COUNCIL MEETING CITY OF MAYFLOWER

MUNICIPAL BUILDING COURT ROOM

AUGUST 23, 2005

 In the absence of Mayor Frank Pearce, Recorder Barbara Mathes called the meeting to order at 7:00 p.m.  Answering roll call were Will Elder, Sherilee Holland, Patrick Fagan, James Oliver, Dan Johnson, and Harry Snowden.

ORDINANCE 2005-08 (Nuisance Abatement):

 An ordinance, adding Chapter ll.21 (Nuisance Abatement) to Title 11 (Buildings and Construction) to the Mayflower Municipal Code, was presented for the second reading.  Sherilee Holland made the motion to suspend the rules, waive the second reading of Ordinance 2005-08, and read the Ordinance by title only as the second reading.  Patrick Fagan seconded the motion.  Recorder Mathes restated the motion and voting was as follows:  Will Elder, aye; Sherilee Holland, aye; Patrick Fagan, aye; James Oliver, aye; Dan Johnson, aye; Harry Snowden, aye.  Motion carried unanimously.

Ordinance 2005-08 was read by title only.  The third and final reading for Ordinance 2005-08 is scheduled for September 27, 2005.  Sherilee Holland requested that the ordinance be read in its entirety at that meeting.   

 ORDINANCE 2005-09 (Residential Buildings as Conditional Uses in Commercial Zones):

Ordinance 2005-09, an ordinance amending section 14.04.05 (Description of Commercial Districts) of Chapter 14.04 (Zoning Ordinance) of the Mayflower Municipal Code, was presented.  Sherilee Holland made the motion to suspend the rules, waive the second and third reading of Ordinance 2005-09, and vote on Ordinance 2005-09 after its initial reading.  Patrick Fagan seconded the motion.  Recorder Mathes restated the motion and voting was as follows:  Will Elder, aye; Sherilee Holland, aye; Patrick Fagan, aye; James Oliver, aye; Dan Johnson, aye; Harry Snowden, aye.  Motion carried unanimously.

Ordinance 2005-09 was read in its entirety.  This ordinance would allow the Planning Commission to recommend to the Council, based on submitted documents and conditions that a residence is allowed as a Conditional Use in Commercial Districts.

 After discussion Patrick Fagan made the motion to adopt Ordinance 2005-09 but amending it to stipulate “that the structure be an existing residential housing in a commercial district for residential use.”  Sherilee Holland seconded the motion.  Recorder Mathes restated the motion and voting was as follows:  Will Elder, aye; Sherilee Holland, aye; Patrick Fagan, aye; James Oliver, aye; Dan Johnson, aye; Harry Snowden, aye.  Motion carried unanimously.

Sherilee Holland made the motion to adopt the emergency clause of Ordinance 2005-09.  Patrick Fagan seconded the motion.  Recorder Mathes restated the motion and voting was as follows:  Will Elder, aye; Sherilee Holland, aye; Patrick Fagan, aye; James Oliver, aye; Dan Johnson, aye; Harry Snowden, aye.  Motion carried unanimously.

REPORTS:

 The City of Mayflower applied for a $30,000.00 Rural Fire Protection Program grant but was notified that they will be receiving $1,521.00.  The presentation is scheduled for September 7, 2005. 

Departmental reports from Police, Fire, Water & Wastewater, Street, Building Inspector's Office, Code Enforcement, and Animal Control are attached herewith and made a part of these minutes.

CORRESPONDENCE:

 Connie Robertson expressed by letter her appreciation to Water and Wastewater Supervisor Raymond Arnold for helping her to determine the location of a leak on her property.

 Richard “Dick” Roberts expressed his dissatisfaction by letter that his daughter Vicky Smith had been informed by telephone on a Monday that she would be required to pay a $50.00 for an after hours service call.  This charge was assessed because Ms. Smith had called on a Sunday afternoon, stated that she had a leak, could not shut her water off and requested that someone come and turn her water service off. 

 After reviewing the current policy statement, which states the $50.00 fee for after hour’s calls pertains primarily to delinquent accounts and since Ms. Smith’s account was not delinquent, Will Elder made the motion to adjust Ms. Smith’s service charge fee to $15.00.  Harry Snowden seconded the motion and voting was as follows:  Will Elder, aye; Sherilee Holland, aye; Patrick Fagan, aye; James Oliver, aye; Dan Johnson, aye; Harry Snowden, aye.  Motion carried unanimously.

 Harry Snowden stated that water customers should be advised, before water service employees are dispatched, that if the leak is on their side of the meter the fee for after hours service calls.  Police Chief Steve Young stated that the dispatchers could provide that information but would need the service call fees posted in the dispatch room.  It was decided that the current policy statement (Policy Statement Number 2) should be revised

 James Oliver stated that Mr. Roberts should apologize to the Council for some of the terminology used towards them in his letter.

 PUBLIC COMMENTS:

 Mr. Robert High stated that three (3) plumbers have told him that he does not have a leak; yet his water bill continues to increase.  Mr. High was reminded that Water and Wastewater Supervisor Raymond Arnold had met with him and pointed out that the hand on the meter turning did in fact indicate a leak.  Mr. High insinuated that the meter was malfunctioning.  The Council agreed to place a new meter at Mr. High’s residence and if the new meter indicated a leak, the new meter would then be removed and the original meter would be placed in the meter box.

Mr. High also complained of water standing on his street due to street employees bush hogging and leaving piles of asphalt from street repairs in a ditch.

 Mr. and Mrs. R. H. Grooms of #7 South Dogwood stated that their neighbor has seven (7) or eight (8) boats including a sailboat, a horse trailer, and several vehicles on his property.  Chief Steve Young stated that the Code Enforcement Officer had visited the residence mentioned a week ago and found no violation other than a jeep not being licensed and some tall grass around a boat. 

 Mr. & Mrs. Grooms stated that his neighbor’s acts were harassment and Chief Young informed him that would not be a code enforcement matter but would require a warrant through the police department.

 Bookkeeper Janice Johnson asked that she not be required to wait thirty (30) days for an answer to her request, which was mailed to each council member. 

 ANNOUNCEMENTS:

The next regular council meeting is scheduled for September 27, 2005 at 7:00 p.m.

 Sherilee Holland made the motion with a second by Patrick Fagan to adjourn.  All members voted aye on voice vote.

 RECORDED BY:                                                     APPROVED BY: 

____________________________              _____________________________

Barbara Mathes, Recorder                                          Franklin S. Pearce, Mayor