Loading...
10-04-1993 - Regular ., ..."" CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 4, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Jack Hayman called the regular meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Kirk Jones 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 Arrived 7:01 p.m. Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Dr. Lawrence Tee gave the invocation. There was a pledge of allegiance to the Flag. Presentation of Appreciation PlaqUe/Acknowledgement of certificatioll A. Presentation to Reverend Dr. Lawrence E. Tee who is resiqninq as Police Department Chaplain Mayor Hayman presented a plaque to Reverend Dr. Lawrence Tee. He expressed his appreciation for his serving as Chaplain for the City for six years. Lawrence E. Tee, 114 W. Ocean Avenue, expressed his appreciation to the City. He spoke highly of the Police and Fire Departments. B. Acknowledqement of Membership of Mark P. Karet in American Institute of certified Planners Mayor Hayman congratulated Mr. Karet for his becoming a member in the American Institute of certified Planners. APPROVAL OF MINUTES A. Special Meetinq of September 13. 1993 Councilwoman Martin made a motion to approve the minutes of September 13, 1993, seconded by Councilman Jones. The motion CARRIED 5-0. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, asked Council to consider tabling the firing of Mr. Hellsten of the LDRA. She feels Council, Staff and boards have been at odds since this council was sworn in. She told Council they were sworn to uphold the laws and codes. She told Council if they don't like the laws, change them. She stated they have had nothing but trouble from the beginning with the LDRA board. She feels the LDRA deserves better than they are getting. ---- ..", Gail Wells, 2503 Woodland Drive, spoke of her station going in at her corner with a 6' high wire and reflectors around it. She presented of pump stations in local towns in the area. these fences are necessary. concerns of a pump fence of barbed pictures to council She doesn't feel Mayor Hayman asked for permission to continue discussion on this as Item 6D under New Business. Malcolm Heffley, 325 Schooner Ave., feels Council needs to meet with the citizens. He spoke of Councilman Mitchum being strong four years ago about variances. He feels Council is attacking the LDRA chairman. He spoke about everyone needing to follow the same rules. He spoke of the firing of Mr. Hellsten. He feels Council needs to work to make a better City. Councilman Hays spoke of his appointment of Mr. Hellsten during March of last year. He spoke about this not being a department head position. Galen McClain, 3119 Queen Palm Drive, spoke about the Fire Department washing the fire trucks on the pavement. city Manager McMahon explained the Fire Department is exempt from this resolution. Mr. McClain spoke of a city employee taking his children to school in a city vehicle. City Manager McMahon stated this was looked into and it is no longer occurring. Mr. McClain spoke of the citizens Council Advisory Committee being dissolved due to comments made by members of the Committee and incidents that happened to George Ewing, Jeanne DelNigro and Mr. Hellsten. He asked Council to follow the same rules as everyone else. Frank Morris, 1814 Evergreen Drive, gave a rebuttal to comments made at the last meeting. He presented Council with a letter. He spoke about the new grass height limit he feels would be ludicrous to lower to 12". Cliff Clark, 1818 Evergreen Drive, spoke on behalf of the LDRA and Mr. Hellsten. He feels it is hard to find people who will serve on boards. CONSENT AGENDA There were items to be discussed on the consent agenda at this time. NEW BUSINESS A. Larrv Nve. Economic Development Resources. re: economic planninq process Larry Nye, Economic Development Resources, gave a presentation on what his organization does. He spoke about economic development and the community readiness program. Mayor Hayman spoke about the recent meeting of the Southeast Volusia Visions. Mayor Hayman stated he's not prepared at this time to get involved with Mr. Nye's company until we get feedback from Stetson University and the Regional Division. Mr. Nye explained the advantages the City would benefit from are the fact that DER has had an ongoing working relationship with the Volusia County Business Development Corporation for the past year. Page -2- Council Regular Meeting October 4, 1993 ... ...", Joe Martin, Chairman of Industrial Development Board, gave information on some responses he received from members of the Industrial Board, in reference to letters from Mr. Nye and City Manager McMahon. Mr. Martin feels the lOB should work with stetson, DBCC and the Chamber to design a business survey for Southeast Volusia County. He recommended Council revisit the lOB report. He stated he felt he could say the lOB, even though it had not been voted on, would not support the spending of $3,200 for this project right now. B. Public Works Director's request to purchase one GMC Topkick Refuse Truck from General GMC Truck Sales at $51,300 City Manager McMahon spoke on the need for this request. He stated if we settle on the bid, we can get a third truck also at that price. Public Works Director Hugh Williams spoke about this refuse truck and if they purchased the truck now, the bid would be a firm price until the 1994's came out, which is the first of November. He also informed Council by purchasing this now, it will also eliminate the necessity of having more pollution control put on the truck. Mayor Hayman asked Mr. Williams to give him a more detailed description of the program by starting with what we have now and what we will end up with, which Mr. Williams did at this time. There was further discussion on this matter. City Manager McMahon recommended going back out for bid to get the pollution control if they were going to consider purchasing it at $850.00. Councilwoman Martin made a motion to accept the bid of $51,300, seconded by Councilman Mitchum. Mr. Williams informed Councilman Mitchum the money would be coming from a $.50 surcharge on each bill that generates an equipment replacement fund. The first two trucks would not be delivered until February and the third would be delivered a month later. The motion CARRIED 5-0. C. Change to base contract of S & E Contractors, Inc. for Phase IV of Florida Shores CIP for water line improvements from Additive Alternate "A" to Chanqe Order Number One (water line costs are not loan eligible) City Engineer Kyle Fegley gave a presentation on this matter. He informed Council $36,300 would be coming out of the Enterprise fund. Councilman Mitchum made a motion to approve this request, seconded by Councilman Hays. The motion CARRIED 5-0. D. Lift Station Gail Wells, 2503 Woodland Drive, again spoke in regards to the fences around the pump station. City Engineer Kyle Fegley gave her the reason for the fence around the pump station. He explained to her this fence will allow us to place equipment at these locations. He also spoke in regards to safety and children not being able to get near them. Page -3- Council Regular Meeting October 4, 1993 ... """" Councilman Hays feels these should be landscaped. Mr. Fegley stated he would do some investigating to see if these fences are a requirement. It was announced Mr. Fegley's wife had a baby boy. Councilman Mitchum feels if these fences are a requirement, they should be required everywhere and not just in Florida Shores. Mayor Hayman asked for a report back at the next meeting on this matter. Mrs. Wells stated she appreciates what the Council is doing and she feels like Florida Shores is being discriminated against. There was continued discussion on this matter. Herbert Bacheller, 2432 Woodland Drive, stated he has spoken to Councilman Hays about his property being lowered in value because of this fence. He stated he would appreciate something else being put there in front of a fence. He questioned what authority the City has to close the roads. City Attorney Storey explained these are public rights-of-way. There is no documentation that they need to be maintained as roadways. She stated the City has the right to utilize them in this manner. ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS FIRST READING: A. Res. 93-R-22 city's participation in Florida City Government Week October 3-9, 1993 Mayor Hayman read Res. 93-R-22 and stated the city Clerk requested this be adopted. City Clerk Susan Wadsworth made a presentation at this time. Councilman Jones made a motion to approve Res. 93-R-22, seconded by Councilman Hays. The motion CARRIED 5-0. B. Res. 93-R-23 Support for establishment and on-qoinq fundinq by State Leqislature of Sinkhole Research Resource Mayor Hayman read Res. 93-R-23. Councilman Mitchum made a motion to approve Res. 93-R-23, seconded by Councilwoman Martin. The motion CARRIED 5-0. The meeting was recessed at 8:18 p.m. The meeting reconvened at 8:24 p.m. SECOND READING: (PUBLIC HEARING) C. Appeal by David Echols, 708 South Riverside Drive, of Land Development & Requlatory decision re: variance to construct swimminq pool (Rescheduled from 9/7/93 meetinq) Community Development Director Mark Karet gave a presentation on this variance. He explained the situation and the problems with this request. He went over the criteria and the staff report. David Echols, 708 South Riverside Drive, presented his side of the case. He feels if he would have bought his house he could have had a pool but since he built it, he cannot have a pool according to the variance committee. Page -4- Council Regular Meeting October 4, 1993 ~ ...." city Attorney storey elaborated on this matter. Mr. Echols feels common sense should prevail in this situation because if he were to sell his house, the new owner could build a pool. Councilman Hays spoke about his concern with the five foot separation between the pool and the residence. Mr. Karet answered questions of Council. Councilman Hays made a motion to approve this request for variance, seconded by Councilman Jones. Councilman Mitchum agreed with Mr. Echols as far as if he sold his house, the new owner could have a pool put in. He feels he has a right to this being that his house was built seven years ago. The motion CARRIED 5-0. UNFINISHED BUSINESS: A. Recommendation to award contract for curbside residential recyclinq to Southard Enterprises, Inc. after re-biddinq and authorization for Mayor to execute aqreement if bid is awarded Duke Southard, Southard Enterprises, Inc., spoke about possible commercial recycling. City Manager McMahon recommended putting together a special package and put it out for bid and if Southard Enterprises, Inc. is the successful bidder, we could incorporate that into the contract. Councilman Mitchum made a motion to approve this recommendation, seconded by Councilman Hays. The motion CARRIED 5-0. B. Discussion re: Land Development and Requlatory Aqency Mayor Hayman spoke about a memo dated September 29, 1993 from Mr. McMahon to the Council establishing the request to discuss the events of the Land Development and Regulatory Agency meeting of September 22, 1993. Mayor Hayman stated the subject is the request for removal of the Chairman, Peter Hellsten and he asked if Mr. Hellsten was present. Mr. Hellsten was not present at the meeting. Councilwoman Martin suggested rescheduling this discussion for another time. Councilman Hays addressed the issue of what was said by Mr. Hellsten and his feelings on this matter. He suggested scheduling a meeting with the Land Development and Regulatory Agency when it is convenient for Council. Councilman Mitchum agreed with Councilman Hays. He does not believe it is the job of the LDRA to question or discuss an action that has been taken by Council through the process. He has a problem with being second guessed. Councilwoman Martin feels this was done from frustration due to the work being done by the LDRA and overturned by Council. She feels Council should operate the same as the boards. Page -5- Council Regular Meeting October 4, 1993 ,.., ...., Councilman Jones agrees with Councilman Hays and Councilman Mitchum. He stated once the LDRA made their decision, their show is over. He stated they have done their job and he appreciates what they have done but for them to get involved with Council's decision process isn't helping the case one bit. Mayor Hayman spoke on ethics. He feels Mr. Hellsten meant what he said and he chose not to come tonight for personal reasons. Councilman Hays questioned if it would be deemed improper for him to remove Mr. Hellsten without his presence. City Attorney storey elaborated on this for him. Again, Councilman Hays suggested a meeting with the LDRA. Councilman Hays made a motion to remove Mr. Pete Hellsten, seconded by Councilman Mitchum. The motion CARRIED 4-1. Councilwoman Martin voted NO. Dominick Fazzone, Vice Chairman of LDRA, stated he is very sad that this has come to pass. Mr. Fazzone listed items the LDRA would like to discuss with Council. Council decided they would meet with the LDRA on October 13, 1993 at 7:00 p.m. if the LDRA was available. Mr. Karet stated if this would be a problem, he would get in touch with the City Manager's secretary. COUNCIL/OFFICERS REPORTS City Attornev City Attorney storey stated as of 4:30 p.m. today, all three of the bargaining units have ratified the agreements. She then listed the results of the bargaining units. City Manager McMahon stated all of the unions are receiving the same essential benefits. Councilman Jones made a motion to accept the PEA agreement, seconded by Councilman Mitchum. The motion CARRIED 5-0. Councilwoman Martin made a motion to accept the SPEA agreement, seconded by Councilman Jones. The motion CARRIED 5-0. Councilman Hays made a motion to accept the PBA agreement, seconded by Councilman Mitchum. The motion CARRIED 5-0. city Manaqer City Manager McMahon complimented City Attorney Storey and her staff for the work they have been doing. City Manager McMahon asked Council to join with him and show an interest for the introduction of the FCC 1993 Cablevision Act. He spoke about the main purpose of this act. City Manager McMahon explained to Council what they need to do to get certified by the FCC. City Manager McMahon continued to speak about this act and being certified. He informed Council he would continue on with the process and keep them informed. Councilman Hays spoke about cities taking cable television inside of their City limits and turning it into an enterprise fund. He feels this is something to seriously look at. City Manager McMahon informed Council he would continue with this. Page -6- Council Regular Meeting October 4, 1993 .... ."",. city Council Councilman Hays Councilman Hays spoke about the proposal to combine the four hospital taxing districts. He would like everyone to look at this closely as to the kind of impact it would have on us as a community. He stated what the task force is presenting to the County is self-serving. He stated he does not support this because it is not in the best interest of the citizens. Councilman Mitchum Councilman Mitchum agreed with Councilman Hays. Mavor Havman Mayor Hayman thanked the city Manager, City Attorney and staff for the long hard hours they put into negotiations. City Manager McMahon stated the PBA were difficult to deal with during the last negotiation cycle. Again, they were difficult to deal with during this cycle. He is convinced their interests were for protecting the labor interests of their people and they were leaders for accepting this. He complimented them. Councilman Jones Councilman Jones asked if he had gotten any correspondence from New Smyrna Beach on the vegetation and trees that block the view by the bridge at the North end of 10th street. City Manager McMahon informed Councilman Jones our people are going to cut this. Councilman Jones stated it is New Smyrna's responsibility and they should take care of it. City Manager McMahon stated he would get in touch with New Smyrna. Councilwoman Martin Councilwoman Martin had nothing at this time. Questions from Press There were no questions from press. CITIZEN COMMENTS Mary Martin, property owner in Edgewater, spoke about articles relating to the regional Library and she asked if we were pursuing any comments or letters or working with the Library in our behalf. She stated we need to make sure we are being heard because most of what she was seeing in the paper was in regards to New Smyrna. Mayor Hayman spoke about the location being at the Community College. He informed Mrs. Martin he would speak with the Edgewater Library. Mrs. Martin spoke about the variance the Council granted earlier that night. She feels a need to address the matter of an existing house being allowed to get a swimming pool otherwise they can come for a variance. Councilman Mitchum stated he felt Mr. Echols meets the criteria. He stated he cannot be held accountable for something that happened seven years ago. Page -7- .." .., council Regular Meeting October 4, 1993 Clifford Clark, 1818 Evergreen Drive, commented on the letter that was passed out by Frank Morris. Councilman Mitchum feels he is getting Council involved in something personal between Mr. Clark and Mr. Morris. He stated he will not be dragged into anything. Mayor Hayman informed Mr. Clark it was not necessary to talk about the letter. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, seconded by Councilwoman Martin. The meeting adjourned at 9:45 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting October 4, 1993