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03-07-1994 - Regular '. '-" ....", CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 7, 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 Father Daigle, Sacred Heart Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of Februarv 22. 1994 Councilwoman Martin made a motion to approve the February 22, 1994 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. CITIZEN COMMENTS George Kennedy Sr., 2114 S. Riverside Drive, spoke about the $150 fee being charged if you are not hooked up to the sewer by the deadline. City Manager McMahon explained the procedure on this. He feels this is an administrative problem city Attorney Storey explained when a piece of property is bought, the responsibility of payment goes with it. utilities Director Terry Wadsworth explained the list of people that were mailed the notice came from the tax rolls. He feels Mr. Kennedy should be afforded the 90-day privilege. city Manager McMahon asked Council for authorization to grant this if all is in order. It was the consensus of Council to authorize this. City Manager McMahon made an appointment with Mr. Kennedy on March 8, 1994 at 11:00 a.m. Clifford Clark, 1818 Evergreen Drive, spoke about large trucks driving through Florida Shores. He feels commercial vehicles should not be able to park on private property. James Brown, 2023 Kumquat Drive, spoke about the vehicles being used for the sewer project being parked across the street from his house and the dust from these trucks due to Kumquat Drive only being paved up to the 20th block. He would like to see the road paved. He asked if there is any way to move these trucks to a paved location. ~ ~ city Manager McMahon explained he can not ask for something that is not in the contract. Mr. Brown feels maybe back laid would help. city Manager McMahon stated he would speak with the contractor. Randy Hetz, 2019 Kumquat Drive, asked when the paving project starts, where is the equipment going to be parked. City Manager McMahon apologized for the inconvenience the CIP has brought. He explained the paving project will be done different. He stated the City will make sure improvements are made on the streets in this area. Mayor Hayman spoke on the recent newsletters addressing paving. He stated the press helps to keep the public informed. COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. City Manaqer 1) city Survey city Manager McMahon spoke on his memo regarding the city survey. He explained the purposes of this survey. He explained he has requested RFP's. He stated the survey would be mailed out. councilman Jones likes the idea and he feels the more input, the better. He would like to know the actual cost and if this is realistic. councilwoman Martin feels there should be an asterisk at the end of the survey if the funds are available. Councilman Hays feels a survey could be useful in helping Council prioritize their goals. He feels they need to think about the questions that are going to be asked. City Manager McMahon feels the cost would be approximately $5,000 - $10,000. Mayor Hayman does not recall the city ever going out and asking for feedback. He supports the notion of a survey. It was the consensus of the Council to go with this and have City Manager McMahon come back to them. city Manager McMahon stated the survey should be completed by July or August. CITY COUNCIL councilman Jones councilman Jones had nothing at this time. councilwoman Martin councilwoman Martin had nothing at this time. councilman Hays councilman Hays spoke about a memo from the Mayor regarding the business and manufacturers meeting on March 9th. He wished he would have known sooner to change his schedule around. He questioned the date of the meeting if this is the right time to do it. Page -2- Council Regular Meeting March 7, 1994 '-" ~ Mayor Hayman explained the reason for calling this meeting. Councilman Hays also spoke about a memo from the Fire Chief regarding Michael Hayes being named Firefighter of the Year. He stated the VFW will be honoring him for his achievement. He congratulated Mr. Hayes. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman 1) Mayor's Report re: Uniform city Election Days Mayor Hayman explained Deanie Lowe, Supervisor of Elections, is asking for a more Uniform City Election Day so everyone is going to the polls at the same time. City Manager McMahon expressed concern about having a poor turnout if the election is not in November. Councilman Hays feels strongly the people in Edgewater have already decided to keep the election in November. Councilman Jones feels city Clerk Wadsworth can express the views of Council on this matter. Council expressed their feelings on changing the Election Day. It was the consensus of the Council that City Clerk Wadsworth serve on the Election supervisor Committee. Mayor Hayman stated Council has been invited to attend a meeting of the st. John's Water Management District on April 29th at 10:00 a.m. to discuss the st. John's water supply needs and the sole source aquifer. Mayor Hayman encouraged Council and staff to attend this meeting. Mayor Hayman spoke about a letter received from the U. S. Baltic Foundation thanking the City for allowing Finance Director Fred Munoz to go over seas to represent the City and the United states. City Manager McMahon explained that he shared the compliment and the city should be very proud of our Finance Director Fred Munoz. CONSENT AGENDA A. Additions to List of Obsolete and Unusable Property for city Auction March 12, 1994 B. Confirm appointments of employee-elected members Jan Morris, Tyna Hilton, and Jerry Proctor to serve on General Employees Pension Board Mayor Hayman read the consent agenda. Councilwoman Martin made a motion to approve 5A & 5B, seconded by Councilman Jones. The motion CARRIED 5-0. NEW BUSINESS A. Buv-A-Bed Beddinq's Request to hold One Tent Sale per Month for Next Three Months at 2018 S. Ridqewood Ave. Councilwoman Martin asked if this tent will remain up. Karen Hicks, 3008 Woodland Drive, stated the address is 2018 not 2108. She then explained the tent will go up on Friday and come down on Monday. Page -3- Council Regular Meeting March 7, 1994 '-" ""'*' There was discussion about this being a success and Ms. Hicks coming back with a further request to continue this. Councilman Mitchum stated this approval would only be for three months because Ms. Hicks stated she would come back. Councilman Jones made a motion to approve this request, seconded by Councilman Mitchum. The motion CARRIED 5-0. B. Phillip Fonq, Chairman, Economic Development Board, re: Volusia County Overall Economic Development Plan Phillip Fong, Chairman, Economic Development Board, gave a presentation on the Volusia County Economic Development Plan and the goals of the Economic Development Board. Mayor Hayman clarified Mr. Fong's request of Council. City Manager McMahon spoke on the cost of funding these goals. He feels this needs to cautiously be looked at. There was further discussion on funding these goals. Councilman Hays feels Mr. Fong gave an excellent presentation but he feels Council needs to help Mr. Fong set priorities. He feels they need to talk about the issue of Park Avenue and getting the infrastructure in place and commercial development on u.s. #1. There was a discussion on the short term goals of the Economic Development Board. Mayor Hayman questioned the $200,000 to do the environmental analysis. Joe Martin, Chairman, Volusia County Overall Economic Development Plan Committee, explained that figure is now obsolete. Mayor Hayman clarified for short term goals they are leaning toward the PID area of Park Avenue and the development of other commercial/industrial areas along W. Park Avenue. Mr. Martin stated the money that FIND will be putting in to help with these projects might be eligible for matching grants. There was a discussion regarding the short term goals Council is interested in now. The remainder of the goals would be considered long term goals. It was clarified W. Park Avenue and Ridgewood & u.s. #1 Commercial Corridor were the short term goals Council is interested in now. There was a discussion regarding three employees per shift in reference to Indian River Boulevard/SR 442 Industrial Area. Mayor Hayman mentioned a long term project referring to a study that suggests New Smyrna, Edgewater and Oak Hill elaborate and capitalize on the potential in the Indian River, Mosquito Lagoon estuary. There was a discussion regarding a dead line to get it back to the County. Mr. Fong agreed to get with staff on the short term goals. There was a five minute recess. Page -4- Council Regular Meeting March 7, 1994 'r ., C. Jack Spencer re: Burt Fish Medical Center Services Jack Spencer, 2604 Victory Palm Drive, invited Council and staff to the hospital. He stated the purpose is to give Council information on an expansion program. He stated they want to provide some improved communication with the elected officials. Mr. Spencer commented on a Wellness Park being in the plans for the future. He informed Council the days he has open are March 29th, 30th and 31st at 7:00 p.m. Council decided on the 31st at 7:00 p.m. Mr. Spencer asked Council if he could contact the City Clerk as to who from the staff will be attending. Mayor Hayman stated it will be taken care of. There was discussion regarding Fish Hospital expanding services into Edgewater. D. Appointment of one member to Veterans Park Advisory Committee due to expiration of term of William Berq Councilwoman Martin made a motion to reappoint william Berg, seconded by Councilman Hays. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS FIRST READING: A. Ord. 94-0-06 Re: Alarm Systems/False Alarms Mayor Hayman read Ord. 94-0-06. City Attorney Storey gave background information on the need for this ordinance. Tracey Barlow, Acting for Chief Vola spoke about an incident that happened to him and he elaborated on the reasons for needing this ordinance. Councilman Mitchum asked what Chief Schumaker was basing the $30.00 factor on and Chief Schumaker elaborated on this. Councilman Mitchum stated the personnel are already being paid for this. He wants Council to consider all factors and be fair with what they are going to do. City Attorney Storey explained the fees and fines involved in this ordinance. Mr. Barlow spoke about occasions where equipment has been tied up on the scene of a false alarm and an emergency occurs. Mayor Hayman expressed concern with not being able to transfer and having to reapply for the alarm permit. He expressed concern with disconnecting someone's alarm and a real emergency occurring. Councilman Jones stated he doesn't have a problem with the ordinance but expressed concern about the discouraging people from getting alarm systems because of the fines being too high. There was a discussion regarding the fines for false alarms. There was a lengthy discussion regarding the types of alarms that are being installed. There was a discussion on requirements and standards. Page -5- Council Regular Meeting March 7, 1994 '-" ...., Mayor Hayman stated something needs to be done. He would like more justification on the total cost of the Fire Department. He feels the Police Department isn't charging enough as opposed to what the Fire Department is charging. Chief Schumaker elaborated on this. Chief Schumaker spoke about false alarms becoming a bigger problem and it affecting the operation of the Police Department. Mayor Hayman found objectionable the notion that we can have a City representative disconnect the system and when a house or business is sold and the new owner has to come in and repermit the alarm. He would like to see these items taken out of the ordinance. Councilman Mitchum had an objection with the $25 permit fee to register his alarm. There was further discussion regarding the permit fee. It was the consensus of the Council not to charge a permit fee. There was discussion regarding registering the alarm systems without a registration fee. Councilwoman Martin suggested putting an ad in the newspaper requesting people to facilitate the Police and Fire Department by registering their alarm systems. Chief Schumaker stated if this is passed he would assume it would be put in the newspaper. It was the consensus of the Council to encourage registration, for law enforcement and fire to encourage those not registered to register, omit the $25.00 fee and eliminate the cut off provision. city Attorney Storey stated a resolution will be presented addressing the fines. Councilman Mitchum made a motion to accept Ord. 94-0-06 as amended, seconded by Councilman Jones. The motion CARRIED 5-0. B. Ord. 94-0-09 Comprehensive Plan Amendment Community Development Director Mark Karet made a presentation and explained the changes to the comprehensive plan amendment. Mayor Hayman read Ord. 94-0-09. Councilman Jones made a motion to approve Ord. 94-0-09, seconded by Councilwoman Martin. The motion CARRIED 5-0. C. Ord. 94-0-10 Rezoninq Land at Northeast Corner of Intersection of S. Riverside Drive and U.S. 1 Mr. Karet explained the reason for this rezoning request. There was discussion regarding rezoning this land. City Attorney Storey stated assuming this goes to the public for public hearing, we will now be under the decision the Supreme Court arrived at where small parcels are considered to be quasijudicial. city Attorney Storey informed Council what their role would be in the public hearing. Mayor Hayman read Ord. 94-0-10. Councilman Mitchum made a motion to approve Ord. 94-0-10, seconded by Councilman Hays. The motion CARRIED 5-0. Page -6- Council Regular Meeting March 7, 1994 v ""-'tf SECOND READING: (PUBLIC HEARING) There were no items to be discussed for second reading. UNFINISHED BUSINESS A. Appointment of one member to Land Development and Requlatory Aqency due to expiration of term of Georqe Ewinq (Tabled Feb. 22,1994) Councilman Mitchum made a motion to remove this from the table, seconded by Councilman Hays. Councilman Hays made a motion to appoint Judith Lichter, seconded by Councilwoman Martin. The motion CARRIED 5-0. B. Report on utilities Expansion, Annexation, and County Service Aqreements (Presentation at meetinq) city Manager McMahon made a brief presentation on the reason for this report. utilities Director Terry Wadsworth and Mr. Karet made a presentation on the utilities Expansion, Annexation and County Service Agreements. Staff made a presentation on the Consulting Engineering Services to Design 12" Southerly Water Line Extension. There was further discussion on this matter. It was the consensus of the Council to place the presentations of the four firms that were shortlisted on the next agenda. The firms include Hartmann & Associates, Dyer, Riddle, Mills & Precourt, Blount Sikes & Associates, and Quentin Hampton. Staff made a presentation on the request to solicit for RFP for a Consulting Engineering firm to prepare a Western Service Area Water/Wastewater Master Plan, 201 Facilities Plan Amendment, and Reuse Master Plan Update. There was further discussion regarding this matter. It was the consensus of the Council to go ahead with this. Staff made a presentation on the request to the City Council to establish a position statement concerning negotiations with Volusia County on the Interlocal Service Agreement. There was further discussion regarding this matter. Council liked what they saw in the Ormond Beach arrangement. Staff made a presentation on the request to the City Council to establish a policy for a non-incorporated area to connect to the City of Edgewater utility System. There was further discussion regarding this matter. Council was concerned with the ability to sell water. They want flexibility and a condition of services. Staff made a presentation on the request to the city Council to authorize an in-house marketing study to identify locations for utilities expansion. There was further discussion regarding this matter. It was the consensus of the Council to go out and do the study. Page -7- Council Regular Meeting March 7, 1994 v ,..", Mayor Hayman asked to go back to Item 4. Mr. Karet clarified annexation is required but you are not required to annex to receive water at this time. Mayor Hayman expressed concern about the city having a water shortage due to the city having too many clients. 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 Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays would like Fire Public Safety to be addressed for long range planning. Councilman Mitchum Councilman Mitchum questioned if FIND would be paying for road infrastructure on Park Avenue. Mayor Hayman clarified they would pay for the road but not water and sewer. Councilman Mitchum would like to see that as part of the negotiations. Mayor Hayman Mayor Hayman had nothing at this time. Questions from Press There were no questions from the press. CITIZEN COMMENTS Joe Martin, Lot 15 Cherokee Ridge, spoke about annexation. He asked how the City would handle the annexation requirement. He asked Council to look at this matter on a case by case basis. Doris Hill, 112 Lincoln Road, agreed with Mr. Martin on the Massey property but she didn't agree with Mr. Martin on residential property not paying their way with ad-valorem taxes. Mrs. Hill feels there are some problems with the structure of the LDRA and the new Economic Development Board. She asked Council to find out what the people want. Oscar Zeller, Flagler Ave., commented on needing more fire protection and putting a fire hydrant at the corner of Flagler & Park Avenue. Page -8- Council Regular Meeting March 7, 1994 y ....., Mr. LaBosse', Palm Breeze Drive, commented that 17 homes want water, 2 do not. He stated the big problem is they don't want to annex into the city but they want water. Mr. Karet stated the ownership of the road is a real problem. He stated all of the individual property owners own a portion of the street. The individuals who do not want utilities are located in the middle of the street. There was discussion regarding a right-of-way being necessary if utilities were brought to them. ADJOURNMENT There being no further business to discuss, a motion was made by Councilman Mitchum and seconded by Councilman Hays to adjourn. The meeting adjourned at 11:18 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting March 7, 1994