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07-15-1996 - Regular ~ .....". CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 15, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: vice Mayor Martin called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL Mayor Jack Hayman Councilman Danny Hatfield Vice Mayor Louise Martin Councilman Michael Hays Councilman David Mitchum city Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Acheson, Nazarene Church. There was a pledge of allegiance to the Flag. PRESENTATION OF CERTIFICATES/PLAQUES A. To First Community Emergency Response Team Class of 14 Participants Fire Chief Bill Vola presented the 14 participants of the Community Emergency Response Team and Vice Mayor Martin presented them with certificates. The 14 participants are residents of Edgewater Landing. Chief Vola informed Council on June 25th the American Business Women's Association voted to donate $1,000 to the Dept. of Fire Rescue Services to help teach our residents post disaster self help through this Community Emergency Response Team education program. Arlene Moore, President, American Business Women's Association, presented the $1,000 donation and urged other businesses to become involved in this program. Mercy Koppenhafer, Leader of the CERT Team, thanked members of the Fire/Rescue Dept. for the wonderful job they have done with training. She asked Council to consider putting money in the budget for the CERT program. B. From Volusia/Flagler Safety Council for Excellence in Safety and Health for 1995 Vice Mayor Martin presented Charlane Runge with a certificate from the Volusia/Flagler Safety Council. Char Runge thanked the Council, Department Heads, and employees of the city. She commented on the program getting better and better with the support of the employees. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Finance Director Fred Munoz commented on Item 8A - Consensus of proposed millage rate for Fiscal Year 1996/97. The public meeting will be advertised in the proper format tentatively set for September 4, 1996. ... .""", City Manager McMahon suggested Council leave the millage rate where it is until the workshop. Judith Lichter, 826 Navigators Way, informed council she would hold her comments regarding the millage rate but would like to speak under Item 6A. CITY COUNCIL REPORTS City Manager McMahon informed Council he would comment later on the Water Alliance budget. City Attorney storey had nothing at this time. Councilman Hatfield had nothing at this time. Vice Mayor Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public hearing Ord. 96-0-06 re: establishment of rates for garbage and trash collection and disposal by resolution and Res. 96-R-20 establishing a schedule of rates Vice Mayor Martin read Ord. 96-0-06 and opened the public hearing. City Manager McMahon made a staff presentation on the reasons why the $.50 increase is needed. Finance Director Fred Munoz further elaborated on the increase. City Manager McMahon commented on the City picking up anything that is put out. Judith Lichter, 826 Navigators Way, commented on the trash and recycling on the utility bills. She feels if there was a savings on the recycling price, then that savings could be put towards the proposed increase. City Manager McMahon explained the recycling contract is for five years and the City is into its third year. He informed Ms. Lichter he will look into a cost savings when the contract comes due. Dominick Capria, 606 based on tonnage and well as residences. based on residential Topside Circle, asked about the cost being if this includes pickup for businesses as City Manager McMahon explained why it is only. Councilman Hays commented on the strict federal guidelines at landfills. He spoke about the disposal of hazardous waste. city Manager McMahon commented on not being able to control the landfill costs. Councilman Hays spoke about recycling being a big help. When the landfill is full, the trash will need to be shipped which is going to get very expensive. If everyone in the County worked as hard as the people of Edgewater, we would have that landfill for a lot more years. City Attorney Storey informed Council they need to vote on Ord. 96-0-06 and Res. 96-R-20 separately. Vice Mayor Martin closed the public hearing. Councilman Hays made a motion to approve 96-0-06, second by Councilman Hatfield. The motion CARRIED 4-0. Page -2- Council Regular Meeting July 15, 1996 ~ ... vice Mayor Martin read Res. 96-R-20. Councilman Hatfield made a motion to approve Res. 96-R-20, second by Councilman Hays. The motion CARRIED 4-0. B. Public hearing re: proposed settlement of Maloney v. City of Edgewater vice Mayor Martin opened the public hearing. City Attorney storey commented on the recommended settlement of the case, Maloney vs. City of Edgewater with payment of $7,500. She explained this is a matter regarding a suit that was filed involving the police department regarding a domestic situation as well as an arrest for disorderly conduct. City Manager McMahon explained the cost for litigation would have far outweighed the settlement offer. city Attorney Storey stated the complaint is public record and would be available in her office. Judith Lichter, 826 Navigators Way, questioned when the city settles, is that an admission of wrongdoing. City Attorney Storey informed her no. vice Mayor Martin closed the public hearing. Councilman Mitchum questioned if this is a matter of public record and it is available in her office, why is it not being stated what the case is. City Attorney Storey elaborated on the situation. Councilman Mitchum made a motion to approve the proposed settlement, second by Councilman Hays. Councilman Hays asked if our practice in our standby policy has changed. city Attorney Storey informed him no, the practice has not changed. The motion CARRIED 4-0. C. Res. 96-R-19 Requesting Florida Legislature to undertake unbiased and comprehensive study of total life cycle costs of overhead vs underground electric utilities and requesting distribution of costs associated with transition from overhead to underground electric utilities be in a fair and equitable manner to all benefited parties vice Mayor Martin read Res. 96-R-19. Councilman Hays made a motion to approve Res. 96-R-19, second by Councilman Mitchum. The motion CARRIED 4-0. CONSENT AGENDA There were no items to be discussed on the consent agenda. OTHER BUSINESS A. Consensus of proposed millage rate for Fiscal Year 1996/97 City Manager McMahon presented a report on the proposed millage rate. He suggested Council retain the current millage of 7.1017 mills which may be adjusted downward from this point until the final budget meeting but may not be adjusted upwards if approved tonight. Councilman Mitchum moved for approval, second by Councilman Hatfield. The motion CARRIED 4-0. Page -3- Council Regular Meeting July 15, 1996 '-" ~ B. Appeal of decision to revoke solicitation registration of Teens Against Drugs and Alcohol, Inc. The Executive Director has asked that this item be deferred. C. United Way sign requests victoria McGuirk, Communications Committee, united Way, requested hanging a banner, to be placed on the Chamber of Commerce building or other prime location in the City. The campaign runs from August to November. Councilman Hays questioned if banner signs are permitted under the sign ordinance. Mr. Karet elaborated on his concerns. The new draft sign ordinance being brought before LDRA at the end of this month does permit banner signs. staff suggested a reversal of what has been past practice in the City for over a decade. What is being proposed would be allowing businesses to have banner signs up for a period of thirty days during a special event. There was a discussion as to where to hang the banner. Council left it up to Mr. Karet to decide where to hang the banner. There was a discussion regarding the Campaign Progress Thermometer and whether this is a County matter due to united Way wanting to place the sign at the northwest corner of U.s. #1 & state Road 442. The sign will be installed by Volusia County's Road and Bridge Department. Councilman Hatfield moved for approval, second by Councilman Mitchum. The motion CARRIED 4-0. D. Request for grant of variance from shoreline buffer - Pelican Cove East Mr. Karet made a presentation regarding this request. staff has requested the applicant to develop a stormwater design that will accommodate the runoff from the pool and from the addition. They have done so and it has been reviewed and approved by the City Engineer. Councilman Hays asked City Engineer Fegley if he is satisfied that the increase to the potential runoff would be abated by this design. Mr. Fegley informed him yes, it is probably a lesser runoff contributing to that area than if they were not in that fifty foot mean high water line. There was further discussion regarding the runoff from the pool and the addition. Councilman Hatfield expressed concern with the concrete bulkhead. Mr. Fegley elaborated on his concern. Sheldon Murphy, 3 Pelican Lane, was present. Councilman Hatfield questioned if it would be more beneficial for this to come back with two feet at that end or would that make much of a difference. Mr. Fegley further elaborated. Councilman Mitchum questioned the height of the seawall. Mr. Murphy informed him the seawall is approximately 5' tall. He has already laid a layer of block on top of that which raises the seawall another foot. Mr. Murphy commented on the requirement for his retention pond being 364 square feet but he intends to make it larger which should make the situation better. Councilman Hays questioned the area between the bulkhead and pool where the drainage line is located. He asked what that consists of. Mr. Fegley informed him that is surface flow. Page -4- Council Regular Meeting July 15, 1996 ~ ...." vice Mayor Martin questioned the square footage that is allowable on that piece of property. Mr. Karet couldn't recall but assured Council it has been checked and they are in no danger of running into their coverage allowances. Councilman Hatfield expressed concern with tide flows. vice Mayor Martin questioned if the LDRA was involved in this. Mr. Karet explained the process is not within our zoning ordinance but was established pursuant to the County's minimum standards. There was a discussion regarding cutting the square footage down to allow for the pool. Councilman Hatfield moved for approval, second by Councilman Hays. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. OFFICER REPORTS Councilman Mitchum had nothing at this time. Councilman Hays commented on Water Alliance minutes he has reviewed. He expressed concerns on verbiage on correspondence dated July 5, 1996, Page 4, Paragraph 3. He expressed concern regarding the Water Alliance Administrative budget. He does not agree with the proposed budget. City Manager McMahon elaborated on Councilman Hays' concerns. There was further discussion regarding the administrative costs in the Water Alliance budget. City Manager McMahon informed Council of his meeting with the County Manager on July 24th regarding the Wastewater Treatment Plant. He agreed to report back at a later date. City Attorney storey reminded council of an Executive Session scheduled for July 17, 1996 at 7:00 p.m. regarding the S & E matter. City Manager McMahon had nothing at this time. City Clerk Wadsworth had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn. The meeting adjourned at 8:25 p.m. Minutes submitted by: Lisa Kruckmeyer Page -5- Council Regular Meeting July 15, 1996