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09-09-1996 - Special/Public Hearing ~ ....""" CITY COUNCIL OF EDGEWATER SPECIAL MEETING/PUBLIC HEARING SEPTEMBER 9, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Special Meeting/Public Hearing 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 Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Excused Present Present Present Mayor Hayman spoke about the condition of City Manager McMahon who is currently in the hospital. Hold public hearings on Ord. 96-0-07 and 96-0-08 Amending Chapter 16 of Code of Ordinances in reference to public service taxes on telecommunication services and water services Mayor Hayman presented the background and recommendation for Ord. 96-0-07 and 96-0-08 and read Ord. 96-0-07. Mayor Hayman opened the public hearing. There were no staff or Council comments. Mayor Hayman commented on abstaining from the first reading and needing to do so again due to two conflicts of interest. Dominick Capria, 606 Topside Circle, stated he is not against to some degree on what has been done. He feels it is great the millage rate has been reduced. He briefly spoke about the water rates being increased. Mayor Hayman informed him they were talking about Ord 96-0-07. There were no further citizen comments. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Ord. 96-0-07, second by Councilman Hays. The motion CARRIED 4-0. Mayor Hayman abstained. Mayor Hayman read Ord. 96-0-08. There were no staff or Council comments. Mayor Hayman opened the public hearing. Dominick capria, 606 Topside Circle, doesn't understand why Council didn't leave the millage rate alone instead of raising the water rates. He spoke about property taxes and values going down in some areas in the city. He commented on his taxes going up. He complimented Council for reducing the millage rate. He doesn't feel all the facts were given to the citizens. He feels the 10% should have never happened. ...... ,...." Mayor Hayman informed Mr. Capria he doesn't know where he got his facts about the property appraisal in Florida Shores. His taxes went up $1,400. Mr. Capria stated he has looked into one case so far but he intends to check more. He intends to check some of the rest of the City other than Florida Shores and he is afraid that is what he is going to find out throughout the whole City. Councilman Mitchum stated his taxes went up too. Ralph whitehead, corner of 12th Street and Flagler Avenue, questioned how long the 10% increase for water is planned for. Mayor Hayman informed him this budget is for one year. Mr. Whitehead questioned which area they are going to attack first next time, the millage or more on the water. Mayor Hayman informed him he could not tell him that at this time. Mr. Whitehead feels something should be done about the water rates. Judith Lichter, 826 Navigators Way, spoke about the tax on the amount of water used. She feels this will jeopardize large families. She suggested pulling the budget a little tighter by putting an even tax on everyone for water every month which would equally outnumber the downfall from devaluating the millage. Paul Jenkins, 2029 willow Oak Drive, passed out a rate comparison. He spoke about there being a reduction in the tax bills on the properties that have no water use at all with no increase anywhere else to make up for it. The renters and the large families are going to be the ones making up the increase. He asked that this be tabled and for Council to take another look at the whole picture and try to come up with a more equitable way. There were no Council comments. Mayor Hayman closed the public hearing. Councilman Mitchum asked Finance Director Fred Munoz to explain the original reason for moving to this scenario which he did at this time. He informed Council they have already committed to the 6.59% millage rate. Mayor Hayman explained the reduction of the half a mill and the increase in the water of 10% at 5,000 gallons is going to break even the way he has it figured out. Councilman Hatfield made a motion to approve Ord. 96-0-08, second by Councilwoman Martin. The motion CARRIED 5-0. Hold public hearings on Res. 96-R-24 adopting millage rate and Res. 96-R-25 adopting final budget for fiscal year 1996/97 Mayor Hayman presented the background and staff recommendation for Res. 96-R-24 and 96-R-25. Mayor Hayman read Res. 96-R-24 and opened the public hearing. There were no staff or Council comments. Paul Jenkins, 2029 willow Oak Drive, spoke about how this is going to affect larger families who use more water than anyone else. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Res. 96-R-24, second by Councilwoman Martin. The motion CARRIED 5-0. Page -2- Council Special Meeting/ Public Hearing September 9, 1996 ..." ..."", Mayor Hayman read Res. 96-R-25 and opened the public hearing. There were no staff or Council comments. Mayor Hayman opened the public hearing. Due to there being no citizen comments, Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Res. 96-R-25, second by Councilman Hays. The motion CARRIED 5-0. Councilman Hays thanked staff for their work. He asked Mr. Munoz and utilities Director Terry Wadsworth to look at the water rates and scales for next year to see if there is an unfair balance. Councilman Mitchum and Mayor Hayman agreed with Councilman Hays' comments. Councilman Hays made a motion to adjourn, second by Councilman Mitchum. The meeting adjourned at 7:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -3- Council Special Meeting/ Public Hearing September 9, 1996 ...."~,_.. ,,-~,,'-"'-'-- ~,--._._- -~. H_ ___. ~ '. . '~ORM 8B MEMORANDUM OF VOTING CONFLICT fOR 'COUNTY, MUNICIPAL-AND 'OTHER LOCAL~UBLIC OFFICERS l4S1 NAMl-f1RST NAMl--MII)L>lE NAME NAME: OF B04RD. roLJNCll. COMMISSION. ~rTHORln. OR COMMITTU Hayman, Jack H. City Council MAILING 4L>L>kE:SS THE BOARD. COUNCil. COMMISSION. 4UTHORIT\". OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X('ITy COUNT\" OTHER LOCAL AGENCY nTY COUNn Edgewater NAME or POLITICAL SUBDIVISION Volusia Edgewater D"TE 01', \\ HICH VOTE: OCCURI\EL> MY roSlTlor-; IS September 9, 1996 X ELECTIVi: APPOINTIVE WHO MUST FILE FORM IB 1 'I N \1(:: i)u'\: U This form is for use by any person serving at the county, city. or other local level of gover.nrneN -09 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 conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law are mandatory; although tile use of this particular form is not required by la\\, you are encouraged to use it in making the disclosure required by lav.. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this rea~on, 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 to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) b) whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEr-.; by'publicl) stating to the assembly the nature of your interest in the measure on which you are abstaining from \'oling; and WITHII' 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 minute~ APPOI'TED OffiCERS: A person holding appointive count). municipal. or other local publi( office MUST ABSTAIr-.; from \oting on a measure v.hich inure~ to his special pri\'ate gain. Each local offICer also i~ prohibited from kno" ingl) voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A per50n holding an appointive local office otherwise may participate in a maller in which he has a conflict of interest, but must disclose the nature of the conflict before making any allempt 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 allempt to 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 pro\ided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the mailer in which you have a conflict of interest PAl.l I (I I ( III \I ~H III MI, '~ ..f~ou I~AXE NO AlTEMPT TO INFLUf ~E THE DECISION EXCEPT BY DISCUr ON OR VOTE AT THE MEETING: W 'W . 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 .fter the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF IT A TE OFFICER'S INTEREST I, Jack H. Hayman, Sr. , hereby disclose that on September 9 96 ,19_: (a) A measure came or will come before my agency which (check one) ~ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (N The measure before my agency and the nature of my interest in the measure is as follows; Public Hearing Ordinance No. 96-0-07 regarding proposed public service taxes on telecommunication services. I am one of the two owners of Data Management, Inc.. The proposed tax on telecommunication services would impact several of the products which Data Management, Inc. markets. '- DOl< Fit:: 'Ser- 9, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES iIl2.3J7 (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, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED 55,000. n FOR.., 18 . 10.16 PAGE: