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08-02-1993 - Regular ..... 'W/f CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 2, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: vice Mayor Kirk Jones called the regular meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Kirk Jones Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Manager George McMahon City Attorney Krista storey City Clerk Susan Wadsworth Police Lieutenant William Britain Excused Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Miracle, Friendship Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. CITIZEN COMMENTS Galen McClain, 3119 Queen Palm Drive, questioned signs seen on Taylor and Spruce Creek Roads referring to the wastewater area. He questioned if we would be getting these signs. Mr. McClain asked if the Fire Department has special rules for washing cars. city Manager McMahon stated he was not familiar with the signs Mr. McClain was talking about. He stated the wastewater treatment level we will have will meet the most advanced wastewater treatment in terms of quality of water. City Manager McMahon stated the Fire Department does not have any special rules for washing cars. Mr. McClain questioned water seen on the ground at the Fire Station. Councilman Jones explained when the pump is checked you discharge approximately 75 gallons of water. Don Masso, 317 pine Breeze Drive, gave water restrictions on odd numbered houses. Mario Diorio, 1823 Evergreen Drive, spoke about washing the fire truck on the grass. He stated if it is washed on the grass you may not be able to get it out. He feels it is appropriate for them to wash it on the pavement. Mr. Diorio stated he does not understand the whole wastewater project. city Manager McMahon attempted to explain Mr. Diorio's concerns to him regarding reuse. vice Mayor Jones informed Mr. Diorio he would have utilities Director Terry Wadsworth contact him to explain this matter to him. Mr. Diorio spoke about the contractors not doing a good job. 'W' ...., Mr. Diorio then spoke about a neighbor of his believing any property on the City line and beyond should be maintained by the City. City Manager McMahon explained they do go out and maintain a level of mowing on the City right-of-ways. He futher elaborated on this matter. Ray Vath, 2703 Kumquat Drive, distributed a letter to Council given to him from the Code Enforcement Officer. Mr. Vath further explained his concerns of this letter. City Manager McMahon further elaborated on his concerns. Mr. Vath expressed his feelings about the Code Enforcement Officer referring people to Edgewater Garage. There was further discussion about other wrecker services being given a chance. CONSENT AGENDA There was nothing on the consent agenda at this time. NEW BUSINESS A. Richard & Cheryl stonecipher's request to have outside band at Earthquake Maqoons Bar on August 29 and October 31. 1993. for charity events Councilman Hays made a motion to table this item due to Mr. & Mrs. stonecipher not being present to answer questions, seconded by Councilman Mitchum. The motion CARRIED 4-0. B. Buildinq Trades Requlatory and Appeals Board Chairman's presentation re: Proposed Fire Prevention and Public Safety Ordinance Les Ogram, Chairman, Building Trades Regulatory and Appeals Board, briefed Council on what the board did in reference to the proposed fire prevention and public safety ordinance. Mr. Ogram answered questions presented by Councilman Hays. city Manager McMahon explained the revised ordinance will come back to Council with the LDR's and may be looked at with all of the regulations. Fire Chief Bill Vola made a presentation at this time. Councilwoman Martin asked if a public meeting was wanted to discuss these changes. Chief Vola explained the Building Trades Regulatory and Appeals Board had four meetings where this was discussed. C. Public Works Director's request to purchase two GMC Topkick Refuse Trucks from General GMC Truck sales for $51.330 each City Manager McMahon gave a summary on this request. Public Works Director Hugh Williams spoke about the bids received for these trucks and the need for these two replacement trucks. There was continued discussion on these trucks and an decrease in the price if they want anything other than white. Councilman Hays moved for approval, seconded by Councilwoman Martin. The motion CARRIED 4-0. City Manager McMahon stated this will be in next year's budget but they do have the money available now. They will not take delivery until after October 1st. Page -2- Council Regular Meeting August 2, 1993 .... .."." D. Proposed Amendment to Interlocal Aqreement for Distribution of Proceeds of Local option Gas Tax City Manager McMahon briefed Council on the amendment to the interlocal agreement. He explained and recommended the extension of one additional year. City Manager McMahon explained they could bring back to Council several options and proposals before the time the contract expires next year. Councilman Mitchum made a motion to approve the amendment to the interlocal agreement, seconded by Councilman Hays. The motion CARRIED 4-0. vice Mayor Jones called for a five minute recess. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There was nothing for first reading at this time. SECOND READING: (PUBLIC HEARING) vice Mayor Jones opened the public hearing. A. Appeal by Mr. and Mrs. Rick Wollet of Land Development & Requlatory Decision re: variance to retain present location of satellite dish at 2114 Kumquat Drive Rick Wollet, 2114 Kumquat Drive, made a presentation to Council referring to his satellite dish. He explained he has no where else in his yard to put it. Councilman Hays questioned the location of the satellite dish. Community Development Director Mark Karet made a presentation at this time. He then listed the criteria in order for a variance to be granted and answered questions from Council. Dominick Fazzone, 312 Paradise Lane, spoke about the satellite dish being put in front without authorization. He stated this dish is between 10 to 12 feet going from the street and the LDRA took into consideration if other people put their dishes in the front how would it look throughout the city. Councilman Hays questioned if this was installed by the owner. Mr. Wollet told him no. Councilman Hays questioned Mr. Karet if people needed to be licensed and have permits to install these satellite dishes. Mr. Karet informed him yes and this is a pending Code Enforcement case. Mr. Wollet then explained the situation. Council expressed their feelings on this matter. Bev Galerno, 2309 Kumquat Drive, informed Council there is no one around them on either side. There was some discussion on the people that installed the satellite dish. City Attorney storey explained it needs to be clarified this would be a unique circumstance that would make it reasonable to deviate from that ordinance. Don Masso, 317 pine Breeze Drive, stated this matter did not include all five criteria which was why it was denied by the LDRA. Page -3- Council Regular Meeting August 2, 1993 ~ ~ Councilman Hays stated he has a problem with the way the company did business. vice Mayor Jones closed the public hearing. Councilman Hays made a motion to approve, seconded by Councilman Mitchum stipulating this is a unique situation. The motion CARRI ED 3 -1. Councilman Mitchum stated he doesn't know if it is proper for an advisory board of this city to intervene. He spoke about a letter received from the Chairman of the Beautification & Tree Committee. He stated he didn't agree with this letter being sent to Council and not being asked for. He felt this was out of order for them to intervene and even consider this. Vice Mayor Jones concurred. He suggested she be informed so something like this can go through the proper channels. B. Ord. 93-0-02 Amendinq Article III (Citizen Code Enforcement Board) of Chapter 2 of Code of Ordinances. vice Mayor Jones opened the public hearing. City Attorney storey reminded Council of a change of the notice requirements and the increase of the age to 15 to 18. She stated that change was made. She informed Council of the added proposed Section 2-59. vice Mayor Jones read Ord. 93-0-02. vice Mayor Jones closed the public hearing. Councilman Mitchum made a motion to approve Ord. 93-0-02, seconded by Councilman Hays. The motion CARRIED 4-0. C. Ord 93-0-11 Establishinq Sewer Svstem Capital Improvement Account as required by DER vice Mayor Jones opened the public hearing. City Attorney Storey informed Council this has been reviewed by Angie Brewer and DER. She stated a change needs to be made to the dollar amount. She informed the Council the amount in the ordinance is $4,466,180 but should read $2,226,412 pursuant to the direction of our consultant and DER. She informed Council they could still adopt this on second reading. vice Mayor Jones read Ord. 93-0-11. vice Mayor Jones closed the public hearing. Councilman Hays made a motion to approve Ord. 93-0-11, seconded by Councilwoman Martin. The motion CARRIED 4-0. D. Ord. 93-0-12 Substitutinq city Manaqer and Finance Director for city Clerk/Administrator and Insurance Aqent of Record on Self-Insurance Committee vice Mayor Jones opened the public hearing. vice Mayor Jones read Ord. 93-0-12. vice Mayor Jones closed the public hearing. Councilman Hays made a motion to approve Ord. 93-0-12, seconded by Councilman Mitchum. The motion CARRIED 4-0. Page -4- Council Regular Meeting August 2, 1993 '-" .""" E. Ord. 93-0-13 providinq for Mileage Reimbursement for use of Private Vehicles for official city travel at rate authorized bv Internal Revenue Service Vice Mayor Jones opened the public hearing. City Attorney Storey reminded Council of the per diem reimbursement issue as well as mileage and informed them this item had been included. Vice Mayor Jones read Ord. 93-0-13. Vice Mayor Jones closed the public hearing. Councilman Mitchum made a motion to approve Ord. 93-0-13, seconded by Councilwoman Martin. The motion CARRIED 4-0. UNFINISHED BUSINESS There was no unfinished business at this time. Council/Officers Reports city Attornev City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon requested Council consensus on having a public meeting for road paving on August 11th. He stated the primary purpose of this meeting would be to receive public comment. City Clerk Susan Wadsworth informed Mr. McMahon the Community Center would be occupied on August 9th. He asked her to see if they could consider meeting in the Library. Council decided the meeting would be held August 9th in the Community Center at 7:00 p.m. city Manager McMahon then spoke about a letter attached to a resolution as it applies to the Volusia Flagler Roundtable's Community Development Corporation. The letter was in reference to attracting Merecedes Benz to Flagler County. City Manager McMahon reminded Council of the delegation hearings being held for the Volusia Legislative Delegation in New Smyrna on September 22nd at 10:00 a.m. City Manager McMahon spoke about hidden mandates in the Volusia Legislative Delegation. city Council Councilman Havs Councilman Hays spoke about a problem with the Police Department he observed in reference to the publix Shopping Center. He spoke about a young lady who had a problem with "rowdies" in the parking lot. He asked the police officers drive through there more at night. Councilman Mitchum Councilman Mitchum spoke about complaints he has received about the wooded section between Edgewater Commons and Meadow Lake. Mavor Havman Mayor Hayman was excused from this meeting. Page -5- Council Regular Meeting August 2, 1993 '-' ...", Councilman Jones vice Mayor Jones stated the Sheriff's Department has been contacted and he hopes that problem will be resolved. vice Mayor Jones wished Councilman Hays a Happy Birthday. Councilwoman Martin Councilwoman Martin stated she agreed with Mike. They worked hard to get publix here and she doesn't feel we should allow the rowdies to take it over. vice Mayor Jones spoke about not much recreation for the children. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Dominick Fazzone, 312 Paradise Lane, spoke about the letter presented from the Chairman of the Beautification and Tree Committee. He feels the citizens have the right to complain. He stated he was happy to hear Council make the motion to accept with the addition this be a unique situation. vice Mayor Jones spoke about the city of Edgewater's Community Information Guide. Councilwoman Martin mentioned getting a new aerial map that is on the wall. Don Masso, 317 pine Breeze Drive, asked if we could advise the citizens to do their part to make sure when they hire a contractor, they do not let them proceed until they see the permit and the necessary paperwork. vice Mayor Jones asked this be put in the newsletter. ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 8:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting August 2, 1993