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10-19-1998 - Regular ~ ~ I . CITY OF EDGEWATER REGULAR MEETING OCTOBER 19, 1998 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:23 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 Interim 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 a pledge of allegiance to the Flag. PRESENTATION OF PLAQUES/PROCLAMATION/CERTIFICATES A. Mayor's Award of Excellence Plaque and Proclamation Mayor Allman read a proclamation and presented Bill Jackson with the Mayor's Award of Excellence. B. Mavor proclaiming the week of October 18-24. 1998. as Florida City Government Week Mayor Allman read a proclamation proclaiming Florida City Government Week. APPROVAL OF MINUTES A. Special Meetinq of September 24. 1998 Councilman Hammond made a motion to approve the September 24, 1998 minutes, second by Councilman Roberts. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Doris Hill, 112 Lincoln Road, spoke about Mr. Barrett asking for an abatement for a utility bill. She feels Council started a bad precedent a few weeks ago. When residential citizens get up here and ask for an abatement, we don't get it. She spoke of an instance with Cliff Clark. She feels the builders are getting another perk here. She urged Council to consider if they are going to abate his bill, she hopes they apply that abatement to what he owes the City. CITY COUNCIL REPORTS Councilman Hammond spoke about reading the newspaper and someone stating he wanted the Y for his son because they drive back and forth to Port Orange every day. Even if the Y is built here, if he used anything he would probably be using the nautilus equipment down here. He doubts seriously that he would be down here at the Y practicing because he is with a very qualified coach in Port Orange where he will ~ ~ , ' probably stay even through Senior High School. He is not pushing for his son but the community as a whole. Councilman Roberts asked why they haven't started site work at the Fire station site when they had the ground breaking ceremony a couple of weeks ago. Interim City Manager Hooper stated they have ten days from the notice to proceed to get started. They are well within the contract and have turned in all of their insurance forms. The contract was executed today. Councilwoman Lichter spoke about hiring engineers to look at the Water Treatment Plant reclaimed water and using the Mango Tree lake as storage for the water. utilities Director Terry Wadsworth presented reason they haven't gone any farther on that the abnormal weather conditions we have had. monitor that over relatively normal periods. monitoring the rise and fall of the lake and rainfall has on it and the stormwater runoff it. a report. The is because of They need to They are the effect that goes into Mayor Allman asked if they have heard from st. John's as to whether they can use that for reclaimed because they are calling for drought next Spring and Summer. Mr. Wadsworth stated st. John's with the consumptive use permit has granted permission for the City to withdraw up to 1 million gallons per day from that lake. They are looking at the ability to also be able to store in there. Councilwoman Lichter spoke about the forum she held. She feels it was very successful. She spoke about Code Enforcement being a hot issue. Concerns were expressed about used cars for sale on SR 442, large boats, recreational vehicles in driveways and other code area concerns. She spoke about the subject of Charter revision and overlapping terms. She stated there were over 30 people and feels it was successful. Mayor Allman had nothing at this time. Councilman Gornto had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq - Ord. 98-0-08 Amendinq Chapter 2 (Definitions) and Chapter 10 (Hardship Relief) of the Land Development Code to add 'minor residential construction variance. ' Interim City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Allman read Ord. 98-0-08 and opened the public hearing. Due to there being no citizen comments, the public hearing was closed. Councilman Gornto made a motion to approve Ord. 98-0-08, second by Councilman Roberts. The motion CARRIED 5-0. B. Public Hearinq - Ord. 98-0-07 Amendinq the Truck Route Interim City Manager Hooper made a staff presentation. Mayor Allman read Ord. 98-0-07 and opened the public hearing. Page -2- Council Regular Meeting October 19, 1998 '-" ...., , . Mr. Glasser, 1703 Needle Palm Drive, asked what streets are being designated as truck routes. City Attorney Clayton stated they are listed in the ordinance on Page 3, Section 17-7. Mayor Allman listed the truck routes. Mr. Glasser asked if the Police Department would be aware of the truck route streets. Interim City Manager Hooper stated a copy of the ordinance will be given to the Police as well as a map. They are going to post the streets that are truck routes so they will be identified. Mr. Glasser asked if the streets that are residential will continue to have signs that stipulate trucks over one ton. Interim City Manager Hooper stated the existing signs will be. They aren't going to go back and add new signs throughout the City. They are going to post the truck routes. Councilman Gornto made a motion to approve Ord. 98-0-07, second by Councilman Hammond. The motion CARRIED 5-0. C. Resolution No. 98-R-11 Amendinq Council Order of Business. General Citizen Comments Interim City Manager Hooper made a staff presentation. Mayor Allman read Res. 98-R-11. Mayor Allman opened and closed the public hearing due to there being no citizen comments at this time. Councilman Gornto made a motion to approve Res. 98-R-11, second by Councilman Hammond. The motion CARRIED 5-0. CONSENT AGENDA A. Vehicle Purchase - Staff requestinq Council approve purchase of two 1999 Ford Crown victoria Police B. Vehicle Purchase - Staff requestinq Council approve purchase of two 1999 Chrvsler Cirrus unmarked vehicles. (Total $30,000 C. Payment of Lien - Satisfaction of special assessment (pavinq) lien. (Collected $960.24) Councilman Gornto made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Interlocal Aqreement - Staff recommendinq Council approve an Interlocal Aqreement by and between the School Board of Volusia County and the city of Edqewater Interim City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter questioned if the School Board would be interested in using the facility the City builds and if there might be some cooperation that way. Interim City Manager Hooper clarified this is something that could be explored. They could have some discussion and find out if there is any potential to expand that use or how it could be continued in the future. Page -3- Council Regular Meeting October 19, 1998 ~ ~ , . Councilwoman Lichter moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. B. Bankinq Services - Staff recommendinq Council approve an agreement with First Union National Bank for banking services Interim City Manager Hooper made a staff presentation. Staff recommends continuing with First Union National Bank. Councilman Gornto asked if it is true that if a City employee gets paid by check and they go to First Union and attempt to go through the drive in window to cash the check, they are in fact told they can not cash it at the drive in window and must go into the lobby. Mayor Allman stated yes. City Clerk Wadsworth believes it is something that is recently taking place at First Union. Interim city Manager Hooper stated Barnett and Nations do that also. Councilman Roberts asked if they can ask for a reason from the bank. Interim city Manager Hooper stated if the Council would like, they could ask that question and bring the agreement back. Councilman Gornto has no problems with the agreement. He suggested negotiating with the Edgewater Branch that the employees that get a check drawn on that bank can go through the drive-in window. Finance Director Karen Rickelman explained First Union has offered to come into the City and sign up those employees with an 10 card so if they don't have an account at First Union they can just take their 10 card and go through the drive through and they will be glad to cash their check for them. Councilman Roberts questioned how often the City should get competitive prices as they did this year. He feels it had gone too long before. Interim City Manager Hooper explained he kind of likes the idea of every third year. Councilman Gornto moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. C. Special Activity Permit - New Smyrna Beach Rotary requestinq to hold a charitable carnival on U.S. 1 south of Barnett Bank October 29tn - November 1st. 1998. and waive administrative fees. Interim City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Allman asked what actually comes back to the city of Edgewater from the New Smyrna Beach Rotary. Bill Jennings, New Smyrna Beach Rotary, stated a scholarship to students is what is returned. Mayor Allman asked how many scholarships and how much was returned to Edgewater last year. Mr. Jennings stated he didn't have that information available but would be glad to furnish those. The date has been changed and that was not his doing, from the October 29th to November 1st. Page -4- Council Regular Meeting October 19, 1998 ~ '--' . . Councilwoman Lichter asked if we have a local Edgewater Rotary. Mr. Jennings stated yes, we do. Councilwoman Lichter asked if there is a reason it is not held in New Smyrna. Mr. Jennings stated no, no reason that he knows of. We have members from Edgewater also. Councilman Gornto moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. D. MonthlY Water Bill Fees - Mr. Barrett requestinq a reduction in the accrued minimum monthlY utility bill for a dwellinq under construction, which has been dormant since May 7, 1996, and requestinq utility service resumed. Interim City Manager Hooper made a staff presentation. Staff recommends denial of the applicant's request. Councilman Gornto made a motion to deny this request, second by Councilman Roberts. The motion CARRIED 5-0. Councilwoman Lichter spoke about sending letters to residents. This man obviously knows and maybe the man two weeks ago knew. She didn't know he was a developer. When anybody's meter is taken out, a letter will be sent informing them they will still be charged the minimum bill. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, thanked the Council for approving the variance on developing the homes. He feels the one that suffers is the one building the home. He also thanked the Council for choosing First Union Bank. Ron Prekup, 1829 Lime Tree Drive, feels we need to get communications out in the news media and maybe in the newsletter and explain to some of the residents exactly some of the questions they have on the YMCA. He was enlightened at the workshop. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about the YMCA. He asked why Edgewater should be the one footing the bill. Why can't New Smyrna be pitching in. Money wise Edgewater is a distant second to New Smyrna. Why isn't New Smyrna giving money for it? OFFICER REPORTS City Clerk Wadsworth stated they are still meeting with the children for Florida City Government Week. City Attorney Clayton had nothing at this time. City Manager 1) Citv attendance at Leqislative sessions Interim City Manager Hooper informed Council if they are interested in going to let him know. 2) Budqet for Research Assistant (Individual trackinq the Leqislative Proqram) Interim City Manager Hooper informed Council this is a request for a contribution of $360 from the City of Edgewater to fund a person that tracks and will follow bills as they go through their legislative progress. Page -5- Council Regular Meeting October 19, 1998 ~ ~ , . Interim City Manager Hooper explained it is divided up to about $.02 per person within the City. The City is covered already so he recommended this not be funded. Councilman Roberts asked if one of the Florida League of cities representatives were supposed to visit us about grants. Interim City Manager Hooper stated this didn't make it in in time to be on this agenda but they are working with them to see if they can appear on a later agenda. 3) Barrett vs. Meadow Lake Subdivision Lawsuit Interim City Manager Hooper stated the City won a summary judgment in the Circuit Court. It then went to the 5th District Court of Appeals, who overturned that. Our Attorney requested that go in front of the Supreme Court. The Supreme Court has not acted and declined to accept jurisdiction meaning it's not going to be reviewed by the Supreme Court. Donna McIntosh will be available to describe that if they wish to go into any further detail. There is no obligation to do anything next. Mr. Barrett has to make the decision to take it back to Circuit Court. Councilwoman Lichter asked where Ms. McIntosh stands as far as who owns that property. Interim City Manager Hooper stated she has completed that and he has that legal reference and tax information in his office. What it appears is Mr. Barrett does not own the property. After that research has been done he has a quit claim deed that was not recorded at the time that is now recorded. He has sent that information to Ms. McIntosh and had her review that to see if that would have an impact on the finding or the title abstract or legal research done on ownership of the property. She has completed her report on that. We are in the final stages of having engineering firms reviewing impact of current flooding and looking over the existing permit conditions as to what did occur and as to whether there was some impact. Both of those will be on the agenda coming up in November. Councilman Roberts asked if the court wanted to know who owned the property before they made a decision. He feels that would be a key piece of information. Mayor Allman stated he asked that same question and he was told they were acting on a point of law on this decision, not on a point of the whole lawsuit in general. Councilwoman Lichter stated inverse condemnation. Interim City Manager Hooper stated what he thinks they were looking for at the time, Mr. Barrett claimed he had some flooding and some temporary taking and that became the issue described to the courts. Mayor Allman introduced Bob Thurlow, President Elect of the Southeast Volusia Chamber of Commerce. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn. The meeting adjourned at 8:12 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting October 19, 1998