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01-06-1997 - Regular . -.,. ....", CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 6, 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 Arrived at 7:36 p.m. Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Campagnone, retired Roman Catholic Minister. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: A. Regular Meeting of December 16/ 1996 Councilwoman Martin made a motion to approve the December 16, 1996 minutes, second by Councilman Hatfield. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than pUblic hearings) John Moore, 2354 Fern Palm Drive, agrees with Councilman Hays regarding the Port Authority to an extent. He commented on there being no port in Edgewater and needing to preserve the inlet. He feels they need to do what they can to protect the waterway. Councilman Hays stated when this comes up, he would like to make more comments. CITY COUNCIL REPORTS Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Hatfield had nothing at this time. Mayor Hayman had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Res. 96-R-27 and 96-R-28 regarding abandonment of rights-of-way on portion of Guava Drive and portion of 16th Street (Continued from 10/21/96 and 11/18/96) Mayor Hayman asked about Rodney Jones requesting the hearing not be continued and that he would get back to the City. Mr. Karet confirmed this. '-" .."., Councilman Hays asked about this being advertised as a public hearing. City Attorney storey explained it was continued so Council would need to take some action on this tonight. Mayor Hayman opened the public hearing. Due to there being no comments, Mayor Hayman closed the public hearing. Councilman Hays spoke about site plan not being presented by Mr. Jones. Community Development Director Mark Karet informed Councilman Hays the site plan has not been presented but Mr. Jones is still interested in pursuing this. Councilman Hays made a motion to deny Res. 96-R-27, second by Councilman Hatfield. The motion CARRIED 4-0. Councilman Hatfield made a motion to deny Res. 96-R-28, second by Councilwoman Martin. The motion CARRIED 4-0. B. First readin9 Ord. 97-0-01 Clarifyin9, restatin9 and adoptin9 City of Edgewater, Florida Police Retirement Plan Mayor Hayman read Ord. 97-0-01. City Attorney storey explained the purpose of this ordinance is an administrative mechanism to come into complete compliance with the requirements of the Division of Retirement. She stated the city has not previously adopted a police pension plan by ordinance. She spoke about this being an effort by the Board of Trustees. The goal is to submit this to the state to clean up some hanging housekeeping and administrative issues and go forward from there. Councilman Hatfield questioned who City Attorney Storey was referring to as Board of Trustees. She informed him she was referring to the Police Pension Board Board of Trustees. He questioned if they have reviewed this? city Attorney Storey explained there are no changes proposed in this document to the benefits. Mayor Hayman questioned the benefits described in this document being what we currently have in our contractual agreement with the Union itself. City Attorney storey informed him that is correct. Councilman Hatfield would like this to be reviewed by the Police Pension Board. He would like there advice and input on this. City Attorney Storey explained for Council that this document has been in existence so the Pension Board has seen this document before. The only changes to this document are from a section in the Statute that sets forward the role of the Board of Trustees. There was some discussion regarding Article 8 - Administration of Plan, section 8.01 - Board of Trustees. City Attorney Storey stated that is the only item that has changed in the document that has been in existence basically since 1989. City Manager McMahon explained retirement benefits are negotiable at the time of negotiations. Mayor Hayman commented on Paragraph A on Page 44. He feels the responsibility of the Board of Trustees is to administer the plan. Page -2- Council Regular Meeting January 6, 1997 ..... 'WI Mayor Hayman appreciates the interest and need for input from our colleagues that make up the Board. He suggested encouraging them at the second Public Hearing to formally say yes or no and present any comments. Councilman Hatfield strongly suggested the Board meet and review this with the Attorney. City Attorney storey explained this is a statutory requirement that applies to what they have already been doing. It is trying to put everything into one document. She elaborated on the term "Administration of the Plan." This document sets forth the benefits and statutory requirements which includes language that Principal Mutual requires in order to give them guidance and direction for implementing the plan. It also complies with federal law. City Manager McMahon explained it formalizes by ordinance what has been done for a number of years. Councilman Hays made a motion to approve Ord. 97-0-01, second by Councilwoman Martin. The motion CARRIED 4-0. C. Res. 96-R-30 Requesting u.s. Army Corps of Engineers provide funds and complete emergency work at North Jetty, Ponce DeLeon Inlet (Tabled 12/16/96) D. Res. 96-R-31 Requesting u.s. Congress authorize restabilization project at North Jetty, Ponce DeLeon Inlet, and appropriate funding for Federal share (Tabled 12/16/96) E. Res. 96-R-32 Requesting financial assistance from State of Florida through its Inlet Management Grant Program to fund 50% of Port Authority share for North Jetty, Ponce DeLeon Inlet restabilization (Tabled 12/16/96) Councilman Hays took Res. 96-R-30, 96-R-31 and 96-R-32 off the table. Councilwoman Martin agreed. Mayor Hayman read Res. 96-R-30, 96-R-31 and 96-R-32. Councilman Hays expressed his concerns regarding the Ponce DeLeon Inlet and the Port Authority. He feels they need to be very careful in the planning of the Intracoastal Waterway. The greatest resource the City of Edgewater has is right in front of City Hall. We have to be careful what we ship in and out of here. Councilman Hays feels they need to ask themselves what the City is getting for its money and is the city of Edgewater getting a return for its investment in the Port Authority. He feels they do need to move forward with this project. Councilman Hays made a motion to approve Res. 96-R-30, second by Councilwoman Martin. The motion CARRIED 5-0. Councilman Hatfield made a motion to approve Res. 96-R-31, second by Councilwoman Martin. The motion CARRIED 5-0. Councilman Hays stated he still is not clear on this resolution as to whether or not the State of Florida denies money on this if the Port Authority intends to go with the 100% expenditure. Mayor Hayman elaborated on what he feels the alternatives might be. Councilman Hays made a motion to approve Res. 96-R-32, second by Councilwoman Martin. The motion CARRIED 5-0. Page -3- Council Regular Meeting January 6, 1997 'llW' ...., CONSENT AGENDA There were no items to be discussed on the Consent Agenda. OTHER BUSINESS A. Discussion of Economic Development Board and appointment of two members due to resignations of Philip Fong and William Fair Councilman Hays wished Mr. Fong was present. He commented on the overall attendance over the past year of the Economic Development Board. He feels maybe they are getting a message that they need not continue this board. He spoke about the Volusia County Business Development corporation being very helpful with economic issues. He feels maybe it is time to put this board to rest. Mayor HaYman commented on the Economic Development Board by-laws and the absences of some of the members of the board. He commented on the EDB having a budget and having to meet within the Sunshine Law. City Manager McMahon explained there is an outstanding obligation to the company the EDB was working with in the amount of approximately $3,800. The City will have to meet that commitment. He further commented on the EDB expenses. Mayor HaYman spoke about having personal knowledge of the negotiations that took place with the Florida Inland Navigation District. He feels that we should have responsible people that recognize their obligation to the City to meet the required amount of times. He spoke about instances where there is an unforseen calamity and a leave of absence may be needed. He doesn't see anything to that effect in the by-laws but maybe the board could come before Council on behalf of the individual or the individual could come before Council. Councilwoman Martin feels this matter should be discussed at the next meeting and try to get more applications. She suggested contacting present members to see if they are interested in continuing. Councilman Hatfield feels getting rid of the EDB is something he would like to discuss over a period of time. He feels maybe we should be joining forces with the VCBDC. He would like to see Mr. Moore submit an application and be put on the EDB. He would also like to see Mr. Alcorn placed on the EDB. Councilman Hatfield made a motion to appoint Thomas Alcorn and wait until the next meeting to appoint a second member. Councilman Hays feels that before they start putting people on the board, they need to be sure of what direction they want the board to go. He would like some input from the EDB. Councilman Hatfield suggested having a workshop before the next meeting. Councilman Hays suggested contacting the people that are on the EDB and ask them to make an effort to let us know if they want to continue. Councilwoman Martin feels they should be sure they have a board before appointing new members. Councilman Mitchum agreed with putting this off until the next meeting to make sure they have a board and invite the EDB. Councilman Mitchum questioned the members with excessive absences automatically being taken off the board. Page -4- Council Regular Meeting January 6, 1997 .... ..." At the present time, Mr. Roberts is the only active member. Councilman Hatfield commented on Mr. Jones still being interested in serving. Councilman Hays feels they need to find out one way or the other the interest in serving on this board and deal with it. City Manager McMahon urged that the members be contacted who have shown an active interest during the past year. Mayor Hayman spoke about people who may be interested in serving that have not submitted an application. city Manager McMahon feels the community needs an economic advocacy board consisting of people that are directly interested in the economic well being. Councilman Hays feels the EDB is an important board but we may not have the board if it is impotent. Mayor Hayman clarified that the consensus of the Council is to ask the active members to please come before Council at the next meeting and to address how the issue of economic development should be handled. B. Canceling or rescheduling meeting of Monday, February 20, 1997, due to Presidents Day holiday Councilman Hays made a motion to cancel the February 20, 1997 meeting, second by Councilwoman Martin. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Judith Lichter, 826 Navigators Way, presented comments regarding the Economic Development Board. She feels a Councilmember should be a liaison to the EDB so problems don't become too big and can be taken care of immediately. She went on to speak about absenteeism for boards. John Moore, 2354 Fern Palm Drive, explained he was here to present a plaque to the EDB for joining the Edgewater Business Association. He feels it would be a great disservice to Mr. Fong for the time and effort he put in if the board is abandoned and the projects that are going on right now are not followed through. He would like to see a workshop or the members of the board at a meeting to see if they are interested in staying on the EDB. Tom Alcorn, 855 Ladyfish Avenue, Bethune Beach, commented on the boards he currently serves on. He presented suggestions to the Council to help with economic development in Edgewater. Dominick Fazzone, 302 Paradise Lane, presented reasons why he feels the Council should not do away with the Economic Development Board. He went on to speak about absenteeism and by- laws of the EDB. He urged Council to take serious consideration about doing away with the EDB. Steve Dennis, Southeast Volusia Chamber of Commerce, commented on the board members being volunteers. If the Council feels it is necessary to dissolve the EDB, the Chamber meets on a monthly basis where there are a lot of active people in economic development. If people are willing to participate but there are not enough people to have a board, they would love to have them in their organization. He informed Council the Chamber will continue to be a resource for the City. Page -5- Council Regular Meeting January 6, 1997 'w'. ...., Sandy Jones, 1520 Travelers Palm Drive, President, Southeast Volusia Chamber, informed Council the Chairman of the EDB is invited to their monthly meetings. We have always worked hand in hand with any projects going on. She stated they are more than happy to help with any assistance needed while a decision is made on what Council wants to do. OFFICER REPORTS City Manager McMahon had nothing at this time. city Attorney Storey satisfaction of Unsafe Building Lien City Attorney Storey asked Council to authorize Mayor Hayman to execute a satisfaction lien in reference to the unsafe building the City demolished at 1707 S. Ridgewood Ave. in the amount of $2,499.50. Councilman Mitchum moved for approval, second by Councilman Hatfield. The motion CARRIED 5-0. City Clerk Wadsworth had nothing at this time. ADJOURNMENT: There being no further business to discuss, Councilman Hatfield made a motion to adjourn. The meeting adjourned at 8:24 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting January 6, 1997