04-05-1993 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MONDAY, APRIL 5, 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
Excused
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
The invocation was delivered by Rev. Jeff Kantz, United Methodist
Church. There was a pledge of allegiance to the Flag.
Building Trades Regulatory and Appeals Board's appreciation to
former recording secretary Lisa Warren
Mayor Hayman read letter of appreciation from the Chairman, Les
Ogram.
APPROVAL OF MINUTES
Reqular Meetinq of February 22. 1993
Councilman Jones made a motion to approve the February 22, 1993
minutes, seconded by Councilwoman Martin. The motion CARRIED 5-
O.
Reqular Meeting of March 1. 1993
Councilman Hays made a motion to approve the March 1, 1993
minutes, seconded by Councilman Jones. The motion CARRIED 5-0.
CITIZEN COMMENTS
A. Mrs. Ruth Plummer re: Family Crisis Help Center at 301 N.
Ridgewood Ave.
Ruth Plummer, 2329 Yule Tree Drive, spoke about the Family Crisis
Help Center at 301 N. Ridgewood Avenue. She stated they are in
the process of getting a house. She explained her reasoning
behind getting involved in this project. She stated they are in
need of financial assistance. She spoke about programs that will
be at the Family Crisis Help Center.
There was discussion between Council and Mrs. Plummer.
Mayor Hayman asked her to get with her staff and submit an
overview of what the program is and what the specific dollar
needs or other needs are that she would like the City to
consider. He asked for statistics and background data to help
Council evaluate and weigh how effective the programs have been.
There was more discussion between Council and Mrs. Plummer.
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B. Jennifer Fike's request for sponsorship to represent Florida
as Congressional Scholar at Julv 18-28. 1993. National Younq
Leaders Conference in Washinqton D.C.
Jennifer Fike made a presentation at this time.
Councilman Hays asked her how much she still needed. She stated
she owes her aunt and uncle $600 because they fronted her the
money.
Councilman Hays asked her if she has gone to anyone else. She
listed the people she has contacted.
Mayor Hayman asked Mr. Munoz to comment on the status of the line
item in budget to take care of contingencies. Mr. Munoz
explained the current status.
Mayor Hayman stated Miss Fike lives at 2418 Travelers Palm Drive.
Councilwoman Martin made a motion to award Miss Fike the $600 she
needs.
There was discussion between Mr. Munoz and Council on the budget.
Councilwoman Martin removed her motion.
Councilman Jones made a motion to award Miss Fike $250, seconded
by Councilman Hays.
Contributions were made and $550 was collected for Miss Fike.
The motion CARRIED 5-0.
It was decided the money would be turned in and a check would be
cut by the City.
C. Ms. Jeanne DelNigro re: Incident at March 18. 1993. citizen
Code Enforcement Board meetinq
Ms. DelNigro stated it was not a Code Enforcement Board meeting,
it was a workshop.
Ms. DelNigro gave her account of the incident.
Dee Cucanich spoke about the incident and stated Mr. Karet was
out of control completely.
Mayor Hayman was disturbed when Ms. DelNigro said he stated Mr.
Karet did not owe her an apology. He asked her to please state
what else was said.
City Attorney Storey stated the City Attorney does not handle
personnel matters if there is not a legal issue involved. She
stated it is not appropriate for a City board to become involved
in disciplinary and personnel matters in terms of discipline or
handling City employees.
Councilman Mitchum stated he thinks this is something that needs
to be handled through the city Manager and if there is no
satisfaction there are other routes to go. He feels very
uncomfortable and does not wish to discuss this anymore.
There was continued discussion on this matter.
City Attorney Storey stated Mr. McMahon did speak to Mr. Karet.
Councilman Hays stated he also feels uncomfortable discussing
this. This would be in violation of the City Charter. He
explained the City Manager form of government.
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Council Regular Meeting
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councilman Jones also thought they did not need to continue
further on this subject. Personnel matters should go to the city
Manager.
councilman Mitchum informed Ms. DelNigro that Mr. McMahon would
respond to her.
Mayor Hayman explained this is an administrative problem, not a
council matter. He explained Council is a legislative body, not
an administrative body.
Doris Hill, 112 Lincoln Road, feels Council should reconsider
present format of one regular Council meeting and one workshop a
month and return to two regular meeting formats. Ms. Hill read a
prepared statement on her feelings on the workshop format and her
feelings on the City Manager and City Attorney. She feels they
only do what benefits them.
Malcolm Heffley, 325 Schooner Avenue, spoke on the workshop on
the Land Development & Regulatory Agency. He does not feel the
workshop format is a good format. He feels we should keep seven
member board and get rid of workshops.
Councilman Jones spoke about the workshop. He stated they do let
citizens speak at workshops and they have adequate time to
prepare themselves. He feels the workshops benefit the citizens.
Mayor Hayman spoke on the workshop format. He is a firm believer
in the workshop meeting cycle. He feels the staff input, citizen
input and the independent research of an elected official are
imperative to go into a decision making session.
Councilman Hays stated they decided when they went to a workshop
format, on the night of the workshop if there is any urgent
matter to take care of they would put it at the beginning of the
workshop. He spoke about goals in a workshop format.
Councilwoman Martin stated she doesn't know if they are doing the
right thing or not involving the people in two meetings a month.
They can always call a workshop on any special projects as they
did before.
Dominick Fazzone, 302 Paradise Lane, spoke about workshops. He
stated the workshops are poorly attended. He told Council not to
come up with an agenda like tonight because it is too lengthy.
He spoke about an article in the newspaper about the LDRA.
Mr. Fazzone then spoke about the goals.
James Montgomery, 1901 S. Riverside Drive, spoke about Riverwalk
being put on the east side of Riverside Drive. He spoke about
property across the street from his house. He explained his
meeting with Mr. Corder. He stated the entire community accepts
the Riverwalk except six residents. He spoke about an article in
the News Journal. He stated he would appreciate an opportunity
to have a meeting with the Mayor or Council.
CONSENT AGENDA
Mayor Hayman read the consent agenda.
A. Police Chief's request to continue voluntary physical fitness
program with Port Oranqe YMCA for remainder of FY 92-93 at total
cost of $900.00 from Law Enforcement Trust Fund
B. Police Chief's request for One Thousand Dollars Cash from Law
Enforcement Fund to continue protracted and complex
investigations
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Council Regular Meeting
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C. Amendment to Over. Riddle. Mills & Precourt. Inc. Aqreement
for Additional Compensation related to Capital Improvements
Proqram
D. Amendment to Anqie Brewer & Associates Aqreement for
Additional Compensation related to Capital Improvements Proqram
Grant/Loan Administration
E. Workers Compensation - Florida Municipal Insurers Fund Larqe
Member Agreement
Councilman Mitchum stated he would like to remove Item D. He
asked that it be placed at the end of the consent agenda.
Councilman Jones made a motion to accept the consent agenda,
seconded by Councilman Hays. The motion CARRIED 5-0.
D. Amendment to Anqie Brewer & Associates Agreement for
Additional Compensation related to Capital Improvements Proqram
Grant/Loan Administration
Councilman Mitchum stated he was not here when the agreement with
Angie Brewer was made. He questioned what the increase was for.
He stated he doesn't see where they added anything to her
contract that would warrant another $43,000.
Councilman Jones suggested putting her on the next agenda so they
can get these questions answered. He agreed with Councilman
Mitchum; he thinks 33% is a little high.
Mayor Hayman asked for a more detailed report requesting
additional funding.
Councilman Mitchum made a motion to table this item on the agenda
for the next regular meeting, seconded by Councilwoman Martin.
Councilman Hays requested a five-minute rece~s.
NEW BUSINESS
A. B & L Supplv re: occupation of buildinq at 1517 S. Ridqewood
Avenue
Community Development Director Mark Karet gave a presentation on
the issue being brought before Council. He explained the fire
protection has not been satisfied and the building should not be
used until this has requirement has been met. He stated Mr.
Becker explained he was told by Fire Chief William Vola that a
dry system would be appropriate. He stated staff has offered Mr.
Becker a number of alternatives through his attorney which have
all been declined.
Mayor Hayman asked
program to upgrade
area of the city.
that specific area
there has not been
if there are plans in the CIP expansion
the water service for fire hydrants in that
utilities Director Terry Wadsworth explained
has not been addressed in the CIP. He stated
a specific time set to do that.
Councilman Hays asked if Mr. Wadsworth had any estimates on what
it would cost the City to bring these lines up to size.
Mr. Wadsworth explained they have to look at priorities and the
funds that are available. He stated the Master Plan calls for
specific improvements in Florida Shores that are not in the CIP
that have to be done. He explained it would probably cost about
$12,000.
There was discussion on the permitting process.
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Mark Hall, Charles Becker's Attorney, stated they need to discuss
a factual dispute, legal dispute and an administrative procedural
problem. He gave an explanation of the problems they have had.
Mr. Hall explained meetings he has had with Chief Vola.
Mr. Hall asked Council to instruct staff to inspect the building,
make sure the system is installed properly, make sure he has fire
extinguishers, etc. and instruct them to issue the certificate of
occupancy.
Fire Chief William Vola briefed Council on his feelings on this
situation.
There was some discussion between Council and Chief Vola at this
time.
Mr. Charles Becker, B & L Supply, answered questions of Council
at this time.
Ron Page, 1001 Conrad Street, informed Council he will not be
painting. He informed Council he will be using half of the
building for van conversions.
There was continued discussion between Chief Vola and Council.
There was discussion on the Fire Protection Policy.
There was some discussion on sprinkler systems and a 6" main.
Councilman Hays suggested any time a City employee deals with
someone in the public, a follow up memo should be done. He
stated if this would have been done they probably wouldn't be
discussing it. He stated some of this is misunderstanding.
Councilwoman Martin stated if we allow this nonconformance of the
code to exist it puts the City in the state of responsibility if
there is a fire.
Councilman Jones is concerned with what chemicals and how much
Mr. Becker would be storing.
Mr. Karet stated there are two issues that need to be addressed:
Policy II and vesting.
Mayor Hayman feels we need a plan that addresses what we do
because we do not have enough fire hydrants in the City.
Mayor Hayman listed the policy alternatives.
Mr. Karet explained the alarm system alternatives given to Mr.
Becker. He explained staff's position is not to take on the
burden.
City Attorney Storey explained her concerns as to the problem
with the City's liability. She recommended proceeding cautiously
and carefully and making sure that is what Council wants to do.
Mayor Hayman discussed fire walls.
City Attorney Storey explained to Council this issue has been
brought before them for their decision.
Councilman Jones feels there is too many regulations.
Councilwoman Martin asked if there are other buildings in the
City that need to be brought up to code. Chief Vola informed her
there are.
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Council Regular Meeting
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There was discussion about the buildings in Edgewater that are
not up to code.
Councilman Hays questioned Mr. Becker's reasoning behind not
wanting to go with any of the options presented to him.
Councilman Mitchum feels Mr. Becker should not have to pay for
this. He feels inadequate infrastructure needs to be addressed.
Councilman Hays feels safety can not be overlooked. He feels
staff needs to come to a better resolution of this.
Chief Vola informed Council if they were going to consider
issuing the certificate of occupancy, they should at least
require an alarm system.
Mr. Becker informed Council he feels he lived up to his
responsibility. He stated he can not afford another $4,000 to
put in an NFPA rated fire protection monitoring system.
Mr. Hall informed Council Mr. Becker does have a million dollar
fire insurance policy.
Mr. Karet explained staff's position and listed the alternatives
that meet the NFPA code.
Councilman Jones made a motion to issue the certificate of
occupancy.
Mayor Hayman turned the gavel over to the Vice Mayor for the
purpose of seconding the motion.
Councilman Mitchum asked where we are with water lines. Mr.
Wadsworth informed Council where lines are up and down U.S. #1.
Councilman Hays stated they still have the responsibility of fire
safety and that should come first.
Councilman Jones amended
certificate of occupancy
required to hook into it
The motion CARRIED 3-2.
voted NO.
his motion. He made a motion to issue a
and when the 6" main is available, he be
at that time, seconded by Mayor Hayman.
Councilman Hays and Councilman Mitchum
Councilman Hays asked anyone who is involved to come to them asap
with what will be required to run this water line and prioritize
the other needs and find the funds and get this completed.
Councilman Jones asked for a five minutes recess.
ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
FIRST READING:
A. Ord. 93-0-05 Zonina Text Amendment to Section 606.01 (b). B-2
District. and Article II of the Zonina Ordinance Re: Adult Dav
Care Centers
Mr. Karet gave a presentation and the recommendation of staff to
Council.
Mayor Hayman read Ord. 93-0-05.
Councilman Mitchum made a motion to approve Ord. 93-0-05,
seconded by Councilman Hays. The motion CARRIED 5-0.
B. Ord. 93-0-06 Comprehensive Plan Amendment re: Industrial to
Commercial zonina at Southeast corner of Park Avenue and Carol
Ann Drive
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Mr. Karet gave a presentation on Ord. 93-0-06 and Ord. 93-0-07.
There was a discussion session between Mayor Hayman and Mr.
Karet.
Mayor Hayman read Ord. 93-0-06.
Councilwoman Martin made a motion to approve Ord. 93-0-06,
seconded by Councilman Mitchum. The motion CARRIED 5-0.
C. Ord. 93-0-07 Rezoninq land at Southeast corner of Park Avenue
and Carol Ann Drive from I-I, Liqht Industrial, to B-2,
Neighborhood Business District
Mayor Hayman read Ord. 93-0-07.
Councilman Mitchum made a motion to approve Ord. 93-0-07,
seconded by Councilman Hays. The motion CARRIED 5-0.
SECOND READING:
(PUBLIC HEARING)
D. Appeal bv Tina Palermo of Land Development & Requlatorv
Agencv decision re: variance to retain present location of
detached qaraqe under construction at 2105 S. Riverside Drive
Mrs. Palermo gave a presentation at this time.
City Attorney storey briefed Council at this time.
Mr. Wood gave a presentation at this time.
There was a question and answer session between Council and Mr.
Wood.
Mr. Karet gave a presentation and explained a replat is required
once the slab is poured and there is no further work to be done.
Mayor Hayman presented questions to Mr. Wood which he answered
for him.
Mayor Hayman stated he listened to the tapes and he explained to
Mrs. Palermo that she may have misunderstood what was said in the
proceedings and he explained the situation to her.
There was a discussion about the tree used for the setback.
Mr. Karet explained what happened.
Councilwoman Martin stated it should be taken into consideration
that this was not intentional.
City Attorney Storey explained the five criteria should be
considered and the basis for their decision.
Councilman Mitchum asked if this could be sent back to the LDRA
for reconsideration. City Attorney Storey stated once this comes
to the Council it is in their laps.
Councilman Hays made a motion to allow the variance, seconded by
Councilwoman Martin.
Mr. Karet explained the three criteria that were not met when
this was brought before the LDRA'
The motion CARRIED 5-0.
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Mr. Wood asked the Council not to punish contractors for being
within the setbacks of property. He stated everyone make
mistakes. Mr. Wood spoke about having to pay for 1,000 feet of
water line. Again, he asked Council not to punish contractors
for things that have been done in the City.
Mayor Hayman announced Council is now in public hearing.
E. Ord. 93-0-01 Repealing Article III. Securitv Measures for
Late Niqht Businesses. to allow Police Department to enforce
Convenience Business Securitv Act
Mayor Hayman read Ord. 93-0-01.
Mayor Hayman closed the public hearing.
Councilman Mitchum made a motion to approve Ord. 93-0-01,
seconded by Councilwoman Martin. The motion CARRIED 4-1.
Councilman Hays voted NO.
Mayor Hayman opened the public hearing.
F. Ord. 93-0-03 Comprehensive Plan Amendment re: hiqh density
residential to industrial zoninq on North side of Cheetah Drive
between FEC Railroad and Canal Road
Mr. Karet gave a presentation at this time.
Mayor Hayman read Ord. 93-0-03.
Mayor Hayman closed the public hearing.
Councilman Hays made a motion to approve Ord 93-0-03, seconded by
Councilman Jones. The motion CARRIED 5-0.
Mayor Hayman opened the public hearing.
G. Ord. 93-0-04 Rezoninq land located on North side of Cheetah
Drive from R-5 multi-family district to 1-1 liqht industrial
district
Mayor Hayman read Ord. 93-0-04.
Mayor Hayman closed the public hearing.
Councilman Jones made a motion to approve Ord. 93-0-04, seconded
by Councilman Mitchum. The motion CARRIED 5-0.
UNFINISHED BUSINESS
A. Land Development and Requlatory AgencY Division of Planninq.
Appellate. and Technical/Administrative Roles
Mayor Hayman stated at a previous workshop they discussed the
roles and responsibility of the LDRA and there was discussion on
different alternatives.
city Attorney storey gave a presentation at this time.
Councilwoman Martin asked for a workshop meeting.
Councilman Hays made a motion to change what we now call the LDRA
into two separate organizations, Planning Committee and Board of
Appeals, seconded by Councilman Mitchum.
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Pete Hellsten, Chairman, LDRA, gave his feelings on the
separation of the LDRA. He stated the LDRA is not overworked.
The board has met once a month and has been able to dispel most
of its business. He continued to express his concerns about this
matter.
Councilwoman Martin stated she has not looked into this far
enough to make a decision that is why she suggested a workshop.
Councilman Mitchum expressed his concerns at this time.
Councilman Hays expressed his feelings on the separation of the
LDRA.
Mr. Hellsten stated they were on the workshop agenda to discuss
the role of the LDRA. He expressed his feelings about that
meeting.
There was continued discussion about this matter.
The motion CARRIED 3-2. Councilwoman Martin and Councilman Jones
voted NO.
There was more discussion on this matter.
Mayor Hayman stated at the next meeting they need to look at the
composition of the board, authority of the board, and the role
the board plays.
Mr. Karet gave an explanation at this time.
There was some discussion on what type of meeting to discuss this
at.
There was discussion about contractors.
COUNCIL/OFFICERS REPORTS
city Attorney
City Attorney storey had nothing at this time.
city Manaqer
There was nothing at this time.
CITY COUNCIL
Councilwoman Martin
Councilwoman Martin had nothing at this time.
Councilman Hays
Councilman Hays spoke about the pipes and culverts being put in
on Park Avenue.
Councilman Hays questioned the MPO Resolution 93-03. He
questioned why it was based on population and miles traveled.
Councilman Hays objected to that.
Councilman Mitchum
Councilman Mitchum had nothing at this time.
Mayor Hayman
Mayor to report on Volusia city-County Water supply Cooperative
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Mayor Hayman stated he was contacted by the Chamber of Commerce
asking if they would like to participate in the Rotary Park clean
up on April 14, at 3:00 p.m.
Mayor Hayman mentioned the Indian River clean up on May 1, 1993.
Mayor Hayman asked to have put on the next agenda a report on the
MPO 2015 plan presented by him.
Mayor Hayman mentioned the Water Management Co-op workshop on
April 24th. The topic will be the mission statement of our Water
Co-op. they need to revisit the agreement. He asked to also
have this put on the next agenda.
Mayor Hayman then spoke about the Flagler/Volusia Roundtable
meeting he attended.
Councilman Jones
Councilman Jones told everyone he hoped they enjoyed themselves
at the board and volunteer appreciation dinner. He expressed his
appreciation for all the members of the boards.
QUESTIONS FROM PRESS
The press had nothing at this time.
CITIZEN COMMENTS
There were no citizen comments at this time.
ADJOURNMENT
There being no further business to discuss, Councilwoman Martin
made a motion to adjourn, seconded by Councilman Jones. The
meeting adjourned at 12:20 a.m.
Minutes submitted by:
Lisa Kruckmeyer
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