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05-01-1995 - Regular ~ ,...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 1, 1995 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Jack 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 Lieutenant Joseph McEver Present Present Present Present Present Present Present Present Excused Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Campagnone, retired Roman Catholic Priest. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of April 17. 1995 Councilman Hatfield made a motion to approve the April 17, 1995 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) There were no citizen comments at this time. CITY COUNCIL REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon commented on a memo from him regarding outlining to Council one of the major things he would like to accomplish during the next budget year. city Manager McMahon commented on programs he would like to see implemented within the City. He informed Council he would be coming back to Council in early June with further discussion. City Manager McMahon explained a program he got from Reflection, a seminar he attended which was called Re-engineering Government. City Manager McMahon informed Council he and Finance Director Fred Munoz have been talking to bankers in and around this City. He believes a banking loan may offer the City something substantially improved in terms of economics over the bonds. If the City is successful, it will save anywhere between 300,000 and 500,000 at the outset. City Manager McMahon informed Council a meeting may need to be called to pass a resolution. ..... ...., city Manager McMahon explained the actual bond cost has come down over the past several months. He feels bank loans have improved. He informed Council he would be meeting with the bonding company tomorrow. Mayor HaYman asked when the meeting is going to be held. Mr. Munoz informed him it would be at 2:00 p.m. Mayor HaYman asked if City Manager McMahon had any idea of savings at this point based on feedback. Finance Director Munoz stated the underwriting cost would be reduced by $350,000 and the interest rate would be slightly lower. City Manager McMahon stated they talked about bidding it as one contract with two phases and splitting the phases over the two phases but all under one commitment from the bank. CITY COUNCIL Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Havman Mayor Hayman spoke about the library service in Southeast Volusia. He spoke about having discussions with the New Smyrna Beach city Manager and the Oak Hill city Clerk to ascertain if they might be interested in responding to an invitation to sit with Council in a workshop format to discuss the library services in Southeast Volusia as well as the Regional Library issue. He asked that an invitation be issued. Councilwoman Martin asked if the County would be invited. Mayor HaYman stated he has spoken with County staff and they have suggested all three cities coming to a conclusion and then go before County Council with a unified plan. Councilman Hays suggested looking at agreements from other cities. city Manager McMahon spoke about the County being in the process of putting a library in Deltona and building a library in Port Orange on land that was donated by the City. Mayor HaYman briefly commented on some of the library issues. It was the consensus of the Council to extend an invitation to New Smyrna and Oak Hill to discuss library issues. Mayor HaYman commented on the Water Co-op status. He spoke about the Water Co-op coming under VCOG and membership in VCOG would entitle VCOG members to become members of the Water Co-op. He spoke about the mission of the Water Co-op changing. Mayor Hayman commented about the cost to be a member of the VCOG and Water Co-op possibly being reduced by $7,000. Mayor HaYman informed Council that David Hood would be the new Chairman for VCOG due to the death of Mayor George Musson. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Page -2- Council Regular Meeting May 1, 1995 ~ ~ Councilman Hays Councilman Hays stated one thing that disturbs him is the County's desire to control the water in Volusia County. He feels they need to watch the dialogue and how these matters are perceived. He doesn't like the thought of the County controlling Edgewater's water wells. Mayor Hayman commented about the County being able to declare an environmental emergency under the provisions of the Environmental Emergencies in the County's charter. There was a discussion regarding Volusia County controlling the water in Edgewater. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearinq Ord. 95-0-03 Zoninq text amendment re: personal services. and consolidatinq list of permitted uses in B- 3 Hiqhway Service Business District Mayor Hayman presented the background of Ord. 95-0-03. Mayor Hayman read Ord. 95-0-03. Mayor Hayman opened the public hearing. Mr. Karet made a presentation regarding Ord. 95-0-03 concerning a zoning text amendment to include personal services in the B-3 District. Councilman Hays commented on tatooing being done on a trial basis. He presented complaints he has received regarding the tatoo parlor located at 101 N. Ridgewood Ave. He expressed concerns regarding these complaints. Councilman Mitchum also presented complaints he has received. He turned over a handwritten complaint to City Manager McMahon who will be in contact with Mr. Pate. He shared the concerns of Councilman Hays. Kevin Pate, 101 N. Ridgewood Ave., addressed the concerns of Councilman Hays and Councilman Mitchum. Councilman Hays questioned if the tatoo parlor is separate from the leather jacket sales due to minors also coming in the store. Mr. Pate informed yes it is. Councilwoman Martin asked if Mr. Pate checks I.D.'s to make sure people are over 18. Mr. Pate informed Councilwoman Martin if they are under 18 a parent or guardian has to be present or they must have a notarized consent form. Councilman Mitchum feels it is important for White Lightning to maintain the highest of standards. Councilman Hatfield stated he has been to White Lightning and it looked very well to him. He spoke about the ordinance dealing with a broader spectrum other than just tatoo parlors. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 95-0-03, second by Councilwoman Martin. The motion CARRIED 5-0. Page -3- Council Regular Meeting May 1, 1995 ...... ...., B. Public hearinq Ord. 95-0-04 Zoning text amendment to include dwellinq unit for security personnel as conditional use in Planned Industrial Development District Mayor Hayman presented the background of Ord. 95-0-04. Mayor Hayman read Ord. 95-0-04. Mayor Hayman opened the public hearing. Mr. Karet made a presentation regarding Ord. 95-0-04 concerning a zoning text amendment to include a dwelling unit for security personnel as a conditional use. Councilman Mitchum wanted to be made clear that everything is being done with a conditional use. He questioned this being done on a trial basis. City Attorney storey explained this would be done on a case by case basis and a decision could be rescinded if need be. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 95-0-04, second by Councilman Mitchum. The motion CARRIED 5-0. c. Public hearinq Ord. 95-0-05 Amendinq Code Enforcement Board Ordinance to be consistent with state Law Mayor Hayman presented the background of Ord. 95-0-05. Mayor Hayman read Ord. 95-0-05. Mayor Hayman opened the public hearing. city Attorney storey explained the need for Ord. 95-0-05 to be consistent with state Law. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 95-0-05, second by Councilman Hays. The motion CARRIED 5-0. CONSENT AGENDA A. Purchase of refuse transfer trailer unloadinq chains from American Carrier B. Confirm appointment of Jill Landreville to Firefiqhters Pension Fund Board as elected bv membership C. Fire/Rescue Department's renewal of oxyqen cYlinder lease agreement with Bi-Tech Southeast, Inc. Councilman Mitchum made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 5-0. OTHER BUSINESS A. Appointments to Construction Requlation Board Mayor Hayman informed Council they should have an additional application from Mike Bosse. Mayor Hayman presented the background and explained why this board is being established. Page -4- Council Regular Meeting May 1, 1995 ~ ~ Councilman Hays stated Mr. Corhern commented he could be struck if there are other applicants for the Architect/Engineer position due to his present workload but would like to be considered later on. Councilman Hatfield questioned how they would proceed with the appointments. Mayor Hayman suggested starting with the first position and move down the list. Mayor Hayman commented on speaking to Mr. Madole who is very interested in serving the community. Councilman Hays made a motion to approve Gary Madole, second by Councilman Mitchum. Councilman Hatfield suggested getting a consensus from Council and appointing each member under one motion. Councilman Hays withdrew his motion and Councilman Mitchum withdrew his second. Recommendations for this board were as follows: Gary Madole - General Contractor, Bob Howard - Architect/Engineer, Nancy Swiney - Property or Casualty Agent, Mike Bosse - certified Fire Inspector or Firefighter, Lester Yarnell - citizen At Large, Charles Ogram - Electrical Contractor and James Tindall - Plumbing Contractor. Councilwoman Martin made a motion to approve the members as listed above, second by Councilman Hatfield. The motion CARRIED 5-0. Mayor Hayman asked that staggered terms be settled by the Construction Regulation Board and bring it back to Council at a workshop. City Attorney Storey explained staggered terms should be established by Council. There was a five-minute recess at this time. Mayor Hayman suggested asking Mr. Fazzone to come forward to pull names out of a plastic container to determine the length of terms. The members serving for a one year term are as follows: Mike Bosse, Bob Howard, and Lester Yarnell. The members serving for a two year term are as follows: Charles Ogram and Nancy Swiney. The members serving for a three year term are as follows: Gary Madole and James Tindall. Councilman Hatfield made a motion to accept the terms, second by Councilman Mitchum. The motion CARRIED 5-0. B. Appointment to Beautification and Tree Committee due to resiqnation of Helen Janda (Tabled April 3. 1995) Councilman Hays made a motion to appoint Connie Newcomb, second by Councilman Hatfield. Councilman Hays informed City Clerk Wadsworth that the phone number on the application for Mr. Miller is a wrong number. The motion CARRIED 5-0. Page -5- Council Regular Meeting May 1, 1995 ~ ~ C. Application for off-site siqn for Porta Products corporation. west side of Dale street Mayor Hayman presented the background of this request for an off- site sign. Mr. Karet made a brief presentation regarding the off-site sign for Porta Products located on the west side of Dale street. Mayor Hayman questioned if the sign has to be able to withstand 100 mph winds per the Building Code. Mr. Karet informed him yes it does. Mayor Hayman questioned if this sign does that. Mr. Karet informed him it will before any permits are issued. There was further discussion regarding signs meeting wind load requirements. Mr. Karet stated staff had no objection to the original request. Councilman Hays questioned if there was discussion in the past regarding a temporary sign because of future visits of dignitaries. Mr. Karet explained they wanted to get a sign up fairly quickly but the size sign that they wished to put up would have been costly to do so. They felt if they were going to make an investment they ought to do it in the permanent sign. scott Porta, 117 Wilkinson Ave., further elaborated on the reasons for wanting a permanent sign. Councilman Mitchum made a motion to allow the off-site sign, second by Councilwoman Martin. Councilman Mitchum asked the current square footage in the ordinance. Mr. Karet informed him 60 square feet is the maximum. The motion CARRIED 5-0. D. Award of Tour of Horne bid to T & T Builders of Volusia County. Inc. and authorize Mavor to execute aqreement Parks and Recreation Director Jack Corder made a regarding the fund raiser for the Tour of Homes. Council one bid was received from T & T Builders County Inc. presentation He informed of Volusia Mr. Corder spoke about a field trip the Parks and Recreation Board went on to tour the contractor's model home. He informed Council they recommend approval. They are currently looking at the option of the swimming pool. The Parks and Recreation Board has recommended not to accept the swimming pool bid. If Council accepts the swimming pool, the Parks and Recreation Board would like them to look at an extra cost of screening in the back porch on the house and also putting in indoor/outdoor carpet. Mr. Corder explained the extras that are in the house. Mayor Hayman asked Mr. Corder's recommendation. Mr. Corder commented on the pros and cons. Councilman Hays feels this is a very professional presentation and he thanked Mr. Addison for that. He doesn't feel the pool is a good idea. He feels they should leave the house as it is. Councilwoman Martin asked if the walls on the outside of the house are stucco. Mr. Corder informed him they are. Page -6- Council Regular Meeting May 1, 1995 ~ ~ Councilman Hays made a motion to award the bid to T & T Builders of Volusia County, Inc. in the amount of $106,000 with 10% to be paid up front, without the pool or screened in porch and authorize Mayor to execute the agreement, second by Councilman Mitchum. The motion CARRIED 5-0. Mr. Corder asked how involved Council wants to be with the colors on the outside of the home. It was the consensus of the Council to allow Mr. Corder and Mr. Addison to take care of the color scheme. E. Mid-vear budqet review Mayor Hayman thanked City Manager and staff for the work they have done collecting the figures. He feels it will set the stage and the tone for next year's budget session. City Manager McMahon presented an overview of the mid-year budget. Finance Director made a presentation regarding the utility revenues fees. City Manager McMahon further elaborated on the mid-year budget. City Manager McMahon commented on the accomplishments of Finance Director Fred Munoz. City Manager McMahon asked Council to allow the utilities Director to move ahead and acquire the truck required for utilities as well as the backhoe. Councilman Hays made a motion to purchase the backhoe and truck. Mayor Hayman expressed concern regarding purchasing the truck and backhoe. He asked that Council be allowed some time to determine if it is economically feasible to purchase either one of the pieces of equipment. He thanked Mr. Wadsworth and City Manager McMahon for their patience. Mayor Hayman commented on whether or not all backhoes are being used at all times. He feels with the work program going on in the utilities Department, the backhoe and truck are needed. Councilman Hays again made a motion to purchase the backhoe and truck, second by Councilman Hatfield. Mr. Wadsworth asked to include in the motion that Council also declare the backhoe impact fee eligible. Councilman Hays so moved, second by Councilman Hatfield. The motion CARRIED 5-0. City Manager McMahon elaborated on comments he made earlier concerning audit reports. F. Review of disaster preparedness and readiness status bv Fire/Rescue Chief William Vola Fire/Rescue Chief William Vola commented on the status of Fire Department's and City's disaster planning efforts. Chief Vola commented on the Oklahoma City disaster and disaster preparedness. Mayor Hayman commented on the disaster in Oklahoma City as well as the tragedy in Japan. He expressed concern about the utilities operations at the Water Plant. Mayor Hayman stated he would like to see staff trained on short notice serious incidents. He commented on a disaster at Coronado Paint. He expressed concern with the railroad as well. Page -7- Council Regular Meeting May 1, 1995 ...... ...., Councilman Hays commented on hazardous material coming through Edgewater on the railroad and U.S. #1 as well as the river and not being able to deal with a major disaster. He feels this may want to be considered in the plans. He also feels the facilities need to be upgraded and a second Fire station west of the railroad tracks needs to be considered. Chief Vola commented on what is available in the case of disasters in the river. Councilwoman Martin asked if there is a central phone number to call to activate the persons trained for disaster. Chief Vola informed her that would be done through the 911 system. Mayor Hayman commented on the growth and needs of Edgewater. City Manager McMahon informed council the preliminary part of the budget would be coming to Council on June 1st. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Judith Lichter, 826 Navigators Way, commented on preparing children for disasters and the educational aspect of the disaster plan. Ken Cartisano, 106 Naranga Drive, commented on the imposition of the uniform building code regarding signs. He spoke about the cost of signs going up because of the new code. Mayor Hayman asked Mr. cartisano what he would think of an initiative where the communities of Volusia County got together and ask the SBCCI to put in the code approved wind load sign design parameters. Mr. cartisano thinks that would be great. There was further discussion regarding the costs that are involved with signs over six feet and having to have an engineer seal that the sign is going to resist 100 mph. Mayor Hayman agreed to attempt to pursue that with legal counsel and Mr. Karet. Alberta Fancoe, 512 Sea Hawk Court, stated she doesn't understand why the water deposit is so high and why it is to be kept indefinitely and why interest isn't being paid on these moneys. She asked if it is public knowledge as to the amount of money the City of Edgewater has in First Union Bank for deposits. City Manager McMahon informed her everything that is done is public knowledge. He stated they do not collect or pay interest on deposits by policy. That is a Council decision by ordinance. He stated we hold the money because we have no way of running credit reports on everyone in the City. Ms. Fancoe commented on never having problems with the utilities Commission for 17 years. She recommended her deposit be refunded to her or used for her next two months worth of water bill. City Manager McMahon stated that is a council policy by law. Mayor Hayman informed her Council would have to take action to accept Ms. Fancoe's recommendation and affect that change by ordinance. Mayor Hayman agreed to look into some mechanism to identify and recognize honorable citizens that have a history of long term payment of their bills in a timely fashion and see if there is an alternative that may be applied in Edgewater. Page -8- Council Regular Meeting May 1, 1995 .... ...", Ms. Fancoe explained the reason for her deposit being waived with Florida Power and Light was due to having a good record with the utilities Commission. Mayor Hayman agreed to inform Ms. Fancoe of what happens. Councilman Hays commented on informing Ms. Fancoe that the place to discuss her problem would be at a Council meeting under citizens comments. He did not ask her to come to the meeting to make her presentation. Ms. Fancoe stated when she spoke to Councilman Hays he did suggest that it would be a good idea to attend the meeting. She commented on people not being able to pay their water bills. Mr. Munoz commented on a conversation he had with Ms. Fancoe. He informed Ms. Fancoe on September 30, 1994 the amount collected for deposits is $314,887. Since that time it has fluctuated. Galen McClain, 3119 Queen Palm Drive, asked what the status is of paving in Florida Shores. Councilman Mitchum informed Mr. McClain of the financing of that item being addressed at this point and as soon as that is done, the paving will begin. City Manager McMahon stated right now we are looking at the first week in July. CITY COUNCIL Councilman Mitchum commented on whether the matter between Miss Peggy's and Coronado Paint has being taken care of. City Manager McMahon informed Councilman Mitchum both parties seemed satisfied. Mayor Hayman had nothing at this time. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays asked how the sign is coming along for the Water Plant. Mr. Wadsworth stated it is being engineered. ANY OTHER COMMENTS city Attorney had nothing at this time. city Manager had nothing at this time. city Clerk Wadsworth stated she needed Council to take action on the appointment of two members to the Police Pension Board due to Larry Westfall resigning and Bret ,Teitelbaum has expressed an interest in serving on that board. Gary Conroy asked to be reappointed. Councilman Mitchum moved for approval, second by Councilman Hatfield. The motion CARRIED 5-0. Councilman Hays questioned why it had to be voted on tonight. City Clerk Wadsworth explained they have been without a member since December and they have a meeting planned this week. Mayor Hayman questioned how Sgt. Westfall is doing. Lieutenant McEver stated he was in a degenerative state. Page -9- Council Regular Meeting May 1, 1995 "'W' ...., ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 9:35 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting May 1, 1995