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04-18-1994 - Regular . . 'w' ....", CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 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 Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Hampton, Bella Vista Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meeting of April 4, 1994 Councilwoman Martin made a motion to approve the April 4, 1994 minutes, second by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS Bob McIntosh, 2921 Sabal Palm Drive, Beach Trust commission, stated the County Council and Beach Trust Commission will be meeting on April 21, 1994. He briefed the Council on what the Commission is working on. There was a discussion regarding banning jet skis near 20th Street in New Smyrna Beach. Councilman Hays expressed his feelings about banning jet skis. He can not support this. He also feels surf fishing is a problem. There was further discussion regarding jet skis. Council supports the use of jet skis and feels the County Council should designate a jet ski area. Councilman Hays made a motion to send a letter to the County Council supporting jet skis, second by Councilman Mitchum. The motion CARRIED 5-0. Judith Lichter, 826 Navigators Way, is very happy with the 45 mph North of Indian River Blvd. She feels the area South of Indian River Blvd. should also be lowered. Dominic Capria, 606 Topside Circle, agreed with Judith Lichter. Mayor Hayman asked City Manager McMahon to get information from D.O.T. and review the situation of Edgewater Landing. City Manager McMahon suggested the residents of Edgewater Landing also contact D.O.T. He stated D.O.T. will conduct a study and then give a report. ....... ....." Mr. Capria stated he is also concerned with other areas in Edgewater. Mayor Hayman stated at the next MPO meeting he would talk to the D.O.T. District 5 representative. Scott Clark, 2021 Umbrella Tree Drive, Construction by Clark, stated he submitted an application for a building permit on February 18, 1994. He is still waiting for this building permit. He does not feel it should take five weeks for the city to contact a builder of any changes that need to be made so a building permit can be issued. city Manager McMahon feels everyone is dealt with in the same manner. Community Development Director Mark Karet stated he would get a report to the City Manager McMahon as to why there was a five week delay. 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 asked if we would be discussing the ranking of roads tonight. Mayor Hayman informed him they would. Mayor Hayman Mayor Hayman stated the River Breeze Park ground breaking ceremony would be April 23, 1994 at 10:30 a.m. Mayor Hayman stated the st. Johns River Water Management District are having a workshop April 29, 1994 at 10:00 a.m. at the County Agriculture Center at the intersection of SR 44 and 1-4. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. CONSENT AGENDA There was nothing to be discussed on the consent agenda. NEW BUSINESS A. Halifax Ford's reauest to hold Tent Sale April 23 - 26. 1994. at 1207 S. Ridgewood Ave. Page -2- Council Regular Meeting April 18, 1994 ~ """'" Frank Caster, stated a letter that was sent to the City by the Office Manager should have stated April 21st - 24th instead of April 23rd - April 26th. There was some discussion regarding this request. Councilman Mitchum made a motion to approve this request with conditions listed, second by Councilman Jones. The motion CARRIED 5-0. B. Police Chief's request to purchase 1994 Ford 150 from Duval Ford at state Bid of $10,925 Chief Schumaker briefed Council on this request. Councilwoman Martin made a motion to approve this request, second by Councilman Jones. The motion CARRIED 5-0. C. Fire/Rescue Chief's request to purchase four sets of bunker qear from Safety Equipment for $2,721 Chief Vola briefed Council on this request. Councilman Jones made a motion to approve this request, second by Councilwoman Martin. The motion CARRIED 5-0. D. Fire/Rescue Chief's request to purchase comprehensive physical, cardiovascular and pulmonary evaluations of career personnel from EmployMed for $4,860 Chief Vola briefed Council on this request. There was a brief discussion regarding this matter. Councilwoman Martin made a motion to approve this request, second by Councilman Jones. The motion CARRIED 4-1. Councilman Hays abstained. Voter conflict attached for Councilman Hays. E. Desiqnation of member and alternate to Volusia City-County Water Supply Cooperative Board of Directors Mayor Hayman up to this point has been the member and city Manager McMahon has been the alternate. Councilman Mitchum made a motion to recommend Mayor Hayman as the designated representative and Councilwoman Martin be the alternate, second by Councilman Hays. City Manager McMahon thanked Council and feels the elected officials should be the representatives on that board. Mayor Hayman stated most of the alternates are City Managers. The motion CARRIED 5-0. F. Recommendation to accept proposal from W. W. Younq and Associates to provide community survey at cost of $4,800 City Manager McMahon gave Council a brief background on this matter and turned the floor over to Jeff Young. Jeff Young, W. W. Young and Associates, made a presentation to Council. There was some discussion regarding this matter. Page -3- Council Regular Meeting April 18, 1994 'W' .."., Councilman Hays made a motion to accept the proposal, second by Councilman Mitchum. The motion CARRIED 5-0. G. Economic Development Board's recommendation to consider proposal for a "What's Your Beef?" Workshop for Business and Professional People. Phillip Fong, Chairman, Economic Development Board, gave a presentation at this time. There was a lengthy discussion regarding this proposal. Councilwoman Martin made a motion to approve this request, second by Councilman Jones. The motion CARRIED 5-0. There was a five minute recess at this time. H. Joe Martin re: fire hydrant located at corner of West Park Ave. and Flaqler Ave./SP-9401 addition to Edqewater Machine & Fabricators, Inc. city Manager McMahon briefed Council on the reports supplied by staff. city Attorney storey informed Council they are serving as an appellant. City Manager McMahon stated after the presentations from staff, he would like to address Council. Mr. Karet made a presentation on the background regarding this issue. Mayor Hayman spoke about a meeting that was held between Mr. McMahon, Mayor Hayman, Mr. Zeller, and Mr. Martin to come up with the criteria for an agreement. Mr. Karet further elaborated on this matter. He stated the two things that need to be looked at are the applicant having to meet the code and how the code requirements are going to be paid for. Fire chief Bill Vola then made a presentation to Council regarding the fire codes pertaining to this appeal. utilities Director Terry Wadsworth gave a presentation on the water aspect of this case. Mayor Hayman would like to encourage Tarmac to cap their well and use city water. Joe Martin, East Volusia Engineering, made a presentation to Council regarding this appeal. He passed out a transcription from the April 5, 1994 meeting. Michael Brewer, Attorney, 500 Canal street, presented a short list to Council: Who is going to build it, who is going to pay for it and when is it going to be done? Mr. Brewer went over the proposals in his letter. He stated EMF would still like to extend the facility, they would like to have fire protection and also fresh drinking water. Mr. Brewer asked Council to consider passing an assessment district that allocates it on the incremental flow requirement or the front foot requirement, commence the project, put the 12" line in and then they will come forward with their expansions. City Manager McMahon commented on what was included in the agreement. Page -4- Council Regular Meeting April 18, 1994 ....... ...." There was a discussion regarding a development agreement. City Manager McMahon asked Council to deny Mr. Martin's request as made and direct him to return to the LDRA with a site plan and developers agreement which meet the City's requirements, Council recognize and reaffirm the City's policies and fire code, and Council require the applicants to provide a public easement for water and sewer utilities, Council require the applicant provide an acceptable plan for paying for the required 12" water line identified in the utilities Director's report. Mr. Martin spoke about the discussion regarding the development agreement. There was further discussion regarding this matter. Councilman Mitchum asked what is included in the proposed agreement. He was informed the agreement includes: in order to meet the fire protection requirements a 12" water line would have to be provided and must be paid by applicant, easement must be provided and paid for by the applicant, and a developers agreement would be developed bringing these things into focus and be presented to the LDRA for purpose of that with a site plan. He recommended Council consider an assessment project if no other means can be found to deal with this issue. There was further discussion regarding the requirements for the proposed agreement. Mr. Brewer requested Council pass an assessment district. Councilman Hays feels City Manager McMahon's proposal is reasonable and made a motion to direct the property owner to go back and come up with a development agreement, to negotiate and to conform with existing codes, to issue an easement and make sure all property owners are willing, second by Councilman Mitchum. Councilman Jones agreed with Councilman Hays. He feels they should pay a fair share. City Manager McMahon asked Council to consider in their motion or in separation motions, item 2 and 3 on the recommendations from him which include reaffirming the City's policy and fire codes and to require the applicant to provide a public easement or access to that. The motion CARRIED 5-0. There was a brief discussion regarding fire codes. Councilman Hays made a motion to reaffirm continuity of the engineering report and continuity of the fire policies as established, second by Councilman Mitchum. The motion CARRIED 5- o. Councilman Mitchum spoke about a ballot issue regarding tax breaks and incentives. He stated Mr. Zeller has been a great contributor to our area. I. Initial review and comment on certain administrative sections of Land Development Code - General Provisions, Decision Makinq and Administrative Bodies, Application and Hearinq Procedures, Enforcement Procedures, and Noncomformities City Attorney storey gave a brief history on this matter. She informed Council they would be receiving sections of the Land Development Code to review. She stated Chapter 3 is very critical to us in terms of completing some of the other administrative sections. Page -5- Council Regular Meeting April 18, 1994 ,.... ..., Mayor Hayman expressed his feelings on VCARD being included. There was discussion regarding the LDRA having the final say on the Land Development Code. City Attorney storey stated there aren't any real radical changes to the current roles; this is an attempt to streamline some of the development processes. Councilman Hays does not feel we need to go to VCARD yet. There was some discussion about VCARD being involved. Dominick Fazzone, Chairman, LDRA, agreed with council in regard to the appeal process. city Manager McMahon asked Council to review this and get their comments back to him. ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS FIRST READING: There was nothing to be discussed under first reading. SECOND READING: (PUBLIC HEARING) A. Public Hearinq re: Request of R.P. and Lillian Davisworth for abandonment of 25 ft. of Thomas st. West of Riverside Drive City Attorney storey gave opening remarks. She informed Council that Capt.Hawthorne, Mr. & Mrs. Davisworth and their Attorney, Larry Hamilton were present. Mayor Hayman opened the public hearing. Attorney Larry Hamilton, Tampa, Florida, informed Council the people who signed a petition against this request may not be aware of what took place. Captain Hawthorne briefed Council on the history of this property. City Attorney storey explained some of the problems that have existed in some of those plats in relation to the Riverwalk. There was further discussion regarding this abandonment request. Donna J. smith, 123 Thomas Street, asked what this man wants. She stated this man doesn't even mow near the street because he says that is not his and it belongs to the city. Attorney Hamilton believes they are entitled to 25 feet but they indicated in their petition they would accept less than 25 feet. He stated they want something returned that was taken illegally and unjustly in his opinion. Councilman Mitchum expressed concern about the city coming about this in not a legal fashion. He asked if this was researchable. City Attorney Storey elaborated on his concerns. Captain Hawthorne, Thomas Street, stated they found the city has a 55 foot right-of-way on Thomas Street, the original plat of Riverside Drive shows a curved road which is now straight, and a 30 foot right-of-way is recorded with the County. Page -6- Council Regular Meeting April 18, 1994 '-" ...." Attorney Hamilton presented Council with legal documents regarding this matter. City Attorney storey stated she still has not seen any recorded documents. There was discussion regarding the legal documents presented to Council. There was a discussion about exactly what Mr. & Mrs. Davisworth want. Darrell Augusta, 118 Thomas street, asked about a statute of limitations. He feels this is taking up much time. City Attorney storey stated she is not aware of any statute of limitations that would be relevant to this issue. Mr. Karet stated it is staff's position that you should never give up a public right-of-way. He stated we could abandon 10 feet, giving five feet to them. There was a discussion regarding retaining a 50 foot right-of- way. Attorney Hamilton stated they are offering to give an unrestricted easement for this water shed that is being asked for by the City. Councilman Mitchum does not feel the 10 feet would be a problem. He stated he would not have a problem with abandoning the 25 feet, giving them 12 1/2 feet and the City retaining 12 1/2 feet. Councilman Jones agreed with Councilman Mitchum. Donna Smith, 123 Thomas Street, asked if they will still have a right to go to the river. She stated Mr. Davisworth had told her she would not be allowed to cross his property to get to the river. City Attorney Storey explained the property on the east side of Riverside Drive has already been abandoned by Council action last summer. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to abandon 20 feet, giving the City 10 feet and the Davisworth's 10 feet and to bring the resolution back to Council, second by Councilman Jones. The motion CARRIED 5-0. Attorney Hamilton thanked Council. UNFINISHED BUSINESS Community Survey City Manager McMahon stated this was dealt with earlier tonight. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. Page -7- Council Regular Meeting April 18, 1994 ~ ..,., CITY COUNCIL Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. 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. Questions from Press There were no questions from the press. CITIZEN COMMENTS Joe Martin, East Volusia Engineering, spoke about obtaining records by filling out a public records request. He asked if he would need to fill out a request form to get copies of staff comments on an earlier discussed project and also a copy of Chief's Fire Code calculations. City Clerk Wadsworth explained the process of obtaining public records. There was further discussion regarding the documents Mr. Martin is interested in obtaining. City Manager McMahon told Mr. Martin if he has a developers agreement he would appreciate having it delivered to his office so he can look over and understand it. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilman Jones. The meeting adjourned at 10:48 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting April 18, 1994 ,~. ,'FORM 8B MEM~RANDUM OF YOTINr' CONFLICT FOR COUNTY, MUNICIPk( AND 'OTHER LOCAt PUBLIC OFFICERS [A51 NAML-f1R51 NAMf--MIl>DLE NAME ;a iKE ~"';I~~;~ml/4 ~ IJA- NAMl Of BOARD, COUNCIL. COMMISSION. A[ITHORITY. OR COMMlnEE E/)(;..ewAftll ('oUNn 17/1/1;'" c.... I,>r, THf BOARD, C UNCIl" COMMISSION, AUTHORITY, OR COMMlnEE Or. ~'iERVE IS A UNIT Of: ~ COUNTY OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ('In MY POSITION IS APPOINTIVE DATE 01'; WHICH VOTE OCCURRED WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although tbe use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUnS ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by'publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate' the form in the minutes, APPOI~TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any allempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete. and file this form (before making an)' attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the mailer in which you have a conflict of interest. PA(,t .. IF YOU MAKE NO A lTEMPT TO INF.-cNCE THE DECISION EXCEPT BY DI~SSION OR VOTE AT THE MEETING: . You should disclose orally the nature of your conniet in the measure before participating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. ....u_ ~/le /#-YS I, . I DISCLOSURE OF STATE OFFICER'S INTEREST , hereby disclose that on Y/;G'A'I . 19 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: . , I .... . r;;llti/~~"<<. ell,,,+<:' ~(;<-177; pn~ ~S~\A f~S'ctdJ (pz;/I> r ytf5cv(#!. ,q-vd f~It7lJJEI/J("If?1zi,.,J ~f C{J1l.LcA p~ -f~ Gf> k-r'c. ~..f.-, p '1 ~,,~ · 7 ~M ~.&AS~~ :r",v~I\I~ ,~ -.:1't v-.)dAAf.p flI1 on ~ull> .. 1k ?rD,f.-v>';;::"" ..f (:R7I'b~ t/tlr;~ ~~ 1',1' to-It. AC tI-ov~ A v,.fl:,r ~/J 1 \ Date Filed ~~/h'1 / . ~I // Signature / NOTICE: UNDER P~OVJSIONS OF FLORIDA STATUTES ~JJ2.3J7 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION Ir-.; SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CI, FORM 88 . 10-8(, PAG,