01-14-1991 - Workshop/Special
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CITY COUNCIL OF EDGEWATER
WORKSHOP AND SPECIAL MEETING
JANUARY 14, 1991
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 Manager Elly Johnson
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Wessler called a 5-minute recess at 7:03 p.m. because the Attorney hadn't
arrived and she wanted to speak with them. She called the meeting back to order
at 7:19 p.m.
Volusia County Growth Management Commission re: Comprehensive Plan
Robert Thompson, Chairman, Volusia County Growth Management Commission, stated
at the moment Edgewater has no problems with Growth Management Commi ss ion
whatsoever and they aren't in violation and not in default. He stated last
August they had an incomplete Comp Plan and the recommendation then was rather
than go to hearing, they request a continuance. He said based on data they had,
they issued a letter of completeness and recommended they ask for a continuance.
He explained when you ask for a continuance without stipulating a set period of
time, you ask to set aside the Comp Plan and all input to it until such point
as they are asked to go back to work on the Comp Plan. He said they received
in today's mail answers to some of the questions on the comments they'd sent
and will work on them but until the City asks them to set aside the continuance
and schedule for hearing, nothing will occur. He said when they're asked to do
this, and on the advice of their planner, they decide that at this point all the
knowledge and data they require to come up with a fair opinion of the plan and
consistency thereof has been received, and when the office of Sue Smith tells
them all paper work i s completed, they issue a letter of completeness. He
pointed out since the City continued this, they need a new letter of complete-
ness. He said from that day to the day of hearing, unless there are overriding
characteristics or problems, you have 60 days to hold a public hearing. He said
the end result of the public hearing is a certificate of consistency in most
cases, and generally they're conditional. He noted that at the moment all
contain one condition, that being there will be a deadline and they'll be good
for a certain period. He said it's unfair to have final certificate of
completion good forever until all have been read, examined, and tied together
and they can't tie them together until they complete them. He said Edgewater,
Lake Helen, and Pierson are not complete, and Lake Helen adopted a Comp Plan on
December 12th for the second time.
Mr. Thompson stated when Growth Management was started, his opinion was it was
useless and it was another political go around that requires meetings and you
do nothing. He added he was the first member to vote against his own city but
since then it's become very commonplace. He said the City representative before
GM doesn't decide at the point of a hearing, nor does he vote as an employee of
the City, he votes as a representat i ve appo i nted to GM. He noted the City
recommends the person for appointment to GMC but GMC appoints their own members.
Mr. Thompson stated the problem now is with DCA. He noted they haven't received
a letter asking that the continuance be lifted and until they resolve the
problems and get other documentation required, they'll not issue the letter of
completeness. He pointed out only when it's issued do they start the clock and
then it's within 60 days to hold hearings. He added they can have a small plan
amendment for a small piece of land or change in zoning of a small area from
commercial to residential and changing basic land use. He noted 9J.5 is the
Bible as far as GM is concerned, and it says when you must file an amendment
with DCA and except for one unique condition, you must file with Growth
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Volusia County Growth ManaQement Commission re: Comprehensive Plan (Continued)
Management. He said the plan goes out to the companies and they look at it and
then send a letter saying they believe it's a small plan amendment and within
45 days if they haven't received a letter asking them to intervene in this case,
they'll receive a letter saying it's approved and they'll receive a certificate
of completion.
Mr. Thompson stated a change of plans and ord i nances says in the cap i ta 1
improvement elements you can change funding if you don't change the plan itself.
He noted attorneys for GMC say how you raise money for building a ball diamond,
as an examp 1 e, is your prob 1 em and your bus i ness so changes to the cap i ta 1
expenditures element that don't require change to the Comp Plan itself you don't
have to file with GM. He added this was changed about 3 weeks ago.
Mr. Thompson stated there's a possibility that the plan could be attacked by a
citizens group which has the right to ask for intervention before GMC, however,
this never happened before. He noted they have to justify this intervention and
explain why they had the right to intervene and what they're intervening on.
He said this doesn't mean that at any GMC meeting any citizen can't speak because
they can speak, but there's a difference between having the right to speak and
right to intervene because with intervention you have the right to bring in
witnesses and testimony and documents. He said they ask at least 3 times at GMC
meetings if anyone wants to speak. He noted most problems in the Comp Plan are
with County inconsistency or other adjacent cities and are worked out before
hearings. He stated the certificate of consistency can be changed at the
hearing. He referred to a change made at 3:45 p.m. with negotiations for a
meeting held at 7 p.m. that same date. He also referred to publicity for GMC,
and stated their job is to solve problems, not create them.
Mr. Thompson stated an average certificate of consistency has 4-5 small items
at the end, one is a resolution for the Cooperative Storage Transportation
Planning in VCOG offices, which is attached to every Comp Plan.
Councilperson Gillespie asked if they have to get the letter to him before they
go to the DCA hearing. Mr. Thompson replied no. Councilperson Gillespie noted
they're scheduled for February 20-21. Mr. Thompson said he recommends yes,
because they have to take this into consideration since they know there's an
outstanding meeting with DCA and cannot issue a certificate of completion because
it's outstanding. Councilperson Gillespie asked if the first step is to give
his office the letter. Mr. Thompson replied yes, to plan a future hearing date
and when they find everything complete they'll issue a letter after due
notification personally that their certificate of completion will be issued.
He pointed out you date stamp that letter and the clock starts then.
Mr. Johnson stated they have 3 major areas of concern with DCA and staff will
be meeting with them shortly to try to resolve them before the hearing date and
there's a possibility they'll ask for a delay in the hearing date. He asked if
when they notify Mr. Thompson's office, does that start the clock. Mr. Thompson
stated the clock starts when the certificate of completion is issued and he won't
issue it when he knows there's an open hearing before DCA.
Mr. Johnson stated he'll know more by the next Council meeting after the meeting
with DCA, and if instructed will prepare the letter to go to Mr. Thompson's
office. Mr. Thompson offered assistance from GMC attorneys and planners if they
have problems and will help to solve them or with advice.
Mr. Johnson stated the 3 major problems are: PIO which was approved several years
ago that included large industrial property with the amount of use of that
property and they've already adopted the County minimum standards but the State
wants to go beyond that. He said the largest property owner there is FEC and
they'll be dealing with DCA also; stormwater problem and when they're going to
do something about it in the Florida Shores area; and sewer in the Florida Shores
area. He added the other problems are minor with definitions and use of certain
words. He said St. Johns approved the concept of the Master Plan and he thinks
they can get this resolved and be ready to go with Mr. Thompson's Commission.
2 Council Workshop/Special Meeting
January 14, 1991
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Volusia County Growth Management Commission re: Comprehensive Plan (Continued)
Mr. Thompson asked if they understand consistency. Mayor Wessler replied they
were taught that during election. Mr. Thompson said he doesn't think Edgewater
has a great deal of problems, and the major problem is with DCA. He said they
have property adjacent to them or highways adjacent that have a level of service
of F and yours are C. He reviewed the different traffic situations and
possibility of moratoriums. He stated GMC has said when there's a conflict, on
a given arterial, the lowest shall prevail, because if there's going to be a
moratorium, it will be on both sides of that line and both will be allowed
construction.
Recommendation to accept County's offer of $9.715 for City rights of way on two
parcels at Rotary Park for Park Avenue widening project - Counci lperson Gi llespie
moved to accept the County.s offer on both parcels. Councilman Hays seconded
the motion. Motion CARRIED 5-0.
Setting a special meeting to resolve City Attorney issue - Mayor Wessler stated
Doris Hill asked to speak but it's only if it pertains to setting the meeting.
Mrs. Hill asked if citizens will have a right of input because they'll have to
foot the bill. Mayor Wessler asked if Council wants citizen input at the special
meet ing. Counci lman Jones replied yes, they. ve done it in the past. Mayor
Wessler stated the citizens will be able to speak but they'll limit it to 3
minutes. Mrs. Hill asked if they'll allow it tonight. Mayor Wessler replied
no, because it.s just setting it per their Attorney.s request. Mayor Wessler
asked if they have to go within the 48 hours in there. Attorney Nikki Clayton
replied no, that's only a portion of the offer. Councilperson Gillespie asked
if the protocol lesson is the 28th. Mr. Johnson replied yes, 6 to 9. Mayor
Wessler asked if LDRA could go to the Library. Planning and Zoning Director Mark
Karet replied if the Library's open. It was agreed to meet Wednesday, January
23, at 7:00 p.m. in the Community Center.
Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion.
Meeting was adjourned at 7:48 p.m.
Minutes submitted by:
Lura Sue Koser
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ATTEST:
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CITY CLERK / -
this Y day of
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3 Council Workshop/Special Meeting
January 14, 1991