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07-18-1994 - Regular y ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 18, 1994 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 Kirk Jones 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 Excused Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE A prayer was delivered by Harry Jones. There was a pledge of allegiance to the Flag. Mayor Hayman introduced Miss Edgewater 1994, Serena Oldytowski. Ms. Oldytowski thanked everyone who supported the Miss Edgewater Contest. APPROVAL OF MINUTES Reqular Meetinq of June 20, 1994 Councilwoman Martin made a motion to approve the June 20, 1994 minutes, second by Councilman Jones. Councilman Hays was excused from this meeting. The motion CARRIED 3-0. CITIZEN COMMENTS Phillip Fong, Economic Development Board Chairman, distributed a memo to Council from the Economic Development Board regarding the Chamber of Commerce report, "What's Your Beef?" Mr. Fong asked for a chance to speak when this matter is discussed later on the agenda. It was the consensus of the Council to allow Mr. Fong to speak at that time. Mr. Fong explained the memo to Council. Doris Hill, 112 Lincoln Road, commented on the Chamber of Commerce report regarding "What's Your Beef?" Ms. Hill feels the City should wait until the results of the survey come back and see how the citizens feel. COUNCIL/OFFICERS REPORTS city Attornev City Attorney Storey had nothing at this time. '-" ..""" city Manaqer city Manager McMahon asked Council to designate a Bond counsel for the road paving program. City Attorney storey spoke about the firm, Squire, Sanders and Dempsey, being interested in serving as bond counsel for the city. She stated they have been approached by one other local firm, Cobb, Cole and Bell. City Attorney Storey explained no soliciting has been done nor have they gone out for formal proposals. She stated there is no formal requirement in the Code. City Manager McMahon stated bond counsel is necessary at this time because we would like to be able to set up the issue proposed before September. Councilman Hays asked if the cap for this project is $42,500. City Attorney Storey informed him this was the maximum. Mayor Hayman feels the need for fast tracking. He understands why this is needed now. Councilman Jones explained he will not be ready to act on this until he has had time to review the material unless there is an explanation as to why it has to be done right away. There was a discussion regarding the length of time they have to resolve this. City Manager McMahon stated the individual he spoke to pointed out the essence of time as every day being critical. Councilman Hays feels we may need to call another meeting because he would also like to review the material. city Attorney storey explained why this is such a pressing matter. There was further discussion regarding the importance of passing the document at that time. City Manager McMahon stated if a commitment is made at this time, the community's financial interest will be protected by not allowing us to incur the fee unless the final cost estimates are approved and if the Council decides to approve this at this time, the project will stay on schedule. Councilman Hays feels strongly that we need to go ahead with this project and get it going. Councilwoman Martin has confidence in the City Attorney and City Manager to handle this matter. She doesn't see any problems with the proposal. Councilman Hays made a motion to approve this contingent on the engineering quote, second by Councilwoman Martin. The motion CARRIED 3-1. Councilman Jones voted NO. CITY COUNCIL Councilman Havs Councilman Hays stated on Friday evening on Channel 10 he Bochiardy speaking about the ground breaking the week of September 15th and the Vice President will be attending. asked a letter be sent to John Mica thanking him for his with Maglev. saw Mr. He help Page -2- Council Regular Meeting July 18, 1994 ~ ~ Councilman Hays feels when the paving project is started, he would like to see the paving done in reverse of the CIP, starting with Phase IV. Councilman Hays spoke of a memo from the City of Tampa regarding gambling. He recommended we write a resolution in opposition to casino gambling. Councilman Hays made a motion to send a resolution to the City of Tampa in opposition of casino gambling, second by Councilwoman Martin. The motion CARRIED 4-0. Councilman Hays spoke about a letter from Frank Roberts, City Manager of New Smyrna Beach regarding assistance for the fireworks display. Councilman Hays asked a memo be sent to them asking for their assistance next year. Councilman Mitchum Councilman Mitchum was excused from this meeting. Mavor Havman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. CONSENT AGENDA A. Beveraqe aqreement with Pepsi-Cola Mayor Hayman read the consent agenda. Councilman Jones made a motion to accept the consent agenda, second by Councilman Hays. The motion CARRIED 4-0. NEW BUSINESS A. Proposed Bus Shelter Proqram Ed Bolter, President, Phoenix Transit Advertising Company, made a presentation regarding their bus shelter program. Mr. Bolter explained the unique characteristics of their shelters. He compared their shelters to the existing shelters in Edgewater. Mr. Bolter explained the cost of placing and maintaining bus shelters. He explained the financing of this program. Mayor Hayman asked how many shelters could be expected in the six months if this is adopted. Mr. Bolter stated 15 locations have already been identified and he has added six more to the list along u.S. #1. He stated they would have all 21 within about 45 days of permitting. Councilman Jones made a motion to adopt the program contingent of final legal review, second by Councilwoman Martin. Page -3- Council Regular Meeting July 18, 1994 "w' ...., There was a brief description regarding the roof types. The motion CARRIED 4-0. Mr. Bolter stated if they do their job the way they have proposed, they hoped the City would stand behind them as a reference to go forward in the other areas. B. American Leqion #285 - presentation re: proposed Edqewater Policeman and Fireman of the Year Award. Dick Culton, American Legion Post #285, Yule Tree Drive, stated he have been approached about honoring the policeman and fireman of the year. Harry Jones, American Legion Post #285, asked to pass out the prayer he did earlier on the agenda to Council. Mr. Jones stated this is Washington's prayer for America. Mr. Jones went into the details of this program. Police Chief Schumaker stated he feels it is counter productive to a department to pick one person out of the thirty or forty people in that department. He is not in favor of picking one person over another. Fire Chief Vola respected the Police Chief for coming up and making the statement he did. He stated internally they have had a firefighter of the year award for years. He feels it is a value to his people and they appreciate the reward. City Manager McMahon had a slightly different approach. He suggested the Council make an extraordinary service award to be given to an individual that would be recommended. Councilman Jones commended the American Legion for trying to recognize the people putting their lives on the line. He feels if the system is done right, there is nothing but winners. Mr. Jones explained it would not be the Chief making the selection it would be the men themselves that would be making this decision. He feels if the decision is made by the peers they would not feel slighted because they made the selection. Councilman Hays stated he feels this is a good moral booster and the basic idea is good as long as it is not conducted as a popularity contest. He understands singling out Fire and Police Officers but he feels everybody who works for the City, their jobs are important. He suggested trying a program inside the Fire Department to see if it gets a positive impact. Mayor Hayman likes the idea of Councilman Hays regarding employee recognition. He does support what the American Legion is doing but they are not the organization to recognize the other employees but he feels someone should. Councilman Jones feels this needs to be done with guidelines. He commented on the pay for performance program for all employees. City Manager McMahon feels the City employees are very committed. Councilman Jones made a motion to accept the proposal from American Legion Post #285 in addition to other current programs we already have, second by Councilwoman Martin. Mr. Jones explained it would be described in a proclamation why the person would be receiving the award. The motion CARRIED 4-0. Page -4- Council Regular Meeting July 18, 1994 ~ .... There was a ten minute recess at this time. C. Councilman Hays' request to discuss Chamber of Commerce "What's Your Beef" Report Councilman Hays spoke about his concerns regarding the "What's Your Beef" report. Councilman Hays stated 1,000 people were invited to the meeting but only the people involved in building trades responded. He expressed concern with why other business interests weren't represented. He does not feel we have a problem with favoritism. He feels there is a difference between favoritism and the way you deal with people. Councilman Hays hopes staff keeps up with their certifications and dealing with people. He feels we can streamline the project of getting a license. He does not feel we need to schedule another workshop on this issue until we can get some concrete input. Mayor Hayman feels we should have a workshop and go with the first session and identify the issues that need to be looked at. Councilman Hays feels staff needs to absorb this and come up with a solution. Mayor Hayman feels Edgewater has made a turning point and we are leading a lot of other communities and this is just part of the process of getting the feedback from people who deal with our government and the people that we need who essentially support what government wants. Mayor Hayman would like staff to come back with recommendations for policy changes to make a more streamlined process. Councilwoman Martin feels the "What's Your Beef" report is completely negative and centered on staff when it should have been centered on environmental issues. Councilman Jones feels we need the criticism. Councilman Jones spoke about problems in the Building Department when he first got elected. He stated the "What's Your Beef" program was designed to get the information out that the builders need to know as well as what we need to know to work out problems together. Mayor Hayman asked for the consensus of the Council on having a meeting on August 4th. Councilman Hays stated they can sit down and address some of the issues such as customer orientation. He would like something to come out of the meeting. If we can't present the people who have the complaints with something concrete, he doesn't see a reason to have a meeting. Councilwoman Martin suggested at the next meeting, each person turn in a 3 X 5 card with their name and what their complaint is. Mayor Hayman stated Mr. Schleicher has already planned something like that. Community Development Director Mark Karet assured Councilman Hays that the Community Development Department will be prepared for the meeting on August 4th should the Council decide to go forward with it. Mr. Karet stated since he has been here, the community Development Department has always striven to improve itself. He stated Mr. Dunn has worked very hard to make a number of changes to the processes and procedures within the Building Division. Page -5- Council Regular Meeting July 18, 1994 ..... ...., Mr. Karet stated he and Mr. Dunn would like an opportunity to present information to the public and the Building Trades Regulatory and Appeals Board. Councilman Jones feels it will work out. Councilman Hays made a motion to have a workshop meeting in the community Center on August 4th, second by Councilman Jones. The motion CARRIED 4-0. D. settinq tentative millaqe rate for fiscal year 1994-95 City Manager McMahon gave a report on the budget. City Manager McMahon proposed a tax increase of 5% to the millage rate which translates into a 1.19% tax increase for any taxpayer in the City who has a home valued at $65,000 or more. This amounts to exactly $11.68 per year. City Manager McMahon continued his report on the budget. Councilman Hays wants to add another $.25 a week and get commitment from the City for a parks and recreation program to reduce crime in Edgewater. He feels it is time to start developing the 26 acres the City purchased. He asked the millage rate be set higher. He asked for a tax increase from 6% to 13% to the millage rate and for the money to be dedicated to parks and recreation. Councilwoman Martin feels we need to level off over the next couple years. Councilman Jones agreed with Councilman Hays. He feels it will help to have more recreation. Councilman Hays stated let's make a commitment; we can always decrease this rate but we can not increase it. City Manager McMahon stated the task of balancing out this budget requires reductions in seven out of eighteen major departments of the City. He stated they need to know tonight because of legal requirements what the maximum millage is which has to be set as a tentative millage to be finalized by the Council at the budget hearings. Mayor Hayman explained why he will not support a tax increase solely for parks and recreation. Mayor Hayman stated maybe they need to revisit levels of service and decide if they need to decrease levels of service or do they want to increase levels of service. There was a five-minute recess at this time. Councilman Jones commented about the kids not having any place to go. There was further discussion regarding increasing the millage rate. Councilwoman Martin suggested approving the millage rate and looking for cost savings when the budget is being worked on. Councilman Hays made a motion to increase the millage rate to 6.6 mills, second by Councilman Jones. The motion DIED 2-2. Councilwoman Martin and Mayor Hayman voted NO. Councilman Jones made of a proposed millage Councilwoman Martin. NO. a motion to adopt the staff recommendation rate cap at 6.1378 mills, second by The motion CARRIED 3-1. Mayor Hayman voted Page -6- Council Regular Meeting July 18, 1994 ~ ~ E. Appointment of member to Economic Development Board due to expiration of term of Richard Jones, who requests reappointment Councilman Jones made a motion to reappoint Richard Jones, second by Councilwoman Martin. The motion CARRIED 4-0. F. Appointment of member to citizen Code Enforcement Board due to resiqnation of Gilda sterl Councilman Hays made a motion to appoint Joan strong, second by Councilwoman Martin. The motion CARRIED 4-0. G. Appointment of member to Volusia County Beach Trust Commission due to resignation of Bob McIntosh Mayor Hayman informed Council, Jeff Lange, the alternate for the Volusia County Beach Trust commission, expressed an interest in filling the vacancy. Councilman Jones made a motion to appoint Jeff Lange, second by Councilman Hays. The motion CARRIED 4-0. Jeff Lange briefed Council on the jet ski issue facing the Beach Trust Commission at the present time. There was a lengthy discussion regarding jet skis. H. Approval of payment of $2,651.40 from self-insurance fund city Attorney storey explained this payment is for an accident involving a police patrol car and Michele Phillips. Councilman Jones made a motion to approve payment, second by Councilman Hays. The motion CARRIED 4-0. I. Desiqnation of votinq deleqate at Florida Leaque of Cities Annual Convention at Lake Buena vista Auqust 25-27, 1994 Councilman Jones made a motion to delegate Councilman Mitchum, second by Councilman Hays. The motion CARRIED 4-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There was no items to be discussed for first reading. SECOND READING: (PUBLIC HEARING) Taxes, and Requlations Mayor Hayman read Ord. 94-0-18. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Ord. 94-0-18, second by Councilman Jones. The motion CARRIED 4-0. UNFINISHED BUSINESS A. Anqela & Ernest sills' request that $150 connection fee be waived for sewer hook UP (From 6/20/94 meetinq) Councilman Jones made a motion to remove this item from the table, second by Councilwoman Martin. The motion CARRIED 3-1. Councilman Hays voted NO as he was not present at the June 20th meeting. Page -7- Council Regular Meeting July 18, 1994 ....,. 'WIll' Angela Sills, 3320 Mango Tree Drive, stated they are requesting the waiver of the connection fee because they didn't receive notice from the city. She stated they thought they were in Phase IV but later found out when they went to obtain the permit, they were in Phase III. She referred to an article regarding mail theft in Edgewater. City Manager McMahon explained he does not feel they meet the criteria for the waiver consideration. There was further discussion regarding this matter. Councilman Jones made a motion to waiver the $150 connection fee, second by Councilman Hays. Councilman Hays questioned Police Chief Schumaker about the mail theft in Edgewater. Chief Schumaker informed him he would have to research this matter. There was a brief discussion regarding mail theft. There was a discussion about putting this on the next agenda when Councilman Mitchum would be present. It was decided to place this item early on the next agenda. The motion DIED 2-2. Councilwoman Martin and Mayor Hayman voted NO. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. CITY COUNCIL Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum was excused from this meeting. Mayor Hayman 1) Mayor's report re: Auqust 4th meetinq with local builders/developers Mayor Hayman discussed this matter earlier in the meeting. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Questions from Press There were no questions from the press at this time. Page -8- Council Regular Meeting July 18, 1994 ~ ..., CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, ashamed that Council did not waive the $150 connection fee. Joan strong, India Palm Drive, stated the mail service in this City is terrible. She stated you can't even get mail out of a Post Office Box. Dominick Fazzone, 302 Paradise Lane, commented on the "What's Your Beef" meeting. He asked how Council will get the answers to the questions of the people who are making the beefs. Mayor Hayman stated he thinks there will be some introductory remarks, a presentation made which gives an overview of the administrative process, and a question and answer session. Mr. Fazzone commented regarding bringing the LDRA into the "What's Your Beef." Mr. Fazzone commented on the criticism that is being directed toward City staff and the Police and Fire Departments. Jeff Lange, Beach Trust Commission, commented on a letter to Joe Waller, Beach Management Director, from an attorney regarding purchasing property off the beach, about fifteen acres on North Beach which is north of Kirkland. He asked Council's feelings regarding off beach parking. Mayor Hayman elaborated on this matter. Councilman Hays stated he feels it is very important to purchase off beach parking which should have been planned a long time ago. It was the consensus of the Council to purchase off beach parking. ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, second by Councilwoman Martin. The meeting adjourned at 11:01 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting July 18, 1994