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12-21-1998 - Regular 'W' 'W CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 21, 1998 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. PRESENTATIONS A. Introduction of new firefiqhters Fire Chief Tracey Barlow introduced the eight new firefighters, Jason Haynes, Ron Hayward, Shellie Steven Negedly, David Newell, and Jason Revoldt. and Jeff Lariscy were not present. Lewis, Don Jones Mayor Allman also commended Carmel Shearer and Joe Daly. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY George Ewing, 2923 Royal Palm Drive, asked about changing the titles of people from supervisors to department directors. city Manager Hooper stated yes and explained the people in these positions have been in the positions and have done the functions for many years. We are making consistent across the board as department directors for those that are in charge of a budgetary function and a particular department. They are doing everything within the rights of a department head but they have not been named so in the past. Mr. Ewing asked how many directors the City currently has. city Manager Hooper said he thinks there is a total of nine. Mr. Ewing thinks the citizens should be told how many directors the City has and what their function is. Mr. Ewing went on to speak about the residency rule in the Charter and Code of Ordinances for department heads. He feels Council should take residency into consideration and particularly with department heads and directors. "-" ..., Councilwoman Lichter asked Mr. Ewing about information Council received from the Charter Review Committee and being very firm on the City Manager residing within the community and a possibility of a waiver of the residency requirement with the other heads. Mr. Ewing stated he thinks the City Manager definitely should be a resident of the City but he can understand why Council retained the present City Manager. There has been a lot of discussion regarding residency and the Committee is not unanimous on that. There is a lot of conflict with regard to residency. Councilman Roberts stated Mr. Ewing mentioned when the Charter was voted on, it was very much in favor of the residency requirement, the way the Charter was written. He stated if the people voted with the clause in there and support the fact that Council has the right to waive that requirement, if they felt so strongly about the residency requirement, then why was that clause left in there and approved by the voters. Mr. Ewing stated he questioned if the citizens really knew that was in there when they voted on it. There was further discussion regarding whether the residents knew the waiver clause was being voted on when they voted on the residency requirement. City Manager Hooper stated these are not new hires, these are folks who have been with the City for many years. Mr. Ewing doesn't want to set a precedent where there will be department heads hired from outside the City without moving into the city. Councilwoman Lichter feels they have to actually state that they waive their appointments. She referred to section 2-78 of the Code of Ordinances. She feels Mr. Ewing is right about the intent and new hiring. Councilman Roberts feels this shouldn't hold up a promotion from someone who has earned their position. Mr. Ewing feels they should be very careful about how this is handled. Dick Martinez, 317 Schooner Avenue, stated he would repeat what Mr. Ewing said. He understands that we have some employees who are being promoted and it may be a hardship to require them to become residents of the City. But still we have to respect the spirit of the Charter and what the ordinance says. He feels it is starting to look like most of our department heads don't live in the city anymore and the Council has a responsibility and obligation to respect what the Charter and ordinance requires as far as residency. He feels this Council is ignoring the City Charter. CITY COUNCIL REPORTS Councilman Roberts had nothing at this time. Councilwoman Lichter updated the Council on the community expo for Senior Services on Friday, January 29th at 11:00 a.m. at Daytona Beach community College. She spoke about a brochure for seniors regarding who to call when they need help. Councilwoman Lichter spoke of a gentleman on Juniper who has a legitimate concern about the vacant lots in the City that are overgrown. She feels this could be a potentially dangerous situation. She spoke to City Manager Hooper and he agreed to get with Fire Chief Barlow and map out where the vacant lots are located. Page -2- Council Regular Meeting December 21, 1998 .. ""'" Councilwoman Lichter spoke about the trucks parked on SR 442 out by 1-95. She suggested contacting New Smyrna and Port Orange to see what they do with the trucks of people that live in the community. City Manager Hooper agreed to look into this. Mayor Allman had nothing at this time. Councilman Gornto had nothing at this time. Councilman Hammond had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS There were no public hearings, ordinances and resolutions. CONSENT AGENDA A. Board Appointment - Councilwoman Lichter's appointment to the Police Pension Board due to the term expiration of Ruth Garvey. Ms. Garvey reauestina reappointment. Councilwoman Lichter reappointed Ruth Garvey to the Police Pension Board. B. proiect Graduation 1998-99 - Reauestina donation of $500 C. Volusia County Police Chief Association - Reauestina donation of $500 to assist with expenses of the 1999 Florida Police Chief's Summer Conference Councilman Roberts made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Uniform Crime Reports for 1997 - Assessment of statistical data Police Chief Schumaker made a staff presentation. He went on to speak about the residency requirement. Councilwoman Lichter asked Chief Schumaker if there is any kind of auxiliary that can work effectively or legally with the Police Department. Chief Schumaker explained they have one person who works on occasion but they have found that not to be particularly successful in police work. Mr. Ewing spoke about in 1988 after the citizens passed the residency requirement the Council voted 3-2 to rescind it but this would not apply to residency in 1992. Mayor Allman feels the way to resolve this whole matter would be when the Charter Committee goes before Council with their recommendations. He personally has the best interest of the City in mind and will use his vote to waive if he feels the people we have are the best we can get and are doing an excellent job. B. Reoraanization/Reclassification - Reauestina approval concernina the recommended chanaes. and waive residency reauirements (Section 2-78) for Personnel Director. Plannina Director and Buildina Director. City Manager Hooper made a staff presentation. there are eight department heads at this time. that they continue with the reorganization that on August 7, 1998. He clarified He asked was started Page -3- Council Regular Meeting December 21, 1998 . ..."" city Manager Hooper elaborated on recommended changes with regard to the reorganization/reclassification. He asked Council to look at this and authorize the changes that have been requested. Councilwoman Lichter asked to discuss the financial situation in terms of the changes. The total being $13,060. This money is within the current budget allocation and will not require and transfer of funds. Councilman Gornto moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. C. Eckerd Druqs Final Plat Approval - Recommendinq approval of final plat for a three lot subdivision. City Manager Hooper made a staff presentation. staff recommends approval of the plat. Councilman Roberts moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Allman read a letter regarding Ms. Plaskett from Governor Lawton Chiles prior to his death. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Attorney Clayton stated the Charter Review Committee has had its last meeting and they have final draft of a Charter they wish to propose to Council. They would like to request a time within Council's scheduling to meet with Council to present the report and discuss its contents. She asked Council to look at their calendars for January. City Manager Hooper commented on his request to reschedule and cancel meetings in January. If this is approved by Council, they could start the meeting on January 11th at 6:00 p.m. with the Charter Review Committee and have the regular meeting immediately following. Council was in agreement. city Manager Hooper agreed to send out a notice to do such. It will be a joint work session. The Charter Committee wants to speak to Council and describe what they have proposed and why they have proposed it and have some open interface with that. City Manager 1) Reschedule the January 4. 1999. Council meetinq to January 11. 1999. Cancel the January 18. 1999. Council meetinq due to Martin Luther Kinq holiday. This item was discussed earlier in the meeting under City Attorney Reports. 2) Donation of two city surplus patrol vehicles to Dixie County Sheriffs Department City Manager Hooper made a presentation regarding his request. This County is undergoing some hardship right now. Councilwoman Lichter moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. Page -4- Council Regular Meeting December 21, 1998 ~ ~ 3) YMCA Update City Manager Hooper elaborated on a rough working draft done by himself and two members from the YMCA board. He spoke of the money the YMCA has raised toward a YMCA in Edgewater. Because of the season and the timing, they have been unable to come back and bring back to the table a half a million dollars to a million dollars. They met with him to describe a scenario they are working diligently to do. He further commented on what they are planning to do. with Council's concurrence, he wants to propose to the YMCA they come to the January 11th meeting to describe this scenario with this contract. Councilwoman Lichter asked if they do a phasing type of approach, is the original plan going to be the first one they were going to build by themselves or is the original plan going to have in it the extras we were going to have if the Y was with us. City Manager Hooper stated the plan will have the footprint of the building as proposed with the City plus YMCA. The City will pay the amount it was going to do if it were going to be only the city's. The YMCA will pay for the increased sizing of that. As long as they have the money and depending on the timing, we will construct it at the same time. By having a phased design, you can either build the smaller building and have it expandable to a larger building when the YMCA comes up with the cash or leave it at the smaller one and either contract with the YMCA to operate it or operate it ourselves. The $50,000 per year that has been discussed is not in this agreement. That would only kick in if Council is willing to but also if at the time there is a full fledged joint operation of privatization where they are actually doing something for the City to operate that building. Councilman Roberts asked if we still have a commitment from the Hospital Board on the money they had talked about. city Manager Hooper stated the Hospital has told him they are committed. The Hospital would like for the YMCA to be a partner and they would like to understand the contractual arrangements between the City and the YMCA before they take it to their board. Councilman Hammond stated one of his customers was at one of the banks and he got a pam~hlet stating that the YMCA is still going to build on 10 h street. He is all for the Y but it seems like they are walking a couple of lines. City Manager Hooper stated he had the YCMA representatives in the office and asked that question point blank. They assured him their first choice is the City of Edgewater on our property and to comply with everything that has been described. Councilman Roberts stated that flyer has been around for quite some time. He thinks they were printed before the City started working with the Y. Councilman Hammond stated the problem is they are still passing them out. Dick Martinez, 317 Schooner Avenue, stated it is his understanding what city Manager Hooper is proposing is that the City would sign a contract with the Y going forward and not knowing if the Y would be able to participate. City Manager Hooper explained he is showing them the draft of the contract and describing the conditions in which the city could go forward. When this would be signed by the YMCA and the City those conditions would be known and if the YMCA couldn't come up with the money then the contract goes away. Page -5- Council Regular Meeting December 21, 1998 'P ..., Mr. Martinez stated they were told there would be some condition where they would go forward 12 to 18 months where they would be able to join us but we would be starting construction so apparently what you are saying is we would be entering into an agreement with them of some kind where they don't have the money but we are spending our money. city Manager Hooper explained on the facility the City wants to build independent of the YMCA. Mr. Martinez asked if this is going to be done on January 11th or where are they going with it. City Manager Hooper explained the YMCA will be in front of the Council. If they or the Council are not ready to commit, it will be scheduled then for a public meeting where they will vote on this. Mr. Martinez asked about plan A and plan B and wondered if they are still actively looking at plans B & C, in other words, excluding this City and going with other partners. City Manager Hooper stated the primary plan is with the City of Edgewater. If that doesn't work, he believes they would be looking at other options but they have made it very clear they want to join partnership with the City on the 26 acres. Councilman Roberts stated either way our primary plan is to provide a recreation center for our people and we have the funds to do so whether we are on our own or with the Y so the City benefits either way. Ed Keenan, 1905 pine Tree Drive, feels the YMCA should start a fund drive with discounted tickets that would be good for up to a year and he feels they could raise a lot of money with that right off the bat. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, asked if it is possible to approve of a gentleman who filled out an application to serve on the Beautification & Tree Committee and appoint him tonight. By the time the next meeting comes around it will be in another two months. We have lost two members of the Beautification Committee in the last two months. City Manager Hooper explained it needs to go through the process. They can put it on the meeting for January 11th. ADJOURNMENT There being no further business to discuss, Councilman Roberts made a motion to adjourn. The meeting adjourned at 8:04 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting December 21, 1998