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12-16-1996 - Regular '-' 'WI CITY COUNCIL OF EDGEWATER ~EGULAR MEETING DECEMBER 16, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays councilman David Mitchum city Attorney Krista storey city Manager George McMahon 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 Dr. Lawrence Tee. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of December 2, 1996 Councilwoman Martin made a motion to approve the December 2, 1996 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. OFFICER REPORTS Councilman Hays commented on the procedure used for abandoned or lost property that is found. He spoke about items that are not claimed and the person who finds the items having the option to claim them as long as advertising costs are paid. He would like to find a better way to do this on less expensive items less than $200 or $500. He suggested posting a notice at the Library or City Hall. City Attorney Storey explained the city follows the procedure that is established in Florida Statutes. In order to claim abandoned property, a notice has to be published in the paper for two consecutive weeks. There is no distinguishing in the statutes as to the value of the property. There was a discussion regarding the requirement of legal advertisement on bicycles. city Attorney storey further explained it is a statutory requirement. city Attorney storey stated if an individual finds something and advertises in the classifieds then the News Journal will do that for free but they do not do that for legal advertisements. Mayor Hayman suggested writing a letter to our representative on the legislature and recommend changes that address an amount limit before advertising is necessary. city Attorney storey suggested approaching the News Journal about if they waive the fee for individuals, waiving the fee for the '-" ...", individuals that find the property and are trying to collect the property. Bill Hill, News Journal, suggested talking to Ms. Kosmas. Councilman Hays suggested drafting a letter explaining the situation and sending it to the News Journal. City Attorney storey explained she doesn't disagree but she can't advise the Council to go against the statutes. She agreed to draft a letter or contact Ms. Kosmas directly. Chief Schumaker commented on the bicycles that are collected. He explained other departments post a notice in the Library, the Police Dept. and City Hall, of property that is found. He commented on the citizens being reluctant to pay $60 for a $35 bicycle. The bicycles are put in the compound and deteriorate until they are sold at an auction. Bicycles that value more than $100 are kept under cover. He suggested posting a lost and found property sheet. There was a discussion regarding how many calls are received for stolen bikes. Chief Schumaker explained bikes are found daily. He spoke about isolating the value of the bike to $100, which he knows is a violation of statutes, but he doesn't know who is going to complain about it. Councilwoman Martin questioned including the items found in the City newsletter. Mayor Hayman thought this was a good idea. Councilman Hays suggested having the City auction every three months instead of once a year. City Manager McMahon explained usually the items the City makes money on are the bigger items. City Attorney Storey agreed to report back to Council. Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First reading Ord. 96-0-10 New sign ordinance Mayor Hayman presented the background information and read Ord. 96-0-10. Councilman Hays asked Mr. Karet to address the issue of flags. community Development Director Mark Karet went through the proposed ordinance and highlighted areas that are alternatives to the existing ordinance that is on the books and how those issues have evolved. Mr. Karet answered questions presented by Councilman Hays. Mr. Karet continued his presentation regarding the proposed sign ordinance. Councilman Hays suggested changing wording regarding one sign per lot per candidate. He feels it would be wise to change it to one sign per address if the intent is to only have one sign per address. The way this is written in Florida Shores you need to have two lots to build a house which means someone could have two signs. Councilman Mitchum has a problem with only being allowed to put one political sign up. Page -2- Council Regular Meeting December 16, 1996 '-' ..., Councilman Hatfield has a problem with letting politicians do certain things that we don't let other people do. Councilman Hays feels it needs to be fair for all. There was further discussion regarding being fair for everyone. Councilman Hays commented on the wording regarding the person responsible for the placement of political signs shall deposit an amount. He feels a reasonable amount needs to be established. Mayor Hayman has a problem with requiring anybody to give a deposit to guarantee something that they have no control over such as the well intended actions of their supporters. Mr. Karet questioned if there is a limit to the amount of signs that Council feels acceptable. Councilman Mitchum questioned this really being an issue. There was further discussion regarding the amount of signs to be placed on property. Mr. Karet suggested having one sign per candidate per each frontage or no limit at all. Mr. Karet questioned the second sentence and asked if there is a consensus to strike everything up to no signs shall exceed eight square feet. Council agreed. Mayor Hayman suggested striking the whole section pertaining to deposits. Councilman Hays stated they are either going to charge no one for a deposit or everyone will be charged or their signs will be removed. He discussed how they are going to get money from the Presidential candidates and such. Mr. Karet explained the deposit provision is very common. Mayor Hayman presented alternatives instead of requiring a deposit. Councilman Hays feels if you don't charge a significant amount to make the signs worth going after, we are going to have to pay the Public Works people to pick them up anyway. There was further discussion regarding alternatives to ensure political signs are taken down after elections. Councilwoman Martin suggested including information in the packet when a candidate comes in to run for office. Councilman Hays feels unless it is a big deposit it's not going to be worth it. He feels the clause regarding the deposit should be taken out. Mr. Karet continued with his presentation. Mayor Hayman asked to include City traffic engineer in section L1. Mr. Karet explained when the ordinances have been rewritten, they have tended to move away from using the police as the "traffic engineer." Mayor Hayman stated then they need to look at amending the ordinance that makes the City Engineer the City Traffic Engineer. Mayor Hayman questioned the meaning of the phrase in L2 which reads "signs bearing public information as designated by the City Manager may be located within all zones." Mr. Karet explained the City franchise signs are not permitted outside of the commercial districts but the idea would be that through a franchise agreement we would require the franchise holder to provide us a certain number of free signs in order to obtain the agreement with us. We thought that there would be some areas in the City where we would like to require them to provide signs, for example. We could then designate certain routes such as evacuation routes. Page -3- Council Regular Meeting December 16, 1996 '-' y Councilman Hays asked for an example of where we may want to place a sign closer than ten feet to a paved road. Mr. Karet elaborated on his concerns. There was a five-minute recess at this time. Mr. Karet responded to Councilman Hays' earlier concerns raised regarding flags. He commented on flags that are exempt. He informed Councilman Hays that open house flags are prohibited under these regulations. If it is the intent that we allow those open house flags, we can either make them exempt or indicate that they are permitted in areas. Councilman Hays spoke about when the issue of open house flags was discussed several years ago. He feels the builders should be able to advertise within limits. Mayor Hayman commented on other flags he feels should be exempt such as the DAV, VFW, etc. Mr. Karet elaborated on not being in a position of identifying what causes and what individuals have flags that are exempt and which do not. Mayor Hayman feels more flags should be included in the exemption list. Mr. Karet explained the issue is how do we define which flags are exempt. Exempting all flags would probably be the safest. Mayor Hayman suggested distinguishing non-profit organizations that have flags. Councilman Hatfield feels they may need to separate commercial flags that are used for advertising businesses. He sees no problem with non-profit organizations displaying their flags. Mayor Hayman asked Mr. Karet to look into distinguishing non- profit organizations and commercial flags. Mr. Karet agreed to come back with language that will exempt non-profit organizations. He explained they have to be very careful about trying to define the types of causes. City Attorney storey questioned where the flags that hang on homes fit in. Mr. Karet explained the intent was never to prohibit them. City Attorney storey questioned flags in residential areas. Mr. Karet explained the issue is not residential versus non-residential, it will be what type of flags will or won't be exempt. Councilwoman Martin questioned the holiday flags that people hang out. Mr. Karet informed her they will not be affected. Councilman Hatfield made a motion to approve with corrections and to bring this back at the first meeting in February, second by Councilman Hays. The motion CARRIED 5-0. B. Res. 96-R-30 Requesting U.s. Army Corps of Engineers provide funds and complete emergency work at North Jetty, Ponce DeLeon Inlet C. Res. 96-R-31 Requesting U.s. Congress authorize restabilization project at North Jetty, Ponce DeLeon Inlet, and appropriate funding for Federal share D. Res. 96-R-32 Requesting financial assistance from state of Florida through its Inlet Management Grant Program to fund 50% of Port Authority share for North Jetty, Ponce DeLeon Inlet restabilization Mayor Hayman read Res. 96-R-30. City Manager McMahon made a presentation. Page -4- Council Regular Meeting December 16, 1996 ~ ~ Councilman Hays commented on Dan O'Brien asking that Council take action on this. He is sorry he wasn't there because he has some questions. He finds it difficult to support anything that the Port Authority wants to do because he has a problem with the Port Authority. We have a special taxing district but there is no special benefit to the City of Edgewater. Those are questions that need to be asked before we support a taxing entity. Councilman Hays made a motion to deny Res. 96-R-30, second by Councilman Mitchum. Councilman Hays commented on problems they have had with the jetty. He has a problem with having a Port Authority. We do not have or will we ever have a port. That has been made very clear by DEP and EPA. Mayor Hayman spoke about a meeting he and City Manager McMahon had with Mr. O'Brien. Mayor Hayman spoke about the Port Authority looking at two sites, Feger Seafood and the old power generation plant which is number one on the list for the u.S. Army Corps of Engineers and County government. Councilman Hays feels that is number one because that could have a deep water channel without having to negotiate bridges. The DEP has refused the dredging to build a deep water port there. Mayor Hayman explained the federal authorities have said the Port Authority and Volusia County would not receive any more federal funds until a port is established. Mayor Hayman encouraged that the motion be amended and asked to table this until Mr. O'Brien can appear at the next meeting. Councilman Hatfield agreed with the Mayor that Mr. O'Brien should be present to discuss the concerns raised. Councilman Hays withdrew his motion. Councilman Mitchum withdrew his second. Councilman Hays made a motion to table Res. 96-R-30, 96-R-31, and 96-R-32, second by Councilman Mitchum. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the consent agenda. OTHER BUSINESS A. Piggybacking City of Melbourne bid for relining of manholes to Infrastructure Impact. Inc. of New Smyrna Beach Councilman Hays made a motion to approve, second by Councilman Mitchum. The motion CARRIED 5-0. B. Community Development Block Grant FY 1996-1997 Subrecipient Agreement city Manager McMahon made a staff presentation. councilman Mitchum made a motion to approve, second by Councilman Hatfield. The motion CARRIED 5-0. C. First amendment to Police Department Computer Software Agreement City Manager McMahon made a staff presentation. Mayor Hayman stated he had a conflict on interest because of his affiliation with the owner of CET and must abstain. Page -5- Council Regular Meeting December 16, 1996 1lw' ..."", Councilman Mitchum asked if this is something that requires a bid or if this is a professional service. He was informed it is a professional service. Councilman Mitchum made a motion to approve, second by Councilman Hatfield. The motion CARRIED 4-0. Mayor HaYman abstained. D. Appointin9 member to Police Pension Board due to expiration of term of Ruth Garvey, who requests reappointment Councilman Hatfield made a motion to reappoint Ruth Garvey, second by Councilwoman Martin. The motion CARRIED 5-0. E. Cancelin9 or reschedulin9 re9ular meetin9 of Monday, January 20, 1997, due to Martin Luther Kin9, Jr., birthday holiday Councilman Hatfield made a motion to cancel the January 20, 1997 meeting, second by Councilman Hays. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Kim Long, 3312 Mango Tree Drive, commented on the found property that was brought up earlier. She feels advertising the found property in the newsletter is an excellent idea. She questioned if we are following State Statutes or Edgewater's policy. City Manager McMahon informed her we are following State Statutes. Ms. Long was informed by the Attorney General's office that no where does it state that a legal advertisement must be placed. She referred to F.S. 705.103 that a reasonable effort should be made to contact the owner. She suggested giving the bikes to a non-profit organization to get the bikes distributed to children that need them. Councilman Hatfield asked Councilman Mitchum how they get the bikes from the County. Councilman Mitchum explained they ask for them in writing. Councilman Hatfield questioned if they could do the same thing if they had a non-profit group ask for the bikes. Chief Schumaker explained in past years they have given them to Parks and Recreation and the Fire Dept. Councilman Mitchum explained last year they refurbished and distributed 143 bikes. He informed Council he could use more bikes because they have had requests for 200 this year. Councilman Hatfield made a motion to give the bikes to Bob Fischer Pontiac Oldsmobile and Nissan, second by Councilman Hays. The motion CARRIED 5-0. OFFICER REPORTS City Manager McMahon had nothing at this time. City Attorney Storey asked for approval of the Mutual Aid Agreement for Volusia County Law Enforcement Agencies. She presented the background information. Councilman Hatfield made a motion to approve, second by Councilwoman Martin. The motion CARRIED 5-0. City Clerk Wadsworth had nothing at this time. Council wished everyone a Merry Christmas. ADJOURNMENT There being no further business to discuss, Councilman Mitchum moved to adjourn. The meeting adjourned at 9:00 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting December 16, 1996 MEMOlMNDUM OF VOTING CONFLICT FM( MUNICIPAL PUBLIC OFFICERS Name: Last, First Middle Name of Board, COilllcil, Commission, Authority or Committee Hayman. Sr.. Jack H. City COilllcil Mailing Address: P. O. Box 100 The Board, COilllcil, Commission, Authority or Committee on which I serve is a Unit of: OTIIER X CITY COUNTY LOCAL AGENCY City COilllty Name of Political Subdivision: Edgewater V olusia Edgewater Date on Which Vote Occurred: My Position is: December 16. 1996 X ELECTIVE APPOINTIVE DISCLOSURE OF CITY OFFICER'S INTEREST I, Jack H. Hayman. Sf. , hereby disclose that on December 16 19 96 (A) A measure came or will come before my agency which (check one) inured to my special private gain or loss: or inured to the special private gain or loss of whom I am retained; or , by X inured to the special private gain or loss of a relative or business associate. (B) The measure before my agency and the nature of my interest in the measure is as follows: Item 7C - First amendment to Police Department Computer Software Agreement with Communications Engineering Technology, Inc. (CET), William K. Davis, President ofCET and I are business associates in another firm, Data Technology, Inc. (Forms\mayor-di) j-t-Cf7 Date Filed