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12-06-1999 - Regular w 'WI ( CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 6, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Attorney Nikki Clayton City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meetinq of November 15. 1999 Councilwoman Lichter made a motion to approve the November 15, 1999 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES There were no presentations at this time. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Richard Martinez, 317 Schooner Ave., at the last meeting, after all the business on the agenda was concluded and after three quarters of the residents had left the meeting, they were asked to decide a significant issue during officer reports. Neither the Councilor the public were given any advance notice or opportunity to study the issues involved. Instead they were asked to vote with only one side of the issue presented. Our City has a problem and that problem is a City officer who is part-time in a job that requires more than that. Our City has a problem when an officer has a conflict of interest in a case against the city by her client. This officer was also a central figure in the sunshine law problems which split the City in half. A casual reading of the lawsuit depositions leaves every reader asking the question, why are we employing this officer? I am told that this same officer did not fulfill her duty to the city during a recent Code Enforcement hearing when a resident was told that no appeal of the Board decision was possible. In fact, her responsibility was to advise that citizen that indeed he could appeal to the Council. Our City presently retains another firm who in the past has applied for the business of representing our City. He thinks our City would be better represented if we employed that other firm as an interim measure. We deserve better. w ...." . City Manager Hooper explained why this matter was brought back to the new Council at the last meeting. He further spoke about Code Enforcement and the case Mr. Martinez was talking about. They have a work session described now and they want to invite Council to meet with the Code Enforcement Board so they can talk of such issues. Councilwoman Lichter asked if it is our rule or a state rule that the case has to go to Circuit Court next and not back to Council. city Manager Hooper explained a state Rule sets up Code Enforcement. City Attorney Clayton explained the new legislation affecting Code Enforcement Boards clarifies what had been previously an Attorney General's opinion saying you couldn't go to the city Council. Now the statute has been clarified saying even though the appeal goes from the Code Enforcement Board to Circuit Court, you can still ask the Council things. It's not a very clear area of the law. The incident that Mr. Martinez is referring to is of interest to his view as to what representation is involved because her duty goes to the Board, not to members of the pUblic unless a question is asked. Mr. Martinez stated a question was asked. Councilwoman Lichter stated the client asked it as he was walking out. She asked if that will kick in in that particular case or is it too late. City Attorney Clayton stated there are other things that will be discussed at the workshop. Councilwoman Lichter stated she would wait until then. City Manager Hooper informed Council that meeting is Thursday at 5:30 p.m. in the Community Center. He encouraged Council to attend. It would be good for Code Enforcement to hear Council's views on what they want that Board to be doing. Doris Hill, 110 Lincoln Road, agreed with just about everything Mr. Martinez said. She feels the Council was not briefed and is entitled to that. If she was going to bring that up under Attorney comments, then the Council should have been fully briefed. There were some facts that she doesn't believe City Attorney Clayton got straight. Several people tried to explain that to Council but they were struck down. They weren't listened to. The real question before Council tonight is not if the Attorney will be replaced because we know that she will be but when. It may take months to complete the search for a new Attorney. This isn't going to happen over night. It may be necessary to hold workshops to discuss in depth whether we need a full time attorney or a firm. Meanwhile we already have the McIntosh firm who has no conflict of interest that could take care of all of the city's needs. This would give the Council the time necessary to make a qualified decision on the matter of having a permanent attorney or a firm. She doesn't think they should try to decide that in a months time. She also doesn't think they should have this attorney sitting here for the reasons that were quoted. The city should not be put on hold waiting to replace a lame duck attorney. On principle, she needs to be replaced. She hopes to see the city move forward on this. Mike Visconti, 316 pine Breeze Drive, stated he would like to know in the next election if the new members come in and a transition takes place is it possible that this meeting could be adjourned to review what is on the agenda for the new people coming in who agreed on the agenda. Is it legal to come in and make the transition and adjourn the meeting until the next meeting and the same agenda would be on the next meeting so they could review what they have on the agenda. City Attorney Clayton stated that is legal but you are actually inferring that this Council wasn't competent to act in the first meeting and she doesn't think that can be inferred. If they choose to act, they may certainly act and they may defer or they may act. Page -2- Council Regular Meeting December 6, 1999 'W' ...., city Manager Hooper stated it was pointed out to council if they were uncomfortable they could table any of those issues. He met individually with everyone to try to get them to the speed and understanding. He didn't think anyone was being forced in a situation to vote on something they didn't have knowledge of. That one issue that was brought back, he apologized, it could have been an agenda item. It was brought back solely for the purpose just to confirm that was the path they were headed on. That is his fault. Mayor Schmidt stated he was comfortable with the first meeting. We all attended meetings the previous couple of months so they had a rough idea of what was going on. Ed Keenan, 1905 pine Tree Drive, stated the Mayor has handled this beautifully by admitting the fact that they are learning by doing. This is how everybody that takes political office for the first time gets along. He feels Mr. Martinez got up here and spoke in innuendo terms. He didn't name things explicitly and go into enough to get an idea what he was even talking about. This is sort of slanderous to the people who are sitting up here. He feels it is unforgivable. Dominic Capria, 606 Topside circle, spoke about officer reports coming at the end of the meeting and at the last meeting they went late into the night. He requested if anything is going to be said by the City Attorney that it be done sooner so people don't walk out like they did at the last meeting. He feels because of the lateness of the night the Councilmembers did not fully understand what was going on when they voted. He pleaded to please listen and have their attorney come down and explain it before they vote. They were not given that courtesy. He would like, if anything is going to happen tonight, for it to happen sooner. CITY COUNCIL REPORTS councilwoman Lichter stated she was tired by 11:00 p.m. We set our own policy in terms of running meetings and how they want them run as long as it isn't against the Charter. She asked council to look at something in terms of a limit in time for meetings, possibly 10:00. councilwoman Lichter feels if a report is given and it is informational, no vote should be involved. If there is going to be an important vote as part of that report, then it should be pulled out in advance and be able to look at it. She would like a consensus from Council and feels a vote should come at the next meeting. She is not pointing a finger at anyone. In the past they have had a lumped manager report and it has generally been enlightening and no vote has had to come out of it. Generally, the same thing for the attorney. If there is a consensus, she would make a motion to that affect at the next meeting. councilman Brown stated they had a lot of stuff thrown at them at the last meeting but there was some very important information given to them and all of them understood most of all of it. He spoke about the FIND project and DBCC. He would like to propose that the City try to interest Embry Riddle into moving a satellite campus into Phase III. He understands Embry Riddle is already using the air park. He doesn't know how much. He thought the Council might want to talk about putting together a program to present to Embry Riddle to see if they would be interested in the Phase III section which is right up against Park right across from the Air Field. He feels it would bring in a tremendous amount of business if they would put a campus down here. Page -3- council Regular Meeting December 6, 1999 ~ ..., Councilwoman Rhodes feels they should let Councilman Vincenzi make that happen. Councilwoman Lichter suggested discussing that in detail when they have their goal setting session. We are going to set short term goals and long term goals in January. She was just trying to see if anyone is interested in the time limit of meetings but if there is no comments on it then she won't bring it up again at the next regular meeting. Councilwoman Rhodes stated she doesn't think anyone was comfortable going until 11:00 p.m. She thinks there are going to be times when they need to do it because some things are just going to need to be done in a timely fashion. For the most part, she has no problem with putting a limit on the meetings. Councilwoman Lichter asked if there is a vote involved in any reports, should they ask for those to be presented early in the meeting. Councilwoman Rhodes agreed but apparently a vote didn't have to come out of that that night. She feels reports are reports and not a requirement for a vote. Mayor Schmidt doesn't feel they need to put a time limit. He feels most of the meetings are going to take care of themselves. Councilwoman Lichter asked if Mayor Schmidt agreed that at least the questions that are going to be asked should somehow be known. She thought the audience departure wasn't quite fair to the public. She feels whenever there is a vote late they should at least identify questions that are going to come up. Mayor Schmidt stated he doesn't know if is possible to move staff reports up. If it is something more important they could make a way to do that. But if the people do come to the meeting, it is a little of their responsibility too to make the time. Councilwoman Rhodes stated if reports don't include votes then they don't have to worry about it. They might have felt the report wasn't going to be a vote so they didn't need to stay. They were right in that because as a rule a report does not include a vote. It's not an issue, an issue is on the agenda. city Manager Hooper assured Council they would not have that occur. Reports are just that. He may at times bring up something on here that Council will decide they want to vote on. He will be getting a contract from FEMA and may not have it in time to have it on the agenda and it will be $300,000 we get if we sign it and get it back. He will bring it up looking for authorization to sign it. That is the most extreme you will find. They won't be put in a situation where there is a discussion or vote that the audience would have any input about under reports. That will not happen. That one was brought back. Again, it didn't need to be voted on. He apologized to Council for that. Councilman Vincenzi feels the last meeting was unique and he thinks they all learned from it and they won't make the same mistake again. Councilman Brown had nothing at this time. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Mayor Schmidt had nothing at this time. Page -4- Council Regular Meeting December 6, 1999 '-' .""", PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 99-0-24, recommendinq approval to chanqe the zoning classification from R-3, Sinqle Familv Residential to B-3, Highwav Commercial for property located east of the southeast corner of US 1 and Lamont street City Manager Hooper explained to Council why this item needs to be continued for 30 days. Councilwoman Rhodes made a motion to continue this, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. Mavor Schmidt's Appointments to committees and Aqencies 1) Veterans Park Advisorv Committee Mayor Schmidt appointed councilman Brown. Councilman Brown accepted. 2) Volusia Council of Governments Mayor Schmidt accepted the position of representing VCOG with Vice Mayor Vincenzi as the alternate. Vice Mayor Vincenzi accepted. 3) Volusia County Metropolitan Planninq Orqanization Mayor Schmidt accepted the position of representing the MPO with Vice Mayor vincenzi as the alternate. Vice Mayor vincenzi again accepted. 4) Volusia County Water Alliance Mayor Schmidt appointed councilwoman Lichter as the representative for the Water Alliance with Councilwoman Rhodes as the alternate. 5) Volusia Growth Manaqement Commission Mayor Schmidt stated with her approval he would like Karen Hall to continue representing the City on the Growth Management Commission. 6) Volusia County MPO citizen Advisorv Committee Mayor Schmidt asked Don Gillespie if he would be interested in serving on the MPO citizen Advisory Committee. Mr. Gillespie accepted. 7) Volusia 2020 steerinq Committee Mayor Schmidt talked to Chief Barlow and Joe Daly came highly recommended. Joe Daly accepted. B. General Employees Pension Board Appointment - Mavor Schmidt's appointment of Councilperson to serve as their representative, replacinq Councilman Gornto Mayor Schmidt appointed Councilwoman Lichter to the General Employees Pension Board. Councilwoman Lichter accepted. C. Police Pension Board Appointment - Board recommendinq city Council affirm Board's appointment of Rena Green to serve the remaininq term of Jeanne DelNiqro who recent Iv resiqned City Manager Hooper explained how this board works. Page -5- Council Regular Meeting December 6, 1999 W' ...."" Mayor Schmidt appointed Rena Green to the Police Pension Board. Councilman Vincenzi made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Interlocal Aqreement - recommendinq approval of Aqreement between the County of Volusia and the city of Edqewater to provide for a centralized uniform system for the licensinq of registered contractors City Manager Hooper made a staff presentation. Staff supports this and recommends Council adopt it. Dick Martinez stated he isn't sure he understands what the agreement does for the City. Dennis Fischer, Building Official, explained they are trying to get all the communities in Volusia County to adhere to one standard for contractor licensing and have one local agency administering the local license and keeping track of insurance and workman's compensation. Volusia County will administer the license and will also provide staffing for complaints and enforcement. Councilwoman Lichter stated the study group came up with this proposal. In July she presented this to the last city Council for consensus and they agreed it is a good idea. This is only in terms of checking licenses. This has been supported by all the cities who has representation on the study group. Since July the County Council has also agreed this is a good idea. Instead of it going through VCOG, the County is actually going to handle it. Mike visconti asked when a contractor builds your house and you pay the contractor for all the work and all the subcontractors, if the contractors do not pay the subcontractors or the companies with raw material, still the homeowner is liable for that. Why is the homeowner liable when he paid the contractor for the service and yet we have to pay again because the contractor did not pay the subcontractor for the materials that were ordered. City Attorney Clayton explained the mechanics lien law governs those matters and the standard form of protection is to hire a lawyer or get a good contract. The contract often times is one administered by the bank who governs the draws, requires the contractor seeking draws against the loan to bring in subcontractor and material men satisfactions prior to receiving payment. That is the only way we have been able to figure out how to protect yourself unless you are doing your own supervision. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. B. Status Report - concerninq advertisement for leqal services City Manager Hooper made a staff presentation. This will be discussed further at the December 20th meeting. The ad was put in the News Journal. We were going to put it in the Orlando Sentinel but they wanted a tremendous amount of money for advertising. Councilman Vincenzi asked City Manager Hooper if he knew how long after the 20th this process should take. City Manager Hooper stated he is looking at a 30-day time period. Councilwoman Lichter feels if there is a lot, they should give some thought to Personnel getting involved with the process. City Manager Hooper stated he wants to see how many they have on the 20th and that night they will have a recommendation for Council. Page -6- Council Regular Meeting December 6, 1999 'W' ..""" OFFICER REPORTS City Clerk Wadsworth had nothing at this time. city Attorney Clayton informed Council of the status of the City's motion to intervene. She outlined what took place. The judge will probably rule within 45 days. There was a discussion regarding the impact to the City. Councilman Vincenzi spoke about an article in the News Journal written by Bill Hill. The bottom line is we don't know how much this is going to affect the City. He was disturbed by the sentence regarding the loss of $253,483 in City revenues would need to be made up by taxable properties. He assumed this is a quote from City Attorney Clayton. City Attorney Clayton stated the burden of that lost revenue will necessarily be made up from some other source unless Council decides to reduce the budget. Councilman Vincenzi asked why this has to be made up by the owner's of taxable properties. He doesn't agree with this and doesn't think it has to be made up by other taxpayers in the City. He thinks with other revenue that is coming in from other sources that will be the case at all. City Attorney Clayton disagreed with his concept of the fiscal policy. There are tax revenues that are being paid by taxpayers and if you remove some of those taxpayers to maintain that level of revenue you are going to have to reallocate the burden. Councilman Vincenzi stated he understands that but he doesn't think it is an accurate statement and he doesn't see how anyone can make that assumption right now. City Attorney Clayton stated an attorney should never argue with a client in public so she would be more than happy to discuss. Councilman Vincenzi stated it doesn't need discussing that is just how he feels. Dominic capria stated he gave the City reports on the cost that it would cost the city. He was $7,000 off. He thanked Councilman Vincenzi because when they win the budget could be revised and won't cost anybody an extra penny. City Manager Hooper informed Council he has January 10th set for the short and long range goals and objectives. He would like to start at 6:00 p.m. They will put an agenda together that will outline some of the things he knows of that they will be looking at. Mayor Schmidt spoke about a discussion he had with Steve Dennis from the Chamber about the City, New Smyrna, Oak Hill and the Chamber getting together. City Manager Hooper informed Council of the Code Enforcement Board meeting work session that will occur on December 9th at 5:30. City Manager Hooper stated their next meeting is December 20th and they have a lawsuit that requires an executive session. He informed Council of the executive session process. He would like to schedule that for 6:00 p.m on December 20th. City Manager Hooper informed Council they started cleaning the land today for the recreation complex. Councilwoman Lichter asked about the boat in the river. City Manager Hooper explained we are still first on the agenda. As soon as they get their contract they are supposed to let us know. Page -7- Council Regular Meeting December 6, 1999 'W' w Mayor Schmidt asked if they have heard anything about getting the boat dock fixed. City Manager Hooper stated we have been allocated the money to fix it and money to help keep it from happening again by making one of the docks a floating dock. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Ed Keenan, 1905 pine Tree Drive, stated there are a number things going on with the MPO board and he will gladly pass everything he knows about it to Mr. Gillespie. That board mean a lot of money for this City if SR 442 gets extended. also spoke about annexation. of on could He Dick Jones, 1530 Sabal Palm Drive, spoke about the Volusia County Sewer Plant in the orange groves south and west of Oak Hill. He spoke about an article he read in the newspaper that said we were going to send our sewer down there to be processed by them so they could have the capacity they need to justify their bucks. He asked City Manager Hooper to explain this. City Manager Hooper commented on the interlocal agreement the City has with the County. We will be supply water the County will be supply the sewer. We are not buying sewer capacity. We are trading water and sewer capacity. Mr. Jones stated Mayor Bracy made a comment that the plant is not going to be full up-to-date current state of the art capacity capability and that there will be sludge and things they will have to get rid of. City Manager Hooper explained treatment plants come in different varieties. Councilwoman Lichter stated she thinks Mayor Bracy is not as concerned with the deal with the county and Edgewater as he is with the location of the plant, which happens to be across the street from his house. This has to do with factors that really don't quite involve us. City Manager Hooper spoke about the issue of septic tanks in Oak Hill. The County has assured him and Oak Hill they aren't making anyone mandatory hook up. City Manager Hooper met with the County today and they went over that very subject. He is going to request that we authorize the County to construct the lines that connect our system and the County's system while they are under construction. He met with them today to get those prices and that should be before Council at the next meeting. Mayor Schmidt asked if they have a time table when that plant is going to start. City Manager Hooper informed him it is supposed to start in the next 30 days. It will take approximately 14 months to construct. Reverend Gallo, Edgewater united Methodist Church, asked about the item under 6A that was continued for 30 days. When the renotification comes out for the second reading, will a copy of the site plan be attached to the notification. city Manager Hooper stated they could notify him, if he leaves his name with Ms. Plaskett, that we have the site plan and he could come in and review it. They can't advertise a site plan but they can let him know they have it. Reverend Gallo asked if the site plan will include the intended use for the property. City Manager Hooper informed him yes. ADJOURNMENT There being no further business to discuss, Councilwoman Lichter moved to adjourn. The meeting adjourned at 8:12 p.m. Minutes submitted by Lisa Bloomer Page -8- council Regular Meeting December 6, 1999