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03-18-1996 - Regular ...... "....., CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 18, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman c~lled 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 Miracle, Friendship Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meeting of March 4, 1996 Councilwoman Martin made a motion to approve the March 4, 1996 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) Mr. Vazquez asked to be moved up on the agenda. Councilman Hatfield suggested he be moved up to Item 7E so Mr. Vazquez would not be limited to three minutes. It was the consensus of the Council that he be placed on the agenda as Item 7E. There were no citizen comments at this time. CITY COUNCIL REPORTS 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. Councilman Hays stated now that we have bus service inside the City, we also have the bus stops. He would like to see the city initiate a program to purchase benches and use them for advertisement and earmark those dollars for our parks and recreational programs. He feels businesses in the community would support that type of advertising. Councilman Hays suggested Mr. Corder and City Manager McMahon look into this. It was the consensus of the Council to proceed with Councilman Hays' suggestions. ~ ..., Councilman Hays commented on the good input he has received from the community on the bus service. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. First readinq Ord. 96-0-02 Establishment of water rates by resolution and consideration of interlocal aqreement for provision of temporary potable water service to Volusia County City Manager McMahon commented on a letter he received from Mr. Pennebaker, Chief Operating Officer, Volusia County. City Manager McMahon hopes the County will come to the conclusion that the rate is fair, although they don't seem to be challenging that. He asked if there are other conditions, he would like some flexibility after tonight to work with the issues that are still being discussed. Mike Rocca, Hartman and Associates, spoke about the interlocal agreement his firm helped the city prepare between the County of Volusia and the City for potable water service. City Manager McMahon explained that the ordinance is on the agenda. He further explained that water rates will not be established by resolution in the future and gave the basis of the inter local agreement for provision of the temporary potable water service to Volusia County. He asked Council to enact this tonight with the understanding that we would have the flexibility to work out minor details that are not of substantial nature to change the agreement. Mayor Hayman read Ord. 96-0-02. Councilman Mitchum made a motion to approve Ord. 96-0-02, second by Councilman Hays. Councilman Hays is glad to see positive steps have been made to provide potable water to these folks. Mayor Hayman commented on why they are going to establish rates by resolution and not by ordinance. The motion CARRIED 5-0. Mayor Hayman asked City Attorney storey if they are supposed to comment and vote on the agreement as well. He was informed yes. Councilman Hatfield made a motion to accept the draft with the City Manager's comments taken into consideration, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Memorandum of Understandinq between HRS Volusia County Public Health Unit and the City to allow HRS to provide Hepatitis B vaccine to identified City employees B. Wastewater treatment facility sand and qrit removal from master lift station C. Confirm appointments of employee-elected members Tyna Hilton, Char lane Runqe. and Lynne Plaskett to General Employees Pension Board of Trustees Councilman Hays asked about the Hepatitis B vaccine. He feels this is something that is needed. He feels any employee in an area where he or she may be contaminated should be given the option to get the vaccine. Councilman Hatfield made a motion to approve the consent agenda, second by Councilwoman Martin. The motion CARRIED 5-0. Page -2- Council Regular Meeting March 18, 1996 ..." ~ OTHER BUSINESS A. Presentation of City audit for fiscal year ending 9/30/95 Finance Director Munoz briefly commented regarding the financial statements being the responsibility of the City. He listed the people who receive a copy of the audit reports. He commented on the records reviewed by the auditors. John Vodenicker, Ernst and Young, informed the Council he also had Carolyn Paul, Manager on the City's account, with him to make a few remarks. Mr. Vodenicker commented on the opinions listed on Page 15, paragraphs 3 and 4 of the financial report. He then spoke about the larger funds listed on Page 23. He continued addressing items listed on Page 57 that are not recorded. Mr. Vodenicker presented general comments and overviews of how he feels the City did this past fiscal year. Carolyn Paul presented overall conclusions from their audit and in producing the comprehensive annual financial report. She acknowledged the Finance Department, especially Fred Munoz and Karen Rickelman, for their help and assistance. Councilman Hays made a motion to accept the City audit, second by Councilman Hatfield. The motion CARRIED 5-0. B. Chamber of Commerce request re: "Tourist Information station" Bob Thurlow, Vice President, Economic Development, Southeast Volusia Chamber of Commerce made a presentation regarding the "Tourist Information station." There was a discussion regarding a location for the station possibly being out by the Water Plant. Councilman Hays explained he understands why New Smyrna Beach would need a tourist information station because of the beaches but he doesn't see this being a need in Edgewater. He has no problem with putting the antenna at the Water Plant but there has been no determination as to who would pay for this. He doesn't feel the City needs to buy into this. Mr. Thurlow informed Councilman Hays they aren't requesting money. Mayor Hayman also has no problem putting the antenna at the Water Plant site as long as it doesn't interfere with other operations. Mayor Hayman informed Mr. Thurlow that City Manager McMahon would be getting back to the Chamber regarding the technical aspects of locating the antenna at the Water Plant site. C. Community Development Block Grant annual plan for FY-1996 and update of 5-year budget projections community Development Director Mark Karet made a presentation regarding this being the start of the annual allocation process for the Block Grant program. The County has requested the City prepare an annual plan worksheet as well as an update of the 5- year budget projections. Mr. Karet referenced a letter written by Lynne Plaskett to County staff regarding using $10,000 of the current year's allocation in order to do a survey of some portions of the City. Mr. Karet explained the County is requesting a recommendation or acceptance of the two documents discussed by him. Page -3- Council Regular Meeting March 18, 1996 ...... ..., Mayor Hayman questioned Ms. Plaskett's $10,000 for the survey and whether the City's proposal to do the survey. Mr. they are. letter regarding the County is receptive to the Karet informed him yes Councilwoman Martin made a motion to approve the request for the annual plan worksheet and 5 year budget projections, second by Councilman Hays. The motion CARRIED 5-0. There was a five-minute recess at this time. D. Councilman Hays' request to discuss sources for funding of July 4th fireworks Councilman Hays spoke about requests over the last few years for budget dollars for the fireworks display. His problem with this is the cost is getting expensive. He commented on requesting assistance from other cities. Two cents was collected from New Smyrna Beach. Councilman Hays feels this needs to be seriously considered. If we have any fund raising activities that the Volunteer Fire Department can do, he certainly hopes everyone in the community would support it. He feels they need to look into areas where money is needed in the community such as Parks and Recreation. Councilman Hays made a motion to not budget a penny this year for fireworks. City Manager McMahon stated there is no money and unless the Council were to appropriate money from its fund balance as they have done in the past, there will be no money in the budget for fireworks this year. Councilman Hatfield spoke as being a coach of a softball team and how they are practicing on New Smyrna fields and playing in a Port Orange league because there isn't enough money to put together another league. He feels the money needs to be spent on the youth. Councilman Hays explained he was not trying to make fun of New Smyrna because of the two cent donation, he realizes they have their budget problems too. It was donated in fun. Mayor Hayman stated he understands the need for the Recreation Department and he is going to work hard to come up with some creative ideas to garner more money for them. He would hate to see this go and he hopes the citizens of the community and the leadership of the Volunteer Fire Department can be instrumental in bringing it about without having to go to the budget. George Barlow, 1792 Persimmon Circle, commented on sending letters in the past to New Smyrna and Oak Hill and getting no response. He recommended a letter be sent from the City to New Smyrna Beach and Oak Hill. Mr. Barlow commented on a program they have set up with address labels for all businesses in Edgewater and probably New Smyrna requesting donations. Mr. Barlow feels the 4th of July is for the children too. The fireworks mean a lot to everyone. This year it means a little more to them because it is the 10th anniversary since they lost their chief. Councilman Mitchum asked if this is something the City could get the Chamber involved in. Mr. Barlow stated they have asked the Southeast Volusia Advertising Authority for money before and they put out a program for them in which they sold advertising in the program. That is what kicked in their $4,000 last year. They will not give you money for fireworks. Page -4- Council Regular Meeting March 18, 1996 .~ ...." councilman Mitchum suggested speaking to steve Dennis because of all the exposure they have to the business community that they might help us get some public relations. Mr. Barlow agreed to speak to the Chamber and see what they could do to put some information out. He asked that New Smyrna be contacted. Councilman Hays informed him they have talked to New Smyrna on more than one occasion and they are not in a position to give any money unless they have changed their minds. Councilman Hays informed Mr. Barlow he is not trying to attack the Volunteer Fire Department and the people who work so hard for this. It is a matter of dollars and having something to show for it after it is spent. Councilman Hays stated if the firefighters are standing at a traffic light with a boot asking for money for fireworks, he promised to drop money in the boot. He feels other people in the community that can afford to do it will do the same thing. Mr. Barlow stated there will be fireworks on the 4th of July. Councilwoman Martin expressed concern that the people in the neighboring cities don't see the importance of the fireworks. They get the enjoYment out of it and if we stopped doing it, they would be sad and yet they do nothing about getting their officials to make a donation. Mr. Barlow stated they are working on different ways to collect money for the fireworks. Mayor Hayman volunteered to sit in the dunking booth. Councilwoman Martin suggested putting an ad in the paper asking for donations. Mr. Barlow stated he thinks it was on the back of the water bills and they received two checks for $25. E. Ben Vazquez, Jr. re: Florida Shores infrastructure, capital improvement program Ben Vazquez, Jr., temporarily residing at 2807 Needle Palm Drive, domicile 1907 S. Atlantic Avenue, read a prepared statement. GENERAL CITIZEN COMMENTS/CORRESPONDENCE John Gard, 2403 35th Street, stated originally they said they were going to pave 35th Street and all of a sudden they came up with retention ponds on 35th Street from Yule Tree for about three blocks. He spoke to a Superintendent with Halifax and they said they are going to have the east-west 34th Street open all the way down to Silver Palm and now he hears they are not going to pave that. He spoke to another Superintendent with Halifax who told him they were going to pave one block between Yule Tree and Woodland of 34th Street. He doesn't understand. Either they are going to pave 34th Street, or none of it, it would look like to him. City Manager McMahon encouraged anyone with questions to get in touch with City Engineer Fegley. The paving schedule that we originally had the assessments for has not changed. Mr. Gard said he received a letter saying they were going to pave 35th Street. They aren't paving all of it because they put in retention ponds in three blocks of 35th Street between Silver and Yule. City Manager McMahon again informed Mr. Gard to contact City Engineer Fegley. Mr. Gard spoke about previous meetings he has had with Mr. Fegley. Page -5- Council Regular Meeting March 18, 1996 ~ ~ . Lois Sala, 2226 willow Oak Drive, expressed concern regarding the safety of children swimming in the retention ponds. Mayor Hayman stated they are concerned about the welfare and safety of the children but there is also a parental responsibility. He encouraged the citizens if they witness this kind of behavior to encourage the children to play elsewhere. Ms. Sala questioned the land behind Florida Shores that has been allocated and when you drain the water off it is going to run into the retention ponds which will collect higher. Councilman Hays explained the City has a water management plan that it is required to have. He invited her to look at it if she has concerns about it. Our water management plan has been approved by the State and Federal government as it must be. He assured her the City is not draining wetlands, there is a group of people in Tallahassee that would correct that and there would be severe penalties involved. He commented on percolation. There was a discussion regarding previous comments made being categorically untrue. The City would not have been permitted for the water permits or the roads if the City violated any laws. Councilman Hays apologized for the untrue information circulating in the community. Robert Hall, 3327 willow Oak Drive, commented on water draining onto his property. City Manager McMahon explained the system as it is now is not connected. Mayor Hayman encouraged Mr. Hall to come in and speak to the City Engineer. Mary Muller, 1108 S Ridgewood Ave, stated she is selling 8 acres of property for $280,000 and asked the City to consider purchasing this land so the public could use it for their pleasure. Councilman Hatfield questioned the exact location of the property. Ms. Muller explained it is located between Turgot Avenue and Dustins. Councilman Mitchum spoke to Mr. Corder about a couple of the things discussed by Ms. Muller. He spoke about the 26 acres the city doesn't have the money to develop. He would not support the purchase of that property for ballfields when they already have 26 acres. He suggested to Mr. Corder that it would be a beautiful piece of property for a future City Hall complex. city Manager McMahon explained they tried to look at how the City might be able to afford it and the payout if we were to incur a debt to buy it. He recommended the City cannot afford it. Mayor Hayman would like to have city Manager McMahon do the particulars on it and bring it back to the Council. Councilman Hatfield explained Ms. Muller wants to see the property kept intact. Ken Fairchild, 2727 Willow Oak Drive, asked the target date on completion of the retention ponds. He spoke about what a mess he feels they are going to be. Councilman Mitchum asked Mr. Fairchild if he has been into the areas where it is finished. Mr. Fairchild informed him he has seen one street. Councilman Mitchum informed him it is working. It is not working in the areas where it is not finished. When it is finished, it will work. Mr. Fairchild questioned councilman Hays informed Manager McMahon informed the rain. the completion date on him around a year from him it will be delayed Page -6- the contract. now. City longer because of Council Regular Meeting March 18, 1996 -- ..., .' City Manager McMahon encouraged Mr. Fairchild to come in and speak to City Engineer Fegley. Councilman Hays stated the City will be in a water management magazine a few months from now for our project and the way it is designed. Kate cumiskey, 2112 Royal Palm Drive, spoke about problems she is having with someone from the coaching staff for Little League. She urged the Council to take an active roll in finding out how these coaches are screened and chosen and to act accordingly for the children's sake. Mayor Hayman presented a briefing on what is to be done to take care of this situation. City Manager McMahon explained his role in this situation. He asked for the right to complete his investigation with the Parks and Recreation Director and to take appropriate action that would be in the best interest of all people. City Attorney Storey explained her role in this situation. The situation is not being ignored but from a legal perspective there are rights to everyone involved. Councilman Mitchum feels Ms. Cumiskey's point is well taken. He is glad he has been made aware of this and that it sounds like it is being taken care of. City Attorney Storey clarified that Ms. Cumiskey indicated the individual involved admitted how she has characterized the incident and that is not her understanding. She is not disputing what Ms. Cumiskey is saying, but in all fairness there is another side and City staff is looking at all sides. Leo Cronin, 111 South Cory Drive, spoke in favor of the coach being discussed. City Manager McMahon asked Mr. Cronin to contact him in the morning. Paul Jenkins, 2029 willow Oak Drive, commented on the bus stop shelters deteriorating and disappearing. He would like to see a roof structure to protect the children waiting for the bus from the weather. Councilman Hays commented on the gentleman that made a presentation a couple of years ago regarding bus structures. We authorized him to come and set those up but he couldn't get enough advertising to make it worthwhile so that never happened. Mr. Jenkins suggested Parks and Recreation getting into it. Councilman Hays spoke about problems they have had with obtaining school bus shelters. City Manager McMahon commented on the bus shelters that were taken down being a serious safety problem to the children. Mr. Jenkins questioned if the Council is still looking into paving all of 22nd Street if there is enough money left over toward the end of the project. Councilman Mitchum stated if there is any money left over, Roberts Road needs to be looked at for resurfacing. Mayor Hayman commented on priorities and Roberts Road coming before 22nd Street. There was a discussion regarding the percentage the City is ahead up to this point and the extra cost to pave 22nd Street. City Manager McMahon with the reconfiguration of some of the ponds, the City will be fortunate if we stay on the money. Page -7- Council Regular Meeting March 18, 1996 ~ ....",.. .. Dominick Fazzone, 302 Paradise Lane, congratulated staff, Council, City Attorney storey and city Manager McMahon for being able to stand up and have something done for the good of the community. Mr. Fazzone commented on the UTE taking the city to court. He spoke about the case being thrown out with prejudice, meaning this group cannot sue the City at a higher court. Mr. Fazzone also feels they should not be throwing money in the air for fireworks. He spoke about the Volunteer Fire Department. Mr. Fazzone donated $25 to the fireworks display and offered to donate an additional $25. Councilman Mitchum and Councilman Hatfield agreed to match Mr. Fazzone's $25 donation. David Turner, 2623 willow Oak Drive, asked about the four way stops at every intersection on 26th street. He questioned if this is going to continue. City Manager McMahon explained they were put up due to construction initially. He explained we are going to have four way stops where it is absolutely necessary. Mr. Turner commented on the bus stops that have been established for Votran and the benches down on Roberts Road are sitting basically right on the road. He asked if it had been looked into to move them back. There was further discussion regarding the location of the benches. Councilman Hays feels they should be in charge of the benches and the advertising that goes on them and where they should be located. Mr. Turner asked if there was any information available regarding Indian River Blvd. and the tests they are doing on the different types of pavements. Mayor Hayman explained they have reached the point now where they have to take corrective action. There was a discussion regarding the statistics on how many people are using the Votran Service. OFFICER REPORTS City Attorney city Attorney Storey commented on the lawsuit with members of the UTE being dismissed. Councilman Hays is happy with the way the lawsuit turned out. city Attorney Storey spoke of the contributions of Mr. Wadsworth and Mr. Munoz and their efforts to help Mr. Stewart understand the assessments which shortened the work necessary for him to come up to speed. Councilwoman Martin expressed her opinions on the lawsuit. City Manag-er City Manager McMahon reminded the Council of the water alliance meeting on March 25th. City Manager McMahon commented on a meeting with the Volunteer Fire Department and Fire Chief due to a problem with the titles of volunteers and paid firemen. Page -8- Council Regular Meeting March 18, 1996 ,. ~ ~ George Barlow explained the volunteers were very pleased with the outcome of the meeting. He commented on the unique situation with volunteers and paid firemen working so close together. Councilman Hatfield Councilman Hatfield stated that Edgewater Elementary won the International award of excellence for their animation department. He commented on doing a luncheon at G.D. McGuinn's for the kids. Councilman Hatfield asked that at the next meeting, the Council review the movie and set up something for this year. He would like the kids to be recognized. City Clerk City Clerk Wadsworth had nothing at this time. Press There were no comments from the press. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilman Hatfield. The meeting adjourned at 9:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting March 18, 1996