06-05-1995 - Regular
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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.
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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.
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Council Regular Meeting
June 6, 1995
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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.
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Council Regular Meeting
June 6, 1995
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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.
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Council Regular Meeting
June 6, 1995
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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.
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June 6, 1995
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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.
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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.
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June 6, 1995
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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.
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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
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June 6, 1995