[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.