10-02-1995 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
OCTOBER 2, 1995
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
Administrative Asst Lisa Kruckmeyer
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Excused
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
The invocation was delivered by Rev. Dr. Tee, Edgewater Union
Church. There was a pledge of allegiance to the Flag.
Mayor Hayman informed the public the workshop to address the
stormwater aspect of the Road Improvement Program will be in the
community Center, October 4th, at 7:00 p.m.
APPROVAL OF MINUTES
A. special Meeting of September 6, 1995
Councilwoman Martin made a motion to approve the September 6,
1995 minutes, second by Councilman Hays. The motion CARRIED 5-0.
B. Special Meeting of September 11. 1995
Councilman Hays made a motion to approve the September 11, 1995
minutes, second by Councilman Hatfield. The motion CARRIED 5-0.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(Other than public hearings)
Jay Michael McKay, 1717 S. Riverside Drive, stated he was at the
meeting regarding Ord. 95-0-12.
Councilman Hatfield informed him it is under public hearing and
he could speak about that during that time.
Mr. McKay stated he had a fifteen minute presentation and agreed
to wait for his time. He wanted to make sure he was on the
agenda. Mr. McKay was informed he is.
Ken pitchford, 3131 Juniper Drive, questioned if the retention
pond issue is Item 7B on the agenda. Mayor Hayman replied no sir
it's not. That has to do with the Southern Area utility
Agreement with Quentin Hampton. That is the water service to the
County and Oak Hill region.
Mr. pitchford stated he spoke to the Mayor and was informed he
was on the agenda for tonight. Mayor Hayman stated he
misunderstood what Mr. pitchford was asking. He apologized to
Mr. pitchford.
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Mr. pitchford asked to make an exception because of all the
people he invited. Mayor HaYman informed Mr. pitchford during
the second citizen comments on the agenda any citizen may address
the Council about anything he or she would like.
Chief Schumaker stated there is a Green Buick QVI 873 blocking
someone outside.
CITY COUNCIL REPORTS
Councilman Hays
Councilman Hays had nothing at this time.
Councilman Mitchum
Councilman Mitchum had nothing at this time.
Mayor Hayman
Mayor Hayman stated later in the meeting he would like to talk
about the replacement of the Executive Director of the Volusia
Council of Governments.
Councilman Hatfield
Councilman Hatfield had nothing at this time.
Councilwoman Martin
Councilwoman Martin had nothing at this time.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. Public hearing Ord. No. 95-0-12 Establishing regulations for
outside storage of vehicles, equipment and materials
Mayor Hayman explained the public hearing process.
Mayor Hayman presented the background and staff recommendation to
accept Ord. 95-0-12.
Mayor Hayman read Ord. 95-0-12.
Mayor Hayman opened the public hearing.
city Attorney Storey explained this proposed ordinance is
intended to address the issue of outside storage in the
residential areas of inoperable or unlicensed vehicles, materials
and equipment. Now those items are not permitted in residential
areas. This ordinance would provide that unlicensed or
inoperable vehicles could be stored in residential areas in the
rear yard if they are screened by some sort of fence or hedge.
This does not apply to licensed or operable motor vehicles,
boats, or recreational vehicles. This has nothing to do with
limiting the storage of vehicles that are operable or licensed in
residential areas.
City Attorney Storey commented on office, commercial and
industrial uses. There are some requirements in terms of
screening and displays which are different than currently exist
and utilization of car covers if something is stored outside of a
screened area in the commercial and industrial areas. There is a
section that specifically prohibits the storage of these items on
City right-of-way unless there is a bona fide public purpose.
community Development Director Mark Karet presented a general
overview of some of the reasoning that went into this ordinance.
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City Attorney storey stated one other item which is important for
Council to consider is an effective date or how existing uses are
going to be handled.
Councilman Hays asked Mr. Karet if this ordinance is adopted, do
you plan to resume the patrol to enforce this or will you
continue in the complaint only business. Mr. Karet informed him
at this time, without direction from Council, we will continue on
a complaint basis only.
Councilman Hays stated if we are considering the restrictions of
this ordinance and we are not putting into play a mechanism to
monitor it, is this ordinance premature to take an action of
going back to the patrols of looking for these problem areas.
Mayor Hayman commented on creating an ordinance that is only
enforced when someone complains. He commented on some
correspondence from Paul Jenkins who had some interesting ideas
and thoughts and he hoped to hear from him tonight. He commented
on the cost of the car covers. He has some problems with some of
the items addressed in the commercial and industrial area. He
commented on this being a problem for renters. He wouldn't want
to invest in a fence or screened in area on a piece of real
estate he doesn't own.
Jay Michael McKay, 1717 S. Riverside Drive, expressed concern
with the proposed ordinance. He feels this ordinance would
presume to tell residents what they can and cannot do with their
property or vehicles. He questioned a vehicle being considered
junk because of appearance or the fact that the vehicles doesn't
have a license tag.
Mr. McKay stated he found when researching this that the
ordinance was in the Health and Safety section of the Code book.
stretching health, cleanliness and safety into having a license
tag on a vehicle that is operable seems to be a stretch of the
imagination.
Mr. McKay commented on the Spruce Creek Fly Inn having deed
restrictions not allowing a vehicle in the yard that is
inoperable but when they impacted the residents with a deed
restriction, they also decided we have to give them some sort of
option and they provided for those residents at the cost of $10 a
month a secure 10-foot high fence storage with barbed wire around
it that only a security officer could get you into.
Mr. McKay commented on having to insure a vehicle due to having
it registered with a tag on it. He doesn't feel this is fair.
Mr. McKay commented on auto enthusiasts who collect and restore
cars.
Mr. McKay commented on the health and safety issue. He doesn't
understand how these cars are affecting the health and safety of
the community. He commented about the definition of abandoned,
junked or discarded motor vehicles in the current Code. He feels
the original intent was not only for health and safety but also
perhaps for cleanliness and orderliness in a neighborhood.
Mr. McKay has a problem with the ordinance designating a vehicle
as junk or abandoned simply because it does not carry a current
license tag.
Mr. McKay commented about the proposed ordinance under
residential uses. He commented about the vehicle being protected
from the view of others but it could create a situation for
someone to come in and destroy or steal items in the vehicle.
Sunlight and air getting to a vehicle is important because they
can rot in a damp setting.
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Mr. McKay feels these are matters that need to be paid attention
to. He doesn't know if the matters he addressed were considered.
Mr. McKay stated if you have a car collector and you demand they
have a license tag on a vehicle, it would destroy the value of
the car dramatically due to them only being one owner cars.
Mayor Hayman stated he would like to see a copy of Mr. McKay's
remarks. He is interested in some of Mr. McKay's comments. Mr.
McKay informed him his presentation was from his notes. He asked
if Council would like him to put his information together. He
was informed they would.
Judith Lichter, 826 Navigators Way, spoke about the implication
of this ordinance in industrial areas where they abut
residential. She spoke about the safety of children in that
residential area. She feels it should be a barrier or fence that
keeps kids potentially out from an attractive old tractor or a
piece of machinery.
Ms. Lichter doesn't think the complaint system is adequate. She
feels it should be in the hands of the Police if they observe a
violation or if the Code Enforcement Officer or other personnel
in town see something. It should be a combination of types, not
just by complaint.
Michael Martin, 1724 Riverside Drive, stated it seems to him
there are existing codes on the books that adequately deal with
the issue being addressed. If the enforcement is not consistent
with that, then perhaps that needs to be looked at. He feels
commercial and residential should be addressed separately. It's
not the same to try and cover commercial and residential under
one regulation.
Mr. Martin commented on dealing with issues on a complaint basis.
Paul Jenkins, Florida Shores, stated Mr. McKay touched on a lot
of the issues he was going to discuss. A long time ago this
started with an issue in Ormond Beach with parking campers and
boats in driveways. They came out with an ordinance that was
taken all the way to the Supreme Court. The Supreme Court ruled
they could not tell the people they couldn't keep their property
on their property. As a result Ormond rewrote the ordinance to
the backyard.
Mr. Jenkins commented on Ms. Lichter's comments as far as the
industrial recommendations.
Mr. Jenkins suggested including wording in the ordinance that
suggests the storage of vehicles be tied to a hobby and not for a
business use.
Henry Dardinski, 2704 Saba I Palm Drive, feels the adoption of
this ordinance will create more problems. He recommended the
ordinance not be approved.
Gail Wells, 2503 Woodland Drive, feels the Council is opening up
a big mess if they pass this ordinance. Florida Shores has
enough to contend with. She questioned what exactly screening
means.
City Attorney Storey stated the language in the ordinance is
screened by an opaque fence or hedge so that such items are not
visible from any public right-Of-way or adjoining lot. This
applies to inoperable or unlicensed vehicles.
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Council Regular Meeting
October 2, 1995
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Sandy Gaynes, 3331 Juniper Drive, questioned who will be
responsible for covering up an item if someone is a renter. will
the homeowners or renters be responsible? Mayor Hayman stated it
is his understanding it would fall on the owner of the vehicle
itself.
Councilman Hays stated if he is renting a house to someone and no
matter what the lease agreement is with the people who rent the
property from me, if they violate that agreement that is between
the renter and the owner. If the violation of the agreement is
parking junked vehicles, who is the Code Enforcement going to
serve on that? If the renters disappear over night and leave the
vehicles on the property, who is responsible.
City Attorney Storey explained the way Code Enforcement functions
is the property owner is ultimately responsible and the biggest
reason for that is because normally we don't know who the tenants
are. We will cite if a property owner advises us. The tenant
will be cited as well. Liens are placed against property as a
way to solve Code Enforcement issues.
Ms. Gaynes questioned how much time the property owner will have
once the tenants moved out.
City Attorney Storey explained the Code Enforcement statute under
which we operate requires the Officer to give reasonable time for
compliance and then the Board must give time for compliance so
there is an opportunity to resolve the problem without a
violation notice actually being issued. You are given several
opportunities to comply before there is any formal legal action
taken.
Jay McKay, 1717 S. Riverside Drive, questioned what happens to
the people who don't have a backyard to put these items in. He
questioned what happens to homes that have two stories.
Paul Jenkins, Florida Shores, feels the fact that you cite the
property owner and not the renter does away with the due process
because the property owner then tells the renter something has to
be moved and he has no course of action.
Councilwoman Martin stated the property owners that have been
contacting her are concerned that a conglomoration of vehicles is
bringing down the value of their property.
Councilman Hatfield questioned this ordinance being brought up
under public safety. Is this a more aesthetic issue or is it
more public safety or is it in the right place. Mr. Karet stated
the proposed ordinance will be included in Chapter 11 which is a
new section of the Code which will deal with miscellaneous items.
Councilman Hatfield stated under the previous code, does a car
have to be licensed and registered. Mr. Karet stated the
previous code is more strict than what is proposed. Councilman
Hatfield stated under the proposed code, the car does not have to
be. Mr. Karet stated if it is put in the rear yard and
screened, it does not have to be.
Councilman Hatfield had some problems with the legality of this.
He feels this ordinance will be a better way to maintain cars at
a residence. He understands people wanting to protect their
property values. He hopes they can come up with a solution to
make this responsible. He feels this should be handled on a
complaint basis. He lets his neighbors live as they wish as long
as there are no safety hazards or something where someone could
be injured.
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Council Regular Meeting
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Councilman Mitchum feels there are pros and cons on each side.
He feels car collectors have a constitutional right to own
vehicles. He stated obviously there are still a lot of things
wrong with this ordinance and he is not ready to act on it. He
feels they have had good suggestions and if this needs to be
tabled, that is what he suggests they do. We are in the right
direction because before you couldn't even own a car so I believe
this ordinance is intended to go in the right direction. He
recommended tabling this item.
Councilman Hays feels he is partially responsible for this not
being as complete as it should be. He feels he may not have done
enough research. He has heard valid points from the people in
the community. Items were brought up he didn't consider. There
are always going to be exceptions no matter how good the intent.
He commented on the verbiage regarding barriers versus just a
screening in industrial areas. He feels they are real concerns.
Councilman Hays feels vehicles sitting in a yard should be tied
to a "hobby." This is a reasonable request. There are
differences and how do we get around them. He also recommended
tabling this item. He feels they should give some consideration
to the pUblic's input.
Mayor Hayman cannot support the present form of the ordinance.
He feels there is a need to provide a safe community and ensure
that property values are retained and not diminished by unsightly
things on adjacent properties. The City needs to have an
ordinance that meets all the needs and demands. He would like to
see the city go through FLOC and Municipal Code and ask if they
have similar ordinances that have been enacted by other
jurisdictions that the City may look at.
Mayor Hayman commented on the industrial and commercial
restrictions. He commented on one owner vehicles. He will not
destroy the economic investment. He feels their work is not done
yet.
Mayor Hayman closed the public hearing.
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Councilman Hays made a motion to table this item until the
suggestions and input can be considered, second by Councilman
Mitchum.
Mayor Hayman asked that staff get in touch with FLOC and the
Municipal Code Corporation to ascertain if there are ordinances
in other cities that do similar things and asked the motion be
amended.
city Attorney storey explained they could either continue this to
some indefinite time which would then require readvertising or
you could set a time certain at this public meeting that it could
be brought back, possibly the November 6th meeting.
City Attorney storey explained staff has looked at other
ordinances and we do have those available and we can certainly
forward those to Council for review. She asked the motion be
amended to continue this matter until the November 6th meeting.
That would not require another advertising.
Councilman Hays so moved, Councilman Mitchum seconded. The
motion CARRIED 5-0.
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B. Public hearing Ord. No. 95-0-13 regarding Firefighters'
Pension Fund
Mayor Hayman stated they would be following the same public
hearing process as before.
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Council Regular Meeting
October 2, 1995
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Mayor Hayman presented the background and staff recommendation to
approve Ord. 95-0-13.
Mayor Hayman read Ord. 95-0-13.
Mayor Hayman opened the public hearing.
city Attorney storey explained this is an administrative
requirement. This is the one remaining item which would then
enable the firefighter's pension fund to proceed forward.
Mayor Hayman closed the public hearing.
councilman Hays made a motion to approve Ord. 95-0-13, second by
Councilman Hatfield. The motion CARRIED 5-0.
C. Resolution No. 95-R-21 Extinguishing drainage easements on
lot 14230. block 460 and Lot 14174, block 457. Florida Shores No.
II
Mayor Hayman commented on the attachments.
City Attorney Storey made a staff presentation. It is staff's
recommendation to retain the westernmost 20 feet for access to
the T6 canal. Mr. Fegley has asked the Council to also consider
retaining the northernmost 15 feet on Lot 14230 to allow some
flexibility in the design of that retention area.
city Attorney Storey stated the request was made on behalf of Lot
14230 but there is also a drainage easement existing on Lot 14174
that encompasses that entire lot. That is currently vacant so no
structure is affected.
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city Attorney Storey stated staff recommendation would be to
extinguish the drainage easement but for the westernmost 20 feet
and the northernmost 15 feet on Lot 14230 of block 460, Florida
Shores No. 24.
Mayor Hayman read Res. 95-R-21.
Councilman Hatfield questioned if Mrs. Thompson is knowledgeable
of all this. City Attorney Storey stated she is aware of that.
Her only concern would be if the 15 feet would continue to affect
the title. The title company did not give her a definitive
answer by the meeting.
Mayor Hayman stated he has problems with what is trying to be
done. This is exactly the same thing we discussed a couple of
days ago that we didn't want in the first place. What we have is
a retention area that the property owner of the lot north will
have his driveway come in and out of that area. He does not want
to have to move the retention area south. He doesn't have a
problem with taking 20' next to the canal but he has problems
with taking the northern 15' and retaining that on that property.
He can not support taking the northern 15'.
Mayor Hayman passed the gavel to Vice Mayor Martin for the
purpose of making a motion.
Mayor Hayman made a motion to disapprove this request because of
reasons he stated and that the city does not retain the 15' on
the northern part or the 20' on the western part of Lot 14230 and
that we in fact vacate all of that easement.
Councilman Hays asked if we approached the property owners or did
the property owners come to us. City Attorney Storey informed
him they approached us because of a title problem.
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Council Regular Meeting
October 2, 1995
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Councilman Mitchum commented on this being discussed about a
month ago. He feels the City Engineer has studied this and he
knows what we need.
Mayor Hayman stated he asked Quentin Hampton if they were aware
of this condition and they were not. Mayor HaYman commented on
the last meeting where citizens complained about the location of
retention areas adjacent and near driveways. He stated at that
meeting he said he could not support any retention area on or
near a driveway or the front of a house facing those streets.
Mayor Hayman commented on the reason for trying to retain the
piece of property being discussed. We are going to have a
workshop on October 4th to address this very situation.
Mayor Hayman's motion died due to the lack of a second.
Councilman Hatfield made a motion to table this until after the
October 4th meeting, second by Mayor Hayman.
Councilman Hatfield stated he would like to look at this after
the October 4th meeting to maybe get some clarity in changing the
15 foot that we mayor may not need.
The motion CARRIED 4-1. Councilman Hays voted NO.
CONSENT AGENDA
A. Reappointment of Reverend Dr. Lawrence Tee as Honorary
Chaplain of Police Department to respond when Reverend Miracle is
unavailable
B. Juvenile Justice Interagency Agreement
Councilman Mitchum made a motion to approve the Consent Agenda,
second by Councilman Hays. The motion CARRIED 5-0.
OTHER BUSINESS
A. Approval of Police Benevolent Association agreement - include
PEA & SPEA
Mayor Hayman presented the background for the PBA, PEA, and SPEA
agreements. The PBA ratified their contract with a vote of 14-0.
The SPEA ratified their contract with a vote of 11-0. The PEA
ratified their contract with a vote of 40-2. Staff recommends
all three contracts be considered for approval.
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City Attorney Storey informed Council the effective date is
October 1st.
Councilman Hays made a motion to approve the PBA, SPEA, and PEA
agreements, second by Councilman Hatfield.
city Manager McMahon informed Council this is a three-year
contract.
The motion CARRIED 5-0.
There was a five-minute recess at this time.
B. Addendum Number 4 to continuing Services Agreement with
Ouentin L. Hampton Associates, Inc. regarding construction of
parallel water line
Mayor Hayman presented the background for the continuing services
agreement with Quentin L. Hampton Associates Inc.
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Council Regular Meeting
October 2, 1995
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city Manager McMahon asked Council to take three actions: 1)
withdraw this request from the agenda tonight, 2) approve a
policy within our existing customer area, and 3) in withdrawing
this tonight, I am not asking you that we do not do this. I am
suggesting we wait until such time that we have filled up our
current line capacity with customers and eventually are seeking
additional customers. Between that time and now, we would pursue
agreements with people that will come on the system such as Terra
Mar who are interested in coming on the line quickly. Terra Mar
is not of urgency due to having no response from the County.
City Manager McMahon doesn't feel it is in the interest of the
City to financially project or expand the water line further
south. Oak Hill is not prepared at this time to make a
commitment.
City Manager McMahon stated we do have the opportunity for
expanding our customer base which we intended to do in providing
income to our water system from the Cory Estates people.
City Manager McMahon asked Council to narrow their thinking on
the policy that would be appropriate for any area that has not
annexed into the City. The County promised a long time ago they
were going to work with the City to provide an assessment or
taxing district so they could in fact have that water
distribution line to connect to our system. That obviously has
not been done any more than the negotiations with the County has
been furthered in terms of the $4.20. Not for one moment am I
suggesting you drop that $4.20 by one penny.
City Manager McMahon suggested that in Cory Estates, we offer to
the people that want to connect to the water system, under
written agreement, that we will provide them that distribution
system with that impact fee money and that they in turn will
reimburse the City for the cost of that impact fee along with the
rates to be established for that area. The rate I am suggesting
is the application of the state law. For those that do not want
to connect we would eventually charge them an impact fee if and
when they want to come on to the system.
City Manager McMahon stated the line is already in place. What
we are doing is making use of the investment that we already have
in place.
City Manager McMahon asked Council to narrow their thinking and
to put aside the future construction of the parallel water line.
He feels this is a fair policy.
Councilman Hays feels that is fair and reasonable. He asked for
Council's blessing to go ahead and for staff to prepare fliers to
send to the residents in the potential service area to begin
recruiting these potential customers. He suggested establishing
a phone number and a person on staff as a contact person.
Councilman Hays stated we are looking at new customers and we
need to deal with these customers like a business. We want their
business and we want to sell them water and he believes we need
to set up a little sub area to deal with that. A lot of people
he has spoken to want the water. He feels these people need to
be contacted.
city Manager McMahon stated if you decide to do this, to
authorize him to allow the engineering work to take place for the
distribution system. He asked that he be allowed to do that
through our other engineering firm. Some of that work has
already been done by Hartman and Associates.
Council agreed it would be a good idea to start contacting the
new potential customers.
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Council Regular Meeting
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Mayor Hayman feels the construction of a parallel line at this
juncture is premature. The initiative should be directed towards
our end of the big pipe. He feels they need to review, discuss
and decide on a rate schedule so we can begin to develop a
marketing plan in our service area.
city Manager McMahon stated he was asking council to approve the
rate proposal he made tonight. Mayor Hayman stated what City
Manager McMahon is saying is to maintain the $4.20 wholesale rate
and asking council to have a city rate including conventional
impact fees and also provides a 25% surcharge on top of the rate
schedule the residents of this city have.
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City Manager McMahon stated if the people below Boston Whaler
elect to pay $9.60 per thousand gallons for their water and they
want to pay three or four times what we are charging, let them do
it.
Mayor Hayman stated the next thing City Manager McMahon is asking
is to adopt a rate schedule, address the design for the
distribution system and to authorize city Manager McMahon to
direct Hartman and Associates to proceed with the distribution
system beginning at the north end and working south.
City Manager McMahon stated there would be an amendment coming
back from Hartman promptly.
Mayor Hayman feels the most desirable way to pass on the cost of
the distribution system would be through a taxing district which
was fully supported by the County Council.
City Manager McMahon has no confidence in the County. He feels
they could move on this quickly and accomplish the same thing.
city Attorney storey stated in order to establish that type of
taxing district outside of the City limits, we do require the
County to participate and actually establish the district and
hold the public hearings. The City can certainly establish the
mechanics and the costs but we would require the County to take
official action.
Councilman Hays feels they gave the County ample time to work
with us and they turned their back and walked away. I think it
is time we ran our enterprise fund as an enterprise and just got
into the business aspects of it.
Mayor Hayman commented on the funding mechanism. city Manager
McMahon informed him we would use the same system that we are
currently using.
City Manager McMahon will not get involved with renters, only
property owners, this being to protect the city's interest.
Mayor Hayman doesn't want to create a distribution system that
will cost more on street A than street B due to a different
amount of people participating. City Manager McMahon suggested
including the distribution system which is not that much more for
the entire subdivision.
city Manager McMahon commented on no longer being bound by an
interlocal agreement.
councilman Mitchum made a motion to approve City Manager
McMahon's request, second by Councilman Hays. The motion CARRIED
5-0.
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C. Councilman Hays's request to discuss ordinance re: door to
door soliciting
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Councilman Hays commented on soliciting being a problem in the
city as well as a nuisance and children being put at risk. He
feels they have an obligation to try and protect the children
even when the adults that are supposed to be aren't protecting
them.
Councilman Hays stated he has had several instances where
children have showed up at his door with plastic boxes with items
for sale. He always asks for a copy of the solicitor permit.
Councilman Hays commented on kids that showed up on his door. He
questioned where the adult was that was supposed to be
supervising. They told him she was down the road with the other
kids. He further commented on adult supervision and the late
hours kids are soliciting.
Councilman Hays feels this needs to be relooked at under
occupational licenses. He spoke about dinners being interrupted.
He feels minors should be under constant supervision. He feels
this needs to be addressed. He feels they need to look at the
time frame a solicitors permit is issued for. He feels all of
his concerns need to be addressed.
Councilman Hays stated he would like to bring this back with
formal changes in the ordinance.
Mayor Hayman agreed with Councilman Hays. He commented on
members of the Police Benevolent Association from other cities
contacting him.
Mayor Hayman commented on some people being pushy when they are
soliciting.
Mayor Hayman feels the ordinance should be looked at for phone
solicitation as well.
Councilman Hays stated he would like to get together with City
Attorney storey and share some of his opinions. He asked for and
invited thoughts and ideas.
D. Request of Volusia City-county Water Supply Cooperative to
clarify City's associate membership status
Mayor Hayman presented the background for this request. What
would be in order is that we, in writing, say that we choose to
remain an associate member.
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Councilman Mitchum made a motion to remain an Associate member
and put it in writing to the Water Co-op, second by Councilwoman
Martin.
Councilman Hays called a question on the motion. He has a
problem with acknowledging the Water Co-op. We have tried in
this city to "be cooperative" with our neighbors in the issue of
water use. What we attempted to do with the County was water
cooperative with our neighbors to the south, outside the
incorporated part of the City. He doesn't care to vote for it
because he doesn't care to acknowledge it. The only water
authority he will acknowledge is st. Johns Water Management.
The motion CARRIED 4-1. Councilman Hays voted NO.
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E. Addition to Agenda - Amendment to Group Health Insurance
Policy with Massachusetts Mutual Life Ins. Co.
Mayor Hayman commented on the addition to the agenda regarding
health insurance.
City Attorney storey explained this amendment is simply to
finalize what we mentioned to you at the last meeting that our
insurance policy with Mass Mutual similar to the Florida Health
Care will include a tiered rate and that is a change and this is
to simply make that change to the current agreement and authorize
the Mayor to execute that document.
Councilman Mitchum moved for approval, second by Councilman Hays.
The motion CARRIED 5-0.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Mayor Hayman spoke about a letter regarding the stormwater plan
of the Road Improvement Program and he is going to bring up those
comments and questions at the workshop on October 4th.
Jerry Lee commented on the concerns regarding the retainage
areas. He is not any happier about what he is seeing. He feels
29th street would look nice as a median on 1-95. According to
Quentin Hampton and Associates, st. Johns Water Management has
spoke with them according to a person there. They have been
given the o.k. to modify the drainage system because Florida
Shores is an existing development. He commented on
modifications. He questioned if the city is going to take
advantage of these options or are they aware of these options.
Councilman Hatfield stated we asked them to do this.
Mayor Hayman suggested Mr. Lee address this at the workshop.
Mr. Lee asked who said it was o.k. to eliminate streets and dig
retainage ditches. There is plenty of vacant land that could
have been purchased and converted into retainage areas which
could have cut down on maintenance costs that are going to be
incurred. How often are these areas going to be maintained. He
feels the retention pond design is a disgrace. If this continues
as planned anyone who had anything to do with this needs to be
held liable for the destruction of the Florida Shores community.
Mr. Lee presented a petition with approximately 736 signatures
against the retention ponds.
Mayor Hayman informed him we need the original petition.
Paul Jenkins, Florida Shores, reminded Council that he really
thinks they need to find some way to cover paving 22nd Street and
the other street that is now due to be paved on the north end.
He commented on some residents not getting the same equity for
their dollar.
Henry Dardinski, 2704 Sabal Palm Drive, commented on the
recycling fee increase and the amount being paid for the
recycling service. He fails to understand why there should be an
increase in the recycling fee unless there is something in the
original contract. He feels the city should consider having the
recycling taken over by City employees. He feels the recycling
contractor is getting from both ends.
Mayor Hayman informed Mr. Dardinski what happened at the last
meeting. One of the things he offered to us was an opportunity
to sit down with City Manager McMahon and staff and go over that
and go over the notion of equity and fairness. The contractor
showed a positive attitude in working with us.
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Council Regular Meeting
October 2, 1995
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Councilman Hays commented on the lack of storage and product
areas where recyclable items can be taken and turn it into
something useable again. We are just starting to get some areas
where we can do that. He showed the t-shirts made out of
recycled soda bottles.
City Manager McMahon commented on the recycled shirt costing more
than a cotton shirt does. That is because of the market. If you
are going to compete with the market, you have to compete with
what the market is offering.
Cindy Weber, 1432 Victory Palm Drive, expressed concern about the
detention ponds. She questioned how she is supposed to keep her
children away from these. She commented on her property value
decreasing. She further expressed concern with the safety of
children.
OFFICER REPORTS
City Attorney
City Attorney Storey had nothing at this time.
City Manager
City Manager McMahon commented on the changes being made to the
Community Center. He is looking into whether it would be cost
feasible to have it made cable ready.
City Clerk
Administrative Assistant Lisa Kruckmeyer had nothing at this
time.
ADJOURNMENT
There being no further business to discuss, Councilman Hatfield
moved to adjourn. The meeting adjourned at 9:30 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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Council Regular Meeting
October 2, 1995