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06-01-1992 - Regular ~ ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 1, 1992 Minutes CALL TO ORDER Mayor Wessler 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 Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Mayor Wessler announced that Dr.Sharp of the Christian Life Center had an emergency and will not be able to deliver the invocation. She asked for a moment of silence. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reaular Meetina of May 18, 1992 Councilman Hays moved to accept the minutes. Councilperson Martin seconded the motion. Councilperson Gillespie commented, for the record, when the recess was taken, it was done so that she could confer with the gentleman privately. Motion CARRIED 5- o. CITIZENS COMMENTS Monty McMullin, 502 Halyard Circle, Edgewater Landing, congratulated the Council and the Charter Review for the work well done regarding the charter. CONSENT AGENDA A. citizens council Advisory committee's reauest to budaet $500 to run water tests re: reinstatement of swimmina at Menard-May Park. B. Amendment No. 1 to DER Grant Aareement. Councilperson Martin moved to approve the items on the Consent Agenda. Councilman Jones seconded the motion. Councilperson Gillespie questioned whether the budget amount for the water testing will be what is needed to correct the problem or will this be budgeted subject to the correction? Mayor Wessler asked City Manager McMahon if we will be throwing money away by doing the testing, if the outfall is not going to be fixed? City Manager McMahon explained the outfall pipe is not the only source of pollution out there and, even if it is corrected, the tests results may not prove to be valid in terms of allowing swimming anyway. Councilman Jones agreed with Mr. McMahon and reviewed some of the other pollution problems that he has been made aware of. Mr. Jack Corder, Parks & Recreation Director, reported that Mr. Lee Faircloth with the County Health Department informed him that there would be a problem issuing any swim permit as long as the outfall is operational, whether it is damaged or not. Mr. Corder's opinion about the testing is that it may be premature, if the permit is not going to be issued as long as the outfall is there. '-" ,..., Councilman Jones suggested a possible meeting with this Council and the proper County officials, because we can not get a clear answer from them. Councilman Hays expressed his lack of understanding in stopping the swimming there, when people can take their boats five feet off the shore and water ski, swim, etc. He asked how the Riverwalk Project would cause any further pollution? Mr. Corder answered that he has a letter from the County stating there will be no adverse affect towards this environmental issue from the Riverwalk construction. He explained the materials being used have been chosen with this in mind. There was discussion about when the water testing began, and when and why the swimming was stopped. It was the consensus that we should go ahead and run independent tests. Dick Jones. 1530 Sabal Palm Drive, Chairman of the citizens Council Advisory Committee, explained the recommendation sent to the Council by the committee. Norman BilluPs. 1868 pine Tree Drive, expressed his opinion that any money spent on allowing swimming in this polluted water will be money thrown away. Things should be left alone the way they are. Upon roll call vote the motion to accept the consent agenda CARRIED 5-0. NEW BUSINESS A. Edqewater Volunteer Firefiqhter's Association request for $5.000 donation for Annual 4th of Julv Fireworks displaY Mayor Wessler commented on the disappointing fireworks display that was put on last year. Georqe Barlow. 2114 Lime Tree, explained the same company is shooting the fireworks this year and they have guaranteed they will put on a much better display. He feels confident in their word. Mayor Wessler suggested next year the city of New Smyrna be contacted to see if they will contribute to the costs of the fireworks since they share in the enjoyment. Councilperson Martin moved to approve the request and take the money from unappropriated funds. Councilman Hays seconded the motion. Motion CARRIED 5-0. ......~. B. citizen Code Enforcement Board's request to reinstate a second Code Enforcement Officer. Mr. Georqe Cowan. Chairman of the Code Enforcement Board, explained it was the consensus of the board to request Council to reinstate the second Code Enforcement Officer to make inspections. Since we are just waiting for complaints the board is only receiving one or two complaints per meeting. Mr. Mark Karet, Director of Community Development, explained the Council's options regarding this position. He went over the process followed in the Code Enforcement system currently compared to the previous process. There were various comments made by the Council members. It was agreed to continue on the present system as previously voted upon until the stated trial period is over. -2- Regular Council Meeting June 1, 1992 '-' .."", c. ADDointment to citizen Code Enforcement Board to reDlace Richard Jackson Councilperson Gillespie explained a misunderstanding Mr. Jackson had regarding his appointment, and informed the Council that Mr. Jackson would like to remain on the list as wanting to serve at a later date. Councilperson Martin appointed Aimee H. Mason. Everyone was in agreement. D. ADDointment to citizens council Advisory Committee to reDlace Sandra Smith It was the consensus of the Council that this vacancy should be readvertised so they could have more applications to review. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: A. Ord. 92-0-8 Prohibitinq Sale of Ciqarettes in Automatic Vendinq Machines where Minors are Permitted. Councilperson Gillespie moved to accept Ord. 92-0-8. Councilman Hays seconded the motion. Mayor Wessler read the Ordinance by title: An Ordinance amending ChaDter 12 (Offenses and Miscellaneous Provisions) of the Code of Ordinances. city of Edqewater. Florida. by adding section 12-5 (prohibiting sale of ciqarettes in automatic vendinq machines where minors Dermitted): providing for conflictinq Drovisions and severability: providinq for an effective date: providinq for adoDtion and codification. Motion CARRIED 5-0. B. Ord. 92-0-9 Redistrictinq the city of Edqewater Mayor Wessler read the ordinance by title: An Ordinance amendinq ordinance No. 82-0-10 by redistricting the city of Edqewater for the DurDose of electinq council members: Drovidinq for conflictinq Drovisions. severability and aDDlicability: Drovidinq for an effective date: Drovidinq for adoDtion and codification. A presentation was made by City Attorney storey, with the assistance of Mr. Mark Karet, Director of Community Development. councilperson Gillespie brought up several points of information which were explained in detail by Mr. Karet. Mr. Karet also answered questions from the other Council members and the public. James Montqomerv. 1901 South Riverside Drive, questioned the way the census blocks are drawn. Councilman Hays moved to adopt Ordinance 92-0-9. Jones seconded the motion. Motion CARRIED 4-1. Gillespie voting No. Councilman Councilperson At this time Mayor Wessler addressed the question about why citizens don't vote in schools. City Clerk Wadsworth relayed the information given to her by the County Elections Office that some school principals do not want the interruptions at their schools. The County has not had good experiences using schools as polling places. Councilperson Gillespie suggested bringing this to the school advisory board. She added, in some cases, you are dealing with already overcrowded traffic situations and to add voting traffic would not be a safe thing to do. Mayor Wessler suggested Mr. McMahon discuss this with the appropriate individuals to get some information for the Council. She also questioned some of the polling places for the different zones. -3- Regular Council Meeting June 1, 1992 ~ ,..." City Clerk Wadsworth explained the reasons for using the places that are currently being used. She was asked to look into more feasible and convenient locations. C. Res. 92-R-l0 Creatinq the Road pavinq Advisory Committee Councilperson Gillespie moved to adopt Res. 92-R-IO Creating the Road Paving Advisory Committee with the limited authority to be terminated as stated in the ordinance. Councilman Jones seconded the motion. Mayor Wessler read the resolution by title: A Resolution of the City council of the city of Edqewater. Florida. creatinq the Road pavinq Advisory Committee: establishinq ouroose. membership. terms. selection of Chairman and vice Chairman. quorum. meetinqs of the committee. and attendance: oroviding for the establishment of other rules and orocedures: repealinq resolutions in conflict herewith and orovidinq for an effective date. Motion CARRIED 5-0. UNFINISHED BUSINESS A. citizens council Advisory Committee's recommendation re: their review of the reasonableness/accuracy of taxable value of orooerties in the city. Mr. Dick Jones, Chairman of the citizens Council Advisory Committee, went over the committee's research and findings for the pUblic's information. B. Bike Path committee's recommendation to aoorove Master Plan develooed by Committee Mr. Jack Corder, Director of Parks & Recreation, briefly described this master plan proposal. He answered several questions from the Council regarding the plan and costs involved. councilperson Martin moved to approve the bike path proposed master plan. Councilman Jones seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS city Attorney No report City Manaqer Mr. McMahon informed that the city of Edgewater has officially been approved and recognized by the International City Manager's Association as having a City Manager's form of government. Mr. McMahon complimented Fire Chief Bill Vola and Mr. Gates Castle, City Engineer, for their efforts in working on the flood insurance program. All citizens will now receive a 5% reduction in their insurance rates. city Council Mayor Wessler explained VCOG is currently reviewing the procedure now followed in issuing occupational licenses. There may be more administrative responsibility put on the city and we should be prepared. She suggests an additional administrative fee if we take on more duties. She reported on the happenings surrounding the technical position of County Water Co-op Executive Director, who would do the work that all of the City staffs have been doing. She explained her opinion regarding this position and justified the actions she took. She requested input on this subject. Councilman Hays stated his reservations on the subject, one being creating this position. He asked what has been done for the city of Edgewater. -4- Regular Council Meeting June 1, 1992 .... ...., Mayor Wessler stated she has attended every meeting she can regarding Volusia County water and it is a major problem. This technical person is suppose to pull this all together. She guaranteed the Water Co-op is a beneficial organization. Councilman Jones agreed that the water issue is an important one, but he is also concerned about creating another agency. He feels they should look at other applicants and not comply with the proposal before them. councilperson Martin asked if the entire Committee reviewed the applications? Mayor Wessler answered the full Committee was suppose to review the applications. She suggested the city Council make their feelings known to VCOG. councilperson Gillespie read an excerpt from a news article regarding the intentions of the Water Co-op, she stated she also has a problem with this. Mayor Wessler again stated her support of the Water Co-op but feels we should let them know if they are going to hire this technical person for such a high salary, the City of Edgewater will not be able to afford to remain a part of this program. This was agreed upon. Mayor Wessler explained that the City of Port Orange put a notice on their water bills asking for $1.00 donations for their fireworks. They raised $2,200. It was agreed that this is a good idea, and the City of New Smyrna could be asked to join in the contributions. councilman Jones No report Counciloerson Martin No report Counciloerson Gillesoie asked if Council would like to send a letter of protest regarding the 5% sales tax on City services. It was agreed to send such a letter. She would also like the Council to consider ordinances for sprinkler systems and the installation thereof. Fire Chief Vola stated we do have regulations governing sprinkler systems. After further discussion it was suggested staff bring information regarding this back to Council in a month. councilperson Gillespie expressed her condolences to the City of Satellite Beach on the loss of two of their police officers. councilman Havs stated he would like to see a letter opposing the 5% sales tax sent to the governor. He also suggested citizens contact the legislators and ask them to sponsor the bills on voter control of City taxes. He suggested the letter regarding the funding of Volusia County Public Library Construction be sent to our Library Board and ask them to bring their recommendations back to the Council. He asked if staff is pursuing another location for the Police Department shooting range, as well as a storage place for the ammunition. Staff should look into the feasibility of annexation toward 1-95 and consider the growth of Edgewater. He mentioned the circulating petitions regarding bike paths, paving, etc. He asked if we could get this input out to the voters and find out what the overall consensus is within the City. -5- Regular Council Meeting June 1, 1992 "Wf ~ City Manager McMahon stated a referendum can be done on anything, but if a G.O.B.(general obligation bond) is involved, regardless of what it is, it would have to go to a referendum. He strongly recommends the citizens be involved regarding any such undertaking. There was further discussion regarding the possible paving. Mayor Wessler commented that with the committees working on these issues and the newsletter containing the information, perhaps more people will be aware of exactly what is being done. Mayor Wessler reminded everyone that the impact fee will be on the County Council agenda Thursday. There was some discussion with the public regarding this impact fee, possible constituent rebates and local option sales taxes. OUESTIONS FROM PRESS None CITIZENS COMMENTS Norman BilluDS. 1868 pine Tree Drive, spoke in opposition of new taxes, and the increased traffic on 442. He questioned the number of accidents that have occurred in the last few months on this street. His point being the need for a bike path. Frank Morris. 1814 Evergreen Drive, spoke to the Council about the continual domestic problem he has with his neighbor who has brought the City Code Enforcement into the situation. He was recently cited to cut down some bamboo trees after the officer took pictures into his yard and he is upset about this process. Mayor Wessler suggested Mr. Morris make an appointment to discuss this problem with the City Manager. Pete Hellsten. 1717 South Riverside Drive, spoke on the water supply and condition in the County. He suggested watering restrictions be placed on our citizens and have it enforced to show that we are serious about conserving. Joe Martin. Lot 15, Cherokee Ridge, had some fundamental questions regarding the impact fees required of people who do not benefit directly from those fees. This is his concern regarding the school impact fee. He asked if this is a legitimate use of an impact fee. city Attorney Storey explained the courts decisions have upheld impact fees as a little broader than special assessments where you are specially benefitted. She offered any information she has available in her office for his review. Pat Montrowl. 331 Schooner Avenue, asked for an update regarding the properties near our water wells that were being considered for landfills. City Attorney Storey went over the current status of these negotiations. She explained that Attorney Hanson will be at the next City Council meeting. Dr. Charles Gebelein. 1730 Umbrella Tree Drive, spoke in concern of the qualifications required for the Water Czar position. Galen McClain. 3119 Queen Palm, questioned who approved the contracts for Phase I of the improvements. He suggested that each Council member look over the contracts for Phase II before they are signed, so that mistakes won't be made again. -6- Regular Council Meeting June 1, 1992 w ..",., Mayor Wessler assured Mr. McClain that the entire staff involved will continue to do a thorough job of reviewing the contracts, however, there may be changes to make. Mr. McClain questioned the paving of Queen Palm. There was discussion among the Council members, city Manager McMahon,and Mr. McClain regarding the different paving and resurfacing projects. At this time Mayor Wessler presented certificates to councilperson Gillespie for participation on the Pedestrian Bike Path Committee and the Environmental Advisory Committee. ADJOURN Councilman Jones moved to adjourn. Councilperson Martin seconded the motion. Meeting adjourned 9:40 p.m. Minutes submitted by: Debbie Sigler -7- Regular Council Meeting June 1, 1992