03-07-1994 - Regular
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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.
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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.
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Council Regular Meeting
March 7, 1994
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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
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Council Regular Meeting
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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.
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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.
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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.
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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.
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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.
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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
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