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04-06-1992 - Regular .... ,.., CITY COUNCIL OF EDGEWATER APRIL 6, 1992 7:00 p.m. Minutes 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 Reverend Lawrence Tee, Union Community Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES soecial Meetinq of Februarv 24. 1992- Councilman Hays moved to accept. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Public Meetinq of March 9. 1992- Councilman Hays moved to accept. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Reqular Meetinq of March 16. 1992- Councilman Hays moved to accept. Councilperson Gillespie seconded the motion. CARRIED 5-0 CITIZENS COMMENTS Steve Dennis , Chamber of Commerce, 115 Canal Street, New Smyrna Beach, read a letter of appreciation for the participation in the Expo. He thanked the Council and Departments for their help in making the Expo such a sucess. Fred Heise and David Westerheidv. 1401 S. Ridgewood Ave., announced the Kiwanis House will be opening in Edgewater and used for non-profit agencies that treat children in the Edgewater, New Smyrna and Oak Hill area. Georqe Ewinq. Royal Palm, questioned the City Attorney and City Clerk in reference to the meeting that is scheduled for Tuesday with Mrs. Odahm. City Attorney replied it was to discuss the upcoming election. Edward Driscoll. 26 Blue Heron Dr., questioned a S-10 city truck that he observed going down Wayne Avenue, New Smyrna Beach, at 7:30 pm., he also questioned the truck not being marked. Staff will look into this and get back to Mr. Driscoll. Consent Aqenda Aoorove aqreement and authorize Mayor to execute Aqreement for Testina Services for Water Transmission proiect with Professional service Industries. Inc. for $3.350 - councilperson Gillespie moved to accept the consent agenda. Councilman Jones seconded the motion. Motion CARRIED 5-0. 1 ..... .... NEW BUSINESS Presentation of audit report for fiscal vear ended September 30. 1991 - Mr. John Vodnicker from Ernst & Young gave a presentation of the audit. Appointments of two members to Industrial Development Board due to expiration of terms of William Gleason and David Koch- Mayor Wessler nominated Scott Porta, Councilman Jones nominated Robert Bruce. Councilman Jones made a motion to appoint Scott Porta and Robert Bruce. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Public Works Director's reauest to purchase Craftsman 718 pc. mechanics tool set for $2.300 plus shippina- Upon Councilperson Gillispie's request, Mr. Overstreet explained the need for the tool set. Councilperson Martin made a motion to approve the purchase. councilperson Gillispie seconded the motion. Motion CARRIED 5-0. Support of move to abolish Volusia Growth Manaaement Commission- Councilman Hays made a motion to approve the abolishing of the Growth Management Commission. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Ord. 92-0-5 Amendina city Charter Mayor Wessler read the Ordinance. Councilman Hays moved to adopt Ordinance 92-0-5. Councilperson Martin seconded the motion. Motion CARRIED 4-1, Councilperson Gillespie voting No. Ord. 92-0-6 SeDarate Charter ballot auestions- Mayor Wessler read the Ordinance. Councilperson Martin moved to adopt Ordinance 92- 0-6. Councilman Jones seconded the motion. Motion CARRIED 4-1, councilperson Gillespie voting No. Res. 92-R-05 Awardina testina services contract for Florida Shores Infrastructure Improvements (all 4 Dhases) to Universal Enqineerina Sciences of South Daytona for $85.928-Mayor Wessler read Resolution 92-R-05. Councilperson Gillespie moved to accept Resolution 92-R-05. Councilman Jones seconded the motion. Motion CARRIED 5-0. Res. 92-R-06 Awardina testina services contract for Wastewater Treatment Plant pro;ect to Universal Enaineerina sciences of South Daytona for $13.319 - Mayor Wessler read Resolution 92-R- 06. Councilperson Martin moved to approve Resolution 92-R-06. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Second Readina: (Public Hearina) Ord. 92-0-4 Amendina Zonina Ordinance in reaard to communitv residential homes. Mayor Wessler opened the Public Hearing asked for comments on this Ordinance and there were none. She read Ordinance 92-0-4. Councilperson Gillespie moved to approve Ordinance 92-0-04. Councilman Hays seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS None COUNCIL/OFFICERS REPORTS city Attorney Informed the Council of the upcoming Public Hearing for a proposed landfill location being on SR 442 extending into Dawson Ranch Road. She explained that when staff reviewed this,it was determined that the property is very close proximity to the City well fields. Staff is gathering information -2- Regular Council Meeting April 6, 1992 ..,. ..., regarding this project. She explained that information from the County on this project has been lacking. she went on to explain that the first public hearing at the County level is April 14th and, at staff level, we need Council authorization to appear at the public hearing and comment. Mark Karet explained this would be going to the P.L.D.R.C which is equivalent to our L.D.R.A. This is scheduled before the next Council meeting. He informed the Council that the City is not the only one not informed on this. The County staff is asking that a continuance be made at the April 14th meeting to the May 22nd meeting so more information can be gathered. Mayor Wessler asked Mr. Karet if his wishes were to have a letter sent to the County asking to postpone also. Councilman Hays stated he would like to instruct staff to attend and stay on top of this from now on. Council was in agreement to a letter being sent out. Mayor Wessler also asked that the Council be made aware of when this meeting will be scheduled. city Attorney Storey brought to the Council's attention the matter of Eastern Shores Mobile Home village. She referred to her memo to Council in reference to this. She mentioned the letter that was received from Robert Merrell, who is their representative. She went on to explain the history behind this request. The request was to close the entrance which is currently located on U.S.l. The request was granted in March 1989 and then in July 1989 the Council reconsidered that earlier action. In December 1989 the Council rescinded the March approval of site plan. Mr. Merrell has ascerted that the December 1989 rescinding of the site plan was an illegal imposition of a revised site plan unilaterally proposed by the city Council. She recommended the Council recognize the valididy of the March 1989 site plan. Councilperson Gillespie moved to accept the City Attorney's recommendation. Councilman Hays seconded the motion. Councilman Hays reiterated the fact that this is a private road and is not maintained by the City. At this time a five minute recess was taken. Reconvene Mayor Wessler reminded Council there is a motion on the floor to accept the City Attorney's recommendation. The situation was discussed further among the Councilmembers and the City Attorney. Councilman Jones suggested postponing this since it was not an agenda item and the Council may receive input from the residents in that area. Robert Merrell was given the floor. He went over the understanding of the park residents and some more history of the situation. He asked that the Council recognize the City Attorney's opinion regarding the prior action. city Attorney Storey agreed with Councilman Jones, however, she explained the concerns of the park residents are well known to Mr. McMahon, Mr. Karet and herself. At this point and time this is a procedural legal question, which is why she brought it up under her report. -3- Regular Council Meeting April 6, 1992 ..... ...." Mr. McMahon stated he has spoken to the people concerned and if Council so wishes, he and the city Attorney will agree to meet with those people and explain the legal position. Upon roll call vote,the motion CARRIED 4-1. Councilman Jones voting NO. city Manaaer Mr. McMahon asked for Council's consideration of acquiring the property at 414 West Ocean Avenue, which is adjacent to the City'S Wastewater Plant. This property would be an advantage to the City for future expansion of the plant and he recommends the City purchase this property for the amount $30,000.00. Councilperson Gillespie spoke in favor of this. Mr. Terry Wadsworth, Director of utilities, was asked to give his thoughts on the subject. He answered several questions from the Council members. Councilman Hays spoke in favor of planning for future growth. Councilperson Gillespie moved to go ahead with this purchase. Councilman Hays seconded the motion. Councilman Jones questioned this also not being an agenda item and suggested this be tabled and put on an agenda for public input. Mr. McMahon stated it was his intention to call this to the Council's attention. He is very much in agreement with this being placed on an agenda and have more discussion about it. councilperson Gillespie withdrew her motion. Councilman Hays withdrew his second. Mr. McMahon suggested April 15, 1992 at 2:30 p.m. for the preliminary budget review. City council councilman Jones reported the baseball season has opened, there are over 400 children involved and there is a major parking problem at Whistle stop Park. Councilperson Gillespie called the Council's attention to the memo from Mr.Corder regarding the bicycle section of the Comprehensive Plan. It was agreed to have this placed on the next Council agenda and have Mr. Corder present. She also reminded everyone who is volunteering to help hide Easter eggs to be at Whistle stop Park at 8:00 a.m. Saturday. She also reported that Mr. Corder is attending the Special Bicycles Programs Friday in Daytona Beach. She thanked Mr. Wadsworth's staff for putting up with her riding with them this week during shut off. She invited the Council to try this, it is an education. Councilman Hays told the Council that he has received correspondence regarding the fluoridation of water and he asked Mr. Wadsworth if he could address the matter. Mr. Wadsworth stated he has discussed this with the City Manager and they have planned to put this on the agenda April 20th. -4- Regular Council Meeting April 6, 1992 ~ ...", Questions from Press None citizen Comments Ken Millard. 238 Riverside Drive. informed the Council and staff that about nineteen years ago the state enacted the Municipal Home Rule Powers Act, which repealed the majority of most Charters. Edgewater finally reacted to this and came up with a good Home Rule Charter, which was turned down. He went over the requirements spelled out by the Elections Clerk and the City Attorney at that time, and the public notice that was given. City Attorney storey explained that some of the public notice requirements have been amended since that time. The public advertisement will say there are copies available at City Hall. Mr. Millard urged the Council to send the Charter out to each resident or run an ad in the newspaper printing the entire thing. There was conversation among the Council members about the publications and the expense involved. Doris Hill. Lincoln Road, addressed a question to Mr. Millard and Mayor Wessler asked her to discuss this with him at another time. She did not have a question to direct to the Council. Georqe Ewinq, Royal Palm, supported councilperson Gillespie on voting against both of these ordinances. He expressed his dissatisfaction with the staff recommendations and approvals of these ordinances. He went over points in the proposed Charter which he disagrees with. There was discussion with Mr. Ewing and the Council members regarding these points. It was explained that the staff is paid to investigate and recommend to the Council, whether the Council agrees with those recommendations or not. Councilman Hays reminded Council that they all agreed when they took office to listen to all the citizens, however, he feels it is unprofessional of Council members to argue with these people when they disagree with us. He supported the staff performance and their recommendations. Ad;ournment Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion. Meeting adjourned 8:30 p.m. Minutes submitted by: Debbie Sigler -5- Regular Council Meeting April 6, 1992