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01-11-1999 - Regular ,'''''11; ~ ..." -- .' CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 11, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Randy 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 Excused Present Present Present Present Excused INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. PRESENTATIONS A. Introduction of Greq Wood. new Executive Director of Volusia Council of Governments (VCOG) Mayor Allman introduced Greg Wood as being the new Executive Director of the Volusia Council of Governments. Mr. Wood stated he has made it a goal of himself to try and attend every Councilor Commission meeting within the County at least on a quarterly basis. He feels it is important for him to see what is happening in the communities and get a feel where the Councilor Commissions are coming from. City Attorney Clayton asked to have a minute with Mr. Wood. She stated they were talking about annexation earlier and it is in F. S. 171.0413 there is a little bit of reason in what the source said to him. If an area that is going to be annexed is going to be either five percent of the city's area or five percent of the city's population, then you have separate votes in both the city and the outside in order to determine whether there will be an annexation. APPROVAL OF MINUTES A. Reqular Meetinq of December 7. 1998 Councilman Gornto made a motion to approve the December 7, 1998 minutes, second by Councilman Hammond. The motion CARRIED 4-0. B. Reqular Meetinq of December 21. 1998 Councilwoman Lichter made a motion to approve the December 21, 1998 minutes, second by Councilman Hammond. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about Item 8A. He feels this organization is a good one and needs support. He recommended they consider putting out bins, at 'W ""fIlII strategic locations in the City for donations by the individual of the City. He feels items such as non- perishable foods, clothing or toys could be put in these bins. Tom Alcorn, Cedar Island Club, 835 S. Atlantic Avenue, New Smyrna Beach, also spoke about Item 8A. He went to the location of this organization to find out what this group is trying to do. The outpouring from the community has been tremendous but the thing that hasn't been given to them is the monetary support. Our country was founded on people helping other people. He asked Council for financial support. Mike Visconti, 316 pine Breeze Drive, spoke about City Manager Hooper's recommendation to combine the Beautification & Tree Committee and the Parks and Recreation Board. Mr. Visconti stated according to Mr. Hooper the Beautification & Tree Committee was created in 1992 when the City applied for status as a Florida Tree City and the City has never had this distinction. The City did have this distinction for three years, from 1993 to 1996. Thanks to the former Chairman, Felicia Ver Way and her Committee, which made this City a Tree city. Mr. Visconti spoke about the eyesores in Edgewater back when he first joined the Committee. Under Ms. Ver Way's leadership she had taken photos along U.S. #1 which were presented to Council. with the help of the enforcers and the Council at that time and the building inspector, today most of these eyesores have been taken care of. Mr. Visconti spoke about his pet project, the fountain, which was placed at the corner of U.S. #1 and S.R. 442. Mr. visconti referred Council to a packet he gave them. He went over a list of goals he had back in 1995, old minutes of the Beautification & Tree Committee, a list of members that have resigned, a memo regarding the eyesores, a memo regarding water in the medians, and a copy of minutes from May 12, 1998 regarding beautifying the medians at the north and south ends of the city with a sign welcoming people to Edgewater. Mr. Visconti spoke about Kevin Grace seeing the need to landscape the medians on U.s. #1. He had asked Council for money to landscape the first two medians going south and the first two medians going north. At that time, he with the Committee and Council approval got $26,000 appropriated to do these two medians. This was in June of 1998. The two medians at the north end of the city were to be completed by Thanksgiving. This has not been done as of yet. Mr. Visconti stated tonight he speaks in keeping the Beautification & Tree Committee separate. According to Mr. Hooper, he is reorganizing the City government to create a greater efficiency. The Committee wants what is best for Edgewater. They had their goals and tried to meet their goals, but with no budget and no money their hands were tied. Mr. Visconti spoke about reading in the paper that we or I were embroiled with politics. He believes the citizens of Edgewater have all the right to express their views and their values. Page -2- Council Regular Meeting January 11, 1999 ... ..." Mr. visconti spoke about the widening of SR 442 and the Committee voicing their opinion regarding losing the palm trees in the medians. Mayor Allman asked Mr. visconti to summarize. Mr. Visconti spoke about DOT allocating $100,000 to beautify SR 442 when the paving is done. He feels the Parks and Recreation Board has so much to do and feels beautification might be last on their agenda. Mr. Visconti stated the Beautification & Tree Committee is opposed of combining their Committee and the Parks and Recreation Board. Mr. visconti informed council some past members were present such as Patrick Conway and Gail Wells. The people that resigned felt it was to no avail for them to come to the meeting. Mr. Visconti thanked the Committee and the people for listening to him. Carol Carmello, 1806 Persimmon Circle, spoke in support of the Family Florida Restoration Center. These people are so committed to trying to make this work. The community has come forward 100%, businesses, churches, schools, and individuals. They need the money. She highly recommends the approval of the capital they need. CITY COUNCIL REPORTS Councilman Hammond spoke about complaints he has had on Guava and Hibiscus Drives regarding rocks being thrown. One of the questions from one of the businesses was what are kids doing running up and down commercial streets after 8 or 9 o'clock at night. He spoke about the vandalism that has happened at his place of business. He wants to get with the Police Chief to see if they can patrol or come up with something. Councilman Hammond stated a few people have spoken to him about getting more street lights in Edgewater. He feels this may help cut down on some of the vandalism. He asked that this be looked into. Councilman Roberts was excused. Councilwoman Lichter spoke on the study group. She stated a model contract has been drawn up with South Daytona, Holly Hill and the County which has to do with the cities providing grass service, such as cutting the grass and picking up litter and the County paying the cities for it. Councilwoman Lichter spoke about the fire/rescue group. They decided they have to hire from the State a professional consultant to see how we can move this along. They are going to meet with all of the individual councilpeople in every city. Councilwoman Lichter spoke about the trucks parked out by I- 95. She spoke to the city Manager in Port Orange. They are looking into the City providing an area that is landscaped and charging a nominal sum of money for the truck drivers who are residents. She found out some of the drivers who leave their trucks are from New Smyrna Beach. She stated she doesn't want to be hostile but let New Smyrna provide their own space and we will try to take care of the drivers in Edgewater. Page -3- Council Regular Meeting January 11, 1999 .. ..."" Councilwoman Lichter spoke about the study group being approached about the homeless by the Chamber of Commerce in Daytona Beach. They feel it is not just Daytona Beach's problem but it is everyone's problem. Councilwoman Lichter stated the mural has not been forgotten. The historic scenes of Riverside will be presented at the next meeting and the contract is being worked out with the artist. Mayor Allman had nothing at this time. Councilman Gornto had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Readinq. Ord. No. 99-0-03. amendinq Chapter 9 of the Land Development Code Mayor Allman read Ord. 99-0-03 and opened the public hearing. City Manager Hooper made a staff presentation. Mayor Allman closed the public hearing. Councilman Hammond made a motion to approve Ord. 99-0-03, second by Councilman Gornto. The motion CARRIED 4-0. B. First Readinq. Ord. No. 99-0-04. repealinq Ordinance Numbers 90-0-27. 94-0-11. and 95-0-13 and thereby amending and restatinq the Firefiqhters' Pension Plan Mayor Allman read Ord. 99-0-04 and opened the public hearing. City Manager Hooper made a staff presentation. City Attorney Clayton explained the only contribution they have made in her office is to try to compile all of the City's ordinances into one location. Mayor Allman closed the public hearing. Councilman Gornto made a motion to approve Ord. 99-0-04, second by Councilman Hammond. The motion CARRIED 4-0. CONSENT AGENDA A. Payment of Lien - satisfaction of lot clearinq lien (collected $83.08) B. Payment of Liens - satisfaction of three special assessment (pavinq) liens (collected a total of $1. 485.06) C. Donation - Donation of surplus city cellular phones to stalkinq victims and victim's of domestic violence Councilman Gornto made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 4-0. Page -4- Council Regular Meeting January 11, 1999 '-' ..."" OTHER BUSINESS A. Solicitation - Florida FamilY Restoration Center seekinq city support (monetarilY or domestic items) of a temporary residence for displaced women and children. (Continued from December 7. 1998) City Manager Hooper made a staff presentation regarding his findings. He expressed concern with City employees helping with restorations being a liability issue. He recommended they do not do in-kind services. He has spoken to the New Smyrna Beach City Manager and at this point there has been no commitment from the City of New Smyrna to offer in-kind or any financial services. He recommended to Council if they are inclined to offer some sort of donation, it be a donation of a material item or funding that could be available at Scotty's for wood or materials. Councilwoman Lichter stated when she was there there was no washing machine. She asked if that has materialized. Bill Sharp, Executive Director, Florida Family Restoration Center, commented on what they still need to do at the Center. They have had a washer and dryer donated with another set also being donated. What they really need is not for the City to come and fix things for them, they need funds at this point in time. They are applying for grants but it will take time for these things to happen. Their greatest need right now is funds. Carol Tanguay, Director, Florida Family Restoration Center, spoke of the monthly utility bill costing approximately $400. This is what they need money for. They need to be able to pay their bills when they come in. Rev. Dr. Sharp spoke about different entities that have helped with maintenance on their facility. He further spoke of the people that serve on their advisory board. Councilwoman Lichter asked about paying four months of utility bills. City Manager Hooper stated there are many good ideas and good uses of public funds. There is a budget process that let's them hear them all at the same time and go through and prioritize the process. They could pay the bill but they are inside New Smyrna. If they wanted to approach New Smyrna Beach to get a water for the utilities, there lies an opportunity and it is his understanding that has not been done yet. He recommended the most the Council should fund is $200 to $400 for materials from a local vendor that could supply building supplies. Councilwoman Lichter asked Rev. Dr. Sharp if they have a bill at Scotty's. Rev. Dr. Sharp informed her they have a need for hardwood flooring. City Manager Hooper explained the question in front of the Council is do they just wish to allocate a certain amount of funding and identify. The staff would set up with a vendor that could provide materials. Mayor Allman asked City Manager Hooper what kind of figure he was looking at. city Manager Hooper stated he wouldn't think of anything more than $300 or $400. Councilman Hammond spoke about making donations when we haven't been able to do a lot in the City. He doesn't mind contributing as a business to help out but he has a problem with using the taxpayer's money. Page -5- Council Regular Meeting January 11, 1999 ~ ..."" Rev. Dr. Sharp explained they are serving Southeast Volusia County, which includes Edgewater. Three of the ladies that have come to them have been from Edgewater. Their greatest need now is funds to take care of repairs. Mayor Allman stated the way he understands staff's recommendation is for an amount not to exceed $400 set up in an account with a local vendor of their choice to aid in whatever building supplies they may need. Councilman Gornto moved for approval for $400, second by Councilwoman Lichter. Councilwoman Lichter feels $500 sounds better. Councilman Gornto amended his motion. Councilwoman Lichter spoke of the ladies from Edgewater. She has given a personal contribution but she thinks they have to have some heart that $500 should be the minimum. The motion FAILED 2-2. Councilman Hammond and Mayor Allman voted NO. B. Consultinq Enqineerinq Contracts - Recommendinq approval of contract neqotiations with Bovle Enqineerinq. Honeycutt/PEC Team and Quentin L. Hampton Associates for various proiects. City Manager Hooper made a staff presentation. He also disclosed he is affiliated with Honeycutt/PEC. Director of Environmental Services Terry Wadsworth made a presentation of the individual firms. Councilman Gornto moved for approval, second by Councilman Hammond. The motion CARRIED 4-0. Councilwoman Lichter asked a question regarding the vote for the Florida Family Restoration Center. If she had not raised that sum of money to $500 but took the City Manager's recommendation of $400, would Mayor Allman have voted for it or is that improper to ask. Mayor Allman stated that had nothing to do with his vote. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Attorney Clayton had nothing at this time. City Manager 1) Review Ord. No. 99-0-01. repealinq Section 14.54.1 (Establishment of Edqewater Beautification and Tree Committee) and Ord. No. 99-0-02. amendinq Section 12.5- 11 (Created). Section 12.5-12 (Membership) and Section 12.5-13 (Duties) of Article II (Parks and Recreation Board) City Manager Hooper made a staff presentation. He stated if this is what Council is inclined to do, the~ can put the first reading on the agenda for February 18 . Page -6- Council Regular Meeting January 11, 1999 ..... ...., Councilwoman Lichter stated she was the one who initiated the combining of the two boards. She presented reasons why she feels the two boards should be merged. She has attended Beautification & Tree Committee meetings where they did not have a quorum. She feels this would be for the betterment of the Beautification & Tree Committee so they could move forward faster. City Manager Hooper spoke about a list of individuals on these boards and their expiration for sitting on the Committee. He passed the list around. Gail Wells, 2503 Woodland Drive, feels it seems like the City Council from the very beginning totally neglects Edgewater. She doesn't think they have to spend a lot of money. She spoke about the entrance off of 1-95 and it being an eyesore. She doesn't feel the high power poles should have been placed on Indian River Blvd. She hopes the city Council in the future would pay some attention to the beautification of the City. Ms. Wells feels they need to pay a lot more attention to the city's codes. Mike Visconti, 316 pine Breeze Drive, stated he takes nothing away from the Parks and Recreation Board or Jack Corder who is doing a wonderful job. He asked if the Parks and Recreation Board was supposed to beautify Edgewater why hasn't it been done under them. City Manager Hooper stated he would put this in ordinance form and put it on the February 1st agenda. Susan Hammond, 2119 Sabal Palm Drive, asked how many members will serve when the two boards are merged. She was informed there would be seven members. If Mr. Visconti had six members on his Committee and you wanted to do this would you up it to fifteen. Mayor Allman stated they probably wouldn't be at that point right now but there are only three members left on the Committee. We are trying to combine this to make it more efficient. Linda Sullivan, 3327 Mango Tree Drive, past member of Beautification & Tree Committee, spoke about the article in the newspaper the other day. She wishes someone would get the facts straight before it is put in print about the past history of the Beautification & Tree Committee next time. 2) Acceptance of the Charter Review Committee report. City Manager Hooper stated the final action is to accept the Charter Review Committee report that was presented to Council earlier in work session. If it is acceptable to Council they will hold a work session at the March 1st meeting. He would like to have this as a stand along work session. He suggested scheduling that meeting at six. Councilman Gornto moved for approval and let Mr. Hooper set the dates for the workshop, second by Councilman Hammond. The motion CARRIED 4-0. 3) Reschedule/cancel the February 15. 1999. Council meetinq due to President's Day holiday. City Manager Hooper stated they would hold one meeting that month on February 1st. Page -7- Council Regular Meeting January 11, 1999 -- .., GENERAL CITIZEN COMMENTS/CORRESPONDENCE Andy Anderson, pine Tree Drive, commented on the vandalism in this town. He stated you could spend hundreds of thousands of dollars to try to prevent vandalism but if you don't have a curfew in this town, it won't do any good. They have to do something about this. He suggested penalizing the parents if the children are caught out after the curfew. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn. The meeting adjourned at 8:15 p.m. Minutes submitted by Lisa Kruckmeyer Page -8- Council Regular Meeting January 11, 1999 JAN-07-1997 09:35 FROM l' '1 us i ,'\ to 1 E'ct i Qt-,S TO Ed ':.1 E'UJ,3t. i"'r' F' . lJ1 ,~ ?..., FORM 88 MEMORANDUI\1 OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS VtST N~E-.-FIR.S':l' N'AME-MIDDU NA..'\1E i / GtJr-Nio ' J:~~ _"5 kc.vldc1l MAlLlN~AD~~ Ill. A()'et'~/4 'j)AI~ elTI J j COUNTY ~- , << ')!Q., c"'" f/iJ (J:> i ,,1.- NA.~E QP aoA.9P, . CQ~CIL. C<?~1?jiSSION. AtrrHORlIT'lR COMMlTIEE ;;;'I-~ 0/ kd~c..AI~r Co <..\.v'" , THE OO".RD, COUNCIL. COM.....USSlON. AUnlORlTY OR COMM1'ITEE ON WHI9! I S:eRVl'i: IS A UNIT OF: ~1TY 0 COWiTY 0 OTHER LOCAL AC~CY NAME OF POunCAL SUBnIVlSlON: ~ cJ y<- '-'1-1 C(. .fc- ~ M~mON 18: ~ EU:CTIVE ~ i I ! DATE ON WHICH VOTE.: OCCL1'RRED i Ote ~ /rJ V t'-. l Q APPOINTlVE I -----___.-J r----- I WHO MUSi FilE f:ORM 8B Tills form i9 for UM by any lX:'l'son serving at the county, city, or other local level of government on an appointed or eJeck>d Soard, council, commission, authority, or commit~. It applies equally t.o members 0'1' advi~ry and non.adYism::y bodio.s who 2.Tl! presented with a votin6 conflict ofintere~t under Section 112.3143, Flcrida. Statutes. Your l'esponlribilities under the law .....hen fal;o?d with voting on a measure in which.you have a conflict of interest 'NiB vary gr-eatlY1 " " d.pending on wb.th., yuu hold an .]"tive u, appointive po"tion. Fa< thi, "'''''''n, pl.... pay do,. ""'utiuu '" the IMt"",lon, un this fonn before completing th_e_ reverse side and fiiing the form. J INSTRUCTIONS FOR COMPLIANCE WlTH SECTION 112.3143, FLORIOA STATUTES A penoon holding elective or appointive count)", municipal, or othe:- local public office MUST ABSTAlN from voting on a n1t'asun' which inures to his or her spedal private gain or 1M.B. Each elec~d 01,' appoint.odl<xal officer also is prohibited from knowingly voting on a meaaure which inures to the !;peeiaJ gain Or loss of a principal (other than a. government agency) by whom he Or she is retained (including th9 parent. organization or subsiciiarj' of a corporate plindpal by which he or she is ret.ained); t<l the -spccial privat(- gain or l(>~s of a relstive; or tc the special private gain or loss of a busiMss associate. Commissioners of community !"edeve1opment !J.g@dflS U1'lder Sec. 163.556 or 163.357, F.S., and officers ofindep~ndent spec~al tax districts elected. on R orn!-ac-e, one-vote ba3is arl? :-lot pro- hibited from voting in that ca.p.."lcity. For pUtjXlses of thi$law. a "rela.tive" inc1ud(>s only the officer's father, mother, son, d.a'J;hter, husba:.d, .....1fe. brother, sister, fathH- in-law, mother-in-law, son-in-law, a."1d dl1ughter-in-ls.w. A *'business Msociate" n;~ans any pEtr50n or entity engaged in or cafr)ir.g on a busineas enterprise with the cfficer M a partner; joint venturer, Coowner of property, or co..-pora~ share-holder (wh~re the 5han's of the corporation are not listed on MY national 0'1' regional sl;(xk exchangp.). '" . .. III . * III '" ... '" .. '" .. .. ". ELECTED OFFICERS: In addition to abstaining from voting in the situations dt<scdbed abovl?, you mu~t di.,close the conflict: PRlOR TO THE VOTE BEING TAKEN by publiciy stating to thE assembly the na~u~ of your interest in th~ measu-..'e on which you are abstaining from voting; a1Ul \VITHIN 15 DAYS A.l4"TER THE VOTE OCCURS by completing and filing this form -.vith th~ p",rson rN'ponsiblE! for rer.:<rrrung the minut.es of the meeting, who should incol'pol'ate the fonn in the minutes. ,. .. " " " $ .. '" .. or .. ... * " .. ,. APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations descri~d above and in the manner described for elo<cted offi- cers. In order to participate in the~ matters, you must disclose the nature of the conflict b€-fore making any attempt to influence the decision, whether orally or in writing and whether made b'; you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEersroN PRIOR TO THE MEETING AT v..'HICH THE VOTE WILL BE TAK1";N: . You must complete a."ld file this form (befo't'e making any attempt to influence the decision) '....;th the person responsible foI' recording the minutes of the meeting, who win incorpcrate the form in the minutes. · A copy of' the form must be provided immediately to the other members of the agf1!n~y. . The fcrm must be read publicly a.t the M:(t meeting afber the fonn i:diled. J CE FORM 88. REV. 1195 PAGE 1 JAI'I-07-1 997 09: 36 FRiJf1 ' I_I us i.'j, E} ".'ct ions TO Ed'jeUI.3ter-' F'.02 .... ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EX.CEPT:BY DISOUSSiON AT' THE MEETING: .. You must di~loge orally the nature of your conflict in tho measuro? before participating. . You must com?lete the tOi'TTl and file it within 15 days a..'tel' the vote cecum with th~ person responsible for recording the minul:.e8 ofthfl mHting. who must ine<>rparatA thtl fonn in the minlltg~. A copy of the form must be provided immediately to th~ other mernben of'the tlgE'ncy, and the form must 1>:> t'eadpub1idy nt thl) n0xt m_ting afl-.A\>1' tn8 fOhn is filed. DISCLOSURE OF LOCAL OFFICER'S iNTEREST --- ;/ /.,' 10 ,I ;, i- I, ~j/}41 c.....> /<..., , u-o ",.,.; . hereby diadoS(': that on ~_ hJ4/'-C 11 ~ ,19 qy : (a) A measure came or win come beio~e my ag@nq which (check one) inur;;d to my special private gain or loos; inured to the s~if'.J gain or 1085 of my business associate. inured to thE! special gain or loss of my relative, inured to the special gain or loss of whom 1 am rew.ineQ.j or inured to t.he specire gain or loss of is the par~nt organization o!' subsidiary of a principal wruch has retained me. (b) The mgggure before my agency and the nllt~ of my conf'Jctir.g interest in the me~ure i9 as feHows: --r7 ~'C.Jt4Lf- f~ttf ~ /l;qJ 1'0 /JD+<- i-/i/O(vV..J C\ / fI c... If 2 TN c- I ,J /' f:) t !f{ -J / c') -J c{ -(,V.. T I- c L ~ ~ u f..-r I /'0/- +/;1':; c () ~y1d..j 7 ( ..5 ;J 11 u A. A,j-( I ~_ ' A U; ~ c,- 0 -{ l Ju... Il C>LJL,vr Dr U' , f ...v f ~ 0. X yJ t: do, r <.{ ,,(/C<<- , ,+ J(J, 1/;- e ~, I f- J,) J1/D , rk j HW) I' I ,kJd ^t; t D -I /voJ ~.:)/ ~_KJ J J))'L' 1\ (. orJ r ( r. P ( j ,'...j t' VI ; " +- 1',.,,)c,.../cJ<vc /V --tV-<r ha.~ Q c;/IK.\. , by , which c 0 '0\ if ~..v' 7 6(-0 Hu r- r111 udJ t5 c "" .hf\('v1 / c{' .......---, 1 /)/'1'1 / /) I Y f7 ~'d r ,Q; ~--~-- SI~Rture ,/ NOTICE: tiNDER PROVIS!ONS OF 'FLORIDA STATUTES ~112.317~ A FAILURE TO 1t..\KE A-,1'f'{ REQuiRED DISCLO- SURE CONSTITUTES GROlJNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLtO\VING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY~ REPRIMA.Nl), OR A CIVIL PENALTY NOT TO EXCEED $10.000. CE FORM Be . REV. 1195 PAGE 2