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04-21-1997 - Regular ,..,. ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 21, 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 Reverend William Bledsoe, New Life Apostolic Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: A. Regular Meeting of March 17. 1997 Councilman Hatfield made a motion to approve the March 17, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. Councilman Mitchum was absent from this meeting. B. Special Meeting of March 31, 1997 Councilman Hays made a motion to approve the March 31, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. C. Regular Meeting of April 7/ 1997 Councilman Hatfield made a motion to approve the April 7, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) Richard Jones, 1530 Sabal Palm Drive, spoke in opposition of DOT being able to tell us how we should do our roads. CITY COUNCIL REPORTS Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. ~ ~ PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ord. 97-0-06 Renumbering Chapter 11 Signs and Advertising of Land Development Code Mayor HaYman presented the background information. Mayor Hayman read Ord. 97-0-06 and opened the public hearing. City Attorney Storey made a staff presentation. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Ord. 97-0-06, second by Councilman Hatfield. City Attorney Storey requested this ordinance be made effective upon adoption. The motion CARRIED 5-0. B. Public hearing Res. 97-R-09 Consider request of Radnor/Edgewater, Inc. for Abandonment of Portion of Starboard Avenue Mayor Hayman read Res. 97-R-09 and opened the public hearing. city Attorney Storey presented the background information and made a staff presentation. She spoke about a technical correction on Page 2. The Association of Edgewater Landing Homeowners, Inc. should be The Association of Edgewater Landing Owners, Inc. Harry Carls, Attorney, Homeowners Association, confirmed he reviewed the proposed resolution. He feels it is a well drafted resolution which provides the conditions that guarantee emergency access and maintenance by the Association. He asked for Council's consideration to approve this resolution. Councilman Mitchum questioned if the provisions are not kept up, that this would revert. city Attorney Storey explained that specific language is not included in the resolution and that is something that could be included. Councilman Mitchum doesn't feel it will be a problem to include that due to his meeting with the homeowners. City Attorney Storey stated since the abandonment was conditioned on those items, if we are made aware they are not kept up, that certainly gives the city the opportunity to take issue with any of those items. Harry Hursey, Resident, Edgewater Landing, wants to know how and when the Attorney found out that a majority of the homeowners in Edgewater Landing are in favor of this. Richard Martinez, Board of Director, Association of Edgewater Landing, Inc. spoke about a meeting held in February and overwhelmingly 95% of the audience of 200 people said they wanted to continue security and were in favor of this abandonment. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Res. 97-R-09, second by Councilman Mitchum. The motion CARRIED 5-0. C. Res. 97-R-08 Establishing security procedures for absentee ballots Mayor Hayman read Res. 97-R-08. Page -2- Council Regular Meeting April 21, 1997 'W' ....", City Attorney storey presented the background information and made a staff presentation. City Clerk Wadsworth stated the Mayor brought to her attention on Page 4 section A "of Elections" needs to be included after supervisor which she would correct. Councilman Mitchum made a motion to approve Res. 97-R-08, second by Councilwoman Martin. The motion CARRIED 5-0. City Attorney Storey explained staff needs direction regarding the date the term of office should begin. The Charter provides the term of office should begin the first Wednesday after the first Monday in November. City Attorney Storey explained with the election in September there would be five weeks between the election and the date the term of office should begin. This is a policy decision. The provision could be left as it is and a new Council would take office five weeks after the election or change in the form of an ordinance could be made which would have to come back to Council. There was a discussion regarding the effective date for the newly elected Council. Councilman Hays feels it would be reasonable to go with the first Regular Meeting after the election. Councilman Hatfield spoke about one time when he didn't run for reelection and he and Councilman Mitchum were the only two at the meeting and there not being a quorum. He feels it may be in their best interest to look at the other side of the coin. Judith Lichter, 826 Navigators Way, questioned September 30th as being the Uniform Election Date for all municipalities. She was informed that is correct. City Attorney Storey explained the intent of that was to move city elections away from the November date due to the number of cities and the length of the ballot. Mayor Hayman informed Ms. Lichter the Primary is September 2nd. It was the consensus of Council to come back with an ordinance to put the new Council in office at the first Regular Meeting after the election. D. Res. 97-R-10 Annual Halifax/Indian River Spring Cleaning Day April 26, 1997 Mayor Hayman presented the background information and read Res. 97- R-10. Parks & Recreation Director Jack Corder made a staff presentation. Councilman Mitchum made a motion to approve Res. 97-R-10, second by Councilman Hays. The motion CARRIED 5-0. E. Res. 97-R-11 supporting cities of Port Orange. Deltona and Daytona Beach in providing ambulance medical transportation services by their respective municipal fire departments Mayor Hayman read Res. 97-R-11. Councilman Hays expressed his support on this. He feels municipalities should have the right to rule and manage themselves and have the right to provide whatever level of service they can afford and they feel they need. Councilman Hays made a motion to approve Res. 97-R-11, second by Councilwoman Martin. Page -3- Council Regular Meeting April 21, 1997 .,. ..." Councilman Hatfield feels they need to look into this and add Edgewater's name to it. He feels they need to look at doing the same thing. Councilman Hays agreed with Councilman Hatfield. City Manager McMahon explained why he did not bring this to Council for a recommendation tonight. He feels the manpower issue with the new building needs to be resolved. Councilman Hays feels this needs to be a future goal. Councilman Hatfield agreed this needs to be looked at. Mayor Hayman spoke about our Fire Department being able to provide Advanced Life Support. City Manager McMahon presented statistics regarding EVAC's performance in the city. He spoke about the goal for the City being to have a four-minute response time and when we are properly staffed to do that out of the stations, he feels we can. Mayor Hayman commented on there being two goals: response time and the cost to the taxpayer. He spoke about the County using the resources of municipal government and they don't reimburse municipal government for the personnel, material and equipment they use. Councilman Hays spoke about the financial impact to the taxpayer. The motion CARRIED 5-0. CONSENT AGENDA A. Transfer of $2,358.21 from Special Law Enforcement Trust Fund into General Fund B. First Amendment to Interlocal Agreement with Volusian Water Alliance Councilman Hatfield made a motion to approve the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 5-0. OTHER BUSINESS A. community Development Block Grant Annual Plan for 1997 and update of 5-year budget projections Mr. Corder made a staff presentation. Mayor Hayman asked about paving on Turgot Avenue in FY 1998. He recalled it being the opinion of the Council that they were opposed to that because of the single ownership status of most of the property on Turgot Avenue. Mr. Corder explained Mr. Karet handled that last year. When the 26-acre park site was purchased, there was discussion with the School Board of paving Turgot because that is the main entrance used to go into the Elementary School. Mayor Hayman stated on West Turgot Avenue, they expressed concern about the ownership and the benefit. He would expect the School Board and the City to pay its fair share for the recreational facility that would be there. Page -4- Council Regular Meeting April 21, 1997 ~ ~ Mayor Hayman spoke about the housing project that is west of u.s. #1 being the area they focused on and a questioned surfaced as to whether this is fair to the rest of the taxpayers to use these moneys to defray the cost that the property owner ordinarily would have to pay all or part of. Councilman Mitchum confirmed Mayor Hayman's comments. Mr. Corder informed Council if they feel that Turgot should not be included, he asked them to table it and let Community Development refigure it and try to come up with something else on the project. Councilman Hays feels the road and the needs there at this time need to be considered. We do need to get that street paved. He feels this should be a priority. Mayor Hayman stated he is not arguing the point of the importance of the benefit of the road, he is arguing the equity of the assessment. City Manager McMahon explained CDBG funds were used on Shangri-La when that was resurfaced a few years ago. On the school property it is very difficult to get them to pay. In the assessment district, they said when they sell the land they would pay and that hasn't happened yet. Councilwoman Martin asked how many individual property owners there are. Mayor Hayman would like to see the particulars on how many property owners are involved. City Manager McMahon asked Mr. Corder if it is possible to submit the Senior Center and put this issue in abeyance until the Council feels more comfortable dealing with the road. Mr. Corder stated the plan could be submitted because it is a five-year plan and it could be changed next year on an updated version. City Manager McMahon recommended Council approve the Senior Center and defer the road until Council feels more comfortable. Councilman Hatfield asked for a time certain when the other part will be brought back. Mayor Hayman asked if there would be a problem with establishing a time certain date that staff could come back with how many property owners there are and the equity of the assessment. Council would like this brought back at the next meeting. Councilman Mitchum made a motion to table the areas in question and approve the remaining part of it, second by Councilman Hatfield. The motion CARRIED 5-0. B. Florida Shores Roadway Improvement Project Part B contract change order no. 5 to extend contract time 32 days and establish June 25, 1997 as final completion date Councilman Mitchum commented on the beautiful job that has been done on Roberts Road. Councilman Mitchum made a motion to approve, second by Councilwoman Martin. Mayor Hayman asked when the extensions in time are made, are the inspectors extended as well as the prime contractors. City Engineer Fegley explained they will not have to extend Quentin Hampton's contract to effectively oversee the 32 days. Page -5- Council Regular Meeting April 21, 1997 w 'WI Mayor Hayman doesn't want to see the citizens calling in and members of the Council reporting problems with the roadway and the well point. We should have had our own inspectors out there doing that. He just wanted to make sure the inspectors are in place until the project is completed. City Engineer Fegley informed him they sure are. The motion CARRIED 5-0. C. Request for special activity fund raising event for New Life Apostolic Church to sell fireworks at Florida Shores Shopping Center Councilman Hays moved for approval and waived the fee, second by Councilman Mitchum. The motion CARRIED 5-0. D. Consideration of continuation of medical insurance for employees injured on duty (Tabled March 3. 1997) City Manager McMahon explained what he found out from the Social Security Administration. Mr. Westfall will be eligible for Medicare in June or July of this year. City Attorney Storey presented a clarification of Florida Statute, Section 112.19(h), Section 112.19{h)1.a., and Section 112.19{h)2. City Attorney Storey explained she was advised in cases where an employee is disabled and receives Medicare, then Unicare's normal practice and procedure is that they would provide the secondary health insurance coverage. Medicare is treated as the primary coverage. During the interim period, Unicare would function as the primary insurer and once Medicare kicked in they would become the secondary insurer. Mayor Hayman summarized the comments made by City Attorney Storey. He commented on coverage on children and dependents. City Attorney Storey referred to a letter from Mr. Burkowski dated April 8th wherein he requested the City provide secondary coverage for his wife because she does have primary coverage from AT&T. Mayor Hayman questioned when the secondary coverage would be effective for Mrs. Westfall. city Attorney Storey explained it could be effective as early as May 1st. If Council made that determination tonight, paperwork could be generated, premium paid and all this could become effective May 1st. Councilman Hays stated the recommendation is primary insurance for Mr. Westfall until June or July of 1997 and then at that time the City's insurance would carry a secondary coverage on Mr. and Mrs. Westfall. City Attorney Storey explained that is the request and at a staff level we have been advised it is a practical process through our current insurance provider. Councilman Hays spoke about making a decision in general about whether or not we are going to go back in time and make exceptions. What is the financial impact on the insurance budget. City Manager McMahon explained that would be determined by the number of employees that are involved. Councilman Mitchum commented on firemen and police officers being treated differently. The only issue we are dealing with now is Sergeant Westfall. He has no intention of opening up the flood gates of other issues. He asked specifically last time if we can do this for a police officer on duty prior to this effective date. The answer at that time was yes. Page -6- Council Regular Meeting April 21, 1997 'w' ...,., City Attorney storey suggested if Council is inducive to Councilman Mitchum's position, she would reference back to the statute which applies to police officers and firefighters and make that a part of the decision. If there is an issue in the future of other employees, this decision was based on that statute. Councilman Hays feels as an employer the City has gone way beyond any limits of any employer he knows and what they would do for an employee. He feels the City has been very fair to Mr. Westfall. Councilman Hatfield made a motion to give Mr. Westfall insurance compensation based on Florida statute, Section 112.19, primary coverage from May 1st through the effective date of Medicare to become supplemental secondary coverage thereafter for Mr. and Mrs. Westfall, second by Councilwoman Martin. The motion CARRIED 5-0. General Counsel, Coastal Florida PBA, commented on primary and secondary insurance. He spoke about Hikva documents, they watch over the funding of Medicare. Their primary materials indicate that if one has insurance from their employer, that insurance would be primary and Medicare would be secondary. Whatever unicare's position is on the issue, the federal law may dictate otherwise. If the federal government deems otherwise, we may have to revisit this issue to make adjustments. city Attorney storey explained this is a sideline and the issue is that Mr. Westfall is not an employee of the City and he is not currently covered. He would not be considered an employee of this City when the insurance kicks in. He will be covered, but not as an employee. Councilman Hays stated Medicare can't force you to be the primary insurance if all you are willing to purchase is the secondary insurance. E. Discussion of DOT's preliminary plans for widening SR 442/Engineering and staff report city Manager McMahon stated he was shocked what DOT really intended with closing off the accesses. We don't need them coming in and closing off our streets. City Engineer Fegley elaborated on the concerns of himself and city Manager McMahon regarding DOT's preliminary plans to widen SR 442. He showed Council overhead visual plans and explained how DOT's proposed plan affects the City. Mayor Hayman asked if DOT presented any feedback regarding how objections would be filed. city Engineer Fegley explained he administered a letter to Diane Valentine indicating some of the objections. He was told that was an access management decision. They have their laws and regulations that they have to abide by. We have requested a meeting with access management shortly so we can provide input before they proceed with 60% and 90% transmittals. He hopes by the end of next week the meetings will be scheduled. Mayor Hayman stated he would notice the DOT's liaison at the MPO meeting of their objections. He would request an expeditious access management meeting. He feels they are going to need to have a resolution from council outlining their objections and send a copy to the DOT. We should notice our legislative delegation and the MPO. Page -7- council Regular Meeting April 21, 1997 '-" ~ Mayor Hayman feels they can not tolerate this plan in the community because of the devastating effect it will have. Councilman Hays feels no road is better than what is proposed. It's obvious that no one from DOT looked at what the City has been doing with the Road Improvement Program. Mayor Hayman suggested Council request City Attorney storey and City Manager McMahon come up with a resolution in protest to the engineering design. Councilman Hays stated this proposal would make a very negative impact on business development in Edgewater. Councilman Hatfield agreed with Councilman Hays. City Manager McMahon informed Council they could pass the resolution tonight and recommended they do so. Councilman Hays made a motion to pass a resolution expressing opposition to DOT's proposed preliminary plans, second by Councilman Mitchum. The motion CARRIED 5-0. There was a five-minute recess at this time. F. Discussion of County's response/wastewater treatment plant Mayor Hayman referenced material he received regarding the County's wastewater treatment plant proposal. city Manager McMahon stated many of the issues are going to involve very technical and environmental questions and concerns. He suggested Council set up a Special Meeting and invite Attorney Bayer to develop a strategy plan for the City dealing with the various aspects that we may confront the County with. He spoke about some of the questions already being addressed. city Manager McMahon spoke about the County needing to obtain permits and get approval for funding. He further elaborated on the County's plan for the wastewater treatment plant. Councilman Hays also presented comments regarding the County's plan. There was a brief discussion regarding setting up meetings with different groups regarding water service. Mayor Hayman would like to see Edgewater consider helping Oak Hill create a utility which would posture them in a revenue stream for water and/or wastewater. city Manager McMahon stated he is not going to attempt to respond to County's questions or comments regarding why they did this or why they did that. He does not intend to get into a war with County staff. They are following the dictates of their leadership. City Manager McMahon commented on the costs of the plant and distribution system. Councilwoman Martin asked if a letter has been sent to Lee Bidgood. City Manager McMahon informed him yes he did. Due to not having any expertise in this area, he does not wish to get involved. Page -8- Council Regular Meeting April 21, 1997 """ ..""" City Attorney storey stated we have received notice the County has been issued their permit for the collection distribution system. As part of that process, there is a time frame for objecting or trying to ask the agency to take another look at that permit. She spoke to Jerry Hartman in terms if the city would have any legitimate grounds to contest the permit. The answer was probably not. City Attorney Storey explained she received a letter from Hal Schmidt and they are taking a look at the permit and conditions. They can't activate the system until they receive a permit for the plant. Mr. Hartman suggested if a plant goes in or there is a system to serve that area, there has to be a distribution system. The fact that the permit is issued to the County and if at some point the city becomes the first one to serve that area, the permit could be transferred to the City. There is a window that we have to challenge that if the Council would see fit. Mayor Hayman feels they should have a Special Meeting to finalize their strategy as soon as possible. Councilman Hays made a motion to hold a Special Meeting as soon as possible for the purpose of finalizing the City's strategy and look at the options related to the strategy, second by Councilman Mitchum. The motion CARRIED 5-0. Councilman Hatfield was excused at 9:15 p.m. G. City Attorney. City Clerk. and City Manager Agreements Councilman Mitchum stated he is not prepared to deal with this. Councilman Mitchum made a motion to extend the agreements for 30 days and bring this back at the next meeting, second by Councilman Hays. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, agreed with the Council regarding the County business. She spoke about the beaches being ruined. Ms. Hill elaborated on the widening of SR 442. She feels it should be left the way it is. Councilman Mitchum informed her SR 442 is DOT, not the County. Ms. Hill told the Council to go get them because she is sick of the County. OFFICER REPORTS City Manager McMahon spoke about the wastewater facility in Maitland. He then spoke about Edgewater's plant having the extra capacity. If the County elects not to use the plant, that is a chosen decision. City Attorney Storey spoke about communications she received from the Florida League of cities regarding two proposed bills she and Mr. Corder would like Council to express their support for. One deals with graffiti and allowing cities to establish their own graffiti ordinances. This is an issue Mr. Corder is dealing with in the parks. City Attorney Storey explained the other item is a proposed bill which would allow municipalities and volunteer organizations access to the criminal justice information system in terms of being provided with criminal history background checks on employees, volunteers or persons with unsupervised access to children, the elderly or disabled. In an attempt to provide the best service and protection to children in the recreation programs, we would like to be able to do screening of the volunteers. Page -9- Council Regular Meeting April 21, 1997 .,... ~ Mr. Corder presented details regarding graffiti in the parks. city Attorney storey stated if council is supportive, we would like to send letters to the legislative delegation in support of both of these bills. There was a consensus of Council. Mayor Hayman commented on a letter he received from the Town of pierson regarding enacting a resolution which would send a strong message to the legislature encouraging that all prisoners of capital offenses be required to serve 100% of sentence and oppose early release from prison of violent offenders. Councilman Hays made a motion to enact a resolution regarding Mayor Hayman's comments, second by Councilman Mitchum. Mayor Hayman read the title of the resolution. The motion CARRIED 4-0. City Clerk Wadsworth had nothing at this time. There were no questions from the Press. Councilman Hays spoke about using the lake on Mango Tree Drive as an off-site storage area for reuse water. He is curious where that is going and would like to move that along. City Manager McMahon stated Mr. Wadsworth indicated to him that the state was likely going to issue the permit. He has talked to Mr. Corder regarding possibly developing it into a park. ADJOURNMENT: There being no further business to discuss, Councilman Mitchum made a motion to adjourn. The meeting adjourned at 9:28 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting April 21, 1997