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06-15-1992 - Regular .... ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 15, 1992 COMMUNITY CENTER MINUTES CALL TO ORDER vice Mayor Louise Martin called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE At that time, vice Mayor Louise Martin asked for a moment of silence. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of May 28, 1992 Councilperson Gillespie moved to accept the minutes. Councilman Jones seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS None CONSENT AGENDA A. utilities Director's request to solicit bids for new altitude valve for Florida Shores elevated water tower B. Chanqe Order No. 1 to Water Transmission Main proiect with decreased cost of $2.281.43. authorizinq final payment and contract closeout. C. Police Chief's request to purchase publications for ~romotional exams from law enforcement trust fund ($927.30) Councilman Hays moved to accept the Consent Agenda. Councilman Jones seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Attorney Harold Hubka to present petition on behalf of United Taxpayers of Edgewater Attorney Hubka asked to defer that. Mr. Keenan was bringing the petition and had not arrived yet. Vice Mayor Martin stated it would be moved to the end of new business. Presentations by consultina enaineer and property owner representatives concerninq proposed special exception for a landfill/recyclinq center and borrow pit on site adiacent to city wells Mr. Karet asked this item be delayed as well due to Mr. Ferland and Mr. Barns of Dyer, Riddle, Mills & Precourt not arriving yet. They expected there would be some lengthy delay as a result of the first presentation. ,., ...., Chanqe Order No. 3 for Florida Shores Infrastructure Phase 1 proiect in amount of $86.546 This item was moved to discuss later in the meeting. Library Board's recommendation to suooort fundinq for library construction with restructurinq of reqional library conceot Jim Wheeler, Volusia County Library, stated Mary Rice was present from the Library Board if Council wanted her report. At this time Mary Rice stated at a special meeting of the Library Board they recommended the support of County wide tax. She stated the Library Board voted to accept alternative three. Councilman Hays asked Ms. Rice why the Library Board took the position it did. Ms. Rice explained. Mr. Wheeler stated the County construction tax would be there when Edgewater needed it for any further capital improvements or capital maintenance of the building. councilperson Gillespie stated she had problems with this. She feels we are taking care of our own Library. She feels if a regional library is going to be build why not have it in New Smyrna Beach. (o"..dh" ~" :J.', ~'I"L ",I" sl"- Mr. Wheeler stated the report provides for each City to make their own recommendation and now would be the time for the Council to say where they would like to see it sited. Councilman Hays was surprised at the recommendation of the Board. He is not sure he totally agrees with it. He feels the City has done an excellent job with our own library system. Councilperson Gillespie stated she would like to see this go on the ballot. There was further discussion on this item. Councilman Jones agreed with Councilman Hays and Councilperson Gillespie. He feels they need to do more research on this. Councilperson Gillespie moved to reject the proposal totally, seconded by Councilman Hays. Motion CARRIED 3-1. Councilman Jones voted NO. Desiqnation of votinq deleqate at Florida Leaque of cities annual convention in Miami Auqust 20-22. 1992 Councilperson Gillespie nominated Councilman Jones, seconded by Councilman Hays. Motion CARRIED 4-0. Aooointment of member to Parks and Recreation Board due to exoiration of term of John Cory Councilperson Gillespie made a motion to reappoint John Cory, seconded by Councilman Jones. Motion CARRIED 4-0. Consider suooort of leqislation to remove communication restrictions between elected officials and their constituents city Attorney Krista Storey addressed Council on this. councilperson Gillespie asked if it would be sufficient if Council unanimously asked to have a letter sent addressing this issue verses a resolution. Page 2 Regular Council Meeting June 15, 1992 ~ ~ City Attorney storey stated she doesn't know who the letter would be addressed to. It would have any more effective so a resolution would certainly be appropriate. Mr. Karet commented it relates to policy as opposed to City Attorney storey's comments relating to legal issues. He stated the situation as it exists today is certainly unfair. George Ewing, Royal Palm Drive, presented questions to the Council which City Attorney storey answered at this time. city Attorney storey stated it would be in the best interest of Mr. Ewing and the City if he didn't get involved in discussions of these types of issues after the fact. Councilman Jones made a motion to have this item put into a resolution and be brought back to Council, seconded by councilperson Gillespie. Motion CARRIED 4-0. vice Mayor Martin stated they could return to new business at this time. Attornev Harold Hubka to present petition on behalf of the United Taxpavers of Edqewater Attorney Hubka gave his presentation at this time. Attorney Hubka stated he is here on behalf of several individuals who have signed a petition formally requesting the City take a look at its authority under the ordinance that it adopted when it first created the special assessment district for the Florida Shores area. Attorney Hubka stated he has been asked to look at the issue of the Advanced Wastewater Treatment facility. It would appear from the ordinance that was adopted that the only area of the City that is specially benefitted from the new plant is the Florida Shores area because that is the only area that is being specially assessed. Attorney Hubka stated every area that is being benefitted should be included in a special assessment district and assessed its fair share pro-rata portion. Attorney Hubka stated he has spoken to staff and they have been very cooperative. Attorney Hubka stated they will be back asking Council to consider and adopt an amendment to the resolution which fairly assesses all properties that are specially benefitted. Attorney Hubka presented the petition at that time. vice Mayor Martin stated she has accepted the petition. Presentations bv consultinq enqineer and property owner reoresentatives concerninq orooosed soecial exceotion for a landfill/recvclinq center and borrow pit on site ad;acent to city wells community Development Director Mark Karet stated a special exception has been applied for in the County to allow an excavation and Class III landfill with recycling activity on a 40-acre parcel located west of 1-95 on the south side of Possum Creek Road. Mr. Karet reminded Council that a hearing for the special exception will be held before the County's Appeal DRC on July 14, 1992. Page 3 Regular Council Meeting June 15, 1992 ..... ...., Pat Burns, Dyer, Riddle, Mills & Precourt, gave his presentation at this time. Mary Hansen, Storch, Hansen, & Morris, stated she represents the land owner and the company proposing to operate the recycling facility. Mary Hansen gave her presentation at this time. She stated the minimal burden is on us to show that we have met the conditions that would make us entitled to the permit. Mary Hansen asked the Council to work together and not to limit Larry McCaskill unnecessarily in the vest to protect the water supply. She stated there are a number of uses allowed under the agricultural zoning on the property that have far greater potential for harm. Ron wilson, 900 Foxvalley Drive, Longwood, Florida, gave his presentation at this time. Mr. Wilson handed out a packet on Solid Waste Management Facilities. He stated the concern is that if an impurity gets in the water as a result of the construction and demolition debris landfill that it will migrate to the east. Actually according to the records of the USGS it will migrate to the south/southeast. He recommends the installation of the three monitoring wells and that they be tested on a monthly basis for impurities. There was then discussion about a mesh liner that prevents water from running anywhere. Councilperson Gillespie asked if this had ever been looked at. Mr. Wilson answered at this time. Mary Hansen stated a junkyard is a very different option and she doesn't want Council to get the wrong impression. Mr. Karet presented pictures to Council at this time. vice Mayor Louise Martin called a recess at 8:01 p.m. The meeting reconvened at 8:06 p.m. Pat Burns then spoke about ground water monitoring wells which are typically used to detect contamination from any number of facilities that can contaminate ground water. The primary problem is that once you detect contamination, it would have already been in the aquifer system. It is essentially too late when you detect it. John Thomas, 2418 Juniper Drive, stated it is his understanding this is going to be a recycling center for demolition and construction debris of road material. He stated he happened to see an ad in the telephone directory that they were going to solicit for metals, aluminum cans, used cars, and landscape waste. He asked if all these things have a potential for polluting the aquifer. Mary Hansen stated that facility is operating in East Orange County on State Road 50 and that solicitation was for materials up here for that facility down there. This is not for any operation in Volusia County. Norman Billups, 1868 pine Tree Drive, stated some materials that were going to be used were road materials for recycling. He stated a majority of the asphalt is cancer producing. Page 4 Regular Council Meeting June 15, 1992 ~ ~ vice Mayor Martin stated Florida ground water level is dropping and will continue to drop. You can't blame City of Edgewater for trying to keep water we have and protect what we have and she knows how it would benefit Edgewater. How would it be policed as to what goes in the area. Mr. Burns gave explanation to vice Mayor Martin's question. He asked Mr. Ferland to list the things that can not be accepted at a C & D Landfill. Mr. Wilson stated some of the material in the pictures, and a lot of the crushed up aggregate, came out of the demolition at Orange Memorial Hospital in Orlando. He explained a state stormwater permit that is required by DER that you have to have that is issued by the DER to st. John. He stated the USGS in Altamonte springs will be at the hearing for the County on July 14th. Councilperson Gillespie asked about Solid Waste Management Facilities section 17-701 which Mr. Burns explained to her. vince Snow asked if this can become a permanent landfill? Mrs. Hansen stated yes it may become a permanent landfill if bankruptcy occurred. She stated the County requires a 150-foot buffer but it does not have to be a landscape buffer. Gehetf~ Dr. Charles Geplon; stated some of the asphaltic materials are potentially dangerous. He listed other dangerous materials and stated he didn't see logic behind this. will Anderson, pine Tree Drive, feels this will be nothing but problems. Councilman Jones asked if this is old asphalt they dig up and recycle. Mrs. Hansen stated it is chipped into an aggregate and put into truck loads that are taken off site. Councilman Jones stated he strongly objects to anything of the nature going near our wells. Councilman Jones made a motion to strongly object to this, seconded by Councilman Hays. Councilman Hays stated he does see a need for recycling areas but this is not the place for it. He stated the City and Water Coop should stand in opposition to this landfill. He asked that the City file an objection with DER. councilperson Gillespie asked if they wanted to vote on that amendment because Councilman Hays asked for a letter to be sent to DER objecting the permit, seconded by Councilperson Gillespie. Motion CARRIED 4-0. Chanqe Order No. 3 for Florida Shores Infrastructure Phase 1 proiect in amount of $86.546 Ron Ferland, Dyer, Riddle, Mills, & Precourt, gave a brief explanation of Change Order #3. He then explained all changes. Councilman Hays stated this is in the overall project. It is an over-run on this phase but would have been paid for in the other phases. George Naill, Royal Palm Drive, stated Mr. Ferland commented on a requirement to correct the drainage from the new entrance point into the public fork area for $17,000. He asked how this was being funded. Page 5 Regular Council Meeting June 15, 1992 ..... ....." City Engineer Gates Castle gave his reports on the additional pipes. Councilperson Gillespie asked if the staff could look into the possibility a partial cost thereof would be stormwater eligible. City Manager George McMahon stated they could look into it, however, that would have been done if it hadn't been for the Capital Improvement Project. Mr. Naill stated this is a stormwater problem and should be paid for out of stormwater funds. Councilman Jones made a motion to accept Change Order No.3, seconded by Councilman Hays. Motion CARRIED 4-0. Imoosition of water restrictions Councilperson Gillespie asked Mr. Wadsworth to explain page 25 of the paperwork they received. She asked how they came up with no address. If they have no address they water on Tuesday, Thursday, and Sunday. We have an ordinance that says everyone has to have a house number. Mr. Wadsworth stated this was taken from a model ordinance. The rational was, in some cities, only if you have industrial centers they aren't always addressed. councilperson Gillespie asked if they go with the new ordinance will this be omitted. Mr. Wadsworth answererd it doesn't really hurt leaving it in the body of the ordinance. Mr. Wadsworth stated if Council wanted to go ahead and enact Phase I Modern Water Shortage Restrictions they could do that. We do have printed materials we can utilize now to go ahead and enforce that. There was then some further discussion on changing watering hours. Councilman Jones stated there is no problem with the existing schedule and he doesn't think we need to put more restrictions on the citizens. Pete Hellsten, 1717B South Riverside Drive, spoke about water use. He stated we should conserve water because if they don't take the measures now, and start saving water for the future, we aren't going to have water in the future. Councilman Jones stated the restrictions are established because they are watching out for our water. He stated he doesn't see people in Edgewater wasting water foolishly. Determination of too oriorities for consideration in orooosed new budqet Each Councilmember listed their top priorities for the next proposed budget. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: Ord. 92-0-10 Occuoational license for home maintenance and reoair Page 6 Regular Council Meeting June 15, 1992 ~ ...",., vice Mayor Martin read Ord. 92-0-10 Occupational license for home maintenance and repair. Bob Howard, Chairman, Building Trades Regulatory & Appeals Board, spoke on the problems regarding the Handyman license and people classified under Handyman going over the boundaries of their license. Mr. Howard answered questions of the Council at this time. Councilman Hays made a motion to approve Ord 92-0-10, seconded by councilperson Gillespie. Motion CARRIED 4-0. Ord. 92-0-11 Increasinq the fee for dishonored checks from $15.00 to $20.00 vice Mayor Martin read Ord. 92-0-11 Increasing the fee for dishonored checks from $15.00 to $20.00. City Attorney storey gave an explanation for this increase. Councilperson Gillespie made a motion to accept Ord 92-0-11, seconded by Councilman Hays. Motion CARRIED 4-0. SECOND READING: Ord 92-0-7 Enclosures for swimminq oools. whirloools. soas and hot tubs Vice Mayor Martin read Ord. 92-0-7 Enclosures for swimming pools, whirpools, spas and hot tubs vice Mayor Martin opened the public meeting. Gigi Bennington, 121 Virginia street, asked questions referencing Ord 92-0-7 which City Attorney storey. Ms. Bennington stated she feels a screen enclosure is a safety problem because a child can go right through a screen enclosure. There was further discussion on screen enclosures. Thomas Hager, 3032 Mango Tree Drive, feels a 4' fence is too low. He stated a fiberglass screen room is very hard to punch through without a device to cut it. He stated he would like to see the 4' height changed to 6'. Joe Martin, Chairman, Industrial Development Board, asked if this ordinance addresses indoor pools, which City Attorney storey answered. Carol Greene, 1711 Starboard, asked if a wading pool is included which City Attorney Storey explained. At this time, city Attorney Storey addressed the issue of height on fences. Don Masso, 317 Pine Breeze Drive, asked what happens if you raise the fence to 6' high and the covenance and restrictions of certain development file with the County and says no fences above 4' can be built. City Attorney storey addressed this point. Fire Chief Bill Vola stated to his knowledge, there has never been problems with a 4' fence. Dick Jones, 1530 Sabal Palm Drive, asked what had occurred to require all this protection. He stated the parents need to realize they have a child there and they should be protecting that child. Page 7 Regular Council Meeting June 15, 1992 ~ ~ At this time, Vice Mayor Martin closed the public meeting. Councilperson Gillespie made a motion to accept Ord. 92-0-7, seconded by Councilman Hays. Motion CARRIED 4-0. UNFINISHED BUSINESS Roy Schleicher. Executive Director of Volusia Council of Governments. and Georqe Musson. Mayor of New Smyrna Beach. discussion re: Volusia city-county Water SUDDly CooDerative George Musson, Mayor of New Smyrna Beach, asked Council to relook at dropping out of Volusia City-County Water Supply Cooperative. He asked they remain in the Co-op. Mr. Musson continued with a presentation about the Co-op. He asked Council to rethink the action on the Executive Director that is being proposed. Roy Schleicher, Executive Director of Volusia Council of Governments gave a brief explanation on the Volusia City-County Water Supply Cooperative. He asked the Council to reconsider remaining members in the Co-op and give the new Water Resource Manager a chance to make it through the year. Mr. Schleicher answered questions from the Council at this time. councilperson Gillespie stated she feels a salary of $55,000 is too high and she felt they could have found a capable person at a smaller salary. She did not like the fact he wanted to have his realty job on top of that. Councilman Hays stated there seems to be a conflict in the contract itself. He spoke on the new Water Resource Manager also performing realty. Mr. Schleicher stated he suggests that concern be passed on through Mayor Wessler to the Co-op. Councilman Jones asked if the Co-op is going to be at the July 14th meeting at the County objecting to a landfill being near a water well. Mr. Schleicher stated he was unaware of that until sitting through this meeting. Councilman Jones stated he feels they need to negotiate and look at this. He also feels they need to continue on and let concerns be known they are not happy with the contract. Mr. Schleicher stated what is being asked of Council is for the same assessment of $10,000 that has been made in years past.This amount is not increasing because of the cost of an employee. He went on to explain some projects the Water Resource Manager will have. vice Mayor Martin stated $70,000 a year is a lot of money for a new Co-op to bring in somebody of that nature. She feels there must be somebody available at a lower salary that would do the job and have no other interests. Mayor Musson stated the original concept was that all cities would maintain their own well systems but they may want to jointly, for future projects, join together and do some that may be on a cost saving basis but you would still maintain your own system. Page 8 Regular Council Meeting June 15, 1992 ~ ~ Councilperson Gillespie stated she doesn't want to go to bond and she doesn't want someone taking over the waterfield. She wants it beneficial to her citizens but she wants their wells and water supply protected. Mr. Schleicher stated he thinks it is important that everyone remains a part of this. councilperson Gillespie made a motion to reconsider the previous decision of the Council, seconded by Councilman Jones. Councilman Hays stated he does not see where the Co-op is useful to the City. Councilman Jones stated they need to reconsider and be involved in this process. If it doesn't work, they can get out at any time. He asked Council to remain in the Co-op. Mr. Schleicher stated it is his guess that the Co-op will vote to approve the contract. He stated the $10,000 commitment would have been requested whether an employee was hired or not and everyone really understands this is a one year commitment. Motion DIED 2-2. Vice Mayor Martin and Councilman Hays voted NO. Doris Hill, Lincoln Road, asked what happens if we do drop out. Is there any reason they can't get back in? She stated maybe they should vote again. Councilman Jones stated it is not going to cost them anymore money. Councilman Hays stated he will reconsider his vote. He stated he doesn't want to see the city completely out of the Water Co-op. He stated, if at budget time there are not significant changes, he will fight it. Councilman Jones made a motion to bring the previous motion back to the floor, seconded by Councilman Hays. Motion CARRIED 3-1. Councilperson Martin voted NO. Councilman Hays stated they need to make two motions and one is to deny support of the contract. city Attorney gave them an explanation of what they need to do. Councilman Hays made a motion to remain in the Water co-op until the end of term, seconded by Councilperson Gillespie. Motion CARRIED 4-0. councilperson Gillespie asked who will serve on the committee that Gates has been serving on. city Manager McMahon stated that would be up to the Council. city Manager McMahon stated he would be happy to appoint someone from staff to attend. Dominick Fazzone, 302 Paradise Lane, stated they have citizens who are engineers who will volunteer. City Engineer Gates Castle stated this committee is made up of various staff representatives. He stated prior to him coming to Edgewater, Mr. Wadsworth served on it. Mr. Castle stated it needs to be a staff member. Councilman Jones asked when the next Co-op meeting is scheduled. He stated he would like someone there to object to the landfill. He wanted a note made to ask the Mayor to request their support. Page 9 Regular Council Meeting June 15, 1992 ..... ..... Council/Officers ReDorts city Attorney City Attorney storey had nothing at this time. City Manaaer City Manager McMahon had nothing at this time. city Council Councilman Havs Councilman Hays stated he would like to call a special meeting to review the citizens Council Advisory Committee and determine direction and action on this. This is in reference to their meeting on June 9, 1992. The Council decided to meet on Tuesday or Wednesday of the following week in the evening to discuss the citizens Council Advisory Committee. Councilman Hays then commented on the Florida League of cities legislative bulletin. He noticed the voter control of city taxes resolution has passed. Councilman Hays stated he got a phone call from a concerned citizen about hooking up to the sewer. He stated they need to remind people what the procedure will be, what the estimated cost will be and also who is certified and bonded to provide the services. Councilman Jones Councilman Jones added another priority to his previous list to replace the chairs in the Community Center. vice Mavor Martin vice Mayor Martin stated at the citizens Council Advisory Meeting tape from June 9, 1992, snide, derogatory and inflammatory remarks were made concerning the Consulting Engineer, the CIP, Council, certain members of staff, certain areas of town, and the new Charter. She stated as she sees it the board is moving away from its original concept as an advisory to the Council and becoming more a political football. She feels real sorry that she voted to keep the board in its present content. Councilperson Gillespie Councilperson Gillespie stated a few months ago they spoke about new horizons. She stated they were going to go forward and go forward positively. She stated if the Committee stands, the Council can give them a charge to bring forth on paper the positive about Edgewater. Questions from the Press The Press had no questions at this time. citizen Comments Joe Martin, Chairman, Industrial Development Board, asked about funds being available for the Golf Course. Page 10 Regular Council Meeting June 15, 1992 .... ~ Dominick Fazzone, 302 Paradise Lane, stated it disturbs him when one of the advisory committee's to this Council has brought up items pertaining to what is wrong. He stated this council and staff are the best they have had in eight years. He stated he is on an advisory committee and they are not supposed to talk about what has happened, they are to talk about what is going to happen. He stated they should support everyone instead of trying to put their doings down. Dick Jones, 1530 Sabal Palm Drive, Chairman, citizens Council Advisory Committee, took acceptance to Mrs. Martin's remarks. He stated the Committee is not taking a negative approach to any activities that are being referred to them. He stated the City Charter did not pass with an overwhelming mandate. He stated they felt County Council is taking more control of their cities and they gave a vote of confidence to this Council to stand up to the County Council. Clifford Clark, 1818 Evergreen Drive, stated a man he has been having problems with has contacted the Code Board that he is out of compliance because of sprinklers he has on City right of way. He stated they are back a good eight feet from the road and he does not see a problem with them. He stated he does not know of any Code that prevents them from being there. He stated he has been cited and has refused to take them up. He stated if it is an interference, he will consider it but he sees no sense in moving them. City Attorney storey stated there is an ordinance that addresses things in the right of way. Mr. Clark also stated he understands there are no regulations or restrictions in regard to how close to a lot line someone may plant trees or shrubbery. Councilperson Gillespie stated they did address that in the tree ordinance. Community Development Director Mark Karet informed Council that planting materials that form barriers can be placed right on the line. Mr. Clark stated he would also like Council to consider the ordinance regarding grass and weeds being able to grow up to 24". He stated the County has a 12" regulation. councilperson Gillespie stated that his situation with a neighbor is a private matter. She stated as long as the tree meets the requirements it is there. ADJOURNMENT Councilman Jones made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 10:45 p.m. Minutes submitted by: Lisa Kruckmeyer Page 11 Regular Council Meeting June 15, 1992