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09-19-1994 - Regular '-' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 19, 1994 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: vice Mayor Jones called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Vice Mayor Kirk Jones 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 Excused Present Present Present Present Present Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Rev. Roger Miracle, Friendship Baptist. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of August 1, 1994 Councilman Mitchum made a motion to approve the August 1, 1994 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. Special Meeting of Auqust 9, 1994 Councilman Hays made a motion to approve the August 9, 1994 minutes, second by Councilman Mitchum. The motion CARRIED 4-0. Regular Meetinq of Auqust 15, 1994 Councilwoman Martin made a motion to approve the August 15, 1994 minutes, second by Councilman Hays. The motion CARRIED 4-0. Special Meetinq of Auqust 17, 1994 Councilman Mitchum made a motion to approve the August 17, 1994 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. Special Meetinq of September 9, 1994 Councilwoman Martin made a motion to approve the September 9, 1994 minutes, second by Councilman Mitchum. The motion CARRIED 3-1. Councilman Hays was excused. CITIZEN COMMENTS Charles Gebelein, 1730 Umbrella Tree Drive, stated he is not protesting assessments but he is protesting is putting the paving assessment on the tax duplicate before it is approved by Council. He does not feel this is right. Mr. Gebelein commented on October 12th being the last date to receive the discount. He feels this is going to be pressed two months before a decision is made by Council. Acting City Manager Fred Munoz elaborated on Mr. Gebelein's concerns. '-" ...., Mario DiOrio, 1823 Evergreen Drive, stated he has no problem with the paving but he does have a problem with paying for someone else's road. Mr. DiOrio does not like what is happening with the side roads. He asked what is happening with the money being received from the franchises. Acting city Manager Munoz explained it goes into the general fund. Mr. DiOrio feels these funds should be earmarked for programs such as the paving program. He feels there is something really wrong. victor Glidewell, 2510 Evergreen Drive, stated he is not for our against the roads. He spoke about the $200,000 that is going to be saved. He does not feel this money is going to be saved. He feels something is wrong with what the city is doing. Mr. Glidewell spoke about the value of houses going down. Mr. Glidewell spoke about the stormwater fees and other fees in the city going up. Mr. Glidewell spoke about Riverwalk not benefitting the whole city. He referred to the grant for the Riverwalk. Mr. Glidewell commented on the proposed golf course. He stated he heard the golf course will consist of a lot of marsh lands. If that is true, than what the City is looking at is a possible EPA shutdown right after the money is spent. He feels the wish list needs to stop. councilwoman Martin elaborated on Mr. Glidewell's concerns about Riverwalk. councilman Hays commented on the comprehensive plan. He stated one of the first deficits noticed in this city was a lack of green space, golf courses, deficit in Parks and Recreational facilities, Riverwalk facilities etc.. He feels these are important factors if you are wanting to attract businesses and jobs to the community. Martin Ludwig, 2223 Travelers Palm Drive, commented on the Mayor asking him to go to Deland to get his problems solved. He explained his situation in Deland. He spoke about some of his neighbors comparing their tax bill. One went down $4,000, one went up $1,000 and his went up $2,150 and none of them made any improvements to their property. Mr. Ludwig went on to speak about his experience with a gentleman from New Smyrna Beach regarding the raising of his taxes. Mr. Ludwig stated none of the Council knew the formula used to develop assessed valuations. vice Mayor Jones explained there is nothing the City can do and on the tax notice there is a date set when the residents can go and complain to the property appraisers. Mr. Ludwig explained his water problem has been solved. He stated he installed a water filter for his drinking water. He commented on lead, acid and chlorine being in the City water. George Naill, 1604 Royal Palm Drive, commented on the golf course. He feels the city's priority is off. He commented on the requests on the agenda for money. He feels the Council needs to set its priorities. He feels the golf course is one of the lower priorities of the city. He feels Council needs to take a second look at this. Page -2- council Regular Meeting September 19, 1994 W' ""'" Casper Mannone, 2729 10 to 12 years ago. front. He stated if let everyone pay for wants to come in. Kumquat Drive, spoke about the paving done He stated the cost was $350 for an 80' it is necessary to pave 26th street, then it. He asked what type of business the City Edward Keenan, 1905 pine Tree Drive, complimented Fred on his new swimming pool. He feels FEC should be approached with paying in lieu of taxes and contribute or donate for a 1/3 of Hibiscus Drive. Mr. Keenan commented on the $17,000 being spent for the golf course feasibility study. He feels new home construction is where money can be made. Mr. Keenan read an article by Mr. Heck he saw in a recent newspaper. Mr. Keenan spoke about the job fair. He commented on all the people that are unemployed. Councilman Mitchum stated the expenditure of the water line down south is coming out of impact fee funds. He informed Mr. Keenan that impact fee money that is paying for the water line can not by law be used to subsidize water rates. He explained when the people hook up the fees will be paid back into the impact fee fund for future expansion. vice Mayor Jones agreed with councilman Mitchum. He went on to explain there are going to be customers and the more customers paying into the same system will offset our water rates in the future. Doris Hill, 112 Lincoln Road, questioned the City being in debt for over $100 million. Mr. Munoz stated the City is not in debt for over $100 million. Mr. Munoz listed the debts of the city. Ms. Hill went on to talk about the debts of the City. Dominic Capria, 606 Topside Circle, commented on the taxes increasing and decreasing. He stated he is happy for the decrease but he is concerned with the fact that his home has now been devalued. He commented on the insurance companies only paying on a replacement value. He asked if there was any legislation passed that we know of that now puts our property value on a square footage basis. Acting City Manager Munoz stated he knew of no legislation. He further elaborated on Mr. Capria's concerns. Bill Anderson, 1730 Pine Tree Drive, asked how many requests have been received for the water going south on u.s. #1. Councilman Mitchum stated when he was Mayor, they were approached by homeowners associations. He stated there have been a number of inquiries into availability of water from Edgewater. Mr. Anderson commented on the $40 million loan. He asked about the debt service costs. Acting City Manager Munoz elaborated on his concerns. Cliff Clark, 1818 Evergreen Drive, stated he is not happy with the paving situation. He asked Council to consider removing the cross streets from the paving project. Page -3- Council Regular Meeting September 19, 1994 '-" ..."""" COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. city Manaqer Acting city Manager Munoz had nothing at this time. CITY COUNCIL Mayor Hayman Mayor Hayman was excused from this meeting. vice Mayor Jones vice Mayor Jones had nothing at this time. councilwoman Martin councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays commented on the water lines running south of Edgewater. He commented on the environmental impact that the shallow wells that are now servicing these residents is making on the community. councilman Hays asked if we had any response from the School Board regarding paving. Acting City Manager McMahon stated we have not received anything as of this time. city Attorney Storey stated her and city Manager McMahon are in the process of preparing a letter and she is in the process of doing legal research on this matter. When Mr. McMahon returns, they will be addressing it further. Councilman Hays stated if eliminating the east-west streets makes this burden easier for the people of Edgewater, then he has no problem with discontinuing the east-west part of the paving project. He feels it is imperative that the City pave the north- south streets. Councilman Hays made a motion to have Acting City Manager Munoz come back at the next meeting with some options on discontinuing the east-west streets. Councilwoman Martin asked if that included Hibiscus. Councilman Hays feels Hibiscus is important due to the businesses on Hibiscus and whether or not we can force FEC to pay for paving is up for discussion. Councilman Hays stated the east-west streets with the exception of 12th Street would save the city approximately $700,000 - $800,000. Acting City Manager Munoz stated he has the figures and he can make them available but he did not have them with him. Councilman Hays asked for a general consensus from his fellow Councilmembers as to whether or not they feel they would want to move in that direction so the people in the community that are asking for this would know where they stand. Page -4- Council Regular Meeting September 19, 1994 'W' ..." vice Mayor Jones spoke about the paving being taken out of the original Capital Improvement Program and four years later they are doing the paving anyway. He feels if they would have done it four years ago and if they start taking things out they are going to be back to the same scenario. vice Mayor Jones feels tonight may be premature to make a decision because he doesn't want to tie his hands because the bids may come in lower and it could go down. Councilman Mitchum presented figures he received from Acting City Manager Munoz which he referred to as an ideal assessment per lot. Councilman Mitchum Councilman Mitchum had nothing at this time. CONSENT AGENDA A. Amended and restated interlocal aqreement for the utilization of the uniform method of collection of non-ad valorem assessments B. Police Chief's request to transfer $4,043.17 from special Law Enforcement Trust Fund into General Fund to offset portion of DARE proqram costs vice Mayor Jones read the consent agenda. Councilman Mitchum made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 4-0. There was a five-minute recess at this time. NEW BUSINESS A. Fire/Rescue Chief's request to purchase one Haskel air booster from low bidder Ray Lambert Enterprises, Inc. for $4,749 Fire Chief Vola briefed Council on the need and use for the air booster. Fire Chief Vola informed Council this lS a budgeted item and the bid came in under budget. Councilman Hays made a motion to approve this request, second by Councilman Mitchum. The motion CARRIED 4-0. B. utilities Director's request to modify reuse check valves at city's wastewater treatment plant facility at cost of $4,600 for two from impact fees utilities Director Wadsworth briefed Council on the need to modify the existing reuse check valves at the wastewater treatment plant. He informed Council this money will come from impact fees. Councilman Mitchum made a motion to approve this request , second by Councilwoman Martin. The motion CARRIED 4-0. C. Edqewater united Methodist Church request to hold arts and crafts show December 10, 1994, from 9 AM to 4 PM on church qrounds Don Shaw, Edgewater united Methodist Church, was present. Mr. Shaw made a presentation regarding the request to hold an arts and crafts show on church grounds. Page -5- Council Regular Meeting September 19, 1994 '-" ~ Councilman Mitchum stated he thought back some time ago the Council introduced a resolution that allowed this type of activity without having to come before Council. City Clerk Wadsworth stated it is in the ordinance that they have to come to Council in order to obtain a special activities permit. Councilman Mitchum made a motion to approve this request, second by Councilwoman Martin. The motion CARRIED 4-0. D. Oak Hill Commissioner Jeff Bracy, Tim Goodrich, and Georqe Bartlow, re: "Savinq Florida's Fresh Seafood" George Bartlow, 120 Charles Street, stated he was at he meeting to try to sway the Council to pass a resolution that will support them in a no vote for Amendment No. 3 of the Constitution in November. He explained Amendment No.3. Mr. Bartlow made a presentation regarding net fishing in Volusia County and taking care of nature. Councilman Mitchum made a motion to support their position. Councilman Hays stated he would like an opportunity to review the materials he received before he is ready to vote. vice Mayor Jones had no problems with this. He doesn't know why its on the ballot and he hopes people are going to really look at the issue and be educated enough about it before they vote on it. Councilman Mitchum withdrew his motion. Councilman Hays elaborated on his reasons for wanting to review this request. It was the consensus of the Council to place this on the October 3rd agenda. E. Economic Development Board request to execute aqreement with The Clark Development Group, Inc. Phillip Fong, Chairman, Economic Development Board, made a presentation on this agreement. He went over the two proposals included in Council's packet. Councilman Mitchum made a motion to approve this request, second by Councilman Hays. The motion CARRIED 4-0. city Attorney Storey stated the agreement would need to be signed by Vice Mayor Jones and it will be processed through the city Attorney's office. F. APpointment of two members to Firefiqhters Pension Fund Board due to expiration of terms of Ben Wagner and Robert Morin, who request reappointment, and confirmation of firefiqhters' selection of William Vola as their representative on Board Councilman Hays made a motion to appoint Nancy Williams, second by Councilman Martin. Vice Mayor Jones questioned the Firefighters 175 and having to be an Edgewater resident in order to be able to serve on this board. Ms. Williams lives in New Smyrna Beach. City Attorney Storey stated because we are now considered a local plan, she doesn't believe this provision applies. She informed Council she could bring this back to them. Page -6- Council Regular Meeting September 19, 1994 '-' .."., Councilman Hays withdrew his motion. It was the consensus of the Council to put all of these appointments on hold. Councilman Mitchum made a motion to confirm William Vola as the board representative, second by Councilman Hays. The motion CARRIED 4-0. G. Ap?ointment to Parks & Recreation Board due to resignation of Martha Carden Vice Mayor Jones nominated Hal Jones. Councilman Mitchum made a motion to appoint Hal Jones, second by Councilman Hays. The motion CARRIED 4-0. H. Collective bargaininq aqreement with Firefighters This item was administratively withdrawn. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-23 Annexation of 1.67 + acres at 1861 Pinedale Road city Attorney storey made a brief presentation on this ordinance. Vice Mayor Jones read Ord. 94-0-23. Councilman Mitchum made a motion to approve Ord. 94-0-23, second by Councilman Hays. The motion CARRIED 4-0. B. Res. 94-R-23 Reqarding Tourist Development Tax City Attorney storey made a presentation regarding the tourist development tax. Vice Mayor Jones read Res. 94-R-23. Councilman Hays made a motion to approve Res. 94-R-23, second by Councilman Mitchum. The motion CARRIED 4-0. SECOND READING: (PUBLIC HEARING) There were no items to be discussed for second reading. UNFINISHED BUSINESS A. Enqineerinq aqreements for Quentin L. Hampton Associates, Inc. and Hartman and Associates, Inc. utilities Director Wadsworth presented a follow up from the August 1st meeting regarding these agreements. Councilman Mitchum made a motion to approve the agreements, second by Councilwoman Martin. The motion CARRIED 4-0. B. Recommendation that proposal for feasibility study for municipal golf course be accepted from National Golf Foundation for $17,500 plus travel and related expenses (not to exceed $750) Parks and Recreation Director Jack Corder made a presentation regarding the proposed feasibility study for the municipal golf course. Councilman Hays that was looked course could be this. commented on the fulfillment of a golf course at in the comprehensive plan. He feels a golf an asset to the community. He stated he supports Page -7- Council Regular Meeting September 19, 1994 'W' ""'-' Councilwoman Martin feels it is a way to increase the income in the City and get away from taxes. She also supports this. Councilman Mitchum supports the concept but he requested Council table this until there is a full Council and when City Manager McMahon returns. Councilman Jones expressed his support for this and he feels tabling this matter would be the best way to go. It was the consensus of the Council to table this item. COUNCIL/OFFICERS REPORTS city Attorney city Attorney Storey asked Council if they wanted to schedule a workshop or put the addressing of the land development regulations under a first reading. It was the consensus of the Council to bring it in for first reading. City Manager Acting City Manager Munoz made a presentation regarding FY 1995 Property/Casualty/Liability Insurance. He recommended Council approve the coverages and the firms providing the stipulated coverages. Councilman Mitchum made a motion to approve, second by Councilman Hays. The motion CARRIED 4-0. CITY COUNCIL Mayor Hayman Mayor Hayman was excused from this meeting. vice Mayor Jones vice Mayor Jones had nothing at this time. Councilwoman Martin Councilwoman Martin spoke about a note from Mr. Todd regarding establishing a bowling alley but she feels they should discuss this at the next meeting and send him a letter asking for further information. Councilman Hays Councilman Hays spoke about a memo from Richard Kelton. He questioned whether Council will be responding to this or if City Manager McMahon will be responding. Councilman Mitchum Councilman Mitchum stated he has been disturbed by some of the decorum and Mr. McMahon being verbally abused. He feels there is no place for that. He stated he is going to address this at Council level but he wanted to wait until there is a full Council. Councilman Mitchum feels they need to address an "Acting Mayor" at the next meeting. Page -8- Council Regular Meeting September 19, 1994 "IIiIIIf """"" QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Mike Visconti, 316 pine Breeze Drive, commented on the proposed golf course and paving. He feels the city should move ahead with these projects. Andy Anderson, 1730 pine Tree Drive, spoke in opposition of building a golf course in Edgewater. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 9:37 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting September 19, 1994