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03-04-1996 - Regular ...... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 4, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Jack 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 Campagnone, retired Roman Catholic priest. There was a pledge of allegiance to the Flag. PROCLAMATIONS A. Excellence Award to Boston Whaler Mayor HaYman read and presented a plaque to Doug Fonte, President of Boston Whaler. Mr. Fonte thanked the City. B. Mike Poniatowski and Advanced Medical and Pharmaceutical for Donations to Fire/Rescue for Upgrade to Advanced Life Support Services Mayor Hayman informed the public of the city's upgrade to provide Advanced Life Support to the citizens of Edgewater. Mayor Hayman read and presented a proclamation to Mike Poniatowski. Mike Poniatowski thanked the City and congratulated them on the milestone of achieving advanced life support. APPROVAL OF MINUTES Regular Meeting of February 5. 1996 Councilman Hays made a motion to approve the February 5, 1996 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. Mayor Hayman asked that Item 8A be moved up on the agenda. A. Discussions and updates with Volusia County Charter Review Commission Chairman and Committee Chairmen Mayor Hayman asked Bill Scovell to present some remarks on the inception of the Committee and what the County Council charged him with. He questioned the process of how the members were selected for the Committee. Bill Scovell, Charter Review commission, explained how they came into being and what the Committee has the right to do. He explained they are divided into four basic committees and he has the chairpersons with him from those committees. ~ ...."" Mayor Hayman explained the Council would like to focus on 1) the topic of the water partnership, 2) the feelings on the Growth Management Commission and 3) the Beach Trust Commission. Bob Lloyd, Chairman, Growth Management and Environmental Committee, agreed to answer any questions of Council. Mayor Hayman asked him to comment on growth management and the water issue and where his Committee stands. Mr. Scovell explained there have been no decisions made by the full Charter Review Commission. Tonight the Council may get from Mr. Lloyd and the other members what recommendation may be forth coming from the Committees. He asked that Council forward any comments that they may have in writing to the Charter Review Commission so it can be presented to the whole group. Mr. Lloyd commented on the Growth Management Commission and where his Committee stands with matters pertaining to the Commission. Mr. Lloyd spoke about the water issue. Councilman Hays expressed concerns about not having a resident from the City of Edgewater sitting on any of the committees. Councilman Hays expressed concerns regarding postering inside the County for control of the natural resources of the County. He would not support anything in the Charter amendment that would take authority away from the municipalities and the management of their own natural resources. He asked Mr. Lloyd's opinion regarding this matter. Mr. Scovell stated they have no marching orders from anyone. They are independent people doing a job they were asked to do. Mr. Lloyd presented his opinion regarding the proposed Charter change and cities having home rule powers. Whatever happens with the Volusian Aquifer Alliance, he feels it is important that we do something to protect the aquifer. Councilman Hays expressed concern with the County wanting to get into the utility service business. Mr. Lloyd explained that has not been proposed. Councilman Hays stated that is what we see happening in Volusia County. Mr. Lloyd informed Councilman Hays that issue has not been brought up. Mr. Lloyd invited Council to attend their meetings. Councilman Hays spoke about looking at the EVAC service in Volusia County. He explained municipalities are looking at getting into the ambulance service business as an enterprise fund. He asked if this Commission would support that. Mr. Lloyd informed Councilman Hays the issue has been brought up but it has not made very much headway. Councilman Hays would like this to be seriously considered. Mr. Lloyd agreed to pass on Councilman Hays' concerns. Mr. Lloyd again invited the Council to attend their Committee meetings if they have any matters they would like addressed. Councilman Mitchum thanked Mr. Lloyd for coming. He referred to the water issue. He questioned the participation of the Committee being merely out of protection for our future water resources. He spoke about getting no cooperation at all from the County regarding selling water. Councilman Mitchum stated Edgewater is sitting on two new facilities and has a big stake in this area. Councilman Mitchum agreed with Mr. Lloyd that this shouldn't become a political issue. Mr. Lloyd elaborated on Councilman Mitchum's concerns pertaining to the water issue. Page -2- Council Regular Meeting March 4, 1996 ......" """" city Manager McMahon commented on difficulties the Volusia Aquifer Alliance has had regarding southern state utilities. Mayor Hayman spoke about the economic growth of Edgewater. He feels home rule is the essential ingredient in the affiliation with the Water Cooperative. Mayor Hayman encouraged Mr. Lloyd and his colleagues to look closely at the effect any Charter question might have on the citizens and their investments in capital projects and infrastructure and comprehensive plans and goals for the long range. Mr. Lloyd commented on the growth in communities that surround Edgewater. Mayor Hayman feels there is a need for County legislative action. He expressed his concerns regarding the water issues. Councilman Hays feels reuse water is very important. It recharges the aquifer. He commented on stormwater management. Mayor Hayman explained why he feels growth management is so important. Mr. Lloyd spoke about aquifer management being unique. Mayor Hayman informed Mr. Scovell they would like to talk about the Beach Trust Commission. Doug Daniels, Chairman, Beach Trust Commission, stated the Beach Committee and Charter Review have taken a number of preliminary votes and one of the preliminary votes is to take the Beach Trust out of the Charter. He commented on the management recommendation. Mr. Daniels spoke about Daytona Beach needing help. He spoke about the erosion problems in Bethune Beach. He spoke about the environmental protection problems such as the turtles and cars parking on the beach. Mr. Daniels spoke about the Beach Trust not really addressing any of the matters that need to be addressed. He feels the reason for this is the County Council doesn't really trust it and most of the cities don't support it. Most of the cities north of New Smyrna feel the Beach Trust should be done away with. Mr. Daniels feels the cities would be better off without any advisory board than have the Beach Trust, but they would be better off to have an advisory board that the County Council has confidence in. Mr. Daniels spoke about a problem being weighted voting. He explained when the Beach Trust was established, it was assumed that tolls were going to cover the cost to run the beach. Mayor Hayman asked if the issue of beach management is going to be assigned to the Port Authority. Mr. Daniels explained they do have a management recommendation on that but it is not replacing the Beach Trust with a Port Authority. Mr. Daniels explained the Port Authority having taxing power. They are more oriented toward the Halifax and Indian Rivers inlet and would not be interested in taking on the beach themselves. Mayor Hayman questioned if an idea or opinion was formed regarding the expansion of the taxing district to incorporate all sixteen municipal governments and County government. Mr. Daniels explained if you do that, you get away from the east side funding and east side economic development projects. Page -3- Council Regular Meeting March 4, 1996 ..." ..." Mr. Scovell introduced the other members he brought with him. He encouraged the Council to communicate with him if they have concerns. There was a five-minute recess at this time. Item 8B was moved up on the agenda. B. Request of Hi Tops Lounge to extend operating hours during Bike Week March 4-10. 1996 Mayor Hayman presented the background for this request. city Attorney Storey explained a form memo would be sent out becoming effective March 6th from the Police Department allowing all establishments to stay open until 3 a.m. Elizabeth Fenical, Owner, Hi Tops Lounge, stated she is requesting to stay open until 3 a.m. Councilman Hays made a motion to approve starting March 6th, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. Police Chief Schumaker asked that notification be placed in the newspapers regarding the extension of hours to 3 a.m. CITY COUNCIL REPORTS Mayor Hayman had nothing at this time. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays commented on an article in the newspaper regarding five people that were interviewed asking what they would do to improve Edgewater. The general consensus was to improve the Parks and Recreation facilities inside the City. He feels they need to start thinking about this for the upcoming budget. Councilman Mitchum had nothing at this time. PUBLIC HEARINGS. ORDINANCES. AND RESOLUTIONS A. First reading Ord. 96-0-01 Establishing regulations for outside Storage of Vehicles, Equipment and Materials Mayor Hayman presented the background and read Ord. 96-0-01. City Attorney Storey expressed concerns with the issue of providing staff guidelines for the termination of progress. Councilman Mitchum expressed concern with the fact of how do you determine significant progress. He questioned if something can be over regulated. Maybe the City needs a process for renewing permits and not determining whether significant process has been made or not. city Manager McMahon explained it is easy to observe whether there is any apparent work done on the car. Councilman Mitchum feels they would be creating an enforcement nightmare. Councilman Hays feels maybe they need to find a reasonable deadline for time of completion. Page -4- Council Regular Meeting March 4, 1996 '-" ""'" Councilman Mitchum feels the permit process is fine and getting a permit and having it renewed is fine, but the criteria for that should be are you in compliance with the ordinance. Councilman Mitchum commented on Item 1101.01A of the proposed ordinance. He feels the permit needs to address the vehicles that are eyesores. He spoke not being able to see the car he restores unless you are invited in to see it. Councilman Mitchum agrees with the permit process. opposed to permitting the vehicle in his garage. fair to everybody. He is not He wants to be There was a discussion regarding adding verbiage to Item 1101.01A regarding his concerns. Councilman Mitchum would like to see something regarding if an eyesore is not visible, you don't have to have permitting requirements. Councilman Mitchum commented on the issue of one owner vehicles retaining a lot of value by having the one owner title. If you do that, you have to be a licensed dealer to hold an open title on a vehicle. Mayor Hayman commented on industrial and commercial uses. He spoke about being opposed to screened areas in industrial and commercial. Mr. Karet explained the current zoning ordinance for the industrial districts does require outside storage areas to be screened. Mayor Hayman doesn't feel they need to have screened areas as a requirement in the proposed ordinance because of the hardships it would cause on the businesses. There was further discussion regarding requiring screened areas. Councilman Hays feels they would be making a mistake by eliminating this because of the argument of the residential areas. If you don't screen these areas, you are presenting an attractive nuisance for kids in the area. Councilman Hays questioned if the industrial property abuts a residential area, you have to, and if it doesn't, you don't have to. He feels his suggestion should be considered. He feels they need to go back to patrol as an enforcement aspect instead of on a complaint basis. City Attorney storey informed Councilman Hays they have already gone back to patrol. Councilman Hays made a motion to approve Ord. 96-0-01 as per the changes that were discussed, second by Councilwoman Martin. Councilman Hatfield asked Councilman Mitchum if he wanted a time certain for renewal of the permit. Councilman Mitchum explained it is one year per renewal. It is one year and then you renew it with a five year cap. The motion CARRIED 5-0. B. Res. 95-R-04 Expressin9 Support for Halifax and Indian River Task Force's Halifax and Indian River Sprin9 Cleanin9 Day April 27, 1996 Mayor Hayman read Res. 95-R-04. Councilman Hatfield made a motion to approve Res. 95-R-04, second by Councilman Hays. The motion CARRIED 5-0. Page -5- Council Regular Meeting March 4, 1996 '-' ..."", C. Res. 96-R-05 Supporting Volusia County Beach Trust Commission and opposing any Effort to Dissolve said Commission Mayor Hayman read Res. 96-R-05. Councilman Hays stated by no means can he support the County taking control of the beaches. Councilman Hatfield agreed with Councilman Hays. He is not sure he supports the Commission 100%. He feels there needs to be some changes. He is not saying he would do away with the Beach Trust Commission but he feels there needs to be some revamping. Councilwoman Martin spoke in opposition of Res. 96-R-05. Councilman Hatfield moved to table Res. 96-R-05, second by Councilman Hays. The motion CARRIED 5-0. CONSENT AGENDA A. Retaining Dean, Ringers, Morgan and Lawton re: Mary Louise McDonald v. city of Edgewater B. Retaining Foley & Lardner re: S & E Contractors, Inc. v. City of Edgewater Councilman Hays moved to approve the consent agenda, second by Councilman Hatfield. The motion CARRIED 5-0. OTHER BUSINESS A. ~is~ussion.and updates with Volusia County Charter Review CommlSSlon Chalrman and Committee Chairmen This item was discussed earlier on the agenda. B. Request of Hi Tops Lounge to extend operating hours during Bike Week March 4-10, 1996 This item was discussed earlier on the agenda. C. Amendment to Hartman and Associates, Inc. Contract for engineering services related to Wastewater Treatment plant - reclaimed water system improvements and declare project impact fee eligible utilities Director Terry Wadsworth made a presentation regarding the need for his request. Councilman Mitchum made a motion to approve, second by Councilman Hays. The motion CARRIED 5-0. D. Interlocal Agreement - Unified Building Code community Development Director Mark Karet made a presentation regarding an interlocal agreement which would create a Unified Building Code. Mayor Hayman has no problem with this because it will be the same as the Port Orange version. He feels it is wise to go with theirs. Councilman Hays made a motion to approve, second by Councilman Hatfield. The motion CARRIED 5-0. E. Agreement with Department of community Affairs re: funding for comprehensive Plan Evaluation and Appraisal Report Mr. Karet presented the background on the need for an agreement with the Department of Community Affairs due to a State requirement in order to prepare an evaluation appraisal report for the Comprehensive Plan. Page -6- council Regular Meeting March 4, 1996 'W" ..." Councilman Hays spoke about a similar situation a few years ago where they sought out some temporaries to assist with this. Councilwoman Martin made a motion to approve, second by Councilman Hatfield. The motion CARRIED 5-0. F. Submittal at meeting of list of March 16 auction items and declarin9 items surplus Councilman Hatfield made a motion to approve, second by Councilwoman Martin. Councilman Mitchum questioned if the bicycles are auctioned off every year. Chief Schumaker informed him they usually give them to non profit organizations for Christmas but this year there were no requests for bicycles. There was further discussion regarding from now on the bicycles should be given to organizations. The motion CARRIED 5-0. Public Works Director Hugh Williams informed the Council the list tends to grow before the auction and informed Council he would report back at the next meeting with anything else that comes in. G. city Manager's report and proposal to provide water and sewer service to Southeast Volusia County City Manager McMahon presented a report regarding providing water and sewer service to Southeast Volusia County. City Manager McMahon feels this is an advantage for the city residents as well as Southeast Volusia because if we can add customers, obviously that is going to reduce our fixed cost. city Manager McMahon asked Council for permission to enter into negotiations with Oak Hill to provide them advanced wastewater treatment to our plant and to discuss with them the best type of transmission line and pumping station that will be needed. City Manager McMahon spoke about some discrepancies in a letter from the County. He recommended Council not release any water without a written agreement with the County and to authorize him to enter into negotiations with Oak Hill. There was a discussion regarding how long the City has been trying to work with the County Council and County staff. Councilman Hays spoke about a comment made that if the City gets into an agreement with Oak Hill, it might degrade the water quality in the Indian River. He feels there is a big misunderstanding. Councilman Hays feels maybe they need to directly contact the County Council members because apparently there is a problem finding a deal on staff level when we are dealing with County staff. City Manager McMahon informed Councilman Hays he has already sent letters to the County Council. Mayor Hayman spoke about Oak Hill only having around fifty households that would be connected to any sewer system. The majority of the customers lie in the unincorporated area. He supports City Manager McMahon's decision with regard to cutting off the County water with one exception being if there is a bona fide emergency, he would not turn his back on them. City Manager McMahon had no problem doing that. He further discussed not understanding why the County isn't cooperating with the City. Page -7- Council Regular Meeting March 4, 1996 ..., ...., Mr. Wadsworth informed the Council he spoke with the Oak Hill City Attorney and said he would recommend to the Oak Hill City Council to postpone acting on the interlocal until we can sit down and meet with them to discuss it. A meeting should be scheduled in the next few days. Mr. Wadsworth spoke about the plant not being designed with extra capacity. He informed Council that Mr. Hal Schmidt, Hartman & Associates, was available to speak about where the additional flow capacity at the plant is coming from. Councilman Mitchum expressed concern about the actual capacity of the sewer plant and if the City is equipped to handle 7,000 additional customers along with the build out of Edgewater or are we going to have to look at expanding the sewer plant. He is not opposed to it if the revenue source is there. Mr. Wadsworth elaborated on Councilman Hays' concern. Hal Schmidt, Hartman & Associates, gave a report on the design of the wastewater plant and the additional flow capacity. Mayor Hayman clarified that they are being asked to approve beginning a study to determine if the City will have the necessary customers to put on line. City Manager McMahon informed Mayor Hayman it is not necessary at this time but it would be necessary in the future to add customers. Councilman Hays made a motion to approve the recommendation of City Manager McMahon with the exception of a declared emergency, second by Councilman Mitchum. The motion CARRIED 5-0. H. Discussion of capital improvement needs Mr. Karet commented on the Capital Improvements Element which includes the project list for 1990-1995. He spoke about the projects that have and have not been completed. Mayor Hayman spoke about the item pertaining to adding two lanes to u.S. #1. DOT came to the MPO and said they couldn't add additional lanes to u.S. #1 and that it was infeasible and not to plan on it. Mr. Karet explained when they go through the evaluation appraisal report that will have to be addressed. DOT will be doing a quarter corridor study which will identify alternatives for managing traffic on u.S. #1. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mary Kresin, 1203 Regent Street, the problems she has had to deal with where she lives. She spoke about what a nuisance the ducks are to her. She spoke about her neighbor feeding the ducks in front of her house. City Attorney Storey stated she is not aware that they have any ordinance on the books that prohibits feeding ducks in any particular area of the City. For every person that doesn't like ducks, there is someone that does. Councilman Hays suggested if it takes a bit of stepping up on the Animal Control Officer's part to trap these ducks if they come on her property, fine. He doesn't feel feeding wild animals can be enforced. Ms. Kresin feels the City owes her $40 because fence around her house to keep the ducks out. an owl thinking that might keep the ducks out. money to be wasting. she purchased wire She also purchased She doesn't have Mayor Hayman feels the ducks are a nuisance and a health hazard. He feels they should ask Code Enforcement and Animal Control to go out there and begin trapping and disposing of those critters. Page -8- Council Regular Meeting March 4, 1996 ..., ...., City Manager McMahon stated he has no responsible way to get rid of the ducks. Ms. Crescent spoke about the hard time she has been having with her neighbor. Mayor Hayman stated nobody is willing to take the ducks if they are trapped. We need to find someone that likes muscovy ducks. Mayor Hayman asked Ms. Crescent for a couple of days so they could try to corne up with a solution. He informed her she would be contacted. Ben Vazquez, 2807 Needle Palm Drive, asked why he couldn't speak during an earlier public hearing. He was informed it was only a first reading, not a public hearing. Mr. Vazquez agrees with Ord. 96-0-01 except having to have a permit to work on a car on your own property. He doesn't feel the City has the authority to enter onto any private property. Mr. Vazquez spoke in opposition of the retention ponds. He feels the ponds are deliberately being dug out for the purpose of closing off the streets. He spoke about the streets in Florida Shores being platted. Mr. Vazquez feels the Council is violating the law. He feels Florida Shores is a disaster. Susan Cook, President, Indian Harbor Estates Homeowners Association, spoke about the water situation. She questioned how much Edgewater customers pay now for water and if that is what would be offered to people in Southeast Volusia. city Manager McMahon stated the rate of $4.20 per thousand gallons has been offered. Our customers pay less than that in the City itself due to having to pay impact fees. He informed her of why they can not serve anyone past Ariel Road. Mr. Wadsworth commented on the cost actually being cheaper to the proposed customers outside the City than what the City residents pay on an average of 4,000 gallons per household. Ms. Cook stated they are planning on having the County Council and Mr. Haduck speak to their groups. She asked the Council to consider joining them. Mayor Hayman read a letter to Chief Schumaker from James Sowers, 2831 Travelers Palm Drive. Mayor Hayman read a letter to him from Karen Hall of wildwood Subdivision. Mayor Hayman stated there would be a Special Meeting on March 6, 1996 at 5 p.m. OFFICER REPORTS City Attorney City Attorney Storey informed Council they would hold the Special Meeting in the Community Center and proceed to the Conference Room. City Attorney Storey informed Council of the matter with the UTE being discussed in court on Wednesday at 2:30 p.m. Page -9- Council Regular Meeting March 4, 1996 ~ "WtIf City Manaoer city Manager McMahon stated they have been using Mike Rocca from Hartman to do the rate study and he would like to continue using him. It was the consensus of the Council to continue using Mr. Rocca. City Clerk City Clerk Wadsworth had nothing at this time. A. Parks & Recreation Director's verbal report on Christmas House (Tour of Home) Parks & Recreation Director Jack Corder made a presentation on the cost and profit made on the Christmas House. Councilwoman Martin Councilwoman Martin spoke about changing the speed limit from 25 to 30 m.p.h. on Riverside Drive with a six month trial basis. It was the consensus of the Council to change the speed limit to 30 m.p.h. with a six month trial basis. Councilman Mitchum Councilman Mitchum is upset about the outcome of Maglev. Mayol" Hayman informed Council the state has not withdrawn the funds they agreed to give Maglev. ADJOURNMENT There being no further business to discuss, Councilman Hays moved to adjourn, second by Councilman Mitchum. The meeting adjourned at 10:37 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting March 4, 1996