Loading...
02-05-1996 - Regular .... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 5, 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 Pastor Chuck Acheson, Nazarene Church, New Smyrna Beach, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular meeting of December 18, 1995 continued to December 19. 1995 Councilman Hays made a motion to approve the December 18, 1995 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. B. Regular meeting of January 8, 1996 Councilman Hatfield made a motion to approve the January 8, 1996 minutes, second by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Mayor Hayman spoke about a news article regarding Oak Hill's rewrite of the County Sewer Contract. Tonight at the Oak Hill Commission meeting they would be discussing water and sewer and he hoped about Edgewater will be included in that discussion. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Second public hearing Westfall Development Agreement city Attorney Storey briefed Council on what has happened up to this point and informed them of staff's recommendation for approval of the agreement after the public hearing. '-" ...., Mayor Hayman opened and closed the public hearing, with no comments from the public or Council. Councilman Hatfield made a motion to approve the Westfall Development Agreement, second by Councilman Mitchum. The motion CARRIED 4-1. Councilwoman Martin voted NO. B. Public hearin9 Ord. No. 95-0-12 Establishin9 re9ulations for outside storage of vehicles, equipment and materials Mayor Hayman explained the background for Ord. 95-0-12. Mayor Hayman read Ord. 95-0-12 and opened the public hearing. City Attorney storey presented comments listed on the agenda request and explained if the Council is supportive of this sort of compromise, it would be a substantial change to the ordinance and would need to come back to Council after an advertised public hearing. Councilwoman Martin questioned redrafting the ordinance and if this pertains to what was read by City Attorney storey. City Attorney storey stated yes and anything the Council directs. If there is any substantial change to what is before Council, it would need to be redrafted and advertised. Councilwoman Martin liked the way the ordinance was written. Councilman Mitchum feels someone needs to be qualified to make a judgment call. The City's Code Enforcement as it is is not qualified to make a judgment call as to what is significant progress. There was a brief discussion regarding ways to get someone certified at a minimal cost. Doris Hill, 112 Lincoln Road, questioned if the requirement of building fences around all of these cars is being taken out. Mayor Hayman informed her if the ordinance is retired, they would go back to the drawing board. She spoke in opposition of requiring someone to put up a fence if they want to work on cars. Judith Lichter, 826 Navigators Way, feels if 95-0-12 is eliminated, the Council will still need to consider "junk". She feels the issue of safety needs to be addressed. Edward Keenan, 1905 pine Tree Drive, questioned if someone stores a car in their garage and occasionally works on it in their garage, are they going to be required to purchase a permit. He was informed only if it became visible on a consistent basis. Councilman Hays feels a limit on the number of vehicles needs to be addressed. city Attorney Storey informed Councilman Hays that the staff proposal is one vehicle per dwelling unit. Councilman Mitchum suggested making a requirement for anything outside needing to be covered. Mayor Hayman questioned if someone is buying a car for parts for another car, would they be allowed to have two vehicles at one time. City Manager McMahon explained this could be done on a permit basis. Councilman Hays explained when someone is using a car for parts to restore another car, the car they are restoring will probably be kept in a garage anyway, so there would probably still only be one car visible. He feels they need to be reasonable for the neighbors too without being too restrictive. Page -2- Council Regular Meeting February 5, 1996 .~ ...., Mayor Hayman closed the public hearing. Councilman Hays made a motion to go with staff recommendation to retire Ord. 95-0-12, second by Councilman Mitchum. The motion CARRIED 5-0. C. Res. 96-R-02 Supporting HB 173 and SB 16 re: Hit and Run City Manager McMahon explained the reason for this resolution. There was a brief discussion regarding not being able to charge someone with a hit and run crime after three years due to the statute of limitations. Mayor Hayman read Res. 95-R-02. Councilman Hatfield made a motion to approve Res. 95-R-02, second by Councilman Hays. The motion CARRIED 5-0. D. Res. 96-R-03 Amending Res. 84-R-40 Public Records Fees Mayor Hayman read Res. 96-R-03 and explained the background information for this resolution. City Manager McMahon explained this does not change the normal process of public record requests or the cost. Councilman Mitchum made a motion to approve Res. 96-R-03, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Change Order No. 3 for Part A of Florida Shores Roadway and Drainage Improvement Project B. Florida Shores Roadway and Drainage Improvement Project - Part B Agreement and subsequent Notice to Proceed C. Authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray flights D. Agreement for Auctioneer Services E. Approval of payment from Self-Insurance Fund - Mary Tripodi City Manager McMahon asked City Engineer Fegley to explain Change Order #3 which he did at this time. He commented on the three key issues involved with Change Order #3. Mayor Hayman questioned the additional cost of $55,000 being due to certain things being done and it costing more than the Contractor expected based upon the initial inspection done by them. city Engineer Fegley informed him that is correct. City Manager McMahon spoke about being pleased with the progress that has been made even with the problems that have occurred and there not being any monetary changes to the contract up to this point because of the work done by City Engineer Fegley. Councilman Hays feels it is important to note that there were problems in the beginning and it is only fair to grant an extension. Councilman Mitchum made a motion to approve the Consent Agenda excluding Item C, second by Councilman Hays. The motion CARRIED 5-0. Page -3- Council Regular Meeting February 5, 1996 ~ ...." C. Authorization for East Volusia Mosquito Control District to make low level aerial inspections and spray flights. Mayor Hayman asked that the Volusia County Mosquito Control store and file in City Hall the MSDS sheets that deal with the chemical that is sprayed in Edgewater. Councilman Hatfield made a motion to approve Item C including Mayor Hayman's request, second by Councilman Mitchum. The motion CARRIED 5-0. OTHER BUSINESS A. steve Dennis, Southeast Chamber of Commerce, re: Volusia County Revitalization Guide - Economic Adjustment Plant related to Net Ban steve Dennis, Southeast Chamber of Commerce, made a presentation regarding the Volusia County Revitalization Guide. He asked Council for a general letter of support to be included with their package which will go to the County to be reviewed. Mayor Hayman commended the Chamber for their work. He feels Edgewater should be included in the revitalization plan package. Councilman Hays feels Edgewater has been left out of the loop. The City attempted a year ago to begin an assistance program with Oak Hill and the County and that didn't go anywhere. He feels he is being asked to send a letter of agreement with what the County and Oak Hill are going to design with their agreements but he doesn't know what their agreements are going to be. Mr. Dennis explained they are asking for Council's support of the revitalization plan or effort. They aren't asking that an agreement be made other than to say yes we support the revitalization and wouldn't mind being a part of it. Councilwoman Martin spoke about being ignored in the past by Oak Hill and the County. Councilman Hays feels it would be easier to draft a letter of support once they find out the conclusions of the meeting between the County Council and Oak Hill. He would feel more comfortable representing the people of the City of Edgewater if he knew more of what the County and Oak Hill has in mind. Mayor Hayman presented a summary of the previous discussion. Councilman Hays has no problem with drafting a letter as long as that letter states Southeast Volusia includes Edgewater, New Smyrna, Oak Hill and the unincorporated area of Southeast Volusia. Mayor Hayman asked if there was a consensus of the Council that they will support an effort for the idea of revitalization of Southeast Volusia County. Councilman Hays added Southeast Volusia County including, New Smyrna Beach, Edgewater, Oak Hill and the unincorporated Southeast Volusia areas. Councilman Hatfield questioned included something to the effect that they would also like to be a working part of that collaborative effort. Councilman Hatfield made a motion to include their thoughts in a letter of support which would come back to Council for review before it is mailed, second by Councilman Hays. Page -4- Council Regular Meeting February 6, 1996 ~ "'" There was a brief discussion regarding the letter being reviewed by each individual Councilmember if need be and if there are any corrections, they could inform Mr. Dennis without coming back before the Council. The motion CARRIED 5-0. B. Community Development Block Grant Subrecipient Agreement for wastewater mini-system #4 rehabilitation and piggy-backing bids from other governmental entities utilities Director Terry Wadsworth made a presentation regarding the CDBG Subrecipient Agreement for wastewater mini-system #4 rehabilitation. Councilman Hays made a motion to approve with the Mayor's signature, second by Councilman Hatfield. Mr. Wadsworth stated the County asked that the City of Edgewater acknowledge for the record, as common practice, that they do accept the concept of piggy-backing bids. Council agreed that is no problem. The motion CARRIED 5-0. c. Piggy back bid with City of Port Oranger Madsen/Barr corporation-Allwaste. Inc.. for sewer pipe lining Mr. Wadsworth presented the background of this request. Councilman Mitchum moved for approval, second by Councilman Hays. Councilman Hatfield asked the time frame of when this will happen. Mr. Wadsworth informed him they would like to do it before the rainy season. He is hoping to get into it by the end of next month or beginning of April. The motion CARRIED 5-0. D. Agreement with Fraternal Order of policer Florida state Lodge Mayor Hayman presented the background and staff recommendation for the agreement with the Fraternal Order of Police, Florida state Lodge. Councilwoman Martin made a motion to approve the agreement, second by Councilman Hays. Mayor Hayman commented on pay for performance. He questioned if the City has preserved the right for reduction in force. Mayor Hayman in 30 days. not to fill downsizing. regard. spoke about a budgeted vacancy having to be filled He questioned what would happen if the City decides a budgeted vacancy because of contemplated He doesn't want any misunderstandings in that Mayor Hayman elaborated on some initial concerns he had about the rights of our police officers during the course of internal investigation. The motion CARRIED 5-0. Page -5- Council Regular Meeting February 5, 1996 .... .."" E. Economic Development Board's recommendation to recognize Boston Whaler as a valued company and present an award for excellence Philip Fong, Chairman, Economic Development Board, made a presentation regarding why Boston Whaler should receive an award for excellence. Councilman Hays made a motion to approve the recommendation of the Economic Development Board, second by Councilman Mitchum. The motion CARRIED 5-0. F. Appoint member to Beautification and Tree Committee due to resignation of Danita Jurczak (tabled 1/8/96) Councilman Hays removed this item from the table. Councilman Hays made a motion to appoint Gail Wells, second by Councilman Hatfield. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Edward Keenan, 1905 pine Tree Drive, commented on the presentation made by steve Dennis. He is glad to see what the Chamber is doing. Jeff Lange, Representative, Beach Trust Commission, updated the Council on the Charter Review Committee and the Beach Trust Commission. Councilman Hays questioned the individual cities taking the beaches back under their control, and if they lose their right to use the beach as a thoroughfare if they do so. He further commented on this matter. Mr. Lange commented on the wording in the Florida statutes. Councilman Hays feels if they take a position that the beaches go back to the cities, the next logical step is to make sure the Charter Review Committee understands that giving the cities the right to regulate traffic is included in the Charter. Councilwoman Martin spoke about driving on the beach to park being fine but the constant driving back and forth is not right. Mayor Hayman questioned New Smyrna's position on taking back the beach. Mr. Lange stated they would take it back if they were allowed, but they have also made recommendations to change the way it is run. He further commented on those recommendations. Councilman Hays spoke about the matter of actively decreasing handicap accessibility to the beaches. Mr. Lange explained it being brought up recently and the discussion on it. Mr. Lange informed the Council of issues currently being discussed by the Beach Trust Commission. OFFICER REPORTS A. city Manager's report on Volusia Aquifer Partnership (Formerly Volusia City-County Water Supply Cooperative) City Manager McMahon presented a summary of his thoughts and recommendations regarding the Volusian Aquifer Partnership. Mayor Hayman spoke about Edgewater's position being one of the major problems we have is dealing with the private sector which is embodied in Southern States utilities. Page -6- Council Regular Meeting February 5, 1996 .... ..."", Mayor Hayman presented comments regarding the inter local agreement creating the Volusian Aquifer Alliance Draft 5 dated January 24, 1996. city Attorney City Attorney Krista storey had nothing at this time. City Manager City Manager McMahon stated on S & E Contractors, we have continued to have a following of problems that go beyond what we had anticipated but well within what has been held back in terms of money. City Manager McMahon explained the city is going to authorize a contractor to come in and do what has not been done by S & E. As of about three weeks ago, they came up with a list of about $60,000 which continues to expand. City Manager McMahon stated he has authorized City Engineer Fegley to move ahead under previous direction of Council. Councilman Hatfield asked what happens if they go above and beyond the amount they are holding. City Manager McMahon elaborated on Councilman Hatfield's concerns. There was a discussion regarding the amount being withheld. Mayor Hayman spoke about some of the work he has seen done on 30th street by S & E. He questioned if it is eligible to get that fixed under the retainage dollars. City Manager McMahon agreed to have City Engineer Fegley review it and come back with a response. City Clerk City Clerk Wadsworth had nothing at this time. Councilman Hatfield Councilman Hatfield informed Council of Edgewater Public School winning an International Award for animation. Councilman Hays Councilman Hays spoke about comments in the newspaper regarding some people on the County Charter Review Commission and their concerns to address the Volusian Aquifer Partnership. He asked if the City representative on that Committee could come and give Council a brief report. Mayor Hayman informed Council of a Mr. Sweeney from Deltona recently being appointed to the County Charter Review Commission. City Manager McMahon elaborated on Councilman Hays' concerns. Councilman Hays expressed concern about having zero representation on that Committee. Mayor Hayman suggested they invite Mr. Sweeney to the next meeting to give a report. City Manager McMahon suggested going to the Committee Chairman. Mayor Hayman suggested a letter be sent to Mr. Scovell. Mayor Hayman Mayor Hayman informed Council of the Mayor's Prayer Breakfast on February 17th at 8:00 a.m. at the Elks Lodge. Page -7- Council Regular Meeting February 5, 1996 ....., ...." . ADJOURNMENT There being no further business to discuss, Councilman Mitchum moved to adjourn, second by Councilman Hatfield. The meeting adjourned at 9:24 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting February 5, 1996