Loading...
08-16-1999 - Regular '-" ~. CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 16, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts 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 There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES A. Presentation bv Economic Development Board Chairman Thomas Alcorn addressinq annexation, an Emerqencv Identification System, and tax increment financinq Tom Alcorn, Chairman, Economic Development Board, explained some items the Board has come up with that they feel should be looked at by city Council. He spoke about annexation and informed Council of a survey sent out by the Board. Councilwoman Lichter asked what areas of Edgewater the survey was sent to. Mr. Alcorn stated they looked along u.S. #1 south. They did not go to the west but feel they probably should have due to all of the industrial property going out Park Avenue. Mr. Alcorn then spoke about an emergency identification system. He spoke about problems that occurred when the tornado went through New Smyrna Beach and people trying to get into the area. There were 3500 vendors in the area offering their services. He further spoke about people that own homes down here but actually reside up north not being allowed into a neighborhood due to their drivers license having an up north address on it and not being allowed to let them back in unless it is verified they actually own property. He further spoke about the businesses that were impacted. He then spoke about people saying they were a roofer or a builder and there being no way of knowing if these people were licensed. There was no way to check on them. He briefly explained the identification system that has been set up. He asked to have Steve Dennis come out and present to Council what is going on. Councilwoman Lichter spoke about the Study Commission with representatives from every city in Volusia County working on the commonality of permitting contractors. Having one place to register State and County contractors. ~ ....., Mr. Alcorn then spoke about tax increment financing. He spoke about FIND and there being basic land value in there. Because it is going by a governmental agency there are no taxes coming in on that parcel of land. We want to get that back and have the tax revenue coming in. The Board feels this would be a benefit to the community. He feels the City Attorney Clayton and City Manager Hooper should look at this. City Manager Hooper asked if the Council would like him to place these items on the agenda. They will describe cost implications to do such. FIND concurs with the tax increment financing. He thinks they would find tremendous support from the City and County. Councilman Roberts feels they should also look into it on u.s. #1 by defining a couple different districts in the business area. He feels they may need to put someone on staff to handle this. Mr. Alcorn does not feel we would need a full-time position but it would take staff time to implement this. Councilman Roberts asked how long it would take to create district lines and find out what kind of tax revenue is available in each district. City Manager Hooper elaborated on the process. He feels this would be a Planning function. Councilwoman Lichter feels we need to concentrate on small businesses. Councilman Roberts feels matching funds tends to encourage the local business people to put money into their own business. He believes that is the best way to approach it. It was the consensus of Council to place this on the agenda for September 13th. Councilman Gornto asked Mr. Alcorn if he is familiar with anything that has occurred in our community, negative things that were on the drawing board regarding development and industry, that were thrown into the trash can as soon as the County Council voted on impact fees. Mr. Alcorn elaborated on what he knew. Councilman Gornto asked if there is anything this Council can do or the new Council that will be sitting here, in the next six months, that will impact in a positive way commercial and industrial development jobs into this area. Mr. Alcorn elaborated on some of the simple things that Council may look at such as the bonding authority the city has. He further commented on different bonds. Mr. Alcorn stated our biggest problem right now is we need to get more industry in here so the people behind him aren't paying the tax burdens of the area. He stated the people that own homes in the City of Edgewater provide 83% of the taxes. Industry provides 3.2%. Commercial is about 5%. In most areas, 60% of the taxes comes from the industrial base. David Dukett, Executive Director, YMCA, brought Council up to date with what is happening with the YMCA. Currently, we are at 167 members within the facility. He informed Council they have been conducting a marketing study over the past two months to show whether or not it is feasible for a YMCA to locate within the city limits of Edgewater. He went over the study with Council. Page -2- Council Regular Meeting August 16, 1999 '-' ....., Mr. Dukett explained the executive committee is meeting this evening and they are approving a proposal to move on to the next stage which is hiring a campaign consultant. He stated a campaign at this point must be approved by United Way and Volusia County and can not start prior to November 15th since they are currently in their drive. They will kick off the 1st of the year, once the feasibility study is done. Councilwoman Lichter feels there seems to be an emphasis on a desire for an indoor pool more and that could be a very attractive feature. She feels it makes sense to reconsider the outside pool for an inside pool. Mr. Dukett feels that could be addressed once they do the feasibility study. Councilwoman Lichter feels it would be much more utilized if it was an indoor facility. City Manager Hooper informed Council we will be opening construction bids this Thursday on the gymnasium. They will see in the budget presentation how the funding will be combined between the YMCA and the City to fund next year's operation of that building. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Dominic Capria, 606 Topside Circle, requested comments be made on Item 6E before it is voted on. Donald Price, Blue Gables Mobile Home Park Lot 11, read a prepared statement regarding a 10% utility tax being collected and pocketed on water bills from the tenants at Blue Gables. He presented documents to City Clerk Wadsworth. George Ewing, Royal Palm Drive, also requested that citizens be allowed to make comments regarding Item 6E before it considered by Council. Ed Keenan, 1905 pine Tree Drive, complimented Mr. Alcorn for his remarks. He spoke about letters that have been sent out and a paragraph that was included in this letter regarding Edgewater being interested in attracting foreign and domestic industries. CITY COUNCIL REPORTS Mayor Allman had nothing at this time. Councilman Gornto had nothing at this time. Councilman Hammond spoke about citizens addressing him on Rhode Island Street regarding tractor trailers going in there and a fork lift loading these tractor trailers. They are concerned about the road being broken up. It has been turned over to Code Enforcement and nothing has happened. They would like to see that addressed. Councilman Hammond spoke about a few businesses phoning him stating that after 5:00, a lot of these warehouses are opening up at night. He thinks they need to get people out there to check out some of these businesses that are running without permits. Councilwoman Lichter asked if there are hours of limitation on legitimate businesses being open in the evening. City Manager Hooper explained there is a variety of circumstances under which they can work. Councilman Roberts spoke about a beautification project he has been working on for Rotary Park. He made a presentation of a concept he has come up with for Rotary Park. Page -3- Council Regular Meeting August 16, 1999 .....,. ..."., Councilwoman Lichter asked if they put money in their tentative budget under beautification. City Manager Hooper informed her yes. Councilwoman Lichter informed Council the study group she has been going to for a year and a half will be phased out in two months. She feels it is important that they attend those meetings. Councilwoman Lichter praised City Manager Hooper who has been attending the City Manager meetings. He feels an exchange of ideas is good. Councilwoman Lichter spoke about three complaints she has received from reclaimed water users in Florida Shores. She spoke about people watering on the wrong days which affects the pressure. She feels they need to get publicity and warning out on this. She suggested spot checking. Councilwoman Lichter spoke about utilizing Rotary Park. She informed Council the Animal Fair will be held September 18th. There was a ten-minute recess at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Public Hearinq, Joe Martin (East Volusia Enqineerinq, Inc.) Requestinq on behalf of Oscar Zeller and Julian Greene an amendment to the Development Agreement Mayor Allman presented the background information for this request. Staff recommends approval. Mayor Allman opened the public hearing. Due to there being no comments, Mayor Allman closed the public hearing. Councilman Roberts moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. B. 2nd Readinq, Ord. No. 99-0-16, staff recommendinq annexation approval for 2.6 acres located at 3042 U.S. Hiqhway #1 (Furniture Gallery) Mayor Allman read Ord. 99-0-16 and opened the public hearing. Due to there being no comments, Mayor Allman closed the public hearing. Councilwoman Lichter made a motion to approve Ord. 99-0-16, second by Councilman Hammond. The motion CARRIED 5-0. C. 2nd Readinq, Ord. No. 99-0-18, staff recommendinq rezoninq of 2.6 acres located at 3042 U.S. Hiqhway #1 Mayor Allman read Ord. 99-0-18 and opened the public hearing. Due to there being no comments, Mayor Allman closed the public hearing. Councilman Hammond made a motion to approve Ord. 99-0-18, second by Councilman Roberts. The motion CARRIED 5-0. Page -4- Council Regular Meeting August 16, 1999 ~ ..."", D. 2nd Reading. Ord. No. 99-0-19. Modifyinq Chapter 10 (Health & Sanitation). Article V (Weeds. Grass & Brush: Standards for Property Maintenance) by amendinq section 10-95 (Notice of Violation) & section 10-96 (Hearinq before Code Enforcement Board) Mayor Allman read Ord. 99-0-19 and opened the public hearing. Due to there being no comments, Mayor Allman closed the public hearing. Councilwoman Lichter made a motion to approve Ord. 99-0-19, second by Councilman Hammond. The motion CARRIED 5-0. E. 1st Readinq. Ord. No. 99-0-20. staff recommendinq Council consider approval of the ballot lanquaqe/questions for modifications to Charter for submission to the Elections Department Mayor Allman read Ord. 99-0-20 and opened the public hearing. Dominic Capria, 606 Topside Circle, spoke about Item c1 on Page 12. He asked how many registered voters are in Edgewater. City Clerk Wadsworth informed him approximately 11,000. At the last primary they had exactly 3,337 votes. He feels the 20% figure is high. city Attorney Clayton commented on this being discussed at the last Charter Review Committee meeting. City Manager Hooper informed Council how they handled the last Charter meeting. Mr. Capria doesn't feel the 20% will work because of the low number of votes from the last primary election. Mr. Capria referred to Page 3 Part B regarding staggered terms. He understands staggered terms but he doesn't understand four year staggered terms. He feels if someone isn't doing the jOb, you have to wait four years to get them out. If they are doing the job, they would be re-elected. Mr. Capria spoke about the minority report being inserted into the changes to be voted on. He spoke about other minority reports that were not inserted such as voting for districts. Mr. Capria doesn't understand how the Council can vote for something like this over the Board's objections. Four years as an elected official is too long for a small City. Staggered terms yes, four years no. city Manager Hooper explained you either have four year terms, every two year elections or two year terms, every year there is an election. Ferd Heeb, 115 N. Riverside Drive, congratulated and commended Council for fulfilling their campaign promise to appoint a Charter Review Committee. He is disappointed Council decided not to allow the citizens of Edgewater to decide whether they want to limit the ability of future Councils to dramatically change the geographical limits of the city without first seeking their approval in a general election. He strongly urged Council to reconsider this and put that recommendation back into this ordinance. He read what the amendment would say regarding limitations on annexation. He feels if the voters voted for this it would diminish the City's ability to grow. Page -5- Council Regular Meeting August 16, 1999 ........ "WI' Mr. Heeb spoke about section 3.13, which addresses the initiative and referendum procedures, which was recommended by the Charter Review Committee. He also spoke in opposition of Item c1. He feels 5%, 600 signatures is a reasonable number. He feels it should he dropped to a reasonable amount or eliminate it from the amendment. He feels if you are going to place limitations on it it is basically useless so why put it on the ballot. Councilwoman Lichter asked what the original recommendation was in percentage of signatures. Mr. Heeb stated it may have been 20%. This was one of the last issues discussed by the Committee. The wording was a very difficult issue and ultimately the Committee decided to use the wording of the uniform model charter. He doesn't think anyone on the Council got more than 17% of the voters at the last election. To ask someone to get 20% of the voters to sign a petition is unreasonable and unrealistic. Councilwoman Lichter feels maybe the 20% is high for walking house to house to get signatures but maybe there should be a certain amount of people required to vote on a matter like this. Mr. Heeb explained the provisions of this amendment provide that all the petition gets for the people that go out and get the signatures is the right to put that issue before the voters in a general election. Mr. Heeb feels all they are doing is giving the citizens the ability to counteract an ordinance or to bring an ordinance before the Council. Mr. Heeb feels it must be a daunting task for someone to acquire 2400 signatures. Why put two pages of amendment in the Charter if you are going to make the limitations so stiff that no one can do it? Mr. Heeb spoke in opposition to four year terms. Councilman Hammond asked about the acreage for annexation and asked if the State has where you can only annex ex-amount per year without a public hearing. City Manager Hooper elaborated. Mr. Heeb stated annexations of large parcels of land are not things that happen in an instant and there is plenty of time to promote it. He feels the citizens should decide whether they want limitations on the geographical expansion of this city without their approval. George Ewing, Royal Palm Drive, referred Council to Page 12 Item c1. He feels the citizens should be the ones to decide what percentage they want. He spoke about the 20% not even being mentioned on the ballot. City Manager Hooper explained the ballot language is very specific on what can be and can't be and the number of words. This whole ordinance is posted at the polls. There is nothing secretive about this. Mr. Ewing then referred Council to Page 16 regarding residency requirements. He wants the citizens to decide whether residency is required with or without Council's approval. Councilwoman Lichter stated on the whole, their recommendations have been taken. Mr. Ewing then referred Council to Page 19 regarding a Charter Review Committee being appointed every five years. He suggested saying at least every five years and then that gives any Council the opportunity to have a Charter Review Committee. He feels Council should be in favor of this. Page -6- Council Regular Meeting August 16, 1999 '-'" .."", Councilman Gornto stated this doesn't stop them from having one every year. City Manager Hooper clarified they could do it every year. Councilman Gornto stated they could do it every year, it just must be done every five years. Mr. Ewing stated we are having a vote on the Charter this year. Why don't we make sure to include everything in this vote. He feels a couple more items won't hurt. Councilwoman Lichter feels they do not have particular issues in each individual district. Our problems are in common. She stated she ran on a goal of seeing that Edgewater became unified and not divided. She feels we are a small enough City with enough things in common. She feels everything is a compromise. Councilman Roberts feels if you are elected to council your job is to look out for the citizens in every district, not just where you live. We represent everyone in the city. Mr. Ewing feels we should have term limits. Councilwoman Lichter asked about a State case still in the works regarding the State Florida Legislature because term limits were enacted and it is being questioned. She feels if people are doing a good job and the community is stable they should have the right to leave them in. Mr. Ewing asked if the County Council has term limits. He thinks they do. Mayor Allman stated it sounds like they have a Charter Review Board that doesn't agree on anything they agreed on. Mr. Ewing stated they agreed on everything except two or three items. Mayor Allman feels 20% is too high and four year terms are ridiculous. He spoke of it being very costly if they have to have an election every year. Councilman Gornto asked the percentage for a recall. Mayor Allman stated there are a few people that should know that. Councilwoman Lichter spoke about staggered four year terms. She spoke about stability in government. She then spoke about candidates that may be interested in running. She spoke about the price of running for a Primary not being cheap. Mr. Ewing thinks if people are really interested in the city, before they become Councilmembers they should be attending council meetings for a year or two. Mayor Allman stated the first meeting he attended he was sworn in as Mayor. Look where we are today. This City has prospered. We are in great shape. He is against four year terms. Don't say just because someone doesn't appear at a meeting they don't know what is going on. He saw what was going on and he didn't like it. He decided it was time to change it. Nobody voted for him last time, they voted against what they had. councilman Hammond stated when he ran he wanted to see the gymnasium. They haven't even broken ground. He is amazed how slow it takes a city government to get something done. Mr. Ewing stated on residency he approves what Council did on promoting the people at that time because that was the only available people. He thinks from now on, they need to change it. Page -7- Council Regular Meeting August 6, 1999 "-'" ~ Councilman Roberts feels performance by the department heads is more important than where they live. Councilwoman Lichter asked what the next step is with this. City Manager Hooper elaborated on the process. Mayor Allman closed the public hearing. Councilwoman Lichter stated if in a year or two they decide some other issues should go on a special election that could be. city Attorney Clayton stated yes. City Manager Hooper spoke about having a Charter referendum with numerous changes. When asked so many questions, the uninformed voter usually votes no. The more streamlined number of questions and the more specific yes and no answers, the better off. Mr. Heeb stated the only issue they have brought here tonight is whether some additional items should be on the referendum or not. The wording and language that was drafted by City Attorney Clayton and City Manager Hooper meets their approval. city Manager Hooper suggested Council advertise the ordinance the way it is and take the input from tonight and make the final note next time. Councilwoman Lichter made a motion to approve Ord. 99-0-20, second by Councilman Roberts. The motion CARRIED 5-0. CONSENT AGENDA A. Economic Development Board Appointment - Mavor Allman's appointment due to the termination of Nancy Ridner Mayor Allman appointed Emery Chace to the Economic Development Board. B. General Employee's Pension Board Appointment - City Manaqer's appointment of KathY Cornelius to fill the remaininq term of Karen Rickelman. due to her resiqnation Councilman Roberts made a motion to accept the Consent Agenda, second by Councilman Hammond. The motion CARRIED 5-0. OTHER BUSINESS A. Gas Pump Replacement - Recommendinq to award the proiect to supplY new qas pumps (card system) spill containment system and canopy to Petroleum Technicians. Inc. ($45.719) City Manager Hooper made a staff presentation. This is included in this year's budget. Councilman Hammond moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Interlocal Aqreement - Recommendinq adoption of the Interlocal Aqreement prepared by the cities between Volusia County and its municipalities in reqard to the distribution of the additional five cent qasoline tax City Manager Hooper made a staff presentation. staff recommends approval of the Interlocal Agreement. Councilwoman Lichter moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. Page -8- Council Regular Meeting August 16, 1999 '-' ...." OFFICER REPORTS citl Clerk Wadsworth reminded Council qualifying starts on August 23r and ends September 2nd. City Attorney Clayton had nothing at this time. City Manager Hooper had nothing at this time. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, asked what happens if the citizens decide to change the Charter or not change it. She fails to see what difference the Charter makes. She feels we are now being governed not under the directives of the Charter we already have. Ms. Hill asked about the ethics and professionalism of the City Attorney. She spoke about a meeting a year ago when the City Attorney brought to the attention of the Council and Manager under Attorney comments an inverse action suit against the city by Perry Barrett in the name of Associates of Meadow Lake in the amount of $500,000. Ms. Clayton did excuse herself claiming a conflict of interest and turned the matter over to Donna McIntosh who had been handling this case previously for the City. She stated something unusual happened that evening. Perry Barrett was in attendance at the meeting. She looked at the agenda and saw nothing that related to him and wondered why he was there. She feels the citizens of Edgewater should be concerned with who does this City Attorney represent. After the Council meeting, she asked two councilmembers if the Attorney and City Manager had briefed them prior to the meeting. They both said no. She asked Mr. Grace the next day if he had been informed and he told her Nikki Clayton came to his office ten minutes before the Council meeting while Myron Hammond was there and informed him she would bring this item up at the end of the meeting under attorney comments. This was not on the agenda. It was apparent that Donna McIntosh knew that Nikki was bringing this up at the end of the meeting or she wouldn't have been there. She questioned who told Perry. She assumed that directly or indirectly Ms. Clayton had to have informed Perry. It is her understanding that if the City did not challenge Mr. Barrett, and if this matter was not answered by the City very quickly, the city could have lost the case by default. This is a matter that should have been reported to the City Manager and Council immediately. She stated one must question Ms. Clayton's motives in not informing the City Manager. She believes this constitutes a failure to keep good faith with principles, in this case the City. She feels at the least she has been negligent and at the most is guilty of malfeasance or misfeasance. She also believes that in the case of Mr. Grace it was question of him or her and Council quite obviously chose her. You fired the wrong one. Mayor Allman stated nobody fired nobody. Mr. Grace resigned. Mayor Allman informed her her five minutes were up and asked her to have a seat. city Manager Hooper responded briefly. He stated any dealings with Mr. Barrett have been primarily through himself. To date, Mr. Barrett has been paid nothing. Mayor Allman stated as far as Ms. McIntosh is concerned, let's talk about qualifications. She didn't even know that he didn't own the property. We went on for four years with an attorney that is arguing a case where he didn't even own the property. Ben DelNigro, 3130 Tamarind Drive, asked about the officer that was fired for the pot that was found in her home. He feels she should not be in the police department at all until she is cleared of these charges. Page -9- council Regular Meeting August 16, 1999 ~ ..." city Manager Hooper described the situation with Cheryl Anderson. To date she has passed two drug tests. She has agreed to go to any counseling. Councilwoman Lichter asked when the court case was. City Manager Hooper informed her the case has not been scheduled. Mr. DelNigro feels she should not be in the Police Department until she is found innocent. Mr. DelNigro asked about all of the City employees taking drug tests. City Manager Hooper spoke about the Drug Free Workplace program. Those are in affect. George Ewing, Royal Palm Drive, asked what the vote was on the Charter. Mayor Allman stated changes would be discussed at the second hearing. Mr. Ewing would like to see a vote on the individual items. ADJOURNMENT There being no further business to discuss, Councilman Hammond moved to adjourn. The meeting adjourned at 9:35 p.m. Minutes submitted by: Lisa Bloomer Page -10- Council Regular Meeting August 16, 1999