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12-19-1988 - Regular 'W" ,..., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 19, 1988 MINUTES CALL TO ORDER Mayor David Mitchum called the meeting to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Mitchum Councilman Danny Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was the pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of December 5, 1988 - Councilwoman Bennnington moved they accept the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Res. 88-R-64 Appointing two members to Library Board; Res. 88-R-65 Appointing four members to Board of Trustees of Police Retirement Plan; Res. 88-R-66 Appointing one member to Industrial Development Board; Res. 88-R-67 Appointing one member to Merit Board; Detectives trailer; Interlocal Law Enforcement Voluntary Cooperation Agreement; and Council meeting schedule due to holidays - Councilman Fish asked to remove item 3.C. (Industrial Development Board appointment) from the consent agenda. Mayor Mitchum requested a motion to close the consent agenda. Councilwoman Bennington moved to close the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved to accept the consent agenda. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Res. 88-R-66 Appointing one member to Industrial Development Board - Councilman Fish expressed concern that the recommended nominee, Mr. Martin, might have a conflict since he's an engineer. Councilman Hatfield explained the function of the Board is to look at new businesses and assist them in coming into the City with planning and voting to be taken care of with various other boards. Councilman Fish moved they accept the recommendation for the appointment of Joe Martin to the Industrial Development Board. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Reading: There were no ordinances for first reading for this meeting. Mayor Mitchum requested a motion to go from the regular meeting to the Public Hearing. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Second Reading (Public Hearing): Ord. 88-0-29 Vacating part of Guava Dr., Block 16 - City Attorney Alvarez read this Ordinance. ORD. 88-0-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A FIFTEEN FOOT ALLEY AND A PORTION OF GUAVA DRIVE, ADJACENT TO LOT 437 AND LOT 438, BLOCK 16, FLORIDA SHORES UNIT NO.1; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Mitchum asked for audience input. ...... ..."", ORDINANCES AND PUBLIC HEARINGS (Continued) Ord. 88-0-29 Vacating part of Guava Dr., Block 16 (Continued) - Mike Coleman, 1814 Fern Palm, reviewed the plans and questioned what happens to the same alley for lots 439 to 448. Mayor Mitchum explained the 15 foot alley remains open. Mr. Coleman asked if the others would have the land dedicated to them and Mayor Mitchum replied they could request it the same as this owner did. Mr. Coleman asked if they'd move Guava west toward the railroad tracks, what will happen to the vacated part of Guava, and who owns it. Luis Geil, representative for the owner, stated that Guava is now a dead end street and his client is giving lot 449 to the City to open up that alley. He suggested Mr. Coleman could request vacating the alley at lots 439 and 440 but there's a nursery in between. Mayor Mitchum asked what this will be used for and Mr. Geil replied for stormwater retention. Mr. Coleman and Mr. Geil discussed the access with Mr. Geil pointing out it's his client's property now that they're using for access. Mayor Mitchum requested a motion to go from the public hearing to the regular meeting. Councilman Gold so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 88-0-29 - Councilman Hatfield moved they accept Ordinance 88-0-29. Councilman Gold seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Humane Society Agreement - Mr. Powers explained that the Board of Directors of the Southeast Volusia Humane Society has proposed accepting the animals for a l2-month period at a cost of $11,000 with a review at 6 months to see how it's working and, if necessary, to negotiate for budget planning for next year. He stated there was $6,300 in the budget as of October 31st in that line item and the November bill from Halifax was $1,176, which would have to be deducted, so they would have to take from contingency funds the difference to the $11,000. Clyde Mann stated that they reached agreement on the contract for $11,000 at the Board of Directors meeting which Mayor Mitchum attended. Mayor Mitchum clarified that the $11,000 covers everything for the year with a 6-month review. Mr. Mann agreed. Councilman Fish asked about the current contract with Halifax and Mayor Mitchum replied it's a monthly agreement. Chief Schumaker pointed out it's a 30 day termination but they've been in limbo since October 1st. Councilman Fish suggested they may want to give them 30 days termination notice if they decide to go with Southeast. Chief Schumaker stated they've had a very good relationship with them. Mayor Mitchum suggested January 1st. Councilman Hatfield asked if they have to make a budget amendment first or accept it and Mayor Mitchum replied they should accept it. Councilman Hatfield moved they accept it. Councilwoman Bennington seconded the motion to accept the Southeast Volusia Humane Society for one year with review at six months. Motion CARRIED 5-0. There was discussion about amending the budget at this time and Mr. Powers exlained they could amend it when the $6,300 was about to be exceeded. Analysis of Mayor/Council salaries - Mr. Powers explained that he'd surveyed 19 cities in the State comparable in size to Edgewater with the Council-Manager form of government and used cities with 11,000 to 17,000 population. Councilman Hatfield asked if these cities include their tax base since that could determine if it were equal representation. Mr. Powers replied that he didn't look into that. Councilwoman Bennington noted they fall in the mid average, and she suggested they refer this to the Charter Review Committee to put it to the vote of the people and let them decide what it should be. -2- Council Regular Meeting Minutes December 19, 1988 ... ...", UNFINISHED BUSINESS (Continued) Analysis of Mayor/Council salaries (Continued) - Councilman Fish pointed out the reduction proposed would amend the budget by about .1% reduction, and this should be put in perspective with such a small impact on the budget. Councilman Hatfield noted that the average of the 19 cities, with the exception of Temple Terrace, is $326 per month for the Mayor and $287 for Council. Councilman Fish stated he doesn't feel they're out of line. Councilwoman Bennington pointed out the expenses of doing the job right runs over what they make plus it puts them in a higher tax bracket. She again suggested it to go the Charter Review Committee for the people to vote on and have it locked in. Councilman Fish suggested it tie in with other department heads in the City. Councilwoman Bennington moved since this issue is very complicated and they're going to establish a Charter Review Committee that they leave this up to the Charter Review Committee and to the vote of the people. Motion DIED for lack of second. Mayor Mitchum reviewed the balanced budget presented and challenged the Council to consider this along with every other line item in the budget to cut some items and streamline the budget because the CIP program will need every penny. Councilman Hatfield moved they make the Mayor $350 and Council $300 per month. Councilman Gold seconded the motion. Motion CARRIED 3-2. Council- woman Bennington and Councilman Fish voted NO. Councilwoman Bennington explained she voted no because she felt the Charter Review Committee should leave this decision up to the people. Councilman Fish stated he voted no for reasons previously stated. NEW BUSINESS Tapping Industrial Potential in Volusia County - Mrs. Florence Baker, 269 Packwood Road, Edgewater, represented the Industrial Development Board, and as Director and Chairman of the Economic Development Task Force of the New Smyrna Beach/Edgewater Chamber of Commerce. She requested a resolution from the City Council to recognize their support of the TIP and to assist the Chamber of Commerce in its implementation in the community. She stated there's no cost involved and there's a sample resolution in the packet provided. Councilman Hatfield stated there's a sample resolution on page 11 of the TIP and he moved that they adopt this resolution. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Metropolitan Planning Organization and Volusia Council of Governments - Mrs. Florence Baker stated their concern was that there was no representation from the City at the MPO meetings. Councilwoman Bennington stated she had been the City's representative when she was on Council previously and she volunteered to serve again. There was discussion about the meeting dates and times. Mayor Mitchum stated that VCOG wants the Mayor as the represen- tative and he'll try to attend those meetings. He requested a motion to appoint Councilwoman Bennington as the representative to MPO. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Edgewater Landing street light impact fee Development Agreement - Mr. Powers stated they're amending the impact fee ordinance to include this with the building permit but when Edgewater Landing was formulated they didn't fall under the street light fees. He noted that Edgewater Landing's attorney and our City Attorney worked out impact fees of $60,000 and they'd receive credit for the lights they put in which are a higher aesthetic quality than normally put in by the City, with a balance due the City of $20,450. He added that they'll have the maintenance function in the development. Councilwoman Bennington asked if the City Attorney approved it and City Attorney Alvarez replied yes. Councilwoman Benningon moved they accept it. Councilman Gold seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes December 19, 1988 ...... ...", NEW BUSINESS (Continued) Requests for proposals for financial advisory services - Mayor Mitchum suggested they hold a workshop to fill in the new Council on the CIP at their earliest convenience with the City Attorney, City Manager, Gerry Hartman from Dyer, Riddle, Mills & Precourt, and the in-house engineer Gerry Ferrara. He requested this be tabled until the meeting can be set up and the citizens can be informed all along the way. Councilwoman Bennington concurred they shouldn't take action until they have a workshop and she moved to TABLE this until they have a workshop as soon as possible. Councilman Hatfield asked for a time table and Councilwoman Bennington replied as soon as possible. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mr. Powers suggested Saturday, January 21st, or Saturday, January 14th, as possible dates for the workshop. There was discussion and it was agreed this would be an introduction and briefing of the CIP. Councilman Hatfield so moved to make it the 14th. Councilman Fish seconded the motion. Motion CARRIED 5-0. Bid recommendation for land clearing for Whistle Stop Park - Mr. Powers explained they let the bids per Council's November 7, 1988, authorization and 21 invitations were sent out, 6 were received, and 3 met qualifications, with the lowest bid of $15,000. He pointed out that monies were budgeted of $20,000 in this line item. He said there's the alternative to accept the lowest bid with debris to be hauled away or accept other than the lowest bid, but he recommends the lowest bid. Councilman Gold moved they approve the bid. Councilman Hatfield seconded the motion. Councilwoman Bennington reviewed her previous questions to staff regarding environmental studies, conforming with our tree ordinance, and others, and she understood the money was not included when they explained the amount left in the impact fee monies but was already a line item in that fund. Mr. Powers agreed. Councilwoman Bennington stated she had no problem at this point based on the information she got. Motion CARRIED 5-0. Fire apparatus to replace County equipment - Mr. Powers read a portion of his December 14, 1988, Request for Council Action, for the benefit of the audience. He explained the $50,000 budgeted for a down payment and the funds available for the options selected from the fire fighters salaries for October through January. He stated there will be an annual payment of approximately $39,900 for two Class A pumpers totally outfitted with each capable of carrying 6 fire fighters to the scene with one located at each station with the entire City benefitting from the coverage. He added this could be a first step toward the capital improvements. He recommended they utilize the piggy back concept of Winter Park's bid from FMC and pay for specified equipment with unexpended fire personnel funds from October through January. Mayor Mitchum asked if the Fire Chief was in complete agreement. Fire Chief Larry Carson replied yes. Mayor Mitchum stated they're two fine pieces of equipment and Chief Carson agreed. Councilman Hatfield asked if the optional equipment is for one vehicle or two and Chief Carson replied some are for two and some are for one. Councilman Hatfield explained they're taking equipment off the one they're sending back to the County and Chief Carson agreed. Councilman Hatfield thanked Mr. Barlow, Mr. DiLeva, Mr. Iasimone, and the City Manager for clearing up his questions. Mr. Powers stated that utilizing Winter Park's bid is not circumventing any bid process. Councilwoman Bennington moved they accept the City Manager's recommendation on purchasing the equipment. Councilman Hatfield seconded the motion. Councilman Fish asked if the funds they're taking from the Fire budget will impact their ability to equip a full time department. Mr. Powers replied that through January it will not impact it. Motion CARRIED 5-0. CITIZEN COMMENTS Don Bennington asked that they buy a decent sound system since they're going to save the City about $6,000. -4- Council Regular Meeting Minutes December 19, 1988 /- ... '-" .." COUNCIL/OFFICERS REPORTS City Attorney Reports - City Attorney Alvarez had no report at this time. City Manager - City Manager William Powers had no report at this time. City Council - Councilman Hatfield requested an update on the bike path. Mr. Powers explained the bike path on 442 plan is being laid out and they'll approach the property owners in the early part of next year to get the easements. He stated the bike path on Roberts Road was discussed with the Facilities personnel of the School Board in conjunction with the new school going in and the engineer is in the process of locating that and his recommen- dation is on the south side of 30th. Councilman Hatfield asked about Park Avenue and Mr. Powers replied he'd check with the County. Mayor Mitchum asked if Clyde Mann could assist. Mr. Mann stated he'd promised Councilwoman Bennington he'd build that bike path and then he left the Council. Mayor Mitchum asked Councilwoman Bennington to take that on as a project and that they revive it. Mr. Mann assured that he'd looked into it. Mayor Mitchum asked to send a letter to the County. Councilwoman Bennington agreed she'd help in any way she can. Councilman Hatfield then volunteered for the opening on the Humane Society's advisory board. Councilwoman Bennington stated that they've had their seminar in Orlando and she suggested they have a special meeting/workshop with the City Manager to discuss ideas and long range plans. There was discussion on dates and it was agreed to meet January 4th. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. City Attorney Alvarez clarified it was a special meeting and workshop and it was agreed. Motion CARRIED 5-0. Councilwoman Bennington suggested they put on the agenda for the workshop the establishment of the Charter Review Committee. She suggested it be five members, with the City Manager, City Attorney, one Council member, and two citizens. Councilman Gold stated that he realized that he'd made an error in his voting on . the job qualifications for Finance Director at the last meeting and he moved to reconsider. He added that with the CIP going on they need the best qualified individual they can get for that job. He moved to restore to the job qualifi- cations for the Finance Director the requirement for the 4-year degree, if permissible. Mayor Mitchum pointed out that wasn't removed but they added "or 4 years experience". Councilman Gold stated he wants to remove the experience and restore it. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Councilman Fish asked that they look into a Councilor community newsletter and that the City Manager look into the feasibility of doing this to see what other cities use and the financial impact and look at whether they want to print it quarterly or trimester. City Attorney Alvarez stated the City went out for bids to several organizations and Mr. Lanier had the lowest bid and the next step was for Council to decide as it would make an impact if the newsletter would be quarterly or semi-annually. He said they looked at it in conjunction with the CIP and were to meet with Mr. Lanier and the Council to reach agreement on the cost but with the changes and the election it was left aside. He suggested it might be an item for the workshop in January and Mr. Lanier could be asked to come down and make a presentation. -5- Council Regular Meeting Minutes December 19, 1988 / / // -.,. ...."" QUESTIONS FROM PRESS Norman Billups spoke on the dangerous situation of traffic getting into the Florida Shores Shopping Center. He asked that they contact the State or County to see if they'll widen it or restructure it. Mr. Powers stated that 442 is State owned and they've already contacted DOT to widen that turn portion and all the turn portions on 442 to the City limits. Mr. Billups then asked about the used car lots and boat lots on 442. Mr. Powers replied they can't park on the rights of way and DOT issued a letter on that and will provide signs, plus he directed the Code Enforcement personnel to check into that and has spoken with the realtor/manager for the Florida Shores lands they still own who has indicated he'll continue contacting people who park on their property to remove them and if they aren't removed, they'll be towed away. ADJOURN I Mayor Mitchum requested a motion to adjourn. Councilwoman Bennington seconded the motion. 8:26 P.M. Councilman Hatfield so moved. Meeting was adjourned at Minutes submitted by: JlfJ/4& ""~ ). 1 u~_< T ~ Lura Sue Koser cy(0"' { ATTEST: ~4'-(~ l. If:z~,,~~ --A ING CITY ~ERK Approved this I I day of f/da"~ A0L/' , p. MAYOR - ZO ~ ~:!;~':&U'1/ d, _"4tL c~~ ~l~E COUN LMAN - ZON FOUR ~ /f .A . ./'Z~f', / -6- Council Regular Meeting Minutes December 19, 1988