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07-19-1993 - Regular '-' ....,., CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 19, 1993 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 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 Present Present Present Present Mayor Hayman spoke about the new 1993 Miss Edgewater Meredith Debry. INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Harvey Hardin, retired minister of Edgewater United Methodist Church. There was a pledge of allegiance to the Flag. Miss Edgewater 1993, Meredith Debry, introduced herself to Council and thanked everyone for their support. Councilman Mitchum stated she would be representing us in the Miss Florida Teen Pageant. Presentation of Plaque of Appreciation to Dominick Fazzone Mayor Hayman made a presentation to Dominick Fazzone. Mr. Fazzone thanked Council for the plaque. Mayor Hayman stated Items 6A, 6B, and 6C had been withdrawn by request of the individuals concerned. APPROVAL OF MINUTES Special Meetinq of June 5, 1993 Councilman Jones made a motion to approve the June 5, 1993 minutes, seconded by Councilwoman Martin. The motion CARRIED 4- 1. Councilman Hays was excused from this meeting. Reqular Meetinq of June 7, 1993 Councilwoman Martin made a motion to approve the June 7, 1993 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. special Meetinq of June 14, 1993 Councilwoman Martin made a motion to approve the June 14, 1993 minutes, seconded by Councilman Hays. The motion CARRIED 4-1. Councilman Jones was excused from this meeting. Reqular Meetinq of June 21, 1993 Councilman Hays made a motion to approve the June 21, 1993 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. ..... ,...., CITIZEN COMMENTS Art Wheeler, 211 Meadowlake Drive, thanked Council for their help on the problems in Meadow Lake Subdivision. Robert Pogg, 2925 Yule Tree Drive, spoke about watering the streets. He stated he has not seen a truck watering the streets in Florida Shores in the past three weeks. Mr. pogg expressed his concerns about the proposed $2.00 increase for taxes. He stated people are not going to stand for it because they can't afford it. Harry Jones, 3035 Tamarind Drive, spoke about the sewer system. He explained there are people who can not afford to pay the expenses coming up. Mr. Jones then spoke about the cost of living allowance that is prepared and allegedly given to the people on Social Security being taken away. Mr. Jones then spoke about the budget. He recommended the City keep in mind the increasing taxes. He suggested the City step back and take a look at each departments budget. Mr. Jones then spoke about a tax proposed by City Manager McMahon to pave the streets. He stated he would like to see paved streets but people can not afford it. Ferd Heeb, 115 N. Riverside Drive, feels it is unfair for everyone in the city to pay for paving the streets. He stated people who live on pave streets have already paid for them. John Atwell, Cedar Dunes Drive in New Smyrna Beach, expressed his concern about not being notified of the withdrawl of Perry Barrett's request. City Manager McMahon stated this request was received late Monday afternoon. Ken Poole, 2025 Mango Tree Drive, spoke about how many miles of unpaved streets there are in Edgewater and the cost of paving these miles. His feelings are to pave all of the roads now to avoid higher prices later. CONSENT AGENDA A. Adiustments in Stormwater Manaqement/Maintenance fund of $172,751.52 to reduce interest costs B. satisfaction of pavinq Lien C. Renewal Aqreement with American paqing for the Police Department Paqers Mayor Hayman read the consent agenda. Per Councilman Hays' request, Mayor Hayman explained Item A. Councilwoman Martin made a motion to approve the consent agenda, seconded by Councilman Hays. The motion CARRIED 5-0. NEW BUSINESS A. Mr. Frank Metz Re: Charqinq propertv owners for utilities services rendered to occupants of rental property This item was withdrawn. B. Attornev Nikki Clayton representinq Associates of Meadow Lake, Inc., ponderosa Homes, Inc., and Perry Barrett This item was withdrawn. Page -2- Council Regular Meeting July 19, 1993 ... ...., C. Richard & Cheryl Stonecipher's request to have outside band at Earthquake Maqoons Bar on Auqust 29 and October 31. 1993. for charity events This item was withdrawn. D. Chanqe Order No. 4 for Florida Shores Phase I infrastructure improvements proiect. increasing contract by $23.389.79 utilities Director Terry Wadsworth briefed Council on the reasons for the increase in the contract price. There was a discussion session between Councilman Mitchum, City Manager McMahon, and Mr. Wadsworth. Councilman Hays moved for approval, seconded by Councilwoman Martin. The motion CARRIED 4-1. Councilman Mitchum voted NO. E. Fire/Rescue Chief's request to purchase hearinq protection/intercom/radio systems for Enqines 1 and 2 from Communications Service Company for $3.954.20 Fire Chief Bill Vola briefed Council on cab enclosures. He explained the company we did business with before is no longer in business. Councilman Jones expressed his feelings on this matter. Councilman Jones moved for approval, seconded by Councilman Hays. The motion CARRIED 5-0. F. Public Works Director's reauest to purchase reinforced pipe for 18th Street Canal stormwater proiect for $61.908.00 usinq County bid city Manager McMahon briefed Council on this matter. Councilwoman Martin made a motion to approve this request, seconded by Councilman Hays. The motion CARRIED 5-0. G. Appointina one member to General Employees Pension Board due to expiration of term of Reverend Harvey Hardin Reverend Harvey Hardin did not have a problem with being reappointed. Councilman Hays moved to reappoint Reverend Harvey Hardin, seconded by Councilman Jones. The motion CARRIED 5-0. H. Financina a Road Improvement Proqram City Manager McMahon explained it is important to look at the real cost and what this translates into. Community Development Director Mark Karet explained the process and priorities should Council consider going ahead with the road improvement program. There was discussion on the figures Mr. Karet gave and what is included for a good road. This includes the base of the road, stormwater drainage, the subsurface of the road and the surface of the road. Mr. Karet continued his explanation of the road improvement program. There was discussion on the paving of Hibiscus and Guava Drive. Page -3- Council Regular Meeting July 19, 1993 'W ..., Bob Fritz, 2939 pine Tree Drive, asked if he refused to pay his share of the paving what would the City do. Mr. Karet explained this process for him. Mickey Fritz, 2939 pine Tree Drive, spoke about unpaved roads in Florida Shores. She asked why the people who live on paved roads have to pay for this. city Manager McMahon and Councilman Mitchum explained this for her. Millie Brown, 2613 Royal Palm Drive, stated Royal Palm was paved when she brought her property. She questioned if she would be assessed for the paving of Royal Palm again when it is torn up. Mr. Karet told her no. Jill Cedar, 2304 pine Tree Drive, questioned how the City got the cost for paving. Mr. Karet gave explanation on how the City Engineer came up with these figures. Casper Mannone, 2729 Kumquat Drive, spoke about the cost for paving pine Tree Drive asked why we sold the equipment the City used to pave the roads and why can't we buy the equipment back and do this ourselves. City Manager McMahon explained this for him. Mr. Mannone then questioned the cost which City Manager McMahon also explained for him. Robert Pogg, 2925 Yule Tree Drive, spoke about trained personnel to pave the streets. Mr. pogg then expressed his concern about hiring the same people to pave the streets that put in the sewer lines. Councilman Mitchum stated he is ready to present this as a budget item for discussion. City Manager McMahon explained the only thing Council would be asked to approve tonight is the maximum tentative millage. Council recessed at 8:35 p.m. and reconvened at 8:40 p.m. City Manager McMahon explained without exclusion all of the properties that have been annexed into the City are included in the paving program. City Manager then spoke about the tax base and a balanced budget. city Manager McMahon explained the Council's action tonight is purely to set under state law the maximum tentative millage. He stated if they take that action tonight they could decrease it but not increase it without sending a tax notice out to every individual property owner. He recommended Council set the maximum millage rate at 6.6. City Manager McMahon then spoke about the public safety budget. City Manager McMahon explained all of tax money is dedicated to maintaining roads. He believes a tax increase is needed this year. Mayor Hayman explained they skipped over Item I but would go back to it. Councilman Hays moved for approval of the tentative 6.6 millage rate increase, seconded by Councilman Mitchum. There was further discussion on the tentative 6.6 millage rate increase and what is included in this increase. Page -4- Council Regular Meeting July 19, 1993 ~ ~ There was then discussion on positions that are currently vacant that are budgeted for but are going to be taken out of the budget. The motion CARRIED 5-0. I. Request to set date for joint workshop with Land Development and Requlatory Aqency It was decided Council would set this up after the budget. Councilman Hays stated he would like to know how much time the LDRA needs. Mayor Hayman asked Mr. Karet to notify the LDRA and explain to them Council would like to do it on a schedule that follows the budget. J. Council approval of FY 1993/94 tentative millaqe rate as required by state statutes This item was discussed under Item H. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 93-0-11 Establishinq Sewer System Capital Improvement Account as required by DER Mayor Hayman explained Mr. Wadsworth submitted the staff action. Mayor Hayman explained staff action. Mayor Hayman read Ord. 93-0-11. Councilwoman Martin made a motion to approve Ord. 93-0-11, seconded by Councilman Jones. The motion CARRIED 5-0. B. Ord. 93-0-12 Substitutinq city Manaqer and Finance Director for city Clerk/Administrator and Insurance Aqent of Record on Self-Insurance Committee city Manager McMahon explained this matter for Council. Mayor Hayman read Ord. 93-0-12. Councilman Mitchum made a motion to approve Ord. 93-0-12, seconded by Councilman Hays. The motion CARRIED 5-0. C. Ord. 93-0-13 providinq for Mileaqe Reimbursement for use of Private Vehicles for official City travel at rate authorized by Internal Revenue Service Mayor Hayman explained we now get $.21 per mile but the Internal Revenue Service has authorized $.285 per mile. City Manager McMahon explained it should be $.28 per mile. city Attorney Storey gave a report on this matter. She explained this should include the per diem rates for meals which she can add for next reading. Councilwoman Martin made a motion to approve Ord. 93-0-13 as amended, seconded by Councilman Hays. Mayor Hayman read Ord. 93-0-13. The motion CARRIED 5-0. D. Res. 93-R-14 Amendinq Res. 93-R-10 reqardinq water and sewer revenue refundinq bonds Page -5- Council Regular Meeting July 19, 1993 '-" .."", City Manager McMahon explained this is a requirement by our insurance agent for the bonds. Finance Director Fred Munoz gave a presentation at this time. Mayor Hayman read Res. 93-R-14. Councilman Jones made a motion to adopt Res. 93-R-14, seconded by Councilwoman Martin. The motion CARRIED 5-0. E. Res. 93-R-15 Abandoninq the Unopened Portion of Thomas Avenue in re: to Riverwalk proiect City Attorney storey made a presentation on Res. 93-R-15, Res. 93-R-16, and Res. 93-R-17 due to them all being related. She stated staff is recommending approval of each of these resolutions which would need to be done separately by Council. Mayor Hayman expressed his concerns about walkways. Mr. Karet clarified this matter for him. There was continued discussion about raised walkways. Mr. Karet explained to Mr. Hayman language can be included in the agreement about a raised walkway that will not obstruct the view of the river from the path area. There was still more discussion on raised walkways. Council asked to change paragraph five to be 18" above grade level. City Attorney Storey questioned side set backs. Mr. Karet stated these are not considered structures. City Attorney Storey stated Captain Hawthorne raised a question about maintaining some type of set back on the walkways to benefit or protect an adjoining property owners. Mr. Karet stated they have a requirement now that driveways be five feet off an adjoining property owners property. He would recommend five or three feet but nothing smaller. City Attorney Storey stated Captain Hawthorne is asking to have the walkway stopped five feet from the adjoining property. Captain Jeffrey Hawthorne, son-in-law of Mr. and Mrs. Davisworth, presented his case to Council. Council decided a five feet set back on each side would be appropriate. Mayor Hayman read Res. 93-R-15. Councilman Hays made a motion to approve Res. 93-R-15, seconded by Councilman Jones. The motion CARRIED 5-0. F. Res. 93-R-16 Abandoninq the Unopened Portion of Oranqe Avenue in re: to Riverwalk proiect Mayor Hayman read Res. 93-R-16. Councilman Mitchum made a motion to approve Res. 93-R-16, seconded by Councilman Hays. The motion CARRIED 5-0. G. Res. 93-R-17 Abandoninq the Unopened Portion of Sanchez Avenue in re: to Riverwalk Project Page -6- Council Regular Meeting July 19, 1993 '-' ~ Mayor Hayman read Res. 93-R-17. Councilman Jones made a motion to approve Res. 93-R-17, seconded by Councilwoman Martin. The motion CARRIED 5-0. City Attorney storey spoke about the Thomas Avenue right-of-way. Council agreed they would require more information on this matter. City Attorney storey asked for permission to come back to Council at a later date. Captain Hawthorne presented a case on the Thomas Avenue right-of- way. He explained the right-of-way on the opposite side of the street is a ten foot right-of-way and on the Davisworth side the right-of-way is twenty feet. Councilman Hays stated he wouldn't have a problem with adjusting the right-of-way. SECOND READING: (PUBLIC HEARING) There was nothing at this time. UNFINISHED BUSINESS There was nothing at this time. COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey had nothing at this time. city Manaqer City Manager McMahon spoke about the community Development Block Grant money. He stated there are 15 to 20 people eligible for sewer connection money through the CDBG. He stated in order to have enough money to compensate for those claims they have requested a letter from the City requesting money be transferred from the Turgot Avenue paving project to the CDBG money for the sewer connection. He asked Council to approve this. Councilman Mitchum moved to approve this request, seconded by Councilman Hays. There was further discussion on this matter. The motion CARRIED 5-0. City Manager McMahon regrets having to come to this City requesting a tax increase. city Council Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones spoke about previous conversations of going to the County Council and asking for support for Edgewater. He would still like to do this in August or September. It was the concurrence of the City Council to do this after budget. Mayor Hayman stated he would make the arrangements to do lunch with the County Council. Page -7- Council Regular Meeting July 19, 1993 .... """" Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Havs Councilman Hays spoke about an editorial in the News Journal in reference to rejecting new industry. He asked Council to support him in a resolution in reference to Maglev. He would like this sent to Nick serianni in support of the Maglev project and a copy sent to Mica and other cities that would be impacted by this project. Councilman Hays asked a letter be composed by staff on this matter in support of the Maglev project. Councilman Hays spoke about an ordinance in seminole County regarding nuisance animals. Councilman Mitchum Councilman Mitchum spoke about a County Council meeting on July 22nd in reference to the tentative millage rate. He is opposed to the County buying real estate from Martin Marietta and giving them free rent for five years. Councilman Hays and Councilman Jones agreed. Councilman Mitchum asked a letter be sent from Council to the County Manager opposing the deal with Martin Marietta. Councilman Hays made a motion to send the letter objecting to the County proposal to help fund Martin Marietta, seconded by Councilman Jones. Councilman Hays asked copies be sent to other local cities. Mayor Hayman requested more information on the impact of the project before he supports this. The motion CARRIED 5-0. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, spoke about the newsletter. He spoke about the informative information in it the citizens need to know. He spoke about the crime section in the newsletter. william Anderson, 1730 pine Tree Drive, also spoke about the newsletter. It is very interesting and very informative. He also asked about people who will be receiving the $.28 per mile. city Manager McMahon informed him this is for city personnel who use their personal car for city business. There was continued discussion on this matter. ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 10:32 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- council Regular Meeting July 19, 1993