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11-16-1998 - Regular 'W' ..."" CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 16, 1998 7:00 P.M. COKKUNITY CENTER MINUTES CALL TO ORDER vice Mayor Gary Roberts 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 Vice Mayor Gary Roberts Councilwoman Judith Lichter city Attorney Nikki Clayton Interim City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Arrived at 7:08 Present Excused 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 A. Reqular meetinq of November 2. 1998 Councilman Gornto made a motion to approve the November 2, 1998 minutes, second by Councilwoman Lichter. The motion CARRIED 3-0. CITIZEN COKKENTS REGARDING AGENDA ITEMS ONLY Richard Martinez, 317 Schooner Ave., addressed Other Business - Item 7B. He informed Mr. Hooper he wasn't directing his comments at him personally. He stated the City Charter talks about selecting the best applicant. No applications have been requested. Some members of the Council may feel comfortable with Mr. Hooper but the residents expect more than that. He feels it is important to display to. the City that the Council is using some kind of gauge or yard stick in selecting a City Manager. He suggested Council request applications and encourage Mr. Hooper to apply. Let's get the best for Edgewater. A Lady representing VFW Auxiliary 4532 presented the City with the POW flag and requested it be flown at city Hall due to there already being one at Veterans Park. Doris Hill, 112 Lincoln Road, asked if there were enough people present to have a meeting. City Attorney Clayton stated three is a quorum. Ms. Hill asked if anything that comes up for a vote would have to have three votes. City Attorney Clayton informed her no, a majority of the quorum. Vice Mayor Roberts passed the gavel to Mayor Allman who arrived at 7:08 p.m. CITY COUNCIL REPORTS Mayor Allman apologized for being late and stated he was meeting with a citizen on Evergreen Drive who asked him to approach Council. Seeing how they will be losing some of their homes because of the reconstruction of SR 442, they have asked if it would be possible to waiver the two garage ...... ..""" sale limit per year and allow them to have more if need be. He asked that this be placed on the next agenda. Interim city Manager Hooper stated DOT contacted him today inviting him to a meeting for the 60% plans. He would be reporting back at the next meeting. Mayor Allman spoke about the meetings he has been holding on Saturdays. He stated he is hearing from the residents a need for a curfew in this town for children under the age of 18 years old. He recommended looking into the possibility of a curfew of 11:00 p.m. Monday through Thursday and 12:00 at Friday and Saturday nights. Interim City Manager Hooper asked to do some information gathering and bring it back in a work session format describing what other local entities are doing. Councilwoman Lichter feels a curfew would be a last resort. She feels generally the Middle School is up to a bit of mischief. She stated she has heard that our youth officer doesn't go to the Middle School because it is not located in Edgewater. Chief Schumaker stated our DARE Officer goes to Oak Hill and New Smyrna Middle School is handled by the New Smyrna Beach Police Department. Councilwoman Lichter asked if there would be any advantage for the officer to go to the Middle School. Chief Schumaker spoke about having to get permission from the schools. If there was a valid reason for him to go to New Smyrna other than to just be friendly with the children, that might be an advantage but he isn't sure. Councilwoman Lichter feels this should be explored. She stated it appears it is Edgewater youth committing vandalism in the parks. She feels if Officer Mumpower went to the Middle School it would be made more personal and brought home and would be more meaningful. Chief Schumaker explained Officer Mumpower is certified to teach in the elementary schools, not the Middle School. If he was to go there just to be known, he doesn't know if it would be a plus or a minus. There would have to be a valid reason for him to apply to go into that school other than to just be recognized. Councilwoman Lichter feels it wouldn't hurt to find out what the New Smyrna office is teaching. Chief Schumaker stated he is sure they are teaching whatever the curriculum is for the Middle School. She feels they should at least look into it. Interim City Manager Hooper agreed to look into this. Mayor Allman asked what does DARE have to do with kids being out after 11:00 p.m. He feels they should just get the word out. Councilwoman Lichter stated this is a separate issue totally. She is looking at an educational approach and maybe making it more personal to Edgewater youth. Mayor Allman feels the children that are going to adhere to an educational approach aren't going to be out after 11:00 anyway. Councilman Gornto had nothing at this time. Councilman Roberts had nothing at this time. Page -2- Council Regular Meeting November 16, 1998 ~ ...., Councilwoman Lichter stated on November 9th she attended the Local Government study Commission meeting. They discussed Volusia County reimbursement for services provided for the cities on County owned right-of-ways. At the last meeting it was decided Holly Hill would attempt the first draft of an agreement. She turned over the agreement and asked Interim City Manager Hooper to look into this. Mayor Allman commended Mike Blickenstaff and Councilman Gornto on a very touching, excellent speech he made at the parade grounds. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. No. 98-R-12. amendinq Subsection 10.00 (Emplovee Education Proqrams) of the Personnel Policy and Procedure Manual Interim City Manager Hooper made a staff presentation. Mayor Allman read Res. 98-R-12. Councilman Gornto made a motion to approve Res. 98-R-12, second by Councilman Roberts. The motion CARRIED 4-0. B. Res. No. 98-R-13. amending the Purchasinq Policy and Procedures Interim City Manager Hooper made a staff presentation and recommended approval. Mayor Allman read Res. 98-R-13. Councilman Gornto made a motion to approve Res. 98-R-13, second by Councilwoman Lichter. The motion CARRIED 4-0. C. First Readinq. Ord. No. 98-0-09. amendinq Article I (In General) of Chapter 2 (Administration) by amendinq section 2-5 (City Manaqer Authorized to Siqn Certain Contracts. Aqreements and Leases) Interim City Manager Hooper made a staff presentation and informed Council there would be a second reading on this in two weeks. Mayor Allman read Ord. 98-0-09. Councilwoman Lichter made a motion to approve Ord. 98-0-09, second by Councilman Roberts. The motion CARRIED 4-0. CONSENT AGENDA A. Department of Fire/Rescue requestinq approval to purchase a 1999 Ford Explorer from Sheriff's Association State Bid ($22.717) B. Police Department requestinq transfer of $1.000 from the Special Law Enforcement Trust Fund to the Police Department Councilman Gornto made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 4-0. Page -3- Council Regular Meeting November 16, 1998 ~ ~ OTHER BUSINESS A. Internet Services - Reauesting approval of aareement with CET for Internet Services Interim City Manager Hooper made a staff presentation. city Attorney Clayton passed out a sheet that has amendments to a section in the agreement that she felt to be ambiguous and she has tried to clarify the language so that it provides the term of the agreement is a year and if we terminate the agreement prior to the end of the term and we take over the existing customer base then we will pay for the value of that City base to CET with a maximum not to exceed 25% of the monthly charge up to a maximum of 12 months. That means that if we do not let the agreement expire by its term and we terminate our relationship with CET, we will have to pay a termination premium if we provide the service in place of CET. It clarifies what the intent was all along. Councilman Gornto moved for approval, second by Councilman Roberts. The motion CARRIED 4-0. B. Administrative/Interim city Manaqer services Contract - Consider approval of Addendum #4 to the Aqreement dated November 3. 1997 Interim City Manager Hooper made a staff presentation. He expressed concern with upcoming elections. Mayor Allman feels if they change horses in mid-stream right now, they are liable to go backwards. He liked Option 2. He would be very pleased if the rest of Council would join him in liking Option 2 and keeping Mr. Hooper on in the capacity due to the fact that it is within one year of the elections. It is going to be hard to get someone to sit as a full-time Manager for six months or so being uncertain whether he will be here or not after the six months. The City has come a long way under the guidance of Mr. Hooper and he feels in the next year it can come that much further if not much farther yet. The Department Heads he has spoken to are all very pleased to have him at the helm. It is his opinion to keep him. Councilwoman Lichter agreed with Mayor Allman. Most of Mr. Martinez's reasoning for full-time manager as Mr. Hooper well knows are valid, the depth of a full-time manager can not be duplicated and the living in the community can not be duplicated. However, at times you have to get practical and use common sense. She feels it is too late, too expensive, too time consuming, too political and it would not help for the stableness of this community nor its employees. She feels a full-time manager is what we really need eventually, she gives Mr. Hooper her wholehearted support. Councilman Roberts spoke about comments made earlier by Mr. Martinez regarding looking at other applicants. They looked at 170 of them earlier this year. He doesn't have a problem with this. He feels very confident with Mr. Hooper's ability to manage this community. He spoke about receiving positive feedback from the Department Heads. He feels the job is being done effectively. He has saved a lot of money in the General Budget and helped us cut taxes so he has his support. Councilman Gornto appreciated the memo Mr. Hooper gave to the Council outlining two options before them. He feels the decision that has already been made, at least three people had indicated they favor it, is the best decision for this City at this time. He favors this because it is in the best interest of the City. Page -4- Council Regular Meeting November 16, 1998 .W' ....., Mayor Allman read a memo of support from Councilman Hammond. Councilman Gornto spoke about something being said regarding it being important they live in the city. He feels it is arcane and absurd. He doesn't think you need to live here to be able to do a job. Mayor Allman stated he has had two opportunities since Mr. Hooper has been here to contact him with him not being in town. Neither time did he take three minutes to get in touch with him. He agreed with Councilman Gornto that it is arcane. Councilman Roberts spoke of the Charter giving a provision that Council can give an exception and waive the residency requirement if they find it in the best interest of the City. Councilwoman Lichter feels when the Charter was written and passed by the citizens of this community, they had an intent not only to get the very best person but to have that person be part of the community. She feels they should let the Charter Review Committee come forward and if they feel it is the time to throw it aside and if the people that elected them think it is time to throw it aside totally, that is fine. This just isn't total business. It is a neighborhood, a City, and a feeling. Councilman Roberts stated his family has been here over twenty years and he sees no problem with having an outside contracted City Manager if it benefits the community. It does not disrupt the feeling of living in a friendly and genuine neighborhood community. Councilman Gornto made a motion to approve the City Manager's position being extended by extending the current contract to November 15, 1999, second by Councilman Roberts. The motion CARRIED 4-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. 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, stated Councilman Gornto mentioned one word tonight, privatization. That is what we are talking about here. She feels the Council has privatized our government in the running of our City. We have a part-time attorney, a part-time manager. We have privatized our Engineering Department. Who knows what is coming next? The Fire Department? Mayor Allman stated no, because they have got that fixed too. He feels this equals Edgewater working well. Ms. Hill stated in your opinion, Mr. Mayor. Mayor Allman stated it is not only his opinion, it is the general consensus of this city. It is not just a handful of negative people that show up regularly complaining about each and every little thing this Council does. Councilwoman Lichter asked if it is not so that when the citizens have comments, they have a right to speak. Mayor Allman stated they have a right to speak, but he has a right to dispute what they are saying. Page -5- Council Regular Meeting November 16, 1998 'W" ...., Ms. Hill stated when the Charter was voted on, they wanted an attorney that lived in the City and a manager that lived in the City. She is not saying she doesn't approve of what Council has done because she does. She doesn't think they could do anything other than what they have done. It could have been done a different way and should have been done a different way. Mike Visconti, 316 pine Breeze Drive, thanked Councilman Gornto and Mayor Allman for the wonderful speech they gave at the Veterans ceremony. Mr. Visconti would like to know if the City has any kind of parking ordinance for trucks parking on yards on u.S. #1 and also the trucks parked between the truck stop and the gas station out by 1-95. He was told that piece of property belongs to Volusia County so therefore we can't do anything about it. He stated Edgewater is in Volusia County and feels they could do something about it. He feels it is an eyesore. He spoke about the entrance into the City also being an eyesore. Mr. Visconti spoke about a member of the Beautification Committee that resigned because of no progress being made. He further spoke about trucks parked throughout the City. He feels the Committee needs cooperation in order to beautify. He asked Council to look into this so they can beautify the City. Councilwoman Lichter asked if County Councilman Jim Ward could be contacted in terms especially of SR 442. She spoke about the entrances of 1-95 in other communities. She suggested he be contacted. She feels Port Orange is looking gorgeous and there has to be something they could put out there and plant. Mayor Allman asked that a letter be sent to County Councilman Jim Ward. Councilman Roberts suggested the representatives at large be contacted as well. City Manager Hooper stated when those beautification improvements went in the same time DOT widened SR 40. That is what you are going to see. They put up money and authorized beautification to be part of this contract. Dominic Capria, 606 Topside Circle, spoke about the Charter saying the City Attorney and City Manager should live in the city. We say we should follow it but then we don't. He feels they are talking on both sides of the fence. Andy Anderson, pine Tree Drive, spoke about seeing City vehicles riding up and down the streets. He wondered if they have been instructed to report any violations or things that aren't right in the City. City Manager Hooper stated from a staff point of view they come back if they see something that looks like a hazard, a public health and safety issue, those they report. If they are code violations, for the most part they are not aware of the codes in that level of detail. There is a group being cross-trained to do similar to what Mr. Anderson was talking of. ADJOURNMENT There being no further business to discuss, councilman Gornto made a motion to adjourn. The meeting adjourned at 7:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting November 16, 1998