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05-18-1992 - Regular .... ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 18, 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 Lt. Bill Britain Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend David Trimmier, Indian River Presbyterian Church, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATIONS Mayor Wessler introduced JoAnne Sikes, Edgewater Historian, and the three young men who put the video presentation together, Robert Hodge, Robert Main and Adam Newell. Mrs. Sikes introduced Mrs. Carol Kelley, Principal of Edgewater Elementary, Ida May Shaffer, fifth grade teacher and Nancy Brown, Media Specialist. She continued with the presentation titled, "Edgewater Then and Now", which was an exceptional first place winner in the Media Fair. Mayor Wessler presented a certificate of Recognition to Firefighter, Bruce Coates, who received a gold medal in weightlifting at State Firefighters Olympics. APPROVAL OF MINUTES Reqular Meetinq of April 20. 1992 Councilperson Gillespie moved to accept the minutes. Councilman Hays seconded the motion. Motion CARRIED 5-0. Reqular Meetinq of May 4. 1992 Councilperson Gillespie moved to accept the minutes. councilperson Martin seconded the motion. Councilman Hays asked that a sentence be added on page three to the paragraph regarding the fluoride treatments: "That the monies will be sought in the next budget". Councilperson Gillespie moved to accept as amended. Councilman Jones seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS None CONSENT AGENDA A. Reappointment of Reverend Dr. Tee as honorary Chaplain of Police Department. B. Acknowledqe receipt of pavinq lien and authorize Mayor to execute Satisfaction of Lien. C. Interlocal Aqreement with Volusia County for wideninq of Park Avenue. D. Amendment to Aqreement with Ernst' Young to ~erform City's auditinq services for additional two years. E. Amendment to Aqreement with Associated Marketinq Incorporated for placement of convenience benches. ~ ...., F. permissive Use Aqreement with st. John's River Water Manaqement District to monitor Well No.6. G. city Clerk's request for microfi1minq service by Florida Data Bank and Durchase of viewer/Drinter to read and CODY microfilm. Councilman Hays and Councilperson Gillespie asked several questions regarding the microfilming, which City Clerk Wadsworth answered. Attorney storey explained the intent of the law involved. Councilperson Gillespie asked for a staff report regarding Item D. Finance Director Fred Munoz reported the negotiations. Councilperson Martin moved to accept the Consent Agenda. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. NEW BUSINESS ADDointment to Industrial Deve10Dment Board to reD1ace Robert W. Bruce. Sr. Mayor Wessler nominated Richard Kowalewski. Councilman Hays moved to appoint Mr. Kowalewski. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. prohibitinq cigarette sales from vendinq machines in D1aces where minors are Dermitted. Mayor Wessler asked the city Attorney to move forward with an ordinance on this for our next meeting. ProDosed study of County consolidation of fire and rescue services. Mayor Wessler explained she will be voting at VCOG regarding this and she wants a consensus before voting. The input she has received is against the consolidation at this time. Councilman Jones does not feel there is enough material out yet, he agrees not to consolidate at this time. councilperson Gillespie does not favor a County-wide fire system. Councilman Hays stated central dispatch sounds good, but he is not sure it is efficient. He also does not agree with consolidating. Lt. Britain commented on the possible disadvantages with County- wide dispatching. It was agreed, if Mayor Wessler has the opportunity to appoint someone to any VCOG committee concerning this, Councilman Jones would be her appointment. Chanqe Order #1 for Wastewater Treatment Plan EXDansion proiect Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., distributed the Change Order material and explained it thoroughly to the Council. The total amount for this change order is $25,568.00. Councilperson Gillespie moved to accept Change Order #1 for the Wastewater Treatment Plant. Councilman Jones seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: Ord. 92-0-07. Enclosures for swimminq Doo1s. whir1Doo1s. SDas and hot tubs. councilperson Gillespie moved to accept Ord. 92-0-07. Councilman Jones seconded the motion. -2- Regular Council Meeting May 18, 1992 ~ ~ Mark Karet, Director of Community Development, answered questions asked by Councilman Hays regarding pools in side yards. Mayor Wessler read Ord. 92-0-07. Upon roll call, the motion to adopt this ordinance CARRIED 5-0. Res. 92-R-08. SUDDort of state Constitutional amendment Drovidinq for voter control of city taxes. Councilman Hays reiterated his support for this amendment. He read the proposed resolution. City Manager McMahon clarified the functioning of this proposed taxing procedure. George Ewing. 2923 Royal Palm, asked if the document states the City officials will be able to tax the people? Councilman Hays read again from the resolution to answer this question. Councilman Hays moved to approve Res. 92-R-08. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Res. 92-R-09. Establishina an absenteeism Dolicy for city Boards. committees and Aaencies Mayor Wessler read Res. 92-R-09. There was discussion regarding this policy. Attorney storey clarified and pointed out there is not an appeal process spelled out in this resolution. councilperson Martin moved to approve the resolution. councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Second Readina: (Public Hearing) ADDeal of Land Development , Reaulatory decision re: variance for DroDerty at 346 N. Riverside Drive. Attorney Jim Morris, representing Glenn and Cindy Jones, explained why they are appealing the imposition of the height limitation. He answered questions from the Council regarding the setback variance. Mr. Hellsten, Chairman, L.D.R.A., read a memo from the L.D.R.A. to the Council explaining their decision regarding this request. Councilperson Gillespie asked to have Mr. Ewing address the council, and explain his reason for voting No on this request. Mr. Karet corrected, for the record, it was Mr. Fazzone who voted No. Mayor Wessler called for a recess at this time. Reconvene: Mr. Hellsten answered questions regarding the variance. He reviewed the process the board followed when considering this request. The general disposition of the board was to be fair and allowing them to go out into the sideline setbacks and also go up may not be fair. Attorney Morris elaborated on the history of the Mrs. Jones have attended regarding this request. all the alternatives that were considered rather this variance. meetings Mr. and He explained than asking for Mr. Hellsten answered further questions from Mayor Wessler. He explained the motion was to grant the variance and deny any additional height increase. He interpreted the vote of the board to mean that because they couldn't go up, we would grant them the variance to effectively use their property by going out. -3- Regular Council Meeting May 18, 1992 .... ...." Mayor Wessler asked Attorney storey if she felt all the board members had this understanding? Attorney storey reiterated the board's procedure at the meeting. She agreed with Mr. Hellsten's statement that this was a joint package, however, she could not say what each board member thought when they voted. Councilman Hays questioned the reason for granting a variance that could not be used if this restriction was going to be affixed. Mr. Hellsten went over the deliberations made by the board. The underlying assumption was they could not go up, therefore, we granted the variance to allow them to go out. Attorney Morris went over the structural and functional conver- sation which took place. He reiterated Mr. Karet's summary that they are seeking to prevent a harm that doesn't exist. Councilperson Gillespie questioned Mr. Karet's opinion regarding this request. Mr. Karet explained staff recommended denial of the variance because they felt none of the criteria were met. This was all given to the L.D.R.A. Mayor Wessler clarified that the variance was granted by the L.D.R.A. The applicant is asking to be allowed to add a story. Doris Hill. 112 Lincoln Road, pointed out if this is granted, they could not only have one story beyond the setback, but two stories over the setback. Attorney Storey framed the issue before the Council. The variance is not before the Council, the condition of the height limit is what the Council is to consider. The Council can either rescind, modify, or uphold that condition. Mayor Wessler closed the public hearing. Councilman Jones moved to rescind the decision made by the L.D.R.A. and grant them approval. Councilman Hays seconded the motion. Motion CARRIED 3-2. Councilperson Martin and Council- person Gillespie voting NO. UNFINISHED BUSINESS comments bv Dr. Barber Roaers reaardina age aroups most benefitted bv fluoridation proarams in schools Mayor Wessler informed everyone it was agreed at the last Council meeting to go in jointly with the P.T.A. to put a fluoridation program in the schools for those who want it. Dr. Barber Roaers. 1500 North Peninsula, New Smyrna Beach, informed the Council of scientific facts regarding fluori- dation, going over several conditions and explaining whether or not fluoridation affects them. He commented this is beneficial to all age groups and is harmful to no one. He answered questions regarding this from the Council and the audience. He distributed data to the City Manager. Mayor Wessler explained the issue the Council is dealing with is whether to put this in the water. councilperson Martin expressed her opinion that this is not the time to address this process while we are doing all the other improvements to our water system. -4- Regular Council Meeting May 18, 1992 ~ ~ Daneen Read. 2526 Royal Palm, explained the problems with implementing the Swish Program in the school. She spoke in support of the fluoridation system. She suggested this issue be put on a referendum for the citizens to vote on. Councilperson Martin suggested the facts and costs involved in this fluoridation program be put in the next City newsletter. It was agreed to have the City Manager gather all the informa- tion and have it published in the newsletter. Dr. Charles Gebelein. 1730 Umbrella Tree Drive, stated this should be considered very specifically and an educational forum should be held. Mr. Andy Anderson, 1730 pine Tree Drive, asked the credentials of Dr. Rogers. It was explained to him that Dr. Rogers is a local dentist. Comments on DroDosed school imDact fees Mayor Wessler explained this subject was on the agenda at the last County Council meeting, but was tabled until June 4th. She is asking for opinions regarding the $2,200.00 impact fee before she votes. Councilperson Gillespie, councilperson Martin, and Councilman Jones, all expressed their opposition. Councilman Hays stated he had nothing to add to their remarks. Desiqnate members to committee for study of road Davinq Mayor Wessler stated her appointment will be Tom Hager. Councilperson Gillespie appointed James Braddick, Councilman Hays appointed William Anderson, Councilperson Martin appointed Dominick Fazzone and Councilman Jones appointed Jim Kirkland. Attorney Storey suggested setting some guidelines so this committee knows what the Council expects of them. Councilman Hays stated this committee should also be given a length of time that we want them to work on this project. He suggested four months should be ample time. Councilperson Martin suggested City Manager McMahon come up with a schedule of the important items that should be looked into. Attorney Storey explained her intent of setting up the committees by resolution,specifying their goals and terms so that all the members have the same understanding as the Council. Councilperson Gillespie commented these people should start off knowing the rules and regulations and the legalities involved. Mr. Ron Ferland. suggested this committee should work quickly if they want to take advantage of the construction scheduling that is occurring for the sewer system. The cost will be less now than it will be in a few years from now. He also explained some of the items, such as manhole covers, will have to be redone in order to accommodate paved rather than shell roads. COUNCIL/OFFICERS REPORTS city Attorney Attorney Storey reminded that the Charter Election is on May 27th, she and the City Clerk will be attending the Logic and Accuracy Test certification for the ballot counting equipment on May 20th. A special meeting should be called for 7:01 on May 27th to accept and certify the absentee ballots so they can be taken to DeLand. This meeting will be continued until the next morning to certify the results of the election. -5- Regular Council Meeting May 18, 1992 ~ ...., citv Kanaqer City Manager McMahon reported on the budget preparation being in process and they can bring any suggestions to him. citv Council Councilman Havs thanked everyone for their support on the tax issue and expressed his hope to continue to receive community support and information. Kavor Wessler reminded everyone to come out and vote on the Charter. She asked the Community Development Department to check into the signs up on Roberts Road and make sure they are not in rights-of-way, etc. Councilman Jones reiterated the Mayor's sentiments for everyone to get out and vote. QUESTIONS FROM THE PRESS None CITIZENS COMMENTS Mr. Andy Anderson. 1730 , commented on the tax control issue, the swimming pool ordinance, the absenteeism policy, the condition of the paved roads and the cost of paving the unpaved roads. ADJOURN councilperson Martin moved to adjourn. Councilman Hays seconded the motion. Meeting adjourned, 9:31 p.m. Minutes submitted bv: Debbie Sigler -6- Regular Council Meeting May 18, 1992