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06-05-1995 - Regular ....... .""." CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 5, 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 Police Chief Lawrence Schumaker Present Present Present Arrived at 7:08 p.m. Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dean Hampton, Bella vista Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Councilman Mitchum made a motion to approve the May 15, 1995 minutes, second by Councilman Hatfield. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays had not arrived yet. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman stated later in the meeting he was going to comment on the recent developments of the Water cooperative and ask for feedback regarding the situation. Councilman Hatfield Councilman Hatfield had nothing at this time. ~ W" ..." PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First readinq Ord. No. 95-0-06 Amendinq section 19-1 (utility deposit. service charqe and transfer fee) Mayor Hayman presented a brief background on the reason for this amendment. Mayor Hayman read Ord. 95-0-06. City Attorney Krista storey presented the background of Ord. 95- 0-06. Councilman Hays arrived at 7:08 p.m. Councilman Mitchum made a motion to approve Ord. 95-0-06, second by Councilwoman Martin. The motion CARRIED 5-0. B. Res. No. 95-R-08 Establishinq policy of termination of utility services upon request of landlord even thouqh utility bill is current Mayor Hayman read Res. 95-R-08. City Attorney storey presented the background of Res. 95-R-08. Mayor Hayman questioned if this pertains to residential property only. city Attorney storey stated that is staff's suggestion at this point. Councilman Hays commented on bringing this forward. He commented on the landlords who contacted him who have had problems with tenants who stuck them with fairly sizeable water bills. He feels inasmuch as we hold the landlord responsible for the water service, it should be at the landlord's discretion when the water is turned on and off. Councilwoman Martin questioned how the water can be turned off if the bill is current. Councilman Hays elaborated on Councilwoman Martin's concerns. Councilman Hays made a motion to approve Res. 95-R-08, second by Councilman Hatfield. The motion CARRIED 5-0. CONSENT AGENDA A. Calculations of Incurred but not reported claims by Wakely and Associates at cost not to exceed $1.100 B. Florida Shores Roadway Improvement proiect selection of Geotechnical Consultant C. Replacinq transmission in 15 yd. dump truck for $2.941.70 by sole source. Volusia Truck & Tractor in Ormond Beach D. Approve payment of $7.000 to Ernst and Young LLP for final close out audit of State Revolvinq Fund loans and qrant E. satisfaction of Lot pavinq lien Councilman Mitchum made a motion to approve the consent agen~a, second by Councilman Hays. The motion CARRIED 5-0. Page -2- Council Regular Meeting June 6, 1995 W' 'WJIf OTHER BUSINESS A. Edqewater Volunteer Fire/Rescue Association's request for donation to offset cost of fireworks for Fourth of Julv George Barlow, President, Volunteer Fire Department, made a presentation regarding his request. He asked for $6,000 to offset the cost of the fireworks. Councilman Hays commented on for the past several years, requesting New Smyrna Beach to participate in the fireworks. The last comment he heard from them was they didn't have it in last year's budget but would put it in this year's budget. He asked if Mr. Barlow has heard anything on that. Mr. Barlow stated he sent a letter to New Smyrna and he talked to Mayor Musson shortly before he passed away. He stated it was not approved in their budget this year but to send another letter and it would be included next year. Councilman Hays commented on the increase in the cost for fireworks every year and he wished there was some way to encourage the other communities to help to make it bigger and better. He feels the other communities aren't taking the City serious and they should try to plan a joint effort. Councilwoman Martin wondered if there are other cities that do this and have we inquired how they fund the fireworks. Mr. Barlow stated he hasn't checked with other cities on that. Mayor HaYman suggested tabling this and direct the volunteers and staff to coordinate with Oak Hill and New Smyrna and ask them to cooperate. Councilman Hays stated he wished they would have had this discussion a month ago because there isn't time to do that. Fire Chief Bill Vola commented on the funding in Port Orange, Daytona Beach and Ormond Beach. Councilman Hays stated he would support this this year but he won't support it next year unless the other cities are willing to chip in. Councilman Mitchum agreed with Councilman Hays' concerns. Councilwoman Martin suggested obtaining a donation from the Chamber. Councilman Hays made a motion to grant the Volunteer Fire/Rescue Association $6,000, second by Councilman Mitchum. The motion CARRIED 5-0. B. Edqewater Volunteer Fire/Rescue Association's request to discuss hirinq opportunities. acquirinq station on Manqo Tree. and City to insure. maintain and provide fuel for pick up truck City Manager McMahon explained two items have already been taken care of, hiring opportunities and the pick up truck. Mr. Barlow stated he understands there are qualifications and if the Fire/Rescue Association has personnel with those qualifications, he requested they be considered first. City Manager McMahon stated administratively, they do consider the volunteers first. Page -3- Council Regular Meeting June 6, 1995 .... ."",., City Manager McMahon commented on the pickup truck and the fuel. Mr. Barlow explained the pickup truck that was taken care of in the past by the City has been retired and their intention is to get another one but they wanted to make sure they would have the same opportunity. City Manager McMahon commented on the proposal to sell the existing fire station on Mango Tree to utilities and to set the money aside for constructing a new Fire station #2 which is needed in a more strategically located area. He urged Council to consider and approve this request. utilities Director Terry Wadsworth explained the need and use for the Fire station property to increase the wastewater plant. He commented on not having a building to house equipment. He commented on possibly utilizing the lake for make up water for reuse. He commented on this property being impact fee eligible. Mr. Wadsworth commented on the value of the property, including the building and land, being worth between $180,000 to $220,000. Mayor Hayman spoke about items that were taken out of the CIP to cut the cost. Mayor HaYman commented on a list of capital improvement programs that Edgewater needs. Mayor Hayman supports the Fire Department and the need for another facility. Mayor HaYman feels a facility needs to be designed to take care of the utility equipment. Mayor HaYman stated before he votes to do it yes or no he has got to see the CIP and have the assurance that the City is not robbing Peter to pay Paul. Mr. Wadsworth commented on the development of the CIP over the next few years being a couple of reports pending with the engineers. He commented on the funds for Fire station #2 and the land acquisition being solely done through wastewater. Councilman Hays spoke on the need for a new fire station. He feels we need to move ahead with this. Councilman Hays made a motion to approve the concept of doing this, second by Councilman Mitchum. The motion CARRIED 5-0. C. COPS FAST Grant Award Police Chief Schumaker made a presentation regarding the COPS FAST Grant program. Mayor HaYman asked when the computer cable will be in place between the Detective Division and the Police Department. Chief Schumaker stated as soon as this is finalized he will make arrangements to have the computer cable put in. Mayor Hayman asked if it is funded and budgeted. Chief Schumaker explained it wasn't funded and budgeted because they didn't know they were going to get it until December but they have saved more than enough to cover the first year's obligation. He received a letter from the Department of Justice indicating they prefer this person to be hired shortly after March 1st but that they were willing to extend the three year period from whenever the City does hire him to whenever the expiration date of the three years runs out. Page -4- Council Regular Meeting June 6, 1995 ... ." Mayor Hayman stated he doesn't want someone to be put on board and not have the hardware and software in place for them. Chief Schumaker stated it will take approximately eight weeks to do the background and have interviews and get the person picked for the task. Councilman Hays asked if this would be someone outside or someone already within the department. Chief Schumaker stated it would be a forty hour week instead of a forty-two hour week but it would be opened up to the department. Councilwoman Martin made a motion to accept, second by Councilman Hatfield. The motion CARRIED 5-0. D. Advertisinq aqreements for Tour of Home fund raisinq proiect Parks and Recreation Director Jack Corder explained he is seeking authorization from the Council to consider giving the Mayor authority to sign agreements for advertising to avoid having to come back to Council with each agreement. Mayor Hayman questioned Mr. Corder's budget. Mr. Corder stated his total advertising budget is $15,000. Councilman Hatfield made a motion to approve, second by Councilwoman Martin. The motion CARRIED 5-0. E. Tour of Home safe deposit box lease aqreement and certified corporate resolution for depository authorization Mr. Corder explained it is a bank requirement that they have a resolution on the authorization on signatures. He explained it has been reviewed by the City Attorney and sent to Council for authorization. Mr. Corder explained First Union is donating the safe deposit box. Councilman Hatfield suggested adding Mayor to the list. Councilman Mitchum asked how many trips Mr. Corder is anticipating. Mr. Corder explained they have not sold tickets yet but they have already collected $3,930 just from the coupons that have been sent in. Councilman Mitchum stated he would feel better if Finance Director Munoz were involved with this. Mr. Corder stated Mr. Munoz could be added to the list. Councilman Hatfield made a motion to approve with the addition of Mr. Munoz added to the list, second by Councilwoman Martin. city Attorney Storey asked for clarification regarding requiring one representative from Parks and Recreation and one representative from the Finance Department or any two people but to just add Mr. Munoz to the list. She explained the actual individual must be designated. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Edward Keenan, 1905 pine Tree Drive, commented on the Fire Department raising the money to do the fireworks. He spoke about a town he lived in where the fireman stood at the entrance to the town and collected donations from people coming to watch the fireworks. Page -5- Council Regular Meeting June 6, 1995 '-" ....., Councilman Hatfield asked where Mr. Keenan was from. Mr. Keenan informed him Ogdensburg, New York. Mayor Hayman asked for an opportunity to discuss the Water Co-op situation after the Officer Reports. There was a five-minute recess at this time. OFFICER REPORTS city Attornev City Attorney storey stated late last week they received a declaration of impasse from the PBA. The items that are still at impasse were identified and she would be bringing that item to them at the next meeting for a resolution of the impasse on the police contract. She stated she believes we are still at impasse with the PEA and hopefully that will also come to the next meeting and resolve it for this year just in time to go into negotiations for next year. Mayor Hayman asked if they would hear the request from the LDRA at the next meeting. City Attorney Storey stated that is tentatively scheduled for the next meeting. Mayor Hayman explained he was asking from an administrative standpoint because if there is an excessive meeting they will be there very late. city Attorney commented on there only being around four or five impasse issues that are outstanding. City Manager McMahon recommended if the meeting becomes late to continue the meeting until the next meeting. City Attorney Storey stated the Fraternal Order of Police has renewed their petition to become the new bargaining agent for the Police union. city Manaqer City Manager McMahon stated in the road improvement program process we have gone out for bids and we are expecting those back by June 28th. The Council will be asked to look at the first recommendations that come in and make the determination on moving ahead. He is hoping to be under construction by the end of July or the first of August. City Manager McMahon asked the newspaper reporters to make a note of that. city Clerk City Clerk Wadsworth had nothing at this time. COUNCIL REPORTS Councilman Hays Councilman Hays commented on the reuse program and the drought we have had and having to decrease the hours of service for the reuse water. He would like to see the City put a pump in the lake at Mango so that we can pump and use that as part of a reuse water source during dry spells and during rainy seasons be able to pump back into it as a reservoir to eliminate the effluent going into the river. Councilman Hays stated if Council agrees, he would like staff to start working up prospective on this. Page -6- Council Regular Meeting June 6, 1995 'w' ..."." Mayor Hayman stated he supports that. He has had a different response from the public such as severe criticism regarding the pressure and shortage of the reuse water during a drought. He feels they need to have plans in place during a drought situation or impose restrictions on the city. councilman Hays commented on when the reuse program first started and not knowing what to expect. He feels they are learning as they go along and they should start planning for the next part of that. He feels they need to make use of some of the big lakes within the community. Mr. Wadsworth commented on the study with Hartman and Associates addressing everything the Council is talking about and they should be coming back to Council next month with a preliminary report. They are especially looking at storage and withdrawal from that lake. Mr. Wadsworth addressed the pressure problem. He explained the items being addressed are being looked into. Councilman Hays commented on tobacco products. He explained City Attorney storey is working on an ordinance addressing tobacco products and hopefully within the next month that will be brought to Council. He would like to have Council's support on this matter. Councilman Hays spoke about the decrease in tobacco use for adults but the increase in tobacco use by minors. Councilman Hays explained he would like to see some teeth in the state ordinance and a mechanism so we can try to stop this generation or a generation from tobacco use. Councilman Hays further commented on the use of tobacco products by minors. Mayor Hayman expressed support but would also like the impact of secondary smoke in public places to be addressed as well. Councilman Mitchum councilman Mitchum had nothing at this time. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Mayor Havman Mayor Hayman commented on a letter from Jack Ascherl and steve Dennis from the Chamber regarding the naming of the new north bridge as the "George Musson Memorial Bridge." Mayor Hayman commented on a thank you letter from DarIa Zakaluzny regarding obtaining the three-way stop signs at the intersection of 30th street and silver Palm Drive. Mayor Hayman spoke about a letter from The Florida Senate regarding SB 526 concerning the annexation of enclaves by local government. He stated SB 526 failed to pass through the legislature this session. Mayor Hayman commented on the events that have transpired recently from the Water Co-op. Page -7- Council Regular Meeting June 6, 1995 'W ...., Mayor Hayman spoke about the need for a strategic plan, funding st. Johns River Water Management, conservation of water, capital improvement programs, and 100% participation. Five out of fifteen cities are no longer members of the Water Co-op. Mayor Hayman spoke about the accomplishments of the Water Co-op. Mayor HaYman stated he is seeking Council's support regarding the continuance of the Water Co-op. Mayor HaYman stated he is seeking support for Edgewater to become a member of a Cooperative organization called the Volusia Council of Government. The fee for membership would be based totally on the percent of population of the County as is the fee schedule for VCOG. The fee for Edgewater would be in the neighborhood of $7,000. The fee currently paid for VCOG is in the neighborhood of $5,000. The total fee would be somewhere in excess of $12,000 based on 100% participation. Mayor HaYman stated he is seeking Council's support to continue to negotiate to affect the change in relationship of the Water Co-op as part of the VCOG family. Councilman Mitchum stated he supports the concept. He questioned what the money is going to be used for. Mayor HaYman elaborated on Councilman Mitchum's concerns. Councilman Mitchum feels they have created a bureaucracy that just funds a salary. He feels they are back where they were. Mayor Hayman asked for Council's support to bring st. John's River Water Management in to provide a more detailed background. Councilman Mitchum agreed to support this. Councilwoman Martin does not feel Edgewater needs to belong to the Water Co-op. Councilman Hays needs more time to absorb some of the comments made by Mayor HaYman. He discussed the issue of administration. He feels we do not need to create another entity. He feels they need to take whatever steps are necessary to protect the city's investment for the citizens but at the same time they need to be realistic. There was a brief discussion regarding water restrictions. There was a discussion regarding Mr. Feaster's role. Councilwoman Martin feels the money that is used to join a Water Co-op could be used to build another wellfield. Mayor HaYman elaborated on Councilwoman Martin's concerns. Councilman Hays feels in order to accomplish what needs to be done in Volusia county, one member of each Council needs to be selected to work with st. Johns to accomplish anything that the Water Co-op can do. He doesn't feel we need to bring in other people because they know what the problems are. Mayor HaYman stated not at the next meeting, but at the following meeting, he would have Mr. Feaster, Mr. White and Reed Hughes present. On the 14th, he has been asked to come to the st. John's River Water Management District to discuss these issues. He would also ask the Director of st. Johns to be present as well. Councilman Hatfield asked how the people that represent each individual city are chosen. If someone is going to control his water usage, he wants to be able to elect that person. He has a real problem with that. Page -8- Council Regular Meeting June 6, 1995 .... .."", Councilman Hatfield feels they need to continue a dialogue at some given point. Councilman Mitchum stated he supports Mayor Hayman's efforts on Council's behalf. Mayor Hayman expressed concern about losing the authority to influence the outcome of the water issues. ADJOURNMENT There being no further business to discuss, Councilman Mitchum moved to adjourn. The meeting adjourned at 8:49 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting June 6, 1995