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04-20-1992 - Regular ... ,." CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 20, 1992 Minutes CALL TO ORDER Mayor Wessler called the meeting to order at 7:05 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 Reverend Dean Hampton, from the Bella vista Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION TO CITY CLERK SUSAN WADSWORTH A certified Municipal Clerks pin was presented on behalf of the International Institute of Municipal Clerks by Mrs. Sue Blackwell, to City Clerk Susan Wadsworth. Mayor Wessler presented a plaque to city Clerk Susan Wadsworth. APPROVAL OF MINUTES Public Meeting of March 14. 1992 councilperson Gillespie moved to accept the minutes. Councilperson Martin seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS None CONSENT AGENDA Interlocal Aqreement with Port Authoritv for Riverwalk funding in the amount of $32.319. Chanqe Order No.1 to Phase 1 of Florida Shores Capital Improvement Proqram to change desiqnation of water line improvements from Additive Alternate "A" to Chanqe Order Number 1 with no financial impact involved. Chanqe Order No.2 to Phase 1 of Florida Shores Capital Improvement Program to authorize use of purple reuse pipe at a contract price of $8.277. City Attorney Storey gave an explanation regarding the Interlocal Agreement with Port Authority. There are actually two agreements. councilperson Gillespie moved to include the second agreement to the Consent Agenda. Councilman Hays seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie moved to accept the Consent Agenda as amended with the exception of Item "C". councilperson Martin seconded the motion. Motion CARRIED 5-0. Item "c" Chanqe Order No.2 to Phase 1 of Florida Shores Capital Jmprovement Proqram to authorize use of purple reuse pipe at a contract price of $8.277. Director of utilities, Terry Wadsworth, answered several questions from the Council members regarding the use of this pipe. City Manager McMahon asked Council to delay action at this time regarding this to give him and Mr. Wadsworth time to look into it further. ..,. ~ NEW BUSINESS Discussion reqardinq proposed school impact fees with representatives of Volusia Countv School Board and East Florida Buildinq Industrv Association. Mr. Bill Ross, Vice Chairman of the Volusia County School Board and Southeast Volusia Representative, spoke of the increase in student enrollment and the need for new schools in this County. He explained the proposed impact fee. Mr. Ed Baker. Executive Director of the East Florida Building Industry Association, spoke in rebuttal of Mr. Ross's comments. He asked the public to look at both sides of this issue and to hear Mr. Fishkind's comments before making their decisions. Addinq fluoride treatment at the new Alan R. Thomas Water Treatment Plant. Director of utilities, Terry Wadsworth, stated that he is not opinionated regarding this treatment; it is a Council decision. He explained the pros and cons of the fluoride treatment and informed the Council of other area cities who are applying this fluoride treatment. Mr. Wadsworth answered several questions from the Council members. Dr. Rolan Bazin. 1014 South Riverside Drive, spoke in opposition of this treatment. He asked the Council to put this choice to a referendum vote. Mayor Wessler explained that Dr. Bazin has a report to submit to Council with information on this subject. She suggested this item be tabled until May 4, 1992. Extension of contract with Ernst & Younq to auditinq services for additional two years. Gillespie asked Mr. McMahon if the services be necessary, now that we have Angie Brewer perform citv's councilperson of Ernst & Young will on board? City Manager McMahon answered the extra services referred to are involved with the existing CIP program and their work is a lot more in detail than Angie Brewer's work. City Finance Director, Fred Munoz, explained Angie Brewer's job is to make sure we are complying with the State requirements on SRF Loans and Grants. The auditors audit what has been done and certify that compliance has been met. Mr. Munoz went over the previous and current audit expenses, and answered several questions from the Council members regarding going out on bids for auditors. The Council instructed Mr. Munoz to negotiate with Ernst & Young on the cost they have submitted to see if it can be lowered, this is to come back on the agenda May 4, 1992. Report on Master Plan for bike paths throuqhout the citv. City Parks & Recreation Director, Jack Corder, brought the Council up to date on the status of this plan. He explained in order to comply with the City's comprehensive Plan we need a committee put together. There was discussion among the Council about choosing members for this committee. Their choices will be brought to the May 4, 1992 meeting. Councilperson Gillespie thanked Lynne Plaskett and Mark Karet for their assistance to her. She also requested Chief Schumaker have his officers include in their accident reports involving bicycles whether helmets were worn by the bicyclist. This information will be necessary regarding some grants available. -2- Regular Council Meeting April 20, 1992 ~ ~ ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: None City Attorney storey stated there are two ordinances up for second reading at this time: Ord. 92-0-5, Amending the city Charter; this ordinance sets forth the proposed new language proposing amendment to the current City Charter. Ord. 92-0-6, separate Charter ballot questions; specifically addresses each Charter section to be decided upon. Attorney storey went over each individual ballot question. Second Readinq: (Public Hearinq) Ord. 92-0-5. Amendinq city Charter Mr. Ken Millard. 238 North Riverside Drive, gave a history of the Edgewater Charter. He spoke in opposition of the proposed staggered terms and length of terms. He made several suggestions to the Council regarding referendum changes, Code of Ethics, the Personnel Advisory Committee functions, and the possible election results. Other subjects he spoke on were: ordinances and resolutions, majority vote, powers and duties of City Manager, powers and duties of Department Heads, the possibility of straw votes. The Council members, City Attorney and City Manager all replied to several questions from Mr. Millard. Mayor Wessler asked Mr. Millard if there are any other points he would like to make in reference to Ord. 92-0-6. Mr. Millard continued, referring to the implication that the Council is recommending these changes. His final remark was to question whether this is a Charter for the Councilor for the people. Mr. Norman B. Billups. 1868 pine Tree Drive, read a letter which has been submitted to the Observer in opposition of this Charter referendum. He remarked on several of the same issues brought up previously by Mr. Millard. Mr. Jake Lodico. 302 North Riverside Drive, commented on the small number of the public in attendance. He suggested a letter be sent to each registered voter explaining exactly what is being put on the referendum. At this time the Council took a five minute recess. Reconvene. Mr. Dominick Fazzone. 302 Paradise Lane, expressed his unhappiness with the questioning of the integrity of himself, the staff, Council and City Attorney that has been done by some of the previous speakers. He explained the process followed by the Charter Committee before they presented the proposed Charter to the Council. He stressed that public input was considered and the American way is to let the public vote for their choice. Doris Hill. Lincoln Road, made the observation that there doesn't seem to be a lot of interest shown, however, when it comes time to vote those who are interested will make themselves knowledgeable and they will vote their choice. Mayor Wessler closed the public hearing. Ord. 92-0-5. Amendinq city Charter. Mayor Wessler read the ordinance. Councilman Hays brought up for discussion the section referring to the majority vote of the Council to pass a motion. Councilman Hays moved to change the wording of this to read three or more. councilperson Gillespie seconded the motion. Motion CARRIED 5-0. -3- Regular Council Meeting April 20, 1992 "W' ...., Councilman Jones moved to accept Ord. 92-0-5 as amended. Councilman Hays seconded the motion. Councilman Jones made a statement regarding the process that preceded this decision and the importance of this document. councilperson Gillespie spoke in opposition of the May election and the cost of a special election. Councilman Hays also thanked the public for their input and reiterated Councilman Jones' feelings that this will be a workable Charter. Mayor Wessler commented on the importance of this election being worth the cost. Motion CARRIED 4-1, Council- person Gillespie voting No. Ord. 92-0-6 Se~arate Charter ballot auestions. Mayor Wessler opened the public hearing. There being no public input, the public hearing was closed. Mayor Wessler read the ordinance. Councilman Hays moved for approval of Ord. 92-0-6. Councilman Jones seconded the motion. Motion CARRIED 4-1, Councilperson Gillespie voting No. UNFINISHED BUSINESS None COUNCIL/OFFICERS REPORTS city Attorney: Attorney storey reported that the hearing on the landfill was continued on April 14th. The next meeting will be held by the County on May 4th. This was discussed with Mr. Karet, Director of Community Development, and it was agreed to have our staff brief the Council as soon as they get the information from Attorney Hansen. Attorney storey continued concerning providing information to the public regarding the Charter. She went over the expenses involved; it will cost an additional $900.00 to publish a separate Charter newsletter. Councilperson Gillespie moved to go forward with the special edition as stated. Councilperson Martin seconded the motion. There was discussion about this expense. Motion CARRIED 5-0. It was agreed to send this edition out the first week in May. City Manaaer: City Manager McMahon reported that progress reports on the CIP program will be given out weekly. The summary reports will be given to the press so it can go out as information for the community. Mayor Wessler suggested the Council receive a report every two weeks. city council: Councilman Jones asked the Police Chief if he could look into who can repair the utility pole at the corner of Knapp Street and u.s. 1. Apparently there has been an accident there and the pole has splinters sticking out of it and could be dangerous to the children in the area. Chief Schumaker agreed to look into this. councilperson Gillespie expressed her agreement with the CIP information being given to the press to keep for the public. Councilman Hays read material from the Florida League of cities releasing the results of a proposed Constitutional amendment regarding the voters in each City voting on their own tax pOlicies. He also expressed appreciation for receiving the advance notification of the groundbreaking for the Wastewater Plant, April 28, 1992, 3:00 p.m., 500 West Ocean Avenue. Mayor Wessler brought up the issue of the possible paving in Florida Shores. She would like this researched by Mr. McMahon and some report made back to Council at the next meeting. She also asked that a sign be put up at the end of the bike path which comes out onto Roberts Road at Whistle stop Park. She informed Council that Mr. Lodico wanted the point brought up about the local residents being charged rent for the City buildings when anyone can use the tennis courts for no charge. -4- Regular Council Meeting April 20, 1992 ..... ...., Mr.Jake Lodico, 302 North Riverside Drive, spoke to the Council about this situation. Councilperson Gillespie stated she sees no reason to waive the fee for Mr. Lodico's group when they don't waive the fee for any other group. Councilman Hays agreed not to waive the fee because the charge is to help offset the expense for cleaning up after the activities. Councilperson Martin suggested a senior citizen discount. After further discussion, the Mayor took a poll of the Council. It was unanimous not to change the charge. OUESTIONS FROM PRESS None CITIZENS COMMENTS John MurDhv. Persimmon Place, stated you can not collect money on city property, everyone should pay a fee. Alice Murphv. 230 North Riverside Drive, spoke of the Zoning Ordinance being misinterpreted in regards to non-conforming lots of record. She is specifically concerned about the construction on the east side of Riverside Drive and the destruction of the view. She complained about the manner in which she was given the information from the Building Department. Pete Hellsten. 1717 South Riverside Drive, Chairman of the L.D.R.A., sympathized with Mrs. Murphy's comments and has placed this on the agenda for the L.D.R.A. meeting. He invited Mrs. Murphy to attend their meeting and discuss this at length with them. Dominick CaDria. 606 Topside circle, questioned the three way stop signs put up at Homeport Terrace and Schooner Avenue. There is no need for this sign and he wants to know who requested it. Why was this put in at the taxpayers expense when it was not needed? Mayor Wessler asked Mr. McMahon to research this and get Mr. Capria an answer. will Anderson. 1730 pine Tree Drive, commented on the special election being an unnecessary expense. He also stated the arrows on the road at 442 and U.S.1 are not appropriate. He would like someone to look into this. Also he is not sure the red light at Roberts Road and U.S.1 is necessary. He asked how long it will take to get the road repaved after they dig it up? Mr. Wadsworth, Director of utilities, answered six or eight weeks would probably be realistic. Mr. Anderson asked when the bike path on 442 is going to be constructed? Mayor Wessler answered it is not going to be, the signs that were put up were politically motivated. She explained the expense involved and the fact that 442 is going to be widened by D.O.T. ADJOURN Councilman Hays moved to adjourn. Councilman Jones seconded the motion. Meeting was adjourned at 10:28 p.m. Minutes submitted by: Debbie Sigler -5- Regular Council Meeting