08-02-1993 - Regular
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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.
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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.
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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.
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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.
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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.
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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
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