parties interested in being on the planning and zoning

[3:23] board for Fort Wright. Mhm. You know. But it has to have some

[3:29] outlines of you know y'all aren't going to decide McDonald's is going here and

[3:34] Kmart is going there. Mhm. Um and I think also and this is just I think the

[3:39] planner has a lot to do with it, you know.

[3:42] Right. And I think there's some ordinances that

[3:46] apply to the current to us as the planning and

[3:51] zoning board now. Yeah, that's what I wanted to know. If

[3:55] we resign, if those ordinance that give us

[3:59] the authority and final say-so rolls over to the citizen planning

[4:05] board. I want to make sure of that, which I I don't know legally is

[4:10] that if that's what happens. One of the things that you look for on

[4:14] the planning and zoning board, I was on a regional planning commission as a

[4:18] member for 9 years. What is uh

[4:23] special expertise is on there. You know, if you have like somebody that's really

[4:28] has a has a good builder's knowledge of construction or maybe in the zoning

[4:32] enforcement or or something related or something to do with development of the

[4:38] community. So, maybe utilities, all that kind of

[4:42] stuff helps. You know,

[4:44] uh it doesn't necessarily have to all be

[4:46] there, but you have some of that expertise on there that group would

[4:50] really help. I check. Um

[4:54] » [clears throat] >> so, I pulled an old ordinance out of

[4:57] out of the agenda packet that I don't have a signed copy.

[5:01] Kelly, can you look at ordinance 2021-210?

[5:06] Nope. But, um

[5:09] if this was passed, then

[5:12] um the council was designated um as the planning um

[5:20] I guess agency by ordinance. So, if it passed,

[5:24] then I would think and I know that the council did that. So, obviously it

[5:29] passed at some point, but um I would think that it would have to be changed

[5:33] by ordinance. We'd have to draft an ordinance and then

[5:37] we have to do the two meetings, the two readings and approvals and all that good

[5:41] stuff. And I think

[5:43] Mr. Mayor, I was just talking while we're we're talking.

[5:46] » Yes, we're going to need to look at all of that and get that

[5:50] underway appropriately. As you grow, you're going to start

[5:55] having some you're going to have your land planner

[5:59] involved. You're going to want to have a separate land planning agency and then

[6:05] planning and zoning board that's going to deal with

[6:09] quasi-judicial issues. And that's your first level and then you have and then

[6:14] that then goes for ratification to the

[6:18] almost always in the quasi-judicial board to you all.

[6:22] And then you know, it's all done on a

[6:25] quasi-judicial basis and then it goes to the county council. There are some

[6:29] things typically planning and zoning boards

[6:32] will have final say so. And and

[6:36] some put it there.

[6:40] Nothing. They built here when they did that.

[6:42] Yeah. So, that's what I want to clarify. What like

[6:47] do we have control of how much authority we give them?

[6:51] And final say so. You you're probably going to want to give them authority

[6:57] over all zoning matters that come because it's a first step

[7:03] to then you guys ratifying whatever was done below. And so, I'll give you an

[7:10] example. We just had a very, very contentious

[7:15] hearing quasi-judicial hearing in at planning and zoning board for the city

[7:19] of Ellensburg. And it was an issue that kind of tore the whole city apart,

[7:23] unfortunately. People resigned. It was just it was a

[7:27] very difficult situation. >> Sensitive issue? Yes.

[7:30] » Yeah. And the planning and zoning board

[7:34] city hired their own um

[7:38] geotechnical staff to look at this and report as to how it was going to affect

[7:43] the environment because it was a really sensitive geological area that was going

[7:48] to be in into [snorts] the city. We had a hydrogeologist that testified. And

[7:53] then there was other people that testified as well at Planning Zoning

[7:56] Board the Planning Zoning Board denied the application and said, "Look,

[8:01] we don't have enough information. [clears throat]

[8:03] And you need to come back to us, developer, with additional

[8:07] test boring, ground penetrating radar, and a lot of

[8:11] information, which is all very expensive stuff to get pulled together.

[8:18] But what all that did was it it set the record so that the city doesn't get sued

[8:23] or if we do get sued, we're in a very strong position that that we had the

[8:27] information, the technical expertise in the record to verify that. Now, the

[8:32] developer could take that to the city commission. So far, he has not done that

[8:38] because he because the city's in a good position.

[8:41] So, you want to have that dual step process

[8:46] that protects you as you as you grow.

[8:50] So, Mr. Wax, so it could be something essentially they make the first

[8:54] uh for lack of a better term, maybe kind of

[8:56] like recommendation, where they'll make the decision and we say, "Hey, we're the

[9:00] final yay or nay." That's right. And then we could give them basic

[9:03] authorities for like basic special use permits or those they can have final

[9:07] say. Could they could could or depending on what we say.

[9:09] » That's right. Okay, depending on what we say. Okay. Cuz that's I thought we were

[9:13] going to have the attorney draft the ordinance and then put in it what we

[9:17] want. You know what I'm saying? Like say that. Yeah, that's And then we would get

[9:20] the people who, you know, were involved, whatever. Yeah. And have a timeline,

[9:24] hey, you know, 90 days from now on this day we'll or whatever or whatever.

[9:27] Well, I [clears throat] think at the

[9:33] before we or I make a motion to for us to resign, that we need to give Joe the

[9:42] direction to maybe come up with the application to see what caliber of

[9:46] participation or persons that we have that may be, you know, applicable for

[9:51] the job because we would be the ones that are, you know,

[9:58] voting them on the board or what, you know,

[10:00] whatever. So, before we resign that we give him direction to come up with the

[10:04] application and put it out there. Yes. Before I make that motion I mean before

[10:09] I put that on the next agenda for the next meeting. But, um

[10:13] maybe I misunderstood. You're suggesting that they approve

[10:18] special events? They could.

[10:22] He said they could. Insurance and It's whatever the council

[10:26] decides. Okay. Yeah. Whatever the So, they don't do it without going before

[10:30] the council. If if we choose this to So, if we choose.

[10:35] You can have business dealings that the planning zoning board

[10:39] has final authority over. And [clears throat]

[10:44] So, we we can delineate that in your ordinance as to what those things would

[10:48] be. And you can say no whatever not to come back to in front of us or yes

[10:52] that's I would say no just because of insurance and liability and whatnot.

[10:57] I'll check. Yes. Um >> [clears throat]

[10:59] » so, do you work with any municipalities or

[11:03] have you ever worked with any municipalities

[11:05] that in Louisville planning zoning board they work with like a magistrate?

[11:11] Um I think our planner mentioned that you could No, I I don't. I always have a

[11:16] planning zoning board. Okay. Only magistrate.

[11:20] And then this might be way off base. I'm thinking of special events. Why Why

[11:25] can't And we we probably can't answer this

[11:29] question, but couldn't a chamber of commerce or a group

[11:33] work to do special events? I think he said Well, he said a special use.

[11:38] He said like first first permits, right? Yeah. Yeah. Okay.

[11:42] So, which would be different. But, so is everybody agreeing that we give Joe

[11:47] direction to do the application to see what type of

[11:51] participation that we get from the citizens first and foremost before we

[11:55] resolve the board and before we resign. Yes, yes, definitely. Okay. Should we

[12:01] Should we have him confer with Mr. Walker and kind

[12:04] of develop a criteria? Sure. Definitely.

[12:08] Absolutely. Thank you. And you might already have this in

[12:12] other, you know, just pull it from Archer or wherever.

[12:16] My the next comment that I have is the Cox

[12:20] and Windstream thing because I didn't even know that Cox was offering service

[12:24] in our area. So, um I think where the confusion came

[12:28] in was that I injured myself over

[12:32] um the fiber optic wire that is still

[12:36] exposed in the neighborhood. Um and

[12:42] um Windstream

[12:45] has not We had like we have no point of contact for them like uh I think that

[12:51] anybody that provides a level of service in our community and they're our main

[12:55] service provider, we should have be able to call them without going through 800

[13:00] number getting prompts and all of this. Now, I complained about this fiber optic

[13:04] cable back last year. Remember? So, they did come and they covered it by my

[13:10] mailbox cuz I tripped last year. So, I wasn't

[13:13] you know, um expecting it, you know, to still be

[13:16] cuz my area was covered. Well, it's back up again. So, um

[13:20] and so I found out through Kelly that we don't even have a point of contact for

[13:25] them and they won't give us a point of contact. We just have to go through the

[13:28] 800 number that we have

[13:31] um for them. So,

[13:34] and then Windstream was saying it was Cox, and Cox was saying it's not them.

[13:38] Well, long story short, it's Windstream that ran the fiber optic cable through a

[13:42] third-party company. But, and we've had no idea or

[13:46] permits pulled or anything that they were doing this.

[13:50] So, I think we have a little leverage over

[13:53] them cuz they're going to be requesting for for easements, and I'm going to

[13:58] bring them to the next council meeting if we're ready, but they better give us

[14:01] some contact information. Yeah. So, um that was the thing that we didn't have

[14:06] any permits pulled for them to be doing this fiber optic cable. We didn't know

[14:10] that they were doing the fiber optic cable. It's still exposed in the area.

[14:15] Um as I told Kelly and them, a child has

[14:19] been bicycle tire got caught up in it and went you know.

[14:23] » Oh. Yeah. So, it's been that way since last

[14:25] year. They went ran this fiber Washed up or No, they never covered it. So, they

[14:32] ran it and they just left it. It's just there. That's bad. So, and we can't

[14:38] get in contact with them, and they blame it on Cox, and but it's clearly their

[14:42] boxes and the fiber optic stuff. So, I don't know if

[14:46] Cox is a service is providing service to us, but it might not be a bad idea to

[14:50] explore it. >> Well, for now though, could you email me

[14:54] all the problems you've had with Windstream if you have specific things?

[14:58] Yeah, sure. Yeah, sure. Okay.

[15:02] And I think they're changing over, aren't they? I think they're changing

[15:05] over to Cox, but they're I think they're I think it's Kinetic. I

[15:10] don't think they're changing over to Cox, but um yeah.

[15:13] But, Windstream's changing over. They're going to Cox.

[15:17] I think. I don't know. Windstream's going to fiber, Cox. It's all federal

[15:22] money. Cox and Windstream when you see them,

[15:25] they're running two sets of fiber down these rural roads. Thanks to the

[15:29] taxpayers. Yeah. So, you'll have a choice with Cox or Windstream.

[15:34] » [clears throat] >> See. Most of them. That's what it looks

[15:36] like. At least they'll wind it again. Now, now what raised my hand.

[15:41] One one last thing and I I know you probably heard this, but uh Greg Bailey,

[15:44] our uh

[15:46] engineer, said waiting on an ordinance for sewage.

[15:51] I'm sure you caught that. Um intertwined in that is the town of has

[15:57] a semi-mandatory

[16:00] water ordinance. And so

[16:04] in the last meetings we talked uh I think Mike Lewis uh discussing this

[16:11] that they kind of go hand in hand because sewage is based on your water

[16:15] usage. And so right now there's an availability fee for people who don't

[16:21] want to hook up to town water. But that may need to be visited when we

[16:26] do our sewage ordinance. And we may have to

[16:31] mandate water hookup for all residents that hook

[16:36] to sewage. So That was did. Yeah, I I understand. Yeah. Mandatory hookup for

[16:41] both. But I'm telling the attorney cuz he's going to have to draft the

[16:44] ordinance for the sewage and the water. And the sewage is coming in phases, so I

[16:51] don't know that the water would necessarily be meet to be mandated

[16:56] all at once or when they implement the sewage in their

[17:00] home or business, you know what I mean? Typically, you have a

[17:05] you you've gotten bond funding on on your or

[17:08] you've had borrowing to establish your waste water

[17:13] um your your

[17:15] all of your infrastructure. There's typically a ordinance that says if the

[17:21] line is within 200 ft of your property, you're mandated to hook up.

[17:27] And so there's typically that ordinance that is required. And same with water,

[17:32] the water system. Well, the water has been

[17:36] in [clears throat] I mean, we've had a central water system

[17:39] for years, but not all households are hooked up to it.

[17:42] So they pay an availability fee. And I

[17:47] fee down line. Mike knows about that. Mr.

[17:51] Grady. Grady Thomas is one of those individuals. She uses her

[17:56] well. So it's $40 a month.

[18:00] For not using the city water, I pay $40. Well, part of that like a few dollars is

[18:06] some kind of fee, but it's 39 something. Right, right. Thanks.

[18:11] Um so anyhow, we're going to have to figure all that out. How that works with

[18:16] the sewage ordinance. Um

[18:19] but we got you now. Okay.

[18:23] Thanks. >> [clears throat]

[18:25] » And while you're talking about that, they did say that we could still if we

[18:28] hooked up to city water, we could still use our well for irrigation, you know,

[18:34] to Yes, correct. I've had another resident ask me about

[18:39] that, and he was asking me how that would work if we would put like

[18:44] irrigation meters on the wells or something. I I don't know how that all

[18:47] works from the service to water from those

[18:49] things that I have to ask about how that's

[18:52] I don't have anything to >> I did ask Mike Newell about that. Um

[18:56] What did he say? I don't know. He said when he made his

[18:59] speech he said that we could still keep our wells to

[19:03] water our lawns and things, wash our cars.

[19:08] He should know. >> [laughter]

[19:12] » You're in that situation, too, right? So we're not getting any water.

[19:16] But I I stopped getting a lot of water. The dispenser is great.

[19:23] Anybody else with anything? Yep.

[19:28] I'm just waiting for my turn. >> man on the end.

[19:31] Uh I got the the guys The guys when they

[19:34] need some stuff. It's getting grass season. Yes. They need a new

[19:39] blower and and we need a weed I mean, it's in the budget by far, but

[19:45] the three pieces together is I didn't They didn't tell me they didn't get get

[19:50] to get them to give me a total price city price, but it's going to be a

[19:54] thousand twelve hundred dollars for the three pieces.

[19:58] The lawnmower that we kept in service, the old one with the all four tires on

[20:02] it. I don't know what What is the status of

[20:04] the new The new mowers they got them. Okay.

[20:07] » They're in use. I've seen them sitting They got orange.

[20:11] Yeah. We need tires for that lawnmower and two

[20:15] tires for the Gators. The

[20:18] utility carts. Just letting y'all know that

[20:21] it's well within budget, but they're going to be seeing this

[20:25] Okay. stuff. And we didn't do any of that stuff when

[20:29] we did lawnmowers. We talked about needing other stuff.

[20:32] » We talked about other stuff, but we never got around to putting it on little

[20:36] bit at a time and we did this.

[20:38] I told give me a list. And you might have just answered that question, but I

[20:42] thought you were going to get that high >> We got an edger. Okay. We bought an

[20:46] edger not not I mean a a whip trimmer No, we didn't buy a trimmer.

[20:52] An edger. That's like the bushes and stuff with.

[20:55] Now we need one to do like the sidewalk edging and grass. But do you also need a

[20:59] trimmer for those tall trees like over We got that. The pole saw we got that.

[21:04] That's what I was asking. Yeah, we got that last time we were here.

[21:08] But I just know stuff here. Tires and good three pieces.

[21:15] Now I'm just going to keep you up. Yeah. Kathy, could you just send me email? I

[21:20] will when I get total price. I'll get you. Okay. I'll get you total price

[21:25] before I tell them to Yeah. Sure. Definitely. Definitely. Do you have a

[21:29] phone? Bring it up now. So Hey.

[21:34] That's it. Yeah. Anybody make a motion to adjourn?

[21:37] I make a motion to adjourn. I second it.

[21:40] I second. All those in favor say I. I.

[21:45] Opposed? That's it. Meeting adjourned.

Part 2 = Town of Fort White Town Council Meeting April 20th, 2026 continued

Transcript