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08-28-1991 - Regular , , .... ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 28, 1991 MINUTES CALL TO ORDER 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 Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Ken Zimmerman, Edgewater Methodist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting of July 8. 1991 - Councilman Hays moved to approve the minutes. Councilperson Martin seconded the motion. Motion CARRIED 5-0. CIP Public Information and Discussion Meeting of Julv 15. 1991 - Councilperson Gillespie stated there was no roll call taken and the Mayor was excused and Vice Mayor Martin conducted the meeting. Councilperson Gillespie moved to accept as corrected. Councilman Hays seconded the motion. Motion CARRIED 5-0. Special Meeting/Public Hearing of AUQust 6. 1991 - Councilman Jones stated on page 12, 5th paragraph, it says $250 and it should be $350. Mayor Wessler stated $150 is the connection fee and it should be $190. Councilman Jones stood corrected. Councilperson Gillespie stated Councilperson Martin was present and it wasn1t noted in the roll call. She added that she reviewed the tapes and on page 12 Mr. Martin referred to 2-1/2 lots on 12th Street in Cherokee Ridge. She said on the next page where Donald Schmidt spoke, his petition contained 487 signatures. Mrs. Wadsworth asked if he stated it then. Councilperson Gillespie replied yes. Mrs. Wadsworth noted more people signed it after it was given to her. Councilman Hays moved to approve. Councilman Jones seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS There were no citizen comments at this time. CONSENT AGENDA There were no items listed on the consent agenda. NEW BUSINESS Barracuda Area Youth Football's request for donation - Mary Geno, 2812 Willow Oak, represented the organization. She reviewed their activities and noted it costs about $170 to uniform a boy with helmet and shoulder pads plus they have cheerleaders and registration is $35 but some families cannot pay that. She said they had a fund raiser and are in the process of more and would appreciate a donation. Mayor Wessler said she talked with Jack Corder who said any donation would help them since we don't have football. She noted she cannot vote on this since her son plays football. Council person Gillespie reviewed her prior experience with football teams and cheerleaders. She asked Edgewater1s ratio. Ms. Geno replied there are 5 teams and 5 childrens. division and 60% of new registrations come from Edgewater. Councilman Hays asked the number of boys and girls. Ms. Geno replied 159 boys and 59 girls. Councilman Jones moved they go with the $500 contribution. Councilperson Gillespie seconded the motion. Councilman Hays stated it1s important they put it in the budget for consid- eration because welre approached routinely on this. He asked Mr. Munoz to put adequate funds in for next year and when it1s gone, it1s gone. Councilperson Gillespie said she talked with Jack Corder and if we were sponsoring a team, it would be $1,000, so welre saving $500. Councilperson Martin asked if they still have money left. Mr. Munoz replied yes. Motion CARRIED 4-0. Mayor Wessler abstained from voting. '-" ,..." NEW BUSINESS (Continued) Fire/Rescue career personnel's request to recognize the International Association of Fire Fighters as their bargaining agent - Counci lman Jones moved they recognize the firefighters. Councilperson Gillespie seconded the motion, and said she understands they'll now proceed on her request about the status of the position of Lieutenant and PERC will make the final ruling. She added she spoke with the Chief and is satisfied and her father was a 50-year fireman. Motion CARRIED 5-0. Planning & Zoning Director's request to purchase computer items to automate code enforcement - Councilperson Gillespie moved to TABLE this item since they're going into budget now, they have two computers, and this is the same material as in City Hall and she'd like to work out something different. Councilman Hays seconded the motion, noting one of the recommendations in the management audit was to coordinate computer equipment. Mr. Munoz explained they have two CRT's connected to the main computer and this would be consistent with the equipment and would be IBM compatible. Councilperson Gillespie said she saw what they want to use it for and it's very similar to the City Clerk, and she'd like the Recreat i on Department to rece i ve the same th i ng when they go into budget. Councilman Hays stated he sees the importance of automating but they want to do it on proper equipment. Planning & Zoning Director Mark Karet reviewed the Planning Department's dire need to automate paper work in code enforcement activities and DMG referred to it as an important priority. He noted automation will avoid overtime. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Reading: Res. 91-R-52 Appointina one member to Citizen Code Enforcement Board due to expiration of term of Jeffrey Lanae - Councilman Jones nominated Don Bennington. Councilperson Gillespie asked if Mrs. Bennington is serving on the sign committee. Councilman Jones stated she's not in an authority capacity. Councilperson Gillespie pointed out 81-R-5 restricts any blood relative or by marriage. Mayor Wessler noted it's a board that's ready to be abolished. Mrs. Wadsworth explained Mrs. Bennington serves on the sign ad hoc committee and asked if a committee is considered a board. Ms. Clayton replied it's difficult to determine the difference. Counci lperson Gi llespie stated 81-R-5 was never rescinded. Councilman Jones suggested they postpone it for legal clarification. Councilperson Gillespie stated Mrs. Bennington serves on a County board but that wouldn't be the same and she moved to TABLE to the 16th for clarification. Councilperson Martin seconded the motion. Motion CARRIED 3-2. Councilman Hays and Mayor Wessler voted NO. Res. 91-R-53 Appointing one member to Citizens Council Advisory Committee due to resignation of Ray Wasarhaley - Mayor Wessler stated it was brought to her attention that when Council put the board into effect there was a different idea of duties and she doesn't think the board's running the way it should, it's more like a pseudo-Council. She said the board spends time voting on issues Council votes on and she'd intended they would go out and discuss issues of importance in the community. Councilperson Gillespie agreed that's what she had in mind. Mayor Wessler stated they've had a lot of resignations and appointments and maybe the board should be abolished. Councilperson Gillespie pointed out Stan Carlson gave them goals and objectives and the board's complained they can't function short range. She noted the board's taken complaints on the equalization and worked on Christmas decorations and investigated long range items and a prior Chairman was ill and since passed away. Councilperson Martin stated it's early to abolish the board as they haven't had a chance to get started. Councilperson Gillespie stated they're brand new and there are about 5 around the State and she'd like to give them a chance and the next Council could do what they want. Councilman Jones suggested they could restructure the board since our agendas are short notice, they don't need to be given agendas, but give them specific projects with certain long term goals Council would like to see and spell it out. He added he supports getting swimming back at Menard-May Park and would like a solution to that even if they have to go to the State level. He stated they don't need to meet twice in one month. Councilperson Martin said Council hasn't given it enough time and something to work with. Mayor Wessler asked Council to give Mr. Munoz their ideas for this board to forward to them. Councilperson Gillespie suggested they read the minutes when Mr. Carlson gave his composition. Mayor Wessler suggested they look at highway beautification. 2 Council Regular Meeting Minutes August 28, 1991 ... ....., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) F;rst Read;ng: (Continued) Res. 91-R-53 Appo;nt;ng one member to C;t;zens Counc;l Adv;sory Committee due to resignation of Rav Wasarhalev (Continued) Councilman Hays agreed with Councilman Jones that the committee should be there to assist Council with questions on long range goals or projects and eliminating their review of the agenda might help. He added there's no reason for them to review the agenda as that's what Council is to do. He noted that whoever appoints someone to this board should be sure it's a person they can communicate with. He suggested the board could decide how often to meet, sometimes it would be more often and sometimes less, but this was just generating paper work. Mayor Wessler asked if this board has to operate with a secretary. Ms. Clayton replied they can record the minutes and take their own notes. Mayor Wessler said that wouldn't tie up City personnel and asked to change it to no City personnel. Councilperson Gillespie stated they can meet wherever they want and it would be long range goals of citizens as well as Council. Ms. Clayton suggested they post it. Councilperson Gillespie appointed Sandra Smith, adding she talked with her yesterday and she understands it long range. Mayor Wessler asked if they automatically send Ray Wasarhaley a letter of thanks. Councilperson Gillespie replied yes, and he's invited to the banquet next year. Mayor Wessler read the Resolution, inserting the name of Sandra Smith for a term of office to end November, 1992. RES. 91-R-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZENS COUNCIL ADVISORY COMMITTEE; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved to accept. Councilman Jones seconded the motion. Motion CARRIED 5-0. Res. 91-R-54 Supporting petition to United States Congress to ;nstruct United States Treasury to create and issue interest free loans to tax supported bodies for the purpose of funding voter-approved cap;tal projects (sovereignty program) Councilperson Gillespie moved to accept 91-R-54. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the Resolution. RES. 91-R-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING SUPPORT FOR THE ADVISORY PETITION WHICH REQUESTS THAT THE UNITED STATES CONGRESS INSTRUCT THE UNITED STATES TREASURY TO CREATE AND ISSUE INTEREST FREE LOANS TO TAX SUPPORTED BODIES FOR THE PURPOSE OF FUNDING VOTER-APPROVED CAPITAL PROJECTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Motion CARRIED 5-0. Second Reading:(Public Hearing) Ord. 91-0-8 Repealing Ord. 89-0-36 which prohibited sounding of train horns and whistles between 10 p.m. and 6 a.m. at all public at-grade crossings having train activated automatic traffic control devices due to order to Florida East Coast Railwav Company bv Federal Railroad Administration - Councilperson Gillespie moved to go to public hearing. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler requested audience input. Dom Fazzone, 302 Paradise Lane, stated he's spoken on this topic for the past 6 years and it's been on and off aga in. He noted there's not a prob 1 em in Edgewater and just because the railroad administration said we should do it right away, the City rushes to do it, but New Smyrna Beach and Port Orange didn't rush into it. He said people say if one life is saved, it's worth it, but why does Edgewater want to put this on again when it's been on and off for 6 years. Al Keaton, 3029 Kumquat, asked where the City's liability is if this is repealed. Ms. Clayton replied this is a sustaining law with a Federal mandate to undertake this action that binds the railroad. Mr. Keaton stated he supports whistles blowing 24 hours a day and doesn't want anyone to be killed. Councilperson Gillespie moved to close public hearing. Councilman Hays seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie moved to accept 91-0- 8. Councilman Hays seconded for discussion and referred to the review of this subject at the Florida League meeting. He noted Florida League had a proposed resolution regarding the Federal law and we will probably get the results of that vote. He pointed out no matter which way they go, it may be changed once again. Motion CARRIED 5-0. 3 Council Regular Meeting Minutes August 28, 1991 ,.." ~ UNFINISHED BUSINESS Change Order #1 to contract for Old Count v Road Sidewalk amounting to $1.105 Council person Gillespie moved to accept change order #1 to Old County Road sidewalk amounting to $1,105 which will now make a total of $23.105. Councilman Hays seconded the motion. Motion CARRIED 5-0. Setting dates for budget workshops - Mayor Wessler suggested they coordinate this with Councilman Jones and Councilman Hays. Councilman Hays stated Mondays are a good day for him and he sets it aside to tend to City business. Councilman Jones noted the 9th is good for his schedule. After brief discussion, it was the consensus to schedule the workshop for Monday, September 9th, starting at 1 p.m. and continuing through with a supper break. COUNCIL/OFFICERS REPORTS Interim City Attorney - Ms. Clayton stated George Ewing pointed out there was discussion after a motion to table and he's technically correct but she doesn't feel it's her role to correct parliamentary procedures unless there's a question. George Ewing stated Mark Karet got up and spoke and if he's privileged to speak, than anyone can. Mayor Wessler said anyone can speak at any time when there's a question on the motion. Mr. Ewing pointed out there's no discussion with a motion to table. Councilperson Gillespie stated a motion to table has discussion. Ms. Clayton stated a motion to table is like a motion to adjourn and in conducting business, sometimes a motion to table needs more information and that's unless there's a substantial injustice being done. Mayor Wessler said it was her mistake and if held wanted to speak, she'd have allowed it. Ms. Clayton noted for the record that Krista Storey is present. Councilperson Gillespie asked if Ms. Clayton had a report from Tampa as she was at the attorneys I meeting. Ms. Clayton stated she had interesting discussions with colleagues at the meeting and Councilperson Gillespie was able to get copies of handouts. She noted there were presentations on vested rights and drug testings and there was a lengthy agenda. Mayor Wessler stated this will be Ms. Clayton's last meeting as Krista Story will be in that capacity next time and she thanked Ms. Clayton for her services to the City, she's taught them a lot about government. Acting City Manager - Mr. Munoz stated a letter I s been received that the acquisition of the 26 acres for a neighborhood park has been approved and the check will be in the mail. City Council Councilman Jones stated the time in Tampa was exciting for him because it was his first convention with Florida League of Cities. He commented on the first day's seminar he attended put on by Brian Lee on leadership in excellence that dealt with people in the 901s. He recommended the course for anyone in City government. He said he has a booklet and will furnish copies of it to Council. He said he was in an area of low income housing and will share copies of that information with Council. He explained the State's standpoint is they're looking at it as more of a private sector venture with local clubs and banks. He briefly reviewed the Mayor's Challenge Fund in Tampa with restoration of housing. Councilman Jones stated Florida City Government Week is stressing education of what City government's really about, which is lacking in high schools and elementary schools, and Councilperson Gillespie will address this later. Councilman Jones stated since major things have been accomplished with the special assessment, they need to look at swimming at Menard-Mayas he feels where there's a will, there's a way. He asked Mr. Munoz to get information from the first day as to why the park was closed and before next Spring or Summer they could start reviewing to see what actions need to be taken to correct it. Councilman Hays agreed that's an excellent goal. Councilperson Gillespie agreed and said she'll provide a package on this. Councilperson Martin stated she's pleased with the operations report from Robert Sheets through David M. Griffith and she moved to invite these gentlemen to make a presentation to us as to ways and means and pros and cons on how to follow through and make payments on the $40 million on the Capital Improvements Program. 4 Council Regular Meeting Minutes August 28, 1991 "-" 'wi' COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie seconded the motion for clarification. Councilman Hays noted he reviewed this with Mr. House. Councilperson Martin stated these people are experienced in advising cities how to expend money on a particular project and sheld like to have their ideas since we have $40 million to spend on the CIP. Mayor Wessler asked if itls the revenue enhancement program. Council person Gillespie asked if it's to hire them for another study. Councilperson Martin replied no, just invite them to a meeting for the $40 million and see where it's going and how it's paid out. Councilman Hays stated he talked with Mr. House today and went page by page and he thought they did an excellent job. He noted some felt it was a very fair survey and some people were nervous about it at first and felt it would be more of an axe than a tool, but it's a good management tool. He added held asked Mr. House to have a representative come and present this and have department heads present and have questions and answers. He said it has to be made clear itls a tool and something to help them out. Mayor Wessler agreed department heads should be heard because some had questions, and asked how DMG could help with the $40 million. Councilperson Martin replied it's how to put a control on it. Mayor Wessler pointed out if they are asked to come in and tell where the CIP is going, that's a totally different service. Mr. Munoz suggested Mr. Mansfield (DER) could come here. Councilperson Gillespie stated Ron Ferland told her they could request Mr. Mansfield come here to teach Mr. Wadsworth and Ms. Rickelman and have the loan signed here by the Mayor and perhaps they could ask questions then. Mayor Wessler noted Mr. Ferland told her it's highly unusual for someone from DER to come here for a presentation to the City. Councilperson Gillespie explained itls not a presentation, itls just training of Mr. Wadsworth and Ms. Rickelman because if we make a mistake, we could lose the loan. She added if Councilperson Martin wants to address something specific they can go farther with what's covered under the contract, such as moving departments around for better utilization. Mayor Wessler asked if Councilperson Martin agreed with that and she could ask questions then. Counc il person Mart i n exp 1 a i ned it I S how to contro 1 the funds. Ms. Clayton pointed out there's a portion of the DMG report that discusses concerns on the part of the company on how the City will manage the expenditures of the CIP and they suggested there are not professional or management tools set up that they think are adequate for the magnitude the City's going to be faced with. She added the question came up and she suggested they have a presentation on what they meant by that. Mayor Wessler stated they'll include that when theylre called to come down. Motion CARRIED 5-0. Councilperson Gillespie stated she and her husband went to Tampa and this was the second one for her and she attended the budget hearing, the stormwater and permitting, League Services meeting, and gold key education in schools because she's on the Indian River Advisory Committee. She added she went to housing and legal and communications and learned she needs to slow down and speak precisely. She moved Council purchase two of the special educational books as suggested, one would go to Edgewater Public Library and the other to a Social Studies class at New Smyrna Beach High School. She said she spoke to Mayor Musson and suggested New Smyrna Beach do likewise because the League mailed one to each high school and there are 3 social studies classes so it would provide each teacher and each library. She added theylre $45 each as recommended by the committee. Councilman Hays seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie thanked Mr. Munoz and his staff because she gave them a large stack of books and notes and they've been digging through them and she passed one to Councilperson Martin since she wasnlt present. She asked Council to consider the recommendation in the folder for a Shadow Day for Council for Education Week, but it's staff prerogative to decide what they want to do. She noted there are 32 i terns on the State recommended 1 i st. She suggested they think about it and bring it to the next meeting and they could select both elementary schools and ask them to select a Mayor and Council from the 5th grade which has social studies, and they'd go through a day with the Mayor and Council. She explained each person would have two shadows since there are two elementary schools. Ms. Clayton noted shels seen this work successfully in other places and has seen some Councilmen shadow the handicapped by adopting a handicapped person for a day and try to maneuver through the daily chores. Mayor Wessler called a recess at 8:00 p.m. She called the meeting back to order at 8:04 p.m. 5 Council Regular Meeting Minutes August 28, 1991 '-" ..., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie stated it was suggested they not sign the minutes during the meeting, do it during recess, and they made a big to do about it at the League meeting. Councilman Hays stated it was brought up to sign it later and Mrs. Wadsworth said it would take them all week to get them signed. Councilman Hays stated he enjoyed the Florida League of Cities meeting, it was the first for him and it was an educational experience. He said he especially enjoyed the lunch with Buddy McKay the speaker, who touched on the State budget and budget plans, resizing of government, the issue of privatizing or combining programs, the form of services, and broadening the tax base, and these issues need to be considered in the budget process to get through this tough period. Councilman Hays stated there were a lot of committees and he was interested in State Emergency Response for Hazardous Materials and to be on this committee you have to request to be and have support from your City. He asked for Council's support for a letter to Florida League of Cities and the Environmental Quality Commi ttee to be a member of the State Emergency Response for Hazardous Mater i a 1 s. No Council member objected. Councilman Hays stated he enjoyed stormwater permitting and it was interesting the way they broke out the fees and we may want to look at it at a later date. Councilman Hays thanked Council for supporting him and nominating him for voting delegate. He reviewed the various resolutions that were discussed. He said he was enlightened by the end of the meetings to know that the things we think are getting out of hand are the same everywhere, they just want to get a job done and want to know where to get funding. He noted he got a lot of positive comments from people in the State complimenting this Council on what's been done in the short time we've been here, and this Council may not always agree but will debate issues and as a legislative body they can go on and put aside their political differences. Councilman Hays explained and showed a sample of a product made from recycled plastics and used for items such as bottles, egg crates, and swimming pool liners. He asked that they do a test strip on the River Walk because he thinks this will be used in the future, especially for something in the water. He added there's some being used in Orlando but that's fresh water and he'd like to see it in salt water. He noted it's more expensive but held like to see how a 50 foot section works. He gave the sample to City Engineer Gates Castle and asked that it be passed around the audience and asked Mr. Munoz to give them figures for a 50 foot section. Councilman Jones stated they make park benches out of it and it has a shelf life of 50 years and would show the community that recycling is working if they see the product. He noted they can get any color and can sand paper it off if it gets scratched, and held like to see it for park benches and the nature walk when it starts to rot. Councilman Hays suggested it could be used for the docks. Councilperson Gillespie suggested it be used for what's below the water at Whistle Stop Park. Councilman Jones pointed out it's not slippery when it's wet. Mr. Norm Roberts stated he hopes the benches will be as hard as these chairs so they don't have to re-adjust. Mayor Wessler stated it's expensive but if people use it, it won't be as much and it would be nice if Council would be a front runner. Public Works Director Carl Overstreet stated people in Edgewater are doing their share on recycling and since last November they've recycled 1,483,000 pounds with curbside and that saved 2,550 miles of use of the semi trucks plus space at the land fill so the people should be commended for the job they're doing. Mayor Wessler pointed out what they're saving with the semi and land fill could be spent on recycled products. She suggested they run an ad to thank them for participating, give them figures, and ask them to continue support. Councilperson Gillespie asked Mark Miller (News Journal) to do it in the newspaper. Councilman Hays pointed out we're on the leading edge with some of the things we're doing with recycling and stormwater management plans. Mayor Wessler said she went to Mr. Lee's seminar and they were saying we're already in the forefront and others are trying to catch up to Edgewater. She added Mr. Lee does managerial studies and they may want to look at it for attitude improvements and they could discuss it on the next agenda. 6 Council Regular Meeting Minutes August 28, 1991 'W' ...., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Mayor Wessler stated she's on Volusia Council of Governments and there's a grant for the transit system and New Smyrna Beach has unexpended funds and perhaps we could work with them and get a bus to corne down U.S. 1 to Indian River Plaza. She suggested Mr. Munoz direct staff to look into some type of joint effort with New Smyrna Beach at their expense. She added she's not sure what their grant entails, it might require some contribution. Mayor Wessler stated Port Orange and South Daytona applied for a grant for U.S. 1 beautification and Mayor Musson agrees we could work with New Smyrna Beach on a joint venture and it has to be done by February 1st. Councilperson Gillespie said Tree City USA covers approved trees on the U.S. medians and that gives them something to work with. Mayor Wessler asked Mr. Munoz to work with it because it wasn't done last year and we lost out. Mayor Wessler asked if Ms. Clayton made any headway on the Charter. Ms. Clayton said she has some suggestions. Mayor Wessler asked that she give them to Ms. Storey. Ms. Clayton explained they're working to coordinate things in progress. Mayor Wessler suggested a report at the next meeting on the Charter. Mayor Wessler asked about Roberts Road from the last meeting. Ms. Clayton replied that's pending. Mayor Wessler noted Ms. Storey will be getting that question the next time. Mayor Wessler stated the Metropolitan Planning Organization discussed widening of 442 scheduled to start in 2000 or 2010 and she asked them to move that up and they need to send a letter to DOT requesting it be moved up on the work plan. She said according to Phil Giorno, we should have the City Attorney draw up a resolution asking the County Council to support us on this because we're growing so rapidly. Councilperson Gillespie said it was originally 1995. Mayor Wessler said it was design and engineering, but no funding, and she requested a resolution from the attorney. Mayor Wessler said she understands Menard-May Park's outfall is broken and they should be able to fix it. Councilman Jones said he wants to find out why they were stopped and do the sampling of the water. Mayor Wessler stated it's part of the CIP. Councilman Jones agreed. Councilman Jones stated everyone's having drainage problems and they need to start mapping out and filling out in our books the areas that are hit the worst and have a high priority list to start straightening out these areas. He noted we had a 7-8 year drought and now all this rain. Mayor Wessler asked if someone's working on redistricting and if it will be ready for the next election. Planning & Zoning Director Mark Karet replied yes. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Al Keaton, 3029 Kumquat, stated Oak Hill has a shrimp festival, New Smyrna Beach has arts and crafts, and Edgewater shou 1 d have someth i ng. Counc il person Gillespie said we have two craft shows. Mr. Keaton asked about organizing something like the shrimp festival. Councilperson Gillespie stated she organized this for 12 years in Brevard County. Mayor Wessler suggested they take a positive approach to his suggestion and have Citizens Council Advisory look at it. Mr. Keaton referred to a festival in his home town that drew 75,000 people. Bob Bonney, 200 Meadow Lake, stated a contest was held to name Whistle Stop Park and there should be a sign designating it. Public Works Director Carl Overstreet explained they took it down when they widened the drive and he'll check with Mr. Corder to see where it is. Dam Fazzone, 302 Paradise Lane, stated it's refreshing to attend Council meetings after 7 years and listen to Council members because he sees a dialogue going and everyone is participating so the public is beginning to understand what govern- ment in Edgewater is all about. He said he's on Volusia County's Citizens Advisory Committee and 2 years ago nobody represented Edgewater and now they have 7 Council Regular Meeting Minutes August 28, 1991 ..." 'WIf/I COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Dom Fazzone (Continued) someone on MPO and Gates Castle and Mark Karet attend functions and Mrs. Gillespie's on the bike path committee. He commended Council because he sees something that never existed on previous Councils and he thinks Council's doing a good job and will keep on doing it. Cliff Clark, 1818 Evergreen, stated he understands Public Works mows the right of way, which is fine for the median, but when they do it for an individual on an 80 foot lot, that's getting ridiculous. He said he heard according to Code they're required to mow a City right of way but it can be defined differently than 80 foot in front of one person's home. He added he doesn't see using taxpayers money for the City to come out and mow it. Councilman Jones requested clarification. Mr. Munoz explained it's our right of way and we1re responsible for mowing it the way the ordinance is and if they can legally define the right of way Mr. Clark and his neighbor can cut their grass and the City's grass. Joe Martin, Chairman of Industrial Development Board, stated he attended the Chamber of Commerce Economic Committee meeting that meets monthly in New Smyrna Beach and the City Manager there spoke about an opportunity for economic development and job creation if there was a site that required infrastructure with water and sewer. He said the Utilities Commission, which is structured differently than we are, looked at extending service to the site and charge the customer for impact fees, connection fees, and front footage cost and they'd foot the bill for services that had to be put in to get to that site and recover those in the future. He said they'll treat someone creating jobs a little differently than in the past and it was a support concept. He said he thinks all government bodies have to take a new look at what they're doing to create jobs throughout the entire United States. He asked if they want to create oppor- tunities for employment here, is it worthwhile for the City to plan ahead and extend some utilities and recover as people hook up. Councilman Jones said he strongly feels the Industrial Development Board is looking for the answer and Florida has a unique opportunity and in the past the North had the opportunity with industries. He added Florida's the new frontier and land of opportunity and we have more to offer here than any other State with the atmosphere and beaches and warm weather with no snow. He said we need to come up with new ways and be innovative and he thanked Mr. Martin for the good work. Norm Roberts, North Riverside Drive, stated the River Walk is to run within the first 15 foot of the road and there are a couple of beaut ifu 1 areas a long Riverside Drive of 50-100 feet that belong to the City. He suggested they swing the sidewalk in and put benches along it. Mayor Wessler explained there will be stopping places along the way. Councilperson Gillespie said it's gazebos. Councilman Hays suggested he look at the plans. Councilperson Gillespie stated Mr. Corder has complete drawings including the gazebos. ADJOURN Councilman Hays moved to adjourn. Councilman Jones seconded the motion. Meeting adjourned at 8:35 p.m. Minutes submitted by: Lura Sue Koser ~ ATTEST: ~~ CITY CLERK Approv.eJi- th i s? day of tJ ~ , 199....L-. ~~~u.~ 8 Council Regular Meeting Minutes August 28, 1991 . _.'" .~f;ORM 81 MEM"~ANDUM OF VOTIN~CONFLICT FOR "COUNTY. MUNICIPRL. AND 'OTHER LOCAr'PUILIC OFFICERS I ASl NAMl'-F1RST NAM(--MIl)L>lE NAME NAME OF BOARD. COUNCIL. COMMISSION. MIlHORITY. OR COMMITTEE I' \- "\0.-\~ R COMMITTEE ON COUNTY OTHER LOCAL ....GENCY NAME or POLlTlC....l SUBDIVISION: MY POSITION IS APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council. commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting connict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: . A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures 10 his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures 10 the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the connict: PRIOR TO THE VOTE BEING TAKEN by'publicl) stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting. who should incorporate- the form in the minutes. APPOP~TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also b prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a connict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt 10 influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a connict of interest. (I I "~\1 -H 10 ~(. PA(;~ I .iF:~O~ MAKE NO ATTEMPT TO INF~NCE THE DECISION EXCEPT BY DIS~SION OR VOTE AT THE MEETING:1 . You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST J, :! C. -,~"-~ IS! h '.l:,~I).J , hereby disclose that 00 'i - ~ <? (a) A measure came or will come before my agency which (check one) V' inured to my special private gain; or , ]931-: _ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: . ~~\, ~05i'v ,,\\~isJJ V~-0 ~i'JL~U'-:~0~\~St~J~ \\ \ ",~ .....'.' "'. \~~!~. L",.;u ~ &a--1\.-~~")N "----"-~~-t~/ ~_ J ~~ <3-- ~ ~' ~+C&,ql , . ~~~J'--~/ ~_. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES fi1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOT]ON, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. -E FOR~ 88 . 10.86 PAGE 2