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02-03-1997 - Regular ......... .....", CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 3, 1997 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Vice Mayor Martin called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Vice Mayor Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Present Present Present Arrived 7:08 p.m. Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. PRESENTATION OF PLAQUE TO LARRY W. WESTFALL FOR 24 YEARS OF OUTSTANDING SERVICE Chief Schumaker presented Mr. Westfall with a plaque and commended him for his outstanding service to the City. APPROVAL OF MINUTES: A. Regular Meeting of January 6, 1997 Councilman Hays made a motion to approve the January 6, 1997 minutes, second by Councilman Mitchum. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY COther than public hearings) John Moore, 2354 Fern Palm Drive, stated he would like to make comments regarding the sign ordinance during the public hearing. He presented comments regarding being in favor of keeping the Economic Development Board. He informed Council he would be submitting an application to serve on this board. Tom Alcorn, member, Edgewater Business Association and Volusia County Business Development Corporation, has been made Chair of two committees regarding the city of Edgewater's FIND development project. He passed out information regarding the FIND project. Mr. Alcorn presented comments regarding the attendance of the Economic Development Board. He commented on two projects being worked on by the Economic Development Board. Councilman Hays questioned if the projects mentioned by Mr. Alcorn have already been approved by FIND. Mr. Alcorn informed Councilman Hays yes, it is as presented, the most recent information that they have regarding how they want it laid out per Joe Martin. Mr. Alcorn stated there has been a lot of work put together by the EDB and now they are getting to the point where they can provide some employment and jobs for folks and to eliminate that board would be inappropriate at this time. ~ ...." councilman Hays explained he is not as interested in eliminating the board as he is getting people to show up. He referred to Mr. Alcorn's analogy regarding Babe Ruth and explained if you don't dress out and show up for the game, you're not going to hit any homeruns. Mr. Alcorn passed out information regarding the FIND project. Ken Fairchild, 2727 willow Oak Drive, informed Council he is there on behalf of his neighbors that have a problem with the signs. They feel the benches that have been put on willow Oak Drive by Votran are causing difficulty with the beer cans and the cigarette butts. He complained about the children that hang out there. He is getting sick of going out and cleaning up after them. Councilman Hatfield ~nformed Mr. Fairchild there will be a public hearing to discuss s1gns. We are now under citizens comments regarding items on the agenda with the exception of public hearings. Mr. Fairchild agreed to comment at that time. Sandy Jones, President, Southeast Volusia Chamber of Commerce, expressed support for the Economic Development Board. She presented a letter of support for the Economic Development Board to the City Clerk. Paul Jenkins, Willow Oak Drive, commented on the issue of mosquito control. He doesn't know if the City has had overhead spraying in the past. There have been a lot of problems with paint failing on cars. He is wondering if there is a possibility that that paint failure is due to the mosquito control spray settling on cars in the mid mornings. He expressed concern on the spray settling in the grass and children playing in the grass. City Manager McMahon explained the spray that is used today has to be environmentally approved by the state and the spraying technique also has to be approved by the EPA. He suggested if there are serious concerns regarding the safety and damaging effects of it that they be addressed to those agencies. city Manager McMahon explained due to the over 300 ponds in Edgewater, assuming the spray is safe, these ponds and all of the area must be sprayed or there will be a proliferation of mosquitos. Judith Lichter, 826 Navigators Way, expressed support for the Economic Development Board. She agreed with Councilman Hays that attendance is also important and that the Boards that temporarily need help have a liaison from the Council until that help is established. CITY COUNCIL REPORTS Councilman Hatfield had nothing at this time. vice Mayor Martin had nothing at this time. Councilman Hays explained he has had some discussion over the past couple of weeks with City Manager McMahon. He has asked him to look into the Public Works area, specifically the incinerator area. He wants to look at the facility and the location, and if that location of the incinerator needs to be upgraded or moved. City Manager McMahon commented on options he is planning on looking at. Page -2- Council Regular Meeting February 3, 1997 '-' ." councilman Mitchum had nothing at time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ord. 97-0-01 Clarifying. restating and adopting City of Edgewater, Florida, Police Retirement Plan vice Mayor Martin opened the public hearing. City Attorney storey presented some background information and explained the intent of the ordinance. She addressed some changes that were made to the document. The bulk of these were changes made to bring the plan into compliance with Federal laws. Gary Conroy, Chairperson, Board of Trustees for the Edgewater Police Pension Board, stated it was unanimous vote that the Board recommend the City Council go forth and approve this ordinance. City Attorney Storey read Ordinance 97-0-01. Paul Fafata, Representative, Fraternal Order of Police Bargaining unit, explained they have had a number of meetings concerning the pension. They are all in agreement with the issues at hand. They would move for the passing of the ordinance at this time. vice Mayor Martin closed the public hearing. Councilman Hatfield was glad to see everyone that needed to review the document did. Councilman Hatfield made a motion to approve Ord. 97-0-01, second by Councilman Hays. The motion CARRIED 4-0. B. Second reading and Public Hearing Ord. 97-0-02 (formerly No. 96-0-10) New sign ordinance Community Development Director Mark Karet made a staff presentation. He went on to explain various sections of Exhibit A which were changed per Council request. He also presented changes which were done by staff. Mr. Karet further commented on significant changes to the old sign ordinance compared to the language in the new sign ordinance. City Attorney Storey read Ord. 97-0-02. vice Mayor Martin opened the public hearing. Ken Fairchild, 2727 Willow Oak Drive, commented on the new bus route that goes up willow Oak Drive. He requested to have the bench moved from in front of his house. He commented on the advertising signs on the benches. He spoke about the mess that is left at the bench by his house. He asked that the benches be reconsidered at least between the area of Hibiscus Drive and willow Oak Drive. Councilman Hays spoke about how nice it is to have a bus service in Edgewater. He admitted being the g~ilty one that made the suggestion of having the advertising slgns. We use these signs as a means of advertisement and the money for that advertisement is used in the Parks & Recreation Department. He feels they have a responsibility to the community to maintain the right-of-way. He asked that the crews check the benches to make sure they are kept neat. Mr. Fairchild feels the commercial signs need to be moved out of a residential area. He asked to look to the future and clean up. Page -3- Council Regular Meeting February 3, 1997 '-" ....., Don Masso, 317 pine Breeze Drive, stated he lives on a quiet street where there are no bus stops, benches or signs and he still gets garbage along the front of his yard. He feels it is a people problem. Gigi Bennington, 121 Virginia street, commented on being on the original Sign Ad Hoc Committee and the original sign ordinance. She questioned if off-site signs refer to yard sale signs or if they are prohibited signs. Mr. Karet explained the current sign ordinance doesn't make any changes to the existing provisions for yard sales. There was further discussion regarding yard sale signs being removed by staff if they are not on the property where the sale will be held and whether they could come under public information signs. Ms. Bennington presented questions regarding Page 11-6, section 1105 Labeling of Signs. Mr. Karet elaborated on Ms. Bennington's concerns. Ms. Bennington expressed concern with it being beneficial to City staff to have the labeling of signs. The businesses that will have to put up these signs are going to have to bear an extra expense to make it beneficial to City staff. Mr. Karet explained we do not have the ability to have 24 hour access to all the records. Councilman Hays questioned how much of an expense a label can be. Ms. Bennington stated how do we know until we go to the sign manufacturers. Mr. Karet explained Don Bell, Don Bell Signs, one of the largest manufacturers around, routinely label every sign at no additional cost. with an individual person who is putting up a sign, we will have to work with them. Most of the professional sign manufacturers routinely do it anyway. Ms. Bennington commented on the removal of obsolete, deteriorating non-conforming signs. After the sign ordinance is enacted, is the Building Official going to go around and make sure that all of the signs are permitted. Vice Mayor Martin suggested Ms. Bennington speak to Mr. Karet in his office about these exceptions. Ms. Bennington feels in the ordinance matters are being left up to staff. We already have an enforcement problem in this City and if you are going to pass an ordinance this comprehensive, she feels the city needs to make sure that is clear to the business people that are going to be affected by this. City Manager McMahon elaborated on Ms. Bennington's concerns regarding staff's position on enforcement. Ms. Bennington questioned Page 11-7, Section B. Mr. Karet elaborated on Ms. Bennington's concerns. Ms. Bennington presented questions regarding portable signs. She also questioned Page 11-18, Section 1111. Mike Visconti, 316 pine Breeze Drive, spoke about bench signs. He feels the first bench sign you see coming in on SR 442 needs to be removed due to that being a dangerous intersection. He feels if the City is going to advertise, the advertising should be done discretely and make the signs more attractive. Page -4- Council Regular Meeting February 3, 1997 '-' ..."" City Manager McMahon explained if they could address the aesthetics of the signs, he personally would ask Council to condone burning about 95% of them on u.s. #1. He feels dealing with this problem through a logical sign ordinance is about the best that any city can do. It is very difficult to control aesthetics of a sign. Ken Fairchild, 2727 willow Oak Drive, informed Council he has been in contact with Votran and they informed him it was an advertising agency that takes care of this. It is not Votran or the City. They were the ones that sold this advertising space and they informed him he would need to come to Council next. John Moore, 2354 Fern Palm Drive, feels a lot of progress has been made by staff and the LDRA. He referred to section 1103, G & I and section 1105. Mr. Moore suggested the City provide the label to be placed on the sign. Councilman Hays feels this is a good idea. Mr. Karet explained most professional sign manufacturers do label their signs. Councilman Hays feels when an inspection is done, there will be no question as to whether the label is proper because the City would put it on. Councilman Mitchum commented on the label also including electrical voltage as well as the permit number for electrical signs. It may be very prohibitive for the City to come up with a uniform label other than the sticker containing the permit number and the date of erection. He would be more in tune with a permanent type engraved label for any electrical signs. Mr. Karet commented on responses received from correspondence sent to every active sign manufacturer in the City. Mr. Moore doesn't see any reason to put laws on the books that the City can't enforce. Paul Jenkins, willow Oak Drive, presented comments regarding certain items in the proposed sign ordinance he would be concerned with if he was going to open a business in Edgewater. There was a five-minute recess at this time. Dave Ross, 2803 Needle Palm Drive, expressed concern regarding yard sales. He feels if the Economic Development Board issue isn't resolved they will probably speak up for them because if you take those away you are going to destroy about 50% of economic base in this city. He feels this is a good code and it should be passed. He informed Council there is a neighboring city that is about to pass a sign code that says there will be not one sign approved or permitted unless these five members personally back the design of that sign. He feels the term structure needs to be defined under definitions. He feels the structure frontage is that building frontage from side wall to side wall of the business address. Mr. Ross further spoke about shopping centers. He spoke about potentially going to one of the shopping centers and finding out they are already over signed. He recommended for shopping centers the structure frontage be defined by individual tenant space. Councilman Hatfield asked how hard it would be to define structure and bring it over from the code into this. Mr. Karet explained structure is broadly defined but they could include language that would reference what structure we are using to identify widths. Page -5- Council Regular Meeting February 3, 1997 '-"' ...." Judith Lichter, 826 Navigators Way, presented comments regarding a couple of different interpretations of Page 11-4, section G. She also presented comments regarding Page 11-5, section I. She feels on the whole this is a document that is very liveable with and should be passed. Mr. Karet requested an effective date be set for this sign ordinance. He recommended one week from today be set as the effective date. Councilman Hatfield suggested this ordinance be reviewed in six months. Councilman Hatfield made a motion to approve Ord. 97-0-02 including the definition of structure with an effective date of February 14, 1997, second by Councilman Mitchum. The motion CARRIED 4-0. C. Res. 97-R-01 Correcting scrivener's error in Ord. 275 vacating portion of Connecticut Ave. West of u.s. #1 City Attorney storey read Res. 97-R-01 and presented the background information. Councilman Hatfield made a motion to approve Res. 97-R-01, second by Councilman Mitchum. The motion CARRIED 4-0. CONSENT AGENDA A. Authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray flights B. Renewal of Florida Department of Transportation Highway Maintenance Control C. Request to declare four City vehicles as surplus to be disposed of through advertised public sealed bid process Councilman Mitchum made a motion to approve the Consent Agenda, second by Councilman Hatfield. The motion CARRIED 4-0. OTHER BUSINESS A. Economic Development Board discussion and appointments (Continued from January 6, 1997. meeting) Councilman Hays thanked the members of the EDB that were present for attending. He believes the EDB can be a very important part of this community. He expressed concerns regarding the attendance record of the EDB. City Manager McMahon asked that Council take a second look at this Board. He feels the EDB could do a lot of good things. There are some development plans he would like to bring before Council in March and he wanted to bring the EDB in on it. Councilman Hays spoke about Roger Harnack and Councilman Hays' quote to disband the Economic Development Board. He was quoted as the distrains of the fate of the citizens Council Advisory Committee initiated by him in 1992. He explained if his comments and concerns about this board were taken obviously negative by many people, that wasn't the intent. Councilman Hays asked Mr. Harnack if he is going to quote Councilman Hays, to do him the courtesy of speaking to him face to face. Page -6- Council Regular Meeting February 3, 1997 ..... """ Richard Jones, 1530 Sabal Palm Drive, spoke on the absenteeism of the EDB. He feels the absences that are excusable should be so labeled as excused absences. He commented on flaws in the report that was in the newspapers. Mr. Jones commented on the brochure they are working on. He would like Council to provide seed money to get it started. He commented on their efforts to try to collect money from businesses in the area. He feels revising the by-laws will enhance the EDB's role. Changes are necessary to keep members and applicants interested in serving so they generate a proposed update to the by-laws to help that out. Mr. Jones briefly commented on some of the changes they would like to propose to their by-laws. Mr. Jones spoke about the Business Climate & Linkage study done by the EDB and the beautification of u.s. #1. Mr. Jones informed Council they have briefly spoken about the possibility of billboard signs on 1-95 and the possibility of getting on the web sites. Councilman Hays commented on the moneys donated by local businesses and asked how they are recognized. Mr. Jones stated they are going to put some kind of an entry toward the rear of the brochure which would identify the businesses that have made contributions. Councilman Hays feels that would be a real good advertising incentive for some people in the community that would do that. He would like to speak more about this with Mr. Jones. Mr. Jones would like for the Economic Development Board to be continued. Councilman Mitchum feels Mr. Jones presented some valid points. He commented on people that have missed three or more meetings. According to the chart Council got, there were only two board members left on the EDB, Gary Roberts and Richard Jones. Mr. Jones further elaborated on the absences. Councilman Mitchum stated we only have technically two members on the EDB right now. If we are going to continue with this, they need to be reappointed to that board. Mr. Jones suggested the other three members be reappointed to fill their existing terms. Councilman Mitchum made a motion to reappoint John Browning, Karl Gerwe, and Randolph Churchill, second by Councilman Hays. The motion CARRIED 4-0. Mr. Jones stated Mr. Moore is willing to submit his application. Councilman Hatfield stated at the next meeting if Mr. Moore has his application in they will deal with that at that time. Councilman Hatfield stated Mr. Tom Alcorn does have an application in and he moved to nominate him, second by Councilman Hays. The motion CARRIED 4-0. Mr. Jones asked if it would be possible for the City Clerk to accept the verbal permission of Mr. Moore to be appointed to the EDB. He was told they would wait until the next meeting. Councilman Hatfield stated now that they have a quorum, Council will look at what was presented to them, and this will have to be resubmitted to them with the quorum they now have. Page -7- Council Regular Meeting February 3, 1997 ....,., ...., City Attorney storey explained the Council currently has a resolution in effect. This change would need to be made by resolution of the Council. She offered her assistance on the language. She agreed to attend their next meeting the first Thursday of the month. Adelaide Carter, 1705 Dayton Street, stated she was glad the members were introduced. She stated she would like to submit her application for appointment to the EDB. Karl Gerwe, member, Economic Development Board, spoke on behalf of the EDB. He spoke on the reasons for his absences at the EDB meetings. B. Request by Porta Products to consider water impact fees paid on current project at 211 Dale Street due to existing contribution utilities Director Terry Wadsworth made a presentation regarding the request of Porta Products. Councilman Hatfield made a motion to approve this request, second by Councilman Hays. The motion CARRIED 4-0. Scott Porta, 211 Dale Street, invited council to come and see his place and thanked Council for the approval of his request. C. Request to purchase All Terrain Excavator from Menzi USA Sales, Inc. as the lowest bidder city Manager McMahon requested Council consider in approving this authorizing the City to use its insurance fund money that we can borrow from. Councilman Mitchum asked that in the case of an emergency the motion include the money be put back immediately from whatever source is available. Councilman Mitchum asked Mr. Fegley if he is proposing to buy additional equipment in the future. City Engineer Kyle Fegley explained the bid itself was inclusive of the attachments. city Attorney Storey informed Mr. Fegley he had some exceptions of deviations from the specifications. Council would need to specifically acknowledge those. Mr. Fegley explained those minor deviations are part of the agenda packet. They are listed in Attachment B. Councilman Hays made a motion to approve, second by Councilman Mitchum. The motion CARRIED 4-0. D. Request for donation to Project Graduation Councilman Mitchum made a motion to donate $500.00 to Project Graduation, second by Councilman Hays. The motion CARRIED 4-0. E. Appoint two members to Library Board due to expiration of terms of Lauretta Shafer and Jan Dudley. who do not wish reappointment Councilman Hays made a motion to appoint Marie Goodrich, second by Councilman Hatfield. The motion CARRIED 4-0. Councilman Mitchum made a motion to appoint JoAnne Sikes, second by Councilman Hatfield. The motion CARRIED 4-0. Page -8- Council Regular Meeting February 3, 1997 ...." .."", GENERAL CITIZEN COMMENTS/CORRESPONDENCE Richard Jones, 1530 Sabal Palm Drive, spoke about palm being removed by Halifax Paving. As he understands it Manager McMahon and City Engineer Fegley, the contract been let for those people to do anything in that area. like to see some corrective action taken to restore the trees from City has not He would swales. Paul Jenkins, willow Oak Drive, feels maybe there needs to be ten members on the Economic Development Board. There was a discussion regarding the reason for the Council not being able to attend the Board meetings. Mr. Jenkins further commented on the sign ordinance and looking at this again in six months. He feels the matter regarding the front footage should be discussed sooner. OFFICER REPORTS City Attorney storey informed Council of the Wharton Smith Agreement for the reclaimed water system. She informed Council of changes to the agreement. She asked that Council approve these changes and make it effective February 4th. Councilman Hatfield moved for approval, second by Councilman Mitchum. The motion CARRIED 4-0. city Attorney Storey stated she has provided Council with a memo that pertains to a motion for attorney's fees which was filed today in reference to the Keenan et al matter. City Attorney Storey commented on Council's request to contact Representative Kosmas in reference to the abandoned property statute. She informed Council Rep. Kosmas has passed Council's concerns on to the Chairman of the House of Real Property and Probate Committee. City Manager McMahon asked Council to make a motion to state a general policy and that is, wherein any of the department heads that are involved with associations that are going to introduce legislature in Tallahassee do so only with the endorsement of this City Council. We do pay the dues for professional associations and he feels they should have a say in what the legislature does. He feels these matters need to be discussed with Council. He asked Council to pass a motion to that effect for that policy. Councilman Hays so moved, second by Councilman Mitchum. The motion CARRIED 4-0. City Manager McMahon informed Council he is in the process of updating the organizational study. He has asked each department head to do an internal organization study. The effort here is to try and bring everything in conformance with the standards we want for job descriptions. He wants a field audit done on all the jobs. There may be some jobs or work functions that can be combined. He is looking at top management and what we have. In a year from now, he may want to look at combining Engineering and Public Works. They need to look at the jobs that are being done from a work standpoint so if there is any duplication in functions we could look at the number of people needed. City Manager McMahon is looking at dividing some of the things he does. He wants to spend more time with operations in the field. He is looking at possibly creating a new title, possibly as an Assistant City Manager. He is considering probably promoting someone from within and taking those functions and realigning them. Page -9- Council Regular Meeting February 3, 1997 "'- ...." City Manager McMahon solicited individual input from the Council. He asked Council to look at this. His target date is May. city Manager McMahon informed Council next month he would be coming before Council with a major development and impact on this City regarding a Golf Course. City Manager McMahon informed Council they would be getting an audit report in February. This community has 25% of its operating budget in reserve unappropriated. That is 90 days cash on hand. City Manager McMahon briefly mentioned the resurfacing of Roberts Road. He believes that 16th and 22nd streets will be done too. ADJOURNMENT: There being no further business to discuss, councilman Hatfield made a motion to adjourn. The meeting adjourned at 9:45 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting February 3, 1997