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04-07-1997 - Regular ~ ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 7, 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: Reverend chegwin, Presbyterian Church, gave the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: Regular Meeting of March 3, 1997 Councilman Hatfield made a motion to approve the March 3, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Dan Aloise, 1894 S. Air Park Road, feels his road is unsafe and heavily traveled and would like to see his road paved. Dick Jones, 1530 Sabal Palm Drive, Chairman, Economic Development Board, addressed Item 7D. They approve and agree with the Chamber of Commerce and they wish to have the advertising authorities retained in a separate distinct supporting role. CITY COUNCIL REPORTS Councilwoman Martin had nothing at this time. Councilman Hays commented on a letter he received from John and Janet Terry dated 3/20/97 regarding barking dogs. He feels this needs to be readdressed in the ordinance in the near future. city Attorney Storey informed Councilman Hays the animal control ordinance is coming before Council at the next meeting. Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. Councilman Hatfield thanked the police, Fire and EVAC for the fine work they did at a car wreck in front of his house. '-" ...", PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ord. 97-0-03 Regarding inspections of backflow prevention devices Mayor Hayman presented the background information, read Ord. 97- 0-03 and opened the public hearing. utilities Director Terry Wadsworth made a staff presentation regarding changing the frequency of inspections for backflow devices on houses with reclaimed water only from annually to biennially. This is consistent with state law. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 97-0-03, second by Councilwoman Martin. The motion CARRIED 5-0. B. Public hearing Ord. 97-0-04 Regarding Firefighters Pension Fund-Amending investment restrictions established in Chapter 175, Florida statutes Mayor Hayman presented the background information, read Ord. 97- 0-04, and opened the public hearing. Assistant City Manager/Finance Director Fred Munoz made a staff presentation regarding the changes to Florida statute, Chapter 175. The Board of Trustees of the Firefighters' Pension Fund is requesting the amendment to allow investment in common stocks or capital stocks of up to 70% of the assets of the Fund. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 97-0-04, second by Councilwoman Martin. The motion CARRIED 5-0. C. Public hearing Ord. 97-0-05 Authorizing extension of hours for bars and taverns during Bike Week Mayor Hayman presented the background information, read Ord. 97- 0-05, and opened the public hearing. City Attorney storey made a brief staff presentation. Judith Lichter, 826 Navigators Way, feels this should be handled on an individual basis. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 97-0-05, second by Councilman Hays. Councilman Hays commented on there being no problems with the extension over the past five or six years. The motion CARRIED 5-0. D. Public hearing Proposed development agreement Pelican Cove West II Subdivision City Manager McMahon presented his reasons for not wanting to grant a development agreement and urged Council to deny this petition. City Attorney Storey informed Council of the process for a development agreement. The first public hearing is before the LDRA and the second public hearing would be before Council pursuant to Chapter 163, Florida Statutes. Page -2- Council Regular Meeting April 7, 1997 "-' ...., Community Development Director Mark Karet made a staff presentation and informed Council of the LDRA's decision to deny this request. He explained the development agreement and went over the proposed setbacks. He further elaborated on the history of the property and issues relating to traffic. The magnitude of the impact of commercial versus residential is significant. staff feels this particular proposal with a mix of residential and largely commercial makes sense and is less impact on the surrounding neighborhood than an infinite number of arrangements that the applicant could propose. Mr. Karet briefly spoke about the major user policy. Mayor Hayman spoke about paying impact fees up front to reserve capacity but now the applicant could pay impact fees as he permits for each dwelling or each structure. Mr. Karet informed him that is correct. Terry Wadsworth, Director of utilities, further elaborated on the major user policy that has been adopted by Code. Mayor Hayman asked about an option to be listed in paragraph five that would allow the developer to pay for them as he permits the structure. Mr. Wadsworth explained that would be a Council decision. That would be a third option. Mr. Munoz further explained as the permits are pulled, that is the appropriate time to collect the water and sewer impact fees and connection fees. J.C. Carder, 2321 S. Ridgewood Ave, Belmont Homes, spoke in favor of the development agreement. He commented on traffic and increasing the street right-of-way to fifty feet if he has to, but he would rather not. He feels if the development agreement is approved, it will be good for all concerned. Bob Garthwaite explained the problems he sees with this development. He feels the applicant is asking an awful lot from the City. Don Masso, 317 pine Breeze Drive, Chairman, LDRA, explained the consensus of the LDRA and why it was denied. Judith Lichter, 826 Navigators Way, spoke about why she voted against this. She further spoke about traffic being an issue. Mayor Hayman closed the public hearing. Mayor Hayman summarized the discussion up to this point. Councilwoman Martin feels we need to protect the zoning laws. Councilwoman Martin made a motion to deny this application, second by Councilman Hays. Councilman Hatfield likes the concept of having residential there as opposed to having commercial in that area. He expressed concern with access and egress onto Falcon Avenue. He would be more apt to approve this request if it was nineteen instead of twenty-five. Mayor Hayman stated he supports the request but he does see the concern. He spoke about the proposed nursing facility and there being two entrances and egresses on Falcon Avenue. He further commented on traffic safety. Councilman Mitchum would like to take another look at the traffic with the widening of the right-of-way. He would not be opposed to looking at this again. Page -3- Council Regular Meeting April 7, 1997 .... ...", City Attorney storey explained if this is denied, the developer would have to go back through the process. She informed Council the way to have another look at it would be to continue the public hearing to another time. Councilman Hatfield does not want to see this denied if there is some negotiation to make with Mr. Carder. He asked Mr. Carder if there are some negotiations they might be able to make. Mr. Carder informed Council if he reduces the number of houses, it would be cost prohibitive as far as cost per lot. He is willing to negotiate the set backs. There was a discussion regarding Lots 10 and Lots 25. Councilman Hatfield expressed concern with Lots 1 , 2, 10, and 11. Mr. Carder would like to see the problems worked out. Mayor Hayman informed Councilwoman Martin if she withdrew her motion and Councilman Hays withdrew his second, they would be able to entertain a motion for continuance. Councilman Hays does not have a problem with the concept of residential development but he does have a problem with the density. He would be happy to withdraw his second if Mr. Carder would agree to sit down with staff and decrease the density a little bit. Mr. Carder stated he would be happy to do that. Councilwoman Martin withdrew her motion, Councilman Hays withdrew his second. Councilwoman Martin made a motion to continue this until May 5th, second by Councilman Hatfield. The motion CARRIED 5-0. City Attorney storey informed the public, there will not be another notice and this will appear on the May 5th agenda. There is no requirement for another legal advertisement or for property owners to be noticed individually. E. First readin9 Ord. 97-0-06 Renumberin9 Chapter 11 Si9ns and Advertisin9 of Land Development Code Mayor Hayman read Ord. 97-0-06. City Attorney storey made a staff presentation. Councilman Mitchum made a motion to approve Ord. 97-0-06, second by Councilman Hatfield. The motion CARRIED 5-0. F. Res. 97-R-06 OPposin9 Volusia County's plannin9 and intent to construct a wastewater treatment plant in Southeast Volusia County to provide sewer utilities to residents of this area Mayor Hayman read Res. 97-R-06. city Manager McMahon presented staff comments. Councilman Hays thanked City Manager McMahon for his comments. He stated in the Florida Trends magazine, the projected growth for this area is 12%. He briefed Council regarding a letter he received from County Councilman Pat Patterson. He doesn't believe there is any place in County government for utility service. Councilman Hays spoke about a letter from Senator Bob Graham. Councilman Hatfield expressed concern with the orange groves on the property where the proposed wastewater plant would go. Page -4- Council Regular Meeting April 7, 1997 ~ ...., Councilman Hatfield questioned what Council was in office and when was this initiated. He would like to know where this all started. He asked for County Councilman Jim Ward's help finding that out. County Councilman Ward explained SRF funds will be paid back by a rate payer base that will be spread out allover the County. He doesn't know where this was initiated but agreed to find out. Mr. Ward feels their priority should be the rate payers. asked the County to go back, reanalyze their figures and Edgewater's proposal. He feels they need to look at who best option and get the best price they can for the rate He has consider has the payers. Councilman Hays spoke about not being able to meter sewer. He spoke about the large commitment the City has made to Southeast Volusia County. He briefly spoke about environmental and health issues. He informed Mr. Ward he is pleasantly surprised with his response, his attentativeness and his representation. Councilwoman Martin asked how many customers the County would hope to generate to cover the cost and how many years will it take to get the customers. Mr. Ward elaborated on Councilwoman Martin's concerns. City Manager McMahon stated if the County can forego the construction of a utilities plant today, there is no risk for five to ten years. The risk would come only if planning beyond that time did not occur. Mr. Ward feels it is appropriate that the County Council look at Edgewater's proposal. Mayor Hayman commented on Phases 1 and 2. Councilman Mitchum made a motion to approve Res. 97-R-06, second by Councilman Hays. The motion CARRIED 5-0. Councilman Hatfield made a motion to ask City Manager McMahon and staff to work with County Councilman Jim Ward and County Councilmember Ann McFall to get this project resolved, second by Councilman Hays. The motion CARRIED 5-0. There was a five-minute recess at this time. G. Res. 97-R-07 Objecting to Special Act Legislation to permit abolishment of a municipal government without study, consent or concurrence of the municipality Mayor Hayman presented the background information and read Res. 97-R-07. Councilman Mitchum made a motion to approve Res. 97-R-07, second by Councilman Hays. Mayor Hayman informed Council the resolution would go to the Florida League of Cities and they will make sure this is disseminated throughout the Senate and the House. City Manager McMahon requested a copy also be sent to the Constitution Revision Committee. The motion CARRIED 5-0. Page -5- Council Regular Meeting April 7, 1997 ~ ~ CONSENT AGENDA A. Extension of Quentin L. Hampton consultant services to provide inspections and project representative services for Florida Shores Roadway and Drainage Improvement Project Councilman Mitchum made a motion to approve the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 5-0. OTHER BUSINESS A. Petition of South Air Park Road residents requesting paving City Manager McMahon explained this was annexed into the City approximately two years ago. He informed Council they would have to approve this as a project and recommended this be done precisely the same way Florida Shores assessment project was done. City Manager McMahon informed Council of the requirements to pave South Air Park Road and the amount of time it will take until the roads are paved. Armistead Fredlock, 1880 S. Air Park Road, informed Council every family on Air Park Road has signed the petition and they are 100% behind it. City Manager McMahon informed Mr. Fredlock the City eventually may want to sewer that for the residents of Air Park Road's benefit. He asked if the residents would have objection to that because you wouldn't want to put a road in and then have to tear it up. Mr. Fredlock stated he feels it should be an overall project but was only speaking for himself. City Manager McMahon asked him to check with the residents and let the City know before they get too far into the planning. Mr. Fredlock agreed to do that. Dan Aloise, 1894 S. Air Park Road, commented on reasons why they need to get the road paved such as safety. He spoke about Halifax Paving using that road and the vibration cracking his pool deck, driveway and the marble in his bathroom. Mr. Aloise spoke about Halifax Paving already being in the area to get the paving done. City Manager McMahon explained the process that has to be followed before the paving can be done. Mr. Aloise feels if they get this approved and get the ball rolling, maybe they can get the paving done before Halifax Paving pulls out. City Manager McMahon stated they are going to be out of here in July. Councilman Hays stated for every square foot of pavement put down, the city is required to provide for stormwater management. He commented on the time it takes due to requirements that have to be met. Bill Hiskey, 2000 S. Air Park Road, questioned what to do about the road now until paving is done. The road is not being graded or watered down. Mayor Hayman elaborated on Mr. Hiskey's concerns. He feels the prime contractor has some responsibility for the maintenance of that road. City Manager McMahon explained he has to meet the contract requirements. He agreed to have Public Works look at the problem. Mr. Hiskey asked what the City will do if the road is not gradeable. Page -6- Council Regular Meeting April 7, 1997 ~ ~ Mayor Hayman spoke about this being the dry season and as quick as you grade the road the ripples come back because of the condition of the material. He asked Mr. Hiskey not to be unreasonable with his request. He would like the residents to answer City Manager McMahon's question about their feelings regarding wastewater as well. City Manager McMahon stated Council and staff have expressed a willingness to work with the residents on Air Park Road. Councilman Hatfield spoke about Old County Road being a dangerous road as well as Air Park Road. He feels they need to look at all of the roads in Edgewater that are not paved yet and see if there is a doable solution to get this problem taken care of. The sooner we take care of it, the sooner we will be headed into the future. Sharon Kennelly, 2152 S. Air Park Road, spoke about most traffic coming up Silver Palm and using Air Park Road for the quick way to get to 1-95. How many times can they dig into the road without adding to it. She spoke about sprinkler systems on her property that have been destroyed from the road being constantly graded and never added to. City Manager McMahon agreed to look at where logically stop signs could be put up and if they will be a benefit. B. Fire/Rescue Chief's request to purchase 1997 GMC heavy truck chassis from King Truck Center using City of Gainesville's purchasing contract Fire Chief Bill Vola presented the background information for his request. Councilman Mitchum questioned ordering the chassis separate from the body of the truck. Chief Vola explained it is because of the delivery time. City Attorney Storey explained the bids would have to be brought back to Council for authorization. City Manager McMahon stated an alternative would be to go out for bid for the body of the truck and bring them both back to Council. Councilman Hays asked if action on this tonight is going to get their present vehicle back in service. Chief Vola stated he hoped that by action on this tonight, they would be able to get the chassis ordered so it could be sent to the manufacturer in the next 45 days. City Manager McMahon asked how much is in the budget for the truck. Chief Vola informed him he believed $66,000. Councilman Mitchum again questioned why they have to bid on the body too and why they are waiting on that. Chief Vola explained the truck chassis is an off-the-Iot purchase and the body is more complicated due to being customized. There was a brief discussion regarding the chassis and the body back together for Council's approval. Councilman Mitchum made a motion to table this request until the May 5th meeting, second by Councilman Hays. The motion CARRIED 5-0. Page -7- Council Regular Meeting April 7, 1997 'W' ...., C. Construction Regulation Board's recommendation on the Report of Construction Industry study Committee Mayor Hayman presented the background information. Les Ogram, Chairman, Construction Regulation Board, made a presentation regarding two items in the Department of Business & Professional Regulation Report of Construction Industry study Committee that his Board was not in favor of. Councilman Hays asked if they were unanimous recommendations of the Board. Mr. Ogram informed him yes. Councilman Hatfield made a motion to pass the recommendations of the CRB on to proper channels, second by Councilwoman Martin. The motion CARRIED 5-0. D. Discussion regarding consolidation of three Advertising Authorities steve Dennis, Executive Vice President, Chamber of Commerce, made a presentation regarding proposing the consolidation of three Advertising Authorities. He is speaking for the Chamber, not the Ad authority. Mr. Dennis asked for Council's support to impress upon the County Council that this is not something they need to do. He went on to speak about money the Ad authority has and the Chamber receiving a four penny resort tax but two pennies of that resort tax goes to Daytona. Councilman Hays made a motion to endorse the Chamber's position, second by Councilman Mitchum. The motion CARRIED 5-0. City Manager McMahon agreed to prepare a letter and forward it to Pat Patterson, Chairman, County Council. GENERAL CITIZEN COMMENTS/CORRESPONDENCE E. Addition to Agenda - Special Activity Application City Clerk Wadsworth made a presentation regarding a Special Activity Permit for New Smyrna Beach Rotary Club to have a carnival on the corner of u.S. #1 and Boston Road on May 8th through May 11th. Bill Jennings, 109 Magnolia street, New Smyrna Beach, made a presentation regarding the details of the carnival. Mayor Hayman asked Mr. Jennings if he was informed of all the special parking and police and other requirements. Mr. Jennings stated he was informed of what was with the application. There wasn't any particular mention about law enforcement. Mayor Hayman informed him he was talking about traffic control. Community Development Director Mark Karet made a staff presentation. It will have impacts on housing that is immediately to the west, on pine Avenue and Azalea, which would be something for Council to consider. Chief Schumaker spoke about problems they had the last time a carnival came to town. Problems occurred after the carnival closed at night. He feels the people in the neighborhood should have an opportunity to voice their opinion before Council votes on this. Councilman Mitchum informed Mr. Jennings of a deposit for police services. Mr. Jennings spoke about the company that will be doing the carnival and them running a very tight ship. The name of the company is Interstate Carnivals of America. Page -8- Council Regular Meeting April 7, 1997 ,.., ....., Councilman Mitchum questioned if Rotary will be providing some type of security. Mr. Jennings informed him they would be providing attendants for the parking lot. They will have the required number of people at all times. Chief Schumaker spoke to the Vice President of Barnett Bank today and he has no concern whatsoever. He doesn't want, during daylight hours, carnival traffic in their parking lot so his customers can't get through the drive through area or use up his parking lot. Councilman Hatfield stated there is to be no overnight parking or onsite camping. He further spoke about problems in the past. City Manager McMahon asked about sanitary facilities being provided for the people that work there and the people that go there for the carnival. Mr. Jennings informed him they would have portable toilets. City Manager McMahon asked about arrangements for the property to be cleaned up when the carnival leaves. Mr. Jennings informed him the carnival would be doing it. Councilman Mitchum asked about the $150.00 per day permit fee for administrative costs. Mr. Jennings asked that the fee be waived due to the funds being used for scholarships. Councilman Mitchum made a motion to approve the carnival request waiving the $150.00 per day fee, second by Councilwoman Martin. The motion CARRIED 3-2. Councilman Hays questioned how the overnight parking is going to be enforced. Chief Schumaker informed him he would have patrolmen there. Councilman Hays and Councilman Hatfield voted NO. Addition to Agenda - Lease Agreement with Mears Motor Leasing City Attorney Storey made a staff presentation. Councilman Hays moved for approval, second by Councilwoman Martin. Mayor Hayman asked if this is a budgeted item. Chief Schumaker informed him yes. Councilman Mitchum questioned the $460 per month charge. city Attorney Storey informed him what the charge includes. The motion CARRIED 5-0. Amendment to Subrecipient Agreement Mr. Karet made a staff presentation. This amendment to the community Development Block Grant Subrecipient Agreement will transfer $72,415 from unallocated funds to the rehabilitation of a portion of the wastewater collection system known as Mini- system 4. Councilman Hays moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. OFFICER REPORTS City Manager McMahon presented a status report on the organization study and staff analysis and job descriptions. City Attorney Storey had nothing at this time. Councilman Hatfield asked about feedback regarding Larry Westfall. Page -9- Council Regular Meeting April 7, 1997 . t .,..,. ""-tI City Manager McMahon commented on looking how it compares with Social Security. The SSA process is exactly the one that is incorporated into the pension board right now. They apply that to any eligible person. Mayor Hayman elaborated on their last discussion regarding duplicity and coverage and primary and secondary coverage and which was which. Council feels Mr. Westfall should be covered under the provisions outlined in Florida Statutes even though his injuries occurred six months prior to the Statute going into effect. There was a discussion regarding other employees being covered as well. Councilman Mitchum wants to know what the City's obligation is to other employees who were injured. Mayor Hayman read a portion of the March 3rd minutes regarding Mr. Westfall. City Manager McMahon stated Mr. Westfall is now receiving Social Security. The response on Medicare is you are eligible when you are 65 years old. Medicaid depends on the conditions and criteria set up for Medicaid. City Manager McMahon stated the City is required by Cobra to notify employees that their insurance is terminated and if they wish to continue that they have to notify the city within 180 days. The city has done that and received no response at the time. The prerogative is applying any extraordinary benefit to the benefits we now have. city Manager McMahon informed Council there are two or three employees that may qualify under a similar type condition. Councilman Mitchum commented on the legislation only covering police officers and firefighters injured in the line of duty. City Manager McMahon explained the legislature applied to an effective date and did not go retroactive. The issue is to provide them the benefits to go retroactive to the case at hand. In doing that, it is an extraordinary benefit to the benefits we already have. Councilman Mitchum questioned if they back date and someone pops up outside the time frame, what they do. City Manager McMahon stated you are always going to miss someone. He further elaborated on retroactivity. Mayor Hayman explained the only item he wanted to address was the Statute that addresses police officers hurt in the line of duty. He further spoke about Mr. Westfall's situation regarding his being injured before the Statute became effective. There was further discussion regarding the date of Mr. Westfall's injury, when the Statute went into effect and him receiving worker's compensation. Mayor Hayman spoke about a duplicity agreement. City Manager McMahon stated Medicare and Medicaid are primary insurances. Mr. Westfall is not 65 so he does not qualify for Medicare. Councilman Hays commented on primary and secondary insurance. Mr. Westfall spoke about injuries sustained as he is going through this process. Medicare is a secondary insurance if a person has insurance. If I receive insurance from the City, the City becomes the primary, Medicare becomes the secondary. Page -10- Council Regular Meeting April 7, 1997 , . ""-" """-tt Mayor Hayman asked Mr. Westfall when he and his legal counsel could meet with City Manager McMahon and City Attorney storey to answer questions. Mr. Westfall explained he is waiting for a response back from the City to a letter that was sent April 6th. City Attorney storey explained the letter received from Mr. Burkowski representing Mr. Westfall saying he didn't feel there was any necessity to meet. Councilman Hays stated there is one question before them being are we considering moving outside the requirements of the statute. He suggested addressing that one issue. Councilman Hatfield feels they need to determine what the requirement of the statute says of the liability of the City of Edgewater is to an employee that would be injured on the job today. If a police officer is injured on the job today, what benefits would he receive. city Attorney storey informed Council what is addressed in the statute. City Manager McMahon further elaborated. Mayor Hayman summarized where they were up to this point. He feels they have a moral obligation to look out for the welfare of every City employee. There was a brief discussion regarding other employees who have also served the City. They should be treated equally. Councilman Hatfield feels they need to dispose of one case and then take it on to the next step and decide if they want to afford the same thing to every employee in the City. There was further discussion regarding a duplicity agreement. Councilman Hays spoke about issues he feels need to be looked at. Mayor Hayman asked Mr. Westfall to have his legal counsel contact City Manager McMahon or City Attorney storey to make arrangements to meet. Mr. Westfall informed him they are waiting on that. City Attorney storey stated she wasn't sure if they will have an answer from Social Security at the next meeting but they will make an attempt to bring it before Council. City Manager McMahon stated this is not a legal issue, it is a philosophical issue. ADJOURNMENT: There being no further business to discuss, Councilman Mitchum made a motion to adjourn. The meeting adjourned at 10:23 p.m. Minutes submitted by: Lisa Kruckmeyer Page -11- Council Regular Meeting April 7, 1997