06-02-1997 - Regular
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CITY
COUNCIL OF EDGEWATER
REGULAR MEETING
JUNE 2, 1997
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 Danny Hatfield
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 Pastor Chuck Acheson, Nazarene
Church of New Smyrna Beach. There was a pledge of allegiance to
the Flag.
APPROVAL OF MINUTES
Regular Meeting of May 19, 1997
Councilman Hays made a motion to approve the May 19, 1997
minutes, second by Councilman Mitchum. The motion CARRIED 5-0.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(other than public hearings)
Judith Lichter, 826 Navigators Way, spoke about Edna Hickox, an
applicant for the LDRA. She stated Ms. Hickox was the clerk of
the Planning and Zoning commission in Connecticut where Ms.
Lichter served for six years. She spoke about the credentials of
Ms. Hickox.
CITY COUNCIL REPORTS
Councilwoman Martin had nothing at this time.
Councilman Hays had nothing at this time.
Councilman Mitchum had nothing at this time.
Councilman Hatfield had nothing at this time.
Mayor Hayman spoke about representing the City at the Volusia
League of Cities, Metropolitan Planning Organization, and Volusia
Council of Governments. He can no longer represent the Council
and asked to be relieved of his responsibilities and that Council
appoint someone else.
Mayor Hayman informed Council a Department Head or City Manager
could act on behalf of the City. The next VCOG/MPO meeting will
be the 4th Tuesday of the month. The meetings are at the VCOG
headquarters in Pelican Bay.
Councilman Hays asked for an opportunity to look at this.
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PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. First readinq Ordinance No. 97-0-08 Animal Control
Mayor Hayman read Ord. 97-0-08.
City Attorney storey presented the background information.
Councilwoman Martin asked if the ordinance still includes
defecation on the Riverwalk. City Attorney storey explained that
is still in effect.
Councilman Hays commented on Muscovy ducks, barking dogs and
nuisance animals. He feels a wonderful job was done on the
ordinance.
Mayor Hayman complimented staff for the ordinance. He clarified
spaying and neutering under the Breeders definition on Page 6.
Mayor Hayman spoke about the definition of citation on Page 6 and
not wanting any more legislation that will put the citizens of
this community in court. City Attorney storey elaborated on
Mayor Hayman's concerns. She explained the citation process is a
civil citation process.
Chief Schumaker explained what the Animal Control Officer will be
able to do under the new ordinance with civil citations.
Mayor Hayman commented on the Code Enforcement Board and there
being an appeals system and mechanism where we don't go to court.
If they don't like what happens here, they can appeal and go to
civil court.
Chief Schumaker elaborated on Mayor Hayman's concerns.
Mayor Hayman
of property.
defecation.
spelled out.
property.
spoke about urination and defecation and destruction
He appreciates an owner having to pick up the
He feels destruction of property is not clearly
Is there a dollar value for destruction of
Councilman Mitchum made a motion to approve Ord. 97-0-08, second
by Councilwoman Martin. The motion CARRIED 4-1. Mayor Hayman
voted NO.
B. First readinq Ordinance No. 97-0-09
parcel from 1-3 to 1-1 West Park Avenue
Rezoninq 1.11+ acre
Mayor Hayman presented the background information and read Ord.
97-0-09.
Community Development Director Mark Karet made a brief staff
presentation due to this requiring a public hearing at which time
a detailed presentation will be made on the criteria established
in the ordinance. He called Council's attention to the maps.
Councilman Hays asked the type of fish that will be raised. Mr.
Karet explained this request is simply for a change in zoning.
The applicant has a separate request where he would like to see
aquaculture added to the list of the 1-1 and that is going
through the process now. The LDRA had a hearing at their last
meeting where they recommended a limited aquaculture use be
permitted in all the industrial districts.
Earl Wallace, 1927 Guava Drive, presented comments on behalf of
Charles E. Wheaton. He feels it would benefit the community in
allowing the rezoning to be approved.
Councilman Hatfield made a motion to approve Ord. 97-0-09, second
by Councilman Mitchum. The motion CARRIED 5-0.
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Council Regular Meeting
June 2, 1997
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CONSENT AGENDA
A. Annual Arbitrage rebate calculations
Councilman Hays made a motion to approve the Consent Agenda,
second by Councilman Hatfield. The motion CARRIED 5-0.
OTHER BUSINESS
A. Declare reuse connection and line extension materials to be
impact fee eligible
Councilman Mitchum moved for approval, second by Councilman
Hatfield. The motion CARRIED 5-0.
B. Declare engineering bills for city/County service area
related work to be impact fee eligible
Councilman Hays moved for approval, second by Councilman Mitchum.
Councilman Mitchum asked
wanted to go with this.
they can spend as far as
throw this back into the
about the discussion on how far Council
He asked if there is any idea how much
the engineers are concerned before we
County's lap.
utilities Director Terry Wadsworth explained they are looking in
the neighborhood of $20,000 for everything which has been
approved. The rates, impact fees and submittal will be ready to
go to the County this week.
Mayor HaYman asked that minutes of the Special Meeting held that
articulated the strategy and action plan of the city be faxed to
the County Council.
The motion CARRIED 5-0.
C. Affirm appointment of one member-elected representative and
fifth member to Firefighters Pension Fund Board
Councilwoman Martin made a motion to approve the recommendation
of Gary Butt and Jill Landreville, second by Councilman Hatfield.
The motion CARRIED 5-0.
D. Appointment to Land Development and Regulatory Agency
Councilman Hatfield made a motion to approve Edna Hickox, second
by Councilman Hays. The motion CARRIED 5-0.
E. DeBary City Council's request to support naming their new
public library "The Florence K. Little Memorial Library."
Mayor HaYman presented the background information.
Councilwoman Martin made a motion to support this request, second
by Councilman Mitchum. The motion CARRIED 5-0.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
OFFICER REPORTS
City Attorney Storey had nothing at this time.
City Clerk Wadsworth had nothing at this time.
City Manager McMahon asked City Engineer Fegley to comment on
S.R. 442 and his meetings with DOT regarding options they have
presented to the City.
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Council Regular Meeting
June 2, 1997
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City Manager McMahon also asked City Engineer Fegley to discuss
negotiations with Tommy Durrance, Halifax Paving, on the amount
of extra work he is doing and the possibility of negotiating
liquidated damages with him.
city Engineer Fegley presented a report on the widening of S.R.
442 and the options provided by DOT. He requested feedback on
the options.
Mayor HaYman stated what he saw represents some progress in the
right direction. He asked if they are going to provide a similar
rendering like the 30% rendition they gave us. City Engineer
Fegley explained typically it is 30%, 60%, and 90% design.
Mayor HaYman stated he is interested in city Engineer Fegley's
comments from the traffic engineering perspective on safety,
particularly when they start connecting the turn lanes.
City Engineer Fegley explained he is not in favor of either
option and feels they should negotiate more.
Mayor Hayman has strong objection to the elimination of any cross
over.
Councilman Mitchum agreed with Mayor Hayman. He stated it looks
like DOT is willing to negotiate.
Councilman Hays spoke about the utility poles being placed on
S.R. 442. He needs more information before he can make an
educated guess as to what would be best.
Councilman Hatfield feels City Engineer Fegley is right on
target.
City Manager McMahon briefly spoke about beautifying S.R. 442.
City Engineer Fegley presented a status report on the RIP project
regarding additional work done and negotiating the liquidated
damages with Halifax Paving. The final completion date is June
19th at which time liquidated damages could be applied if they
are not 100% done. He has another letter of request to extend
the contract time due to some valid reasoning.
City Engineer Fegley will approach Council at the next meeting to
discuss Halifax Paving trying to circumvent the liquidated
damages and work with the City. They don't want any additional
money, they just don't want the City to assess any penalties.
City Manager McMahon spoke about the cooperation the City has
received from Tommy Durrance of Halifax Paving. Mayor HaYman
agreed with City Manager McMahon.
City Manager McMahon explained he has been looking into different
mulching operations rather than using the incinerator. We are
looking at, through a trial operation, leasing equipment. If
this can accommodate what we want in terms of volume and within a
reasonable cost, that is probably the way he will recommend it to
Council. We would then go out for RFP's for leasing.
Councilman Hays suggested other area cities may be interested in
going in on this with the City.
Donald Masso, 317 pine Breeze Drive, Chairman, LDRA, thanked
Council for their judicious selection of a member to their board.
ADJOURNMENT
There being no further business to discuss, Councilman Mitchum
made a motion to adjourn. The meeting adjourned at 8:00 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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Council Regular Meeting
June 2, 1997