01-06-1997 - Regular
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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.
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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.
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Council Regular Meeting
January 6, 1997
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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.
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Council Regular Meeting
January 6, 1997
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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.
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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.
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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
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January 6, 1997