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05-03-1993 - Regular 'w'''''''' CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 3, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the regular meeting of the City Council 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 INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Harold Pruitt, Bella vista Baptist Church. There was a pledge of allegiance to the flag. Proclamation for retirement of Carl R. Overstreet, Public Works Director Mayor Hayman read the proclamation and presented a clock to Mr. Overstreet. Mr. Overstreet thanked the Council and City staff. certificate of Recoqnition for Jack Corder, Parks and Recreation Director, re: life savinq action at Whistle stop Park Mayor Hayman explained Mr. Corder, Glen Burdette and Lenny Guerci were responsible for saving the life of Harry Temple at Whistle stop Park. Mayor Hayman read the certificates presented to Jack Corder and Glen Burdette. Glen Burdette accepted Lenny Guerci's certificate and would see he gets it. It was explained Mr. Temple is doing very well. Councilman Hays suggested getting a plaque for City Hall for recognition for outstanding achievement to list names when someone does something outstanding. City Manager McMahon suggested preparing a plaque for outstanding achievement by employees. Councilman Hays made a motion to establish an outstanding achievement award plaque, seconded by Councilwoman Martin. The motion CARRIED 5-0. APPROVAL OF MINUTES Reqular Meetinq of April 5, 1993 Councilman Mitchum made a motion to approve the April 5, 1993 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. '-" ... CITIZEN COMMENTS Malcolm Heffley, 325 Schooner Ave, stated the citizens do not want to see the LDRA limited to five members. He read a prepared statement at this time. He feels they should keep the LDRA the way it is. Bob McIntosh, Beach Trust Commission, gave an update on the water craft zones. There was discussion on personal water craft and jet skis. There was discussion on rotation in New Smyrna Beach. Councilman Hays and Councilman Jones expressed their concerns on this matter. They feel water craft should not be banned from the beach, there should be rotation. Mayor Hayman stated Council's consensus is they are not opposed to it but they should rotate the zones periodically. Councilman Hays asked about the progress on surf fishing. Councilman Hays asked Mr. McIntosh to please bring this up. He feels people swimming and surf fishing in the same area is hazardous. Councilman Hays feels there should be designated areas. Mr. McIntosh stated the lifeguard may move people to designated areas. Councilman Hays asked Mr. McIntosh to address this again because it is a hazard. Ken & Kathy Blair, 1026 Lake Ave, spoke about the vietnam pot belly pig. He asked the ordinance be amended to include the pot belly pig as a pet. city Attorney Storey gave a report. City Attorney Storey stated if Council is interested, an ordinance can be drafted and brought back to them. Councilman Hays stated he wouldn't have a problem with bringing this back in ordinance form to the next regular meeting. Mr. Blair stated most of the neighbors think he is cute and only one neighbor had a problem with the pig. City Attorney Storey stated it would just be a matter of adding this to the existing ordinance. Mayor Hayman asked this be brought back to them at the next regular meeting. Galen McClain, 3119 Queen Palm Drive, questioned the consent agenda. Mr. McClain spoke about items requiring money that are included on the consent agenda. There was discussion on the additional purchase requested by Dyer, Riddle, Mills and Precourt and Angie Brewer and Associates. Mr. McClain spoke about the fees paid for labor negotiations. City Manager McMahon clarified this for him. Mr. McClain then spoke about a survey done by the City in reference to pay scales for personnel. City Manager McMahon clarified this item also. Councilman Mitchum expressed concerns as to whether this issue was following a point of order. Page -2- Council Regular Meeting May 3, 1993 '-" 'WIf Mayor Hayman explained Dyer, Riddle, Mills & Precourt and Angie Brewer and Associates was discussed at a workshop. He also spoke about the Hammack study. Councilman Hays suggested Mr. McClain make an appointment with Mr. McMahon and discuss the matter with him. He stated Mr. McClain is bringing up items that have already been discussed at length. Councilman Jones expressed his concerns about the Dyer, Riddle, Mills & Precourt issue Mr. McClain addressed. Doris Hill, Lincoln Road, thanked Council and staff on the way they handled the impasse between the union and the City. She asked if they will be permitted to enter into discussions on Item 9 (b) . Mayor Hayman asked if Council had any objections to her addressing Item 9(b) when they get to it. Mayor Hayman informed Mrs. Hill they had no objections. Gigi Bennington, 121 Virginia street, stated she would like to speak on Item 9(a) and 9(b). Mayor Hayman asked if Council had any objections to Item 9(a) also being addressed. Council had no objections. Ms. Bennington questioned minutes being done verbatim for workshops. Ms. Bennington asked if in the F.S. 286.011 it is a requirement to have minutes done for workshops. City Attorney Storey stated there is no requirement for there to ever be verbatim minutes. She stated she has no problem with the summaries. Councilman Hays stated this was discussed before they changed the way they do things. He stated if someone wants to listen verbatim there is a tape available. Ms. Bennington expressed her concerns about the lengthy meetings Council has been having. City Attorney Storey stated what constitutes minutes under the statute is not defined. She clarified the summaries are the minutes from the workshops. Ms. Bennington stated these workshops are very critical. She stated a lot can be lost in summary. Ms. Bennington wanted to know why the hiring of the Labor Attorney was not brought to Council so everyone knew why he was hired and what is job was. Mayor Hayman thought they did. city Attorney Storey explained professional services do not go out for bid and they are exempt. She stated prior to union negotiations, the bill averaged around $100 per month. The total has been around $16,000 over the past eighteen months regarding labor negotiations. There was continued discussion about the amount charged for the unfair labor practice suit filed against the City. Ms. Bennington stated this may lead the public to believe there is something going on that shouldn't be going on and it doesn't reflect very good on the Council. Page -3- Council Regular Meeting May 3, 1993 '-" ...., There was continued discussion regarding this matter. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Police Chief's request to Durchase five detective/surveillance vests at $659 each from Law Enforcement Trust Funds Councilman Hays questioned what a surveillance vest is. Police Chief Schumaker explained what the vest was at this time. B. Police Chief's request to Durchase one comDuter and accessory eqUiDment at $2,878 from Law Enforcement Trust Funds C. Florida Power & Liqht's Easement request - Edqewater Library Councilwoman Martin made a motion to approve the consent agenda, seconded by Councilman Hays. The motion CARRIED 5-0. NEW BUSINESS A. Request of Praise Tabernacle Church to hold fund raisinq fish fry at 616 N. Ridqewood Ave on Saturday, May 29, 1993 Anna Davis, gave a summary about this event. Councilman Mitchum made a motion to approve this request, seconded by Councilman Hays. The motion CARRIED 5-0. City Attorney Storey questioned the permit fee. Mayor Hayman informed Ms. Davis they will still be required to pay the required fee for this function. B. Request of Family crisis HelD Center to hold fund raisina barbecue at 301 N. Ridqewood Ave., on Saturday, May 15, 1993 Marie Biggs gave a presentation and asked the fee be waived. Police Chief Schumaker questioned the music. Ms. Biggs informed them there would be some gospel singing. Councilman Mitchum made a motion to approve this request, seconded by Councilman Hays. The motion CARRIED 5-0. C. Parks & Recreation Director's request to Durchase two Jacobsen Turf Cat rotary mowers with rear discharae mower decks for $18,736 Parks & Recreation Director Jack Corder gave a presentation on the need for these mowers. There was a question and answer session between Council and Mr. Corder. Councilman Jones made a motion to approve, seconded by Councilwoman Martin. The motion CARRIED 5-0. D. Volunteer Fire and Rescue Association's request for $5,000 donation for Fourth of July fireworks City Manager McMahon informed Council the volunteers do the work at no cost to the City other than the purchase of the fireworks. He recommended Council approve this item. Councilman Hays stated New Smyrna Beach made a promise last year to help this year. Page -4- Council Regular Meeting May 3, 1993 ..,. ..., City Manager McMahon suggested he, Mayor Hayman and George Barlow speak to Mayor Musson of New Smyrna Beach. Councilman Hays stated they did not have the funds budgeted last year but they would budget for fireworks this year. There was discussion on receiving donations to improve the fireworks display. George Barlow stated they do receive donations but it doesn't really cover that much. Mr. Barlow informed Council they have been paying $8,000 per year. Mr. Barlow informed Council they received $5,000 from the Southeast Volusia Advertising Authority for advertising purposes but this has to be strictly used for advertising. city Manager McMahon stated if the Council concurs, he recommended to include in the motion to allow an appropriation from the unappropriated fund balance of $5,000 and direct him to put it in the budget in the future. Councilwoman Martin made a motion to grant the unappropriated funds of $5,000 for the fireworks display and schedule this amount in future budget documents, seconded by Councilman Hays. Councilman Hays stated he would appreciate it if they would correspond with neighboring cities and remind them of promises made. The motion CARRIED 5-0. E. Finance Director's Report/Communitv Development Block Grant Funds for Sewer Connections Finance Director Fred Munoz gave a report on the Community Development Block Grant available for assisting people with paying for sewer connections. Mr. Munoz informed Council these forms are available at City Hall. There was a discussion session between Council and Mr. Munoz. Mayor Hayman thanked Mr. Munoz and Mr. Karet for their participation in helping with these grant funds. Councilman Jones was thankful for the grant funds because they were beating the bush trying to find a way to help the citizens in Edgewater. F. city Enqineer's Report/Wastewater Treatment Plant City Engineer Kyle Fegley briefed Council on the change and the need for it. He stated the substitution is approximately a $10,600 addition to the contract now. City Engineer Fegley stated his recommendation is to go with the seal guard in lieu of the coal tar epoxy due to the time the seal guard will last as opposed to the coal tar epoxy. There was much discussion on this important issue. Councilman Jones requested getting more information. city Engineer Fegley stated he needed a decision in approximately 2-3 weeks. Within a month, they will be setting equipment. Page -5- council Regular Meeting May 3, 1993 -- ...., Councilman Jones made a motion to put this on the May 17th agenda instead of a workshop, schedule it as a special meeting, seconded by Councilwoman Martin. The motion CARRIED 5-0. G. Selection Process for Boards and committees Mayor Hayman stated they had requested input from staff on various processes used by other cities and jurisdictions. Councilman Mitchum stated it is his feeling that members selected should be approved by vote on Council. It should be a majority consensus from Council. Councilwoman Martin stated she agreed with Councilman Mitchum. She also feels it should be a consensus of Council. Mayor Hayman stated he likes Councilman Mitchum's suggestion for each Councilmember to look at each vacancy. Mayor Hayman explained the process of applying to serve on a board. There was discussion about the nomination process. Don Masso, 317 pine Breeze Drive, questioned if the nominations are chosen by the persons qualifications for the individual board before the nomination is made. He also asked who determines whether the person is qualified. There was discussion about qualifications for City boards. Councilman Mitchum made a motion to have nominations made by Council and majority consensus, seconded by Councilman Jones. The motion CARRIED 5-0. The meeting recessed at 8:55 p.m. and reconvened at 9:00 p.m. ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS FIRST READING: A. Res. 93-R-07 Authorizinq city Manager to file Application with Federal Emerqencv Manaqement Aqencv for Federal and state Disaster Assistance Funds to offset costs incurred from March 12 and 13, 1993, storm Fire Chief Bill Vola gave a presentation at this time. Mayor Hayman read Resolution 93-R-07. Councilman Hays made a motion to approve Res. 93-R-07, seconded by Councilwoman Martin. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) B. Ord. 93-0-05 Zoninq Text Amendment to section 606.01 (b), B-2 District, and Article II of the zoninq Ordinance Re: Adult Dav Care Centers Mayor Hayman opened the public hearing. Nanette Heidrich, Extended Family, made a presentation of what Extended Family does. Mayor Hayman stated the average age in New Smyrna Beach is 53.8 years. The average in Edgewater is 37.2 and the County is 39. Mayor Hayman closed the public hearing. Mayor Hayman read Ordinance 93-0-05. Page -6- Council Regular Meeting May 3, 1993 '-' ...., Councilwoman Martin made a motion to approve Ordinance 93-0-05, seconded by Councilman Hays. The motion CARRIED 5-0. C. Ord. 93-0-06 Comprehensive Plan Amendment re: Industrial to Commercial zoninq at Southeast corner of Park Avenue and Carol Ann Drive D. Ord. 93-0-07 Rezoninq land at Southeast corner of Park Avenue and Carol Ann Drive from I-l. Liqht Industrial. to B-2. Neiqhborhood Business District Due to a request from Extended Family, staff recommended continuance of this Ordinance. Councilman Mitchum made a motion for continuance for Ord. 93-0-06 and Ord. 93-0-07 until June, seconded by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS A. Evidence Buildinq and Public Records Storaqe community Development Director Mark Karet gave Council a background on the costs associated with the evidence building. Mayor Hayman asked who the architect is. Mr. Karet explained the architect has not been hired but he hopes cost is less than $2,000. There was a discussion about the diagram designed for the evidence building. There was discussion about where this money is coming from. Councilwoman Martin asked Mr. Karet if he is ready to go out for bid and he explained they are ready to prepare the bid packages. A plan must be done by the architect and then they can go out to bid. Councilwoman Martin made a motion to approve the course of action and prepare the bids, seconded by Councilman Hays. Gigi Bennington, 121 Virginia street, questioned going out for bids. It was explained to her they would be preparing the package to go out for bid. Ms. Bennington expressed her concerns in reference to the architectural design. She feels they need to get the architectural design first. Mayor Hayman feels $2,000 or $3,000 would be a conservative figure. Ms. Bennington stated this is a big expense and she wants to make sure Council is getting what they are paying for. Mr. Karet clarified Ms. Bennington's concerns. Mr. Karet stated the original estimate was under $2,000. Councilman Mitchum stated they should set a limit of $3,000. The motion was amended to include with a limit of $3,000. Councilman Jones expressed his concerns on this matter. The motion CARRIED 4-1. Councilman Jones voted NO. Page -7- Council Regular Meeting May 3, 1993 ~ ~ B. Land Development and Requlatory Aqency - Division of Planninq, Appellate, and Technical/Administrative Roles Each Councilmember expressed their feelings on the division of the Land Development and Regulatory Agency. Councilman Hays made a motion to leave the LDRA the way it is. Councilman Mitchum stated at the April 5th meeting, there was a 3-2 vote to disband the LDRA as they see it now. He asked if a motion to reconsider be an order. Councilwoman Martin, seconded the motion. Doris Hill, stated she did not understand the reason for bringing up dividing the LDRA. She questioned a memo from the City Manager to Council dated February 18th. She continued to express her feelings about the LDRA. Pete Hellsten, Chairman of Land Development and Regulatory Agency, discussed the possibility of an Ad Hoc Committee for the development of LDR's. City Attorney Storey commented on judicial and legislative functions of the LDRA. She spoke about the concerns of the potential conflict. She went on to explain some of the problems with the LDRA. Each Councilmember expressed their feelings on the attacks against the staff. Councilman Mitchum expressed his concerns on this issue. Billy Klein, 2910 Needle Palm Drive, feels LDRA has been a good working relationship and Council needs to have a meeting with the LDRA. Councilman Mitchum proposed to have a workshop with the LDRA. Dominick Fazzone, 302 Paradise Lane, spoke as a member of the LDRA. He spoke about the confusion back in 1988-1989 due to there being no attorney. He spoke about some of the duties of the LDRA. He feels they should have citizens with technical input on a technical board. The motion CARRIED 3-2. Mayor Hayman and Councilman Mitchum voted NO. c. city Attorney, city Clerk, and city Manaqer Aqreements City Attorney Storey made introductory comments, explaining the changes directed at the April 19th work session were implemented. She went over the language of those changes. She suggested these agreements be considered separately. Mayor Hayman suggested to start with the City Clerk's agreement. Attorney Storey explained the situation of the City Clerk being vested in the City's pension fund, which is a difference from the other contracts. Mayor Hayman stated it may be a hardship to change from one type of retirement program to another at this time. There was further discussion regarding the city's pension plan program. It was pointed out the City contributes approximately 20% for general employees. This contract calls for 15%. Page -8- Council Regular Meeting May 3, 1993 1IIIw' .."." There was discussion regarding performance evaluations. City Manager McMahon explained the six months oral review and at the year written evaluations are done. He requested the same forms and procedure be used as with all the employees, setting goals and objectives each year and evaluating accordingly. Mayor Hayman pointed out the salary figure is midpoint of the pay range. Councilman Jones asked if a written evaluation should be done at this time. City Attorney storey explained the agreements and the performance evaluations are separate items and should be considered at different time frames. Mayor Hayman finds this agreement satisfactory, he pointed out all the changes asked for at the workshop have been included. Councilwoman Martin made a motion to approve, seconded by Councilman Hays. The motion CARRIED 5-0. city Attorney's contract. Councilman Hays stated this was discussed at the workshop, he moved to approve it seconded by Councilwoman Martin. The motion CARRIED 5-0. City Manager's contract. Mayor Hayman pointed out the changes that were suggested at workshop. He stated one thing that was not discussed at the workshop was what other City Managers in the area have concerning travel allowance and/or a vehicle. Mr. McMahon did not want this supplied to him, he is eligible for the mileage rate if he uses his own vehicle. Councilman Hays reported on the research he has done on this subject. Councilman Jones stated he feels midpoint is a big jump and he thinks we can come to a compromise. Councilman Hays stated he does not of money for the job that is done. than one year and does not include employees see each year. feel this is an extreme amount This contract covers more any of the COLA the other Councilwoman Martin reminded everyone of the quality person we have and we need to continue with what we have going. She also reminded everyone that the last City Manager was making $64,000. plus. Councilman Mitchum stated that he has gone through five city Managers during his association with the City. The man we have now has brought continuity to the City that we have never had. He needs to know he has the support and confidence of the Council. He added he has no intention of letting another City Manager become a political football. Councilman Jones agreed with Councilman Mitchum. He explained he is glad Mr. McMahon is our City Manager, he is just trying to get a bargain. He suggested negotiating for half the increase now and half next year. He is just trying to get the best for the dollar he can get. Councilwoman Martin added that we have a man now whom we can depend upon, he prepares the Council with information. She moved to approve the contract he asked for. Councilman Hays seconded the motion. Page -9- Council Regular Meeting May 3, 1993 ~ .."", Mayor Hayman commented that he relies on the City Manager a great deal. He is aware that Mr. McMahon is one of the most highly regarded City Manager in this state. He is known by his reputation, because he is a professional and a qualified person. When he was hired, this City got one of the best bargains around. Upon roll call vote the motion CARRIED, 4-1. Councilman Jones voted No. D. Amendment to Anqie Brewer and Associates Aqreement for additional compensation related to Capital Improvement Proqram Grant Loan Administration Councilman Mitchum moved to withdraw this from the table. Councilwoman Martin seconded the motion. The motion CARRIED 5- o. Councilman Hays feels they should go back to Mrs. Brewer and negotiate this and then bring this back to Council. City Manager McMahon asked the council to defer this item and he would bring this back to Council. COUNCIL/OFFICERS REPORTS citv Attorney City Attorney storey had nothing at this time. city Manaqer city Manager thanked Mayor Hayman for his words and support. City Manager McMahon explained they are between $300,000 and $400,000 ahead of themselves with the budget. city Manager McMahon asked Council to consider issuing a change order for reuse pipes for 442 median strips. council agreed it is an excellent idea. City Manager McMahon thanked Council once again. city Council Mayor Hayman Mayor to report on Volusia City-County Water Supply Cooperative Mayor Hayman gave a report on the Volusia City-County Water Supply cooperative. councilman Jones councilman Jones stated the Mayor is doing an outstanding job representing the Council at these Committees and reporting back to council. Councilwoman Martin councilwoman Martin spoke about lengthy workshops. Councilwoman Martin made a motion to go back to two regular meetings and one workshop as needed, seconded by Councilman Hays. Councilman Hays commented on workshops. Mayor Hayman spoke about going back to two regular meetings. Page -10- council Regular Meeting May 3, 1993 ~ ...., The motion CARRIED 5-0. Councilman Hays Councilman Hays mentioned on May 6th, National Prayer Day will be recognized at City Hall and he asked they attend at 12:00 p.m. until 12:40 p.m. Councilman Mitchum Councilman Mitchum thanked Mr. McMahon and stated he has been very helpful. Councilman Mitchum stated the Mayor has done exactly what a Mayor should do. He has represented us well. He stated we are gaining the respectability for Edgewater we deserve. Councilman Mitchum thanked the Mayor and encouraged him to keep on doing what he is doing. Councilman Mitchum stated we need to buffer the staff. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, stated the city is represented at the County level. He spoke about meetings he has attended with the Mayor. He commended Mr. Karet for the work he does and the time he dedicates to the City. He commended the Council on how they conduct themselves. He stated Mr. McMahon is an honest man. Galen McClain, 3119 Queen Palm Drive, asked if the City permits more than two homes to be hooked up to a single line going into the sanitary sewer system. City Manager McMahon clarified this for Mr. McClain. ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, seconded by Councilman Jones. The meeting adjourned at 11:18 p.m. Minutes submitted by: Lisa Kruckmeyer Page -11- Council Regular Meeting May 3, 1993