03-16-1992 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 16, 1992
MINUTES
CALL TO ORDER
Mayor Tanya Wessler called the meeting to order at 7:02 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
Arrived Later
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend William Zeigenfus, United Church of Christ, delivered the invocation.
There was a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Workshop of February 26. 1992 - Counci lperson Gi llespie moved to accept the
minutes. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Regular Meeting of March 2. 1992 - Councilman Hays moved for approval.
Councilperson Gillespie seconded the motion. Motion CARRIED 4-0.
Councilman Jones arrived at this time, 7:04 p.m.
CITIZEN COMMENTS
Pete Hellsten, 1717 B S. Riverside Drive, represented Land Development and
Regulatory Agency as its Chairman. He spoke about 6 foot fences and pool
enclosures. He briefly reviewed the recent request before the LDRA for a
variance. Councilman Hays requested they address above ground pools also. Mayor
Wessler suggested Community Development Director Mark Karet revielv this for the
next Council meeting.
Dom Fazzone, 302 Paradise Lane, member of the Citizens Advisory Committee for
Volusia County (Metropolitan Planning Organization), requested an opinion from
Council on a high rise bridge for Edgewater. There was discussion about a high
rise bridge and extending S.R. 442 westerly to 415, with concern noted for the
environment. Council consensus was to support a study and feasibili v.
Consent Agenda
Recomendation to approve Mardi Gras event on March 28. 1992. with parade
starting at Kennedy Park and up Riverside Drive to Canal Street in New Smyrna
Beach with vendors to sign hold harmless agreement: Authorization to execute
contract with Hamack Enterprises for comprehensive personnel study and to comply
with Federal Americans with Disabilities Act requirements: Confirm appointmt~nts
of emp 1 oyee members to Board of Trustees of Genera 1 [mn 1 O'lees Ret i rement P'I an:
Pol ice Chiefl s reauest to s..p~$940 from La}'l Enforcement Tnst Fund for purchase
of 33 aerosol subject l'estt'aint devices and holsters: Self-Insurance Connnittee's
recommendation to pay $3.886 for repairs to lights at Wh)stle Stop Park ballfield
due to lightning strike - Councilman Jones moved they approve the consent agenda.
Councilperson Martin seconded the motion. Councilman Hays requested comment on
Mardi Gras. Parks and Recreation Director Jack Corder explained the event is
in cooperation with New Smyrna Beach Recreation and Main Street of New Smyrna
Beach with a parade and with liability the same as when someone walks in a park.
Motion CARRIED 5-0.
NEW BUSINESS
National Association of Retired Federal Employees request to hold rumage sale
April 3-4. 1992. at Pioneer Electric or at American Legion site on U.S. 1
This item had been withdrawn by the applicant.
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NEW BUSINESS (Continued)
Appointment to Land Development & Regulatory Agency due to expiration of term
of Pete Hellsten - Councilman Hays moved to reappoint Pete Hellsten.
Council person Martin seconded the nomination. Councilman Hays commended Mr.
Hellsten for the excellent job. Motion CARRIED 5-0.
ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
First Reading:
Ord. 92-0-4 Amending Zoning Ordinance in regard to community residential homes
Community Development Director Mark Karet gave a brief explanation of the adult
congregate living facilities. City Attorney Krista Storey reviewed legislative
requirements concerning these homes. There was discussion on licensing
regulated by the Department of Health and Rehabilitative Services.
Monty McMullen, 502 Halyard Circle, referred to disaster planning for these homes
and the ability of these units to fit into any neighborhood.
Pete Hellsten, 1717 B S. Riverside Drive, Chairman of Land Development &
Regu 1 atory Agency, spoke about concern for the 60 day per i od. There was
discussion of whether the applicant should have right of appeal to the Council.
Mayor Wessler read the Ordinance. Councilman Jones moved they adopt 92-0-4.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
Second Reading: (Public Hearing)
None
UNFINISHED BUSINESS
Uti lity bi 11 ing for winter residents/vacant property owners - mlnlmum bi 11
relief (Tabled September 16, 1991) - Councilperson Martin moved to remove this
from the table. Councilperson Gillespie seconded the motion. Motion CARRIED
5-0. City Manager George McMahon displayed comparison utility figures to
several other cities in Volusia County.
John Wilkinson, 126 E. Ocean Avenue, spoke on figures held received and
requested at least partial relief on water, sewer, and refuse billing. He
reviewed alternates for relief such as a break for zero usage, 1,000 or less,
and 2,000 or less. Utilities Director Terry A. Wadsworth explained the need for
every household to be a part of paying for the capital expenditures and his
concern for the negative impact on revenue. There was discussion about the
break for recycling and looking at rates in July as provided for in the Code.
Pete Hellsten, 1717 B. S. Riverside Drive, suggested people who use more water
shou 1 d pay more, or perhaps be pena 1 i zed, so that there I s an i ncent i ve to
conserve.
Cliff Clark, 1818 Evergreen Drive, spoke about paying minimum bills for 7-1/2
years for zero usage and requested relief, if possible.
There was discussion about reducing garbage fees and availability of service
whether the residents are full time or part time and permanent residents having
to pay excess costs for those who are not here. Consensus was the matter would
be reviewed in July during budget time and to look at the rates then as provided
for in the Code with concern expressed that reduced income could hurt the CIP.
Mr. Wilkinson asked that costs be separated with capital requirements and vacant
homes. He noted the low users are subsidizing existing residents.
Mayor Wessler called a recess at 8:17 p.m. and called the meeting back to order
at 8:28 p.m.
Presentation by Jeff Bracey re: Idle zone in the Indian River
Hal Spence, Attorney at 221 North Causeway, New Smyrna Beach, distributed
leaflets regarding the manatee protection zones. He stated this is an
unreasonable restriction on boaters with a devastating affect on cities in
Volusia County. He gave a lengthy explanation of contacts in Tallahassee and
the various speed zones. He noted he1s appealing this from an economic impact.
There was discussion regarding the lack of City input into the process and the
economic impact of officers and equipment needed to enforce these rules.
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March 16, 1992
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UNFINISHED BUSINESS (Continued)
Presentation bv Jeff Bracev re: Idle zone in the Indian River (Continued)
Jeff Bracey, Oak Hill, spoke about a speeding ticket and warning held received.
Pete Hellsten, 1717 B S. Riverside Drive, spoke about racing outboards and
concerns from environmentalists and boating operations with need for compromise.
Rick Rollins, 2640 W. Highland Park Road, Deland, President of Citizens for
Responsible Boating and owner of a fish camp, spoke about a ticket he received
and statistics regarding manatee deaths. He also spoke about the hearing
before the hearing officer in Tallahassee and requested Council write to the
Governor and cabinet stating it's an unworkable law.
D. K. Smith, S. Glencoe Road, New Smyrna Beach, referred to the amount of time
he spends fishing and the time needed to travel because of idle speed, thereby
causing an economic impact.
Scott Porta, 1818 Date Palm, spoke about the money generated to help the manatee
and this division between the boaters and environmentalists.
There was discussion about invading the manatee habitat by going at slow speeds
compared to sailboats.
D. K. Smith requested Edgewater contact Deland, Oak Hill, and New Smyrna Beach,
and collectively do this. Mayor Wessler agreed and no Council member objected.
William Anderson, 1730 Pine Tree Drive, spoke about violations, speeding, beer
drinking, and accidents on the water and said they should pay fines if they
donlt follow the rules.
Mr. McMahon suggested legislators be contacted since the Department of Natural
Resources takes direction from them.
Additional Enqineerina services by Over, Riddle, Mills & Precourt, Inc. for
advanced wastewater treatment plant for $145,781 (Tabled March 2, 1992)
Councilperson Gillespie moved to remove this from the table. Councilman Jones
seconded the motion. Motion CARRIED 5-0.
Council person Gillespie commented on the 16" and 12" lines, hydraulics and the
time spent on the grant application. Mr. Dan Allen of Dyer, Riddle, Mills &
Precourt, Inc. briefly spoke about pump size and noted there was no effect on
the financing. City Engineer Gates Castle stated he and the Utilities Director
reviewed this and feel the expenses are justified and are recommending approval.
Councilperson Martin moved to approve the payment. Councilman Jones seconded
the motion. Motion CARRIEd 5-0.
COUNCIL/OFFICERS REPORTS
Citv Attorney - City Attorney Krista Storey recommended Council not attend the
advisory board and committee meetings because some of the issues may be an
appeal to the City Council and Council must decide the issue on a clean slate
presented at that meeting.
City Hanaqer - City Manager George McMahon explained he and Mr. Munoz will work
with the local bank on the escrow agreement and there won't be a fee involved.
Mr. McMahon stated Parks and Recreation Director Jack Corder will prepare a
report regarding a committee to look into availability of bike path grants.
City Council
Councilman Jones apologized for being late due to a problem at his home.
Councilman Jones stated hels preparing a package on Menard-May Park swimming
for the Citizens Council Advisory Committee. No Council member objected.
Councilman Hays commented on a February 21st letter regarding bill 962 on solid
waste management funds disbursement. Council person Gillespie requested Mr.
McMahon make a statement on behalf of the City.
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March 16, 1992
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COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilman Hays commented on mail delivery to a home with construction in front
of it.
Councilman Hays commented on the Florida League of Cities bulletin regarding
proposed taxes on utilities. Mayor Wessler noted their contact with
Representative Jack Ascherl in Tallahassee. Councilperson Gillespie suggested
a follow up letter.
Councilman Hays commented on the good comments regarding how the construction
crews are helpful and courteous.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
Joan Strona, Indian Palm, commented on the good job the construction crew is
doing.
ADJOURN
Councilman Jones moved to adjourn.
Meeting was adjourned at 9:55 p.m.
Minutes submitted by:
Lura Sue Koser
Councilman Hays seconded the motion.
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March 16, 1992