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12-18-1989 - Regular '- """ CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 18, 1989 MINUTES CALL TO ORDER Mayor Mitchum r~l led the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mr. Maniak, Finance Director, City of Daytona, and past President of Government Finance Officers Association, presented the certificate to Ms. Karen Rickelman, Finance Officer. He noted that yearly only about 1,100 receive this certificate, with about 93 from Florida. He pointed out that Edgewater has received it for six years. He presented a plaque to be kept in City Hall for the staff. Mayor Mitchum thanked Fred Munoz and Karen Rickelman for the job they'd done. APPROVAL OF MINUTES Special Meetina of November 27. the minutes of November 27th. Motion CARRIED 5-0. 1989 - Councilman Hatfield moved they accept Counc ilwoman Benn i ngton seconded the mot ion. Reaular MeetinQ of December 4. 1989 - Councilman Fish moved they accept the minutes of December 4. Councilman Gold seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum advised there will be a three-minute time limit. GeorQe Ewina, 2923 Royal Palm, asked about the wastewater program figures. He quoted figures he had read. Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, Project Manager, explained the user fee plus impact fee and connections fee spread out would be about $44. Mr. Ewing then asked about the $11.4 million dollar figure for drainage or stormwater. Mr. Ferland replied that may have been the preliminary for paving and drainage. Mayor Mitchum advised the time limit was up and suggested he present his questions to the City Manager who will get the information for him. He pointed out they'll be looking at these things in future meetings. Councilman Gold suggested he be allowed to continue past his time limit, Councilman Hatfield and Councilwoman Bennington agreed. Mr. Ewing stated they don't have to get approval from the Council and that's not in the Charter. Mr. Ewing again asked about the $11.4 million for drainage and stormwater, and if everyone will pay for it or just the people in Florida Shores. Mayor Mitchum advised they'll be holding workshops and public meetings as they have done all alono. j.jp r1nnpn thp\I'\lp holrl n.",..,.. en ~__...~___ LL 'W' "W CITIZEN COMMENTS (Continued) Jack Spencer, 2604 Victory Palm, requested Council consider him for nomination to the Southeast Volusia Hospital District Board. He reviewed his prior experience, stating he has no conflicts of interest, will try to see quality of service provided will be maintained and improved, and will keep an eye on costs. Frank Roe, 2732 Juniper Drive, stated with 5,995 in Florida Shores and each paying $1,200 in impact fees would bring in $7 million. He suggested they put the pipes in with money they have and then levy fees. He added that interest rates will go down and they don't need to rush. Bill Smith, 2629 Victory Palm, asked why they have to pay a charge for septic tank abandonment. Mr. Johnson explained it was a cost if they went from gravity to low pressure, but not for low pressure. CONSENT AGENDA Police Chief's request to purchase 1989 used non-pursuit vehicle under Volusia County bid: Utilities Director's recommendation to reject sinqle bid received on qravity sewer system repairs. New Hampshire. West Connecticut. Oak Ridqe. and Flaqler Avenue. and to advertise for repairs to Flaqler Avenue only: Florida Leaque of Cities Leqislative Conference in Tallahassee February 8. 9. 1990: Closinq of City buildinqs at 1 pm on Friday. December 22. for employee Christmas party: and Turnbull Volunteer Fire Department's request for donation of bicycles in Police property room for Toys for Tots - Mayor Mitchum asked if Council wants to address any item. There were no comments. He requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Gold moved for approval of the consent agenda. Councilman Fish seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Capital Improvements Proqram proqress report bv Dyer. Riddle. Mills & Precourt. Inc. - Mr. Ron Ferland, Project Manager, showed a schedule of the progress. He said water system improvements are most developed and farthest along, the site was purchased and they got through the special exception zoning with Volusia County with staff and on January 11th they hope to have it through the County Council. He reviewed the next steps with Volusia County to obtain a building permit and submittal to DER for permits. He noted that facility construction will be funded with the current bond anticipation note and they'll be ready to start in February or March. He pointed out segments of the water program are funded by development as it occurs. He said transmission mains are behind schedule because aerial surveys couldn't be done due to cloudy weather. He reviewed the sizes of the lines for Edgewater Landing Phase 3 and for Elementary School M. He said the wastewater plant design is behind because they're awaiting the load designs from the State. He said they have to submit a set of design drawings to DER and EPA for review as part of the State Revolving Loan Fund requirement. He pointed out they've been working with Volusia County Health Department to get new septic tanks placed and new pumps put in so they can be retrofitted without having to find the tank and having it on the edge of the site, and the County and the building industry have been very receptive. He said they expect to come to Council in January with an ordinance for placement of septic tanks, and they're refining the piping system to reduce overall system costs with size of the line for the low pressure system. He stated they're collecting data on the stormwater master plan and the water re-use is being designed for Florida Shores, but if program costs are large, they'll look at scaling it back as re-use can be put in by increments. Councilman Gold asked about the 75 foot space Mr. Billups brought up. Mr. Ferland explained the roadways are only 50 foot wide, there' s a 10 foot separation by law for ~ate: and sewer and 5 foot. to! _~ater and re-use and you 'w' ..." NEW BUSINESS (Continued) Recommendation for appointment to Southeast Volusia Hospital Board - There were seven applicants for the position and those present gave a brief synopsis of their experience: Dr. Michael R. Blais; Ms. Pauline Ouellette; Dr. George Lacy; and Mr. John H. Spencer. Mr. Marlin Roberts, Mr. Ed Delahanty, and Mr. David Severance were unable to be present. Councilman Hatfield stated he'd talked with all seven applicants and it's a hard decision because any will do an excellent job and are dedicated and responsible. He suggested they rate them with three points for first choice, two for second, and one for third. Mr. Johnson suggested they send at least three names to the committee. After discussion, Council members did written votes and submitted these to the City Clerk for tabulation. Mayor Mitchum called a brief recess at 8:03 p.m. He called the meeting back to order at 8:09 p.m. City Clerk Susan Wadsworth read the tabulations: John Spencer - 5; Michael Blais - 3; Pauline Ouellette - 2; David Severance - 2; George Lacy - 2; and Marlin Roberts - 1. Counci lwoman Bennington moved they send in the top two. Councilman Hatfie ld seconded the motion. Motion CARRIED 5-0. Mayor Mitchum thanked everyone for participating, noting it was a hard decision. Councilwoman Bennington stated other boards will be available. Mayor Mitchum agreed they would use their expertise. Acceptance of Meadow lake Subdivision for City maintenance - Mr. Johnson stated that in 1987 the City accepted the subdivision for bond purposes and it's the City's recommendation that the subdivision be accepted. He said they have a copy of the $3,000 surety bond and it will take care of any damage that would occur in an area regarding sewer. He added a TV crew televise it and it was checked twice and is to be checked again. Councilman Hatfield moved they accept Meadow Lake subdivision as recommended by the City Manager. Councilman Gold seconded the motion. Councilman Fish expressed concern with the sewer problem as they're going to take a $3,000 maintenance bond for one year but won't inspect it with a TV camera for two years. Mr. Johnson explained they'll extend it for a year above the normal process, it was inspected twice, and it's beyond what is normally required of any subdivision. Councilwoman Bennington said the agreement is for a year beyond with an agreement to re-televise it and they'll pay for the re-TV. Mr. Johnson agreed. Councilwoman Bennington asked if the City has to pay for it at the two year period if it needs to be corrected. Mr. Johnson replied then, but that would be in the fourth year. Councilwoman Bennington asked why they want them to re-televise it at the end of two years. Mr. Ferland replied the original TV tape of the line can't be found and they noticed a slight "belly" in the line and they're extending the warranty for that piece of line for one additional year and then they'll re-televise and compare, and if there's no change, we'll accept it for operation and maintenance. He added there's low risk for that line with that system and they gave him the option of providing an additional bond. Motion CARRIED 4-1. Councilman Fish voted NO. Acceptance of sewer survey results - Mr. Johnson stated there were 5,950 cards sent out, 523 were for gravity, 1,173 for low pressure, and 334 for neither. Mayor Mitchum suggested a motion to accept the survey. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Councilman Fish pointed out that the results show 19.7% of the property owners are in favor of LPSS and he's not sure if that's a clear indication of what the people want. Motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Res. 89-R-66 Appointment to Citizen Code Enforcement Board re: James Norris (Tabled September 18. 1989) - Councilman Hatfield moved they bring it off the table. Councilman Gold seconded the motion. Motion CARRIED 5-0. w ...",." ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) First Readina: Res. 89-R-75 Cancellina reaular meetinas in January due to national holidays and reschedulina January 15 to January 10 - Mayor Mitchum read the resolution. RES. 89-R-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CANCELLING THE REGULARLY SCHEDULED MEETINGS OF JANUARY 1, 1990 AND JANUARY 15, 1990; AND RESCHEDULING THE MEETING OF JANUARY 15, 1990 TO JANUARY 10, 1990; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mr. Johnson noted there will be a special meeting on the 22nd. Ord. 89-0-39 Adoptina merit system policy, pay plan, and classification and pay schedule -Mayor Mitchum stated this is first reading and he read the ordinance. ORD. 89-0-39 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 13-29 OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER, FLORIDA, BY ADOPTING A NEW MERIT SYSTEM POLICY; A CITY OF EDGEWATER PAY PLAN; A CLASSIFICATION AND PAY PLAN AND CLASS DESCRIPTIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish asked if they have written comments from the Merit Board. Mr. Johnson replied they met and said they didn't have any problems with it and they'll have a chance to review it before final reading. Councilman Fish stated if they review it after first reading and decide to make changes, they'll have to go back through it again. He moved to TABLE it until the Merit Board has a chance to review it and make their written comments. He added he has a problem with some things. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested a motion to go from the regular meeting to the public hearings. Councilwoman Bennington so moved. Councilman fish seconded the motion. Motion CARRIED 5-0. First Readina & Public Hearina: Ord. 89-0-38 Amendina City Charter - Mayor Mitchum read the ordinance. ORD. 89- 0-38 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING THE CHARTER OF THE CITY OF EDGEWATER, BY PROVIDING FOR CHANGE OF LANGUAGE WITH RESPECT TO CREATION AND POWERS, AND BOUNDARIES AND LIMITS; BY PROVIDING FOR A CHANGE OF DATE FOR THE OATH OF OFFICE OF NEWLY ELECTED COUNCILMEMBERS; BY PROVIDING FOR COMPENSATION OF COUNCILMEMBERS; BY PROVIDING FOR A FILING FEE; BY PROVIDING FOR PASSAGE OF ORDINANCE IN ACCORDANCE WITH GENERAL LAW; BY PROVIDING FOR CHANGE OF QUALIFICATIONS; BY REDEFINING THE POWERS AND DUTIES OF THE MAYOR AND THE CITY COUNCIL; BY ESTABLISHING PROHIBITIONS FOR THE CITY COUNCIL; BY CHANGING THE VACANCIES, FORFEITURES OF OFFICE AND FILLING OF VACANCIES; BY CONSOLIDATING UNDER ARTICLE IV THE ACTING CITY MANAGER, CITY CLERK, AND PERSONNEL SYSTEM; BY PROVIDING FOR CHANGE OF TIME OF ELECTIONS FROM NOVEMBER TO MARCH; BY PROVIDING FOR A CHANGE OF TERMS OF OFFICE FOR THE MAYOR AND THE CITY COUNCIL; PROVIDING A TRANSITION SCHEDULE; BY DELETING SECTIONS 7- A, 19, 20, 22, 38, 39, 39-A, 40 THROUGH 128, 129-A, 130, 134; BY CONSOLIDATING ALL SECTIONS OF THE EXISTING CHARTER INTO SIX ARTICLES CONSISTING OF ARTICLE I, POWERS, ARTICLE II, CORPORATE LIMITS, ARTICLE III, LEGISLATIVE, ARTICLE IV, ADMINISTRATIVE, ARTICLE V, NOMINATIONS AND ELECTIONS, ARTICLE VI, TRANSITION SCHEDULE; BY PROVIDING THAT THE PROPOSED AMENDMENTS TO THE CHARTER BE SUBMITTED TO THE ELECTORS OF THE CITY OF EDGEWATER AT A REFERENDUM ELECTION OF MARCH 13, 1990; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience comments. Georae Ewina, 2923 Royal Palm, suggested they add that every City employee reside in the City which will give them more interest in the City, and give them time to move, six months or one year. Mr. Johnson explained the referendum was passed that every Department Head after that date has to live in the City but those nr;or to th-'lt rl-'ltl'> rlnn1t h:>\lO +n U", <""'~,./ "'h~ ('~.,... A......____.. .._..'..J L_.._ -'-_ '__I ...... ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading & Public Hearing: Ord. 89-0-38 Amending City Charter Councilwoman Bennington suggested they put under Administration 4.05 "All Department Heads are to live within the City limits with the exception of the ones that are already Department Heads." Mayor Mitchum suggested it be "All Department Heads shall live within the corporate limits of the City of Edgewater or move in within six months after date of probation ending." Mrs. Wadsworth said she'd pull wording from the referendum. John Siburn, Connecticut Avenue, referred to a residency clause in New York City that went to court and it was unconstitutional to require living in the City. Ken Millard, 238 North Riverside Drive, read the 1980 election reform committee's recommendation regarding amending the Charter as it reads now with elections every two years and normal November elections. He asked what benefit the change would be to the people. He noted longer terms take away the right to review their work every two years. He noted one of the duties of Council is to maximize voter turnout, which is the November election. Mayor Mitchum pointed out Council isn't advocating this, it was the Charter Review Committee with options to be voted on and a March election is just one of the options, and one is the present system. Mr. Millard stated including those ballots is perceived by the public that Council would be recommending one of these and none is worthy of Council and it's a complete error of judgement to suggest other than a two year term from November. Mayor Mitchum stated he has no problem with the system as it is but this gives them an option. He noted they had many meetings with the Charter Review Committee and had public input. Mr. Millard stated they talked to about 100 people and there are about 9,000 people. Councilwoman Bennington pointed out it went out with water bills asking them to come to meetings. Mayor Mitchum stated 34% responded on the sewer survey and people who didn't send them back don't care or are satisfied with the leadership. Mr. Millard stated the options confuse people and they lost the last Charter because of a judgement call. George Ewing stated he voted for gravity. Mayor Mitchum called him out of order, advising him this is a public hearing on the Charter referendum. Mr. Ewing stated he voted for the gravity system and he said before the vote was taken that the gravity system wouldn't succeed because it was a matter of economics and they voted because of cost. Second Reading (Public Hearing): Ord. 89-0-35 Annexing 23.4 acre parcel on Roberts Road (future Elementary School site) as recomended by land Development & Regulatory Agency - Mayor Mitchum read this Ordinance. ORD. 89-0-35 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE SOUTH SIDE OF ROBERTS ROAD, WEST OF MEADOWLAKE SUBDIVISION, EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience comments. John Siburn, Connecticut Avenue, asked if the school will be on this property. Mayor Mitchum replied it will be the Elementary School. Mr. Siburn asked who will pay for hook up to the sewer. Mr. Johnson replied the School Board, the same as anyone else, and they pay their costs. Ord. 89-0-37 AdoptinQ State Quidelines for travel and per diem - Mayor Mitchum read this Ordinance. ORn_ AQ_n_":n _ IHJ nOnTMAtM'1:" "I:" TUI:' {'TTV {,I\"U"T. n.... ~...... '-'" w ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Mayor Mitchum requested a motion to close the public hearing and go back to the regular meeting. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-38 - Councilwoman Bennington moved they accept Ordinance 89-0-38 as corrected in Art i c 1 e 4.05 reference Department Heads res i dence requ i rements wou 1 d be addressed and put in legal by the City Attorney. Councilman Hatfield seconded the motion. Councilman Fish moved to amend the motion to include Section 3.04 which deals with Compensation for Council members. Councilman Hatfield moved they strike out language in respect to raises and to be requiring any adjustment to Council compensation be put before the people in a general election. He said 3.09 under Procedures, B, any changes in format held like to read "Council shall determine its own rules and order of business by ordinance" rather than tying their hands. He noted citizens had wanted comments moved from the end to the front and they couldn't do that if they didn't have the flexibility as to how the meetings should be conducted and doesn't take the rights from the citizens. Councilman Fish moved they amend Councilwoman Bennington I s motion with the following: remove all language with respect to raises in Section 3.04, amend Section 3.09 to read "Council shall determine its own rules and order of business by ordinance thereby requiring public input and public hearing before anything can be done to change the structure of the meeting. II Mayor Mitchum passed the gavel to Vice Mayor Gold and seconded the motion. Councilman Hatfield said he has no problem with making rules by ordinance, but feels compensation should remain the same. Councilwoman Bennington agreed with Councilman Hatfield with rules, but compensation isn't a raise, it's keeping up with inflation just like everyone else and Council has the prerogative to reject it. Councilman Fish rescinded his prior motion, then moved to amend Councilwoman Bennington's motion with respect to 3.04, removing all language with respect to adjustment to Council salaries, thereby requiring a referendum vote would be basically a change to the Charter in order to decrease or increase Council compensation. Mayor Mitchum seconded the motion. Motion CA~RIED 3-2. Councilwoman Bennington and Councilman Hatfield voted NO. Vice Mayor Gold returned the gavel to Mayor Mitchum. Councilman Fish moved they amend Section 3.09 that rules and order of business will be by ordinance and striking everything after that. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mayor Mitchum pointed out the change of election from November to March sounds mandatory and held like it clarified and to be included in the motion to accept. Councilwoman Bennington said she'd asked the City Attorney if it would make it mandatory and he said no, it's still an option. Mayor Mitchum asked that it be clarified. Councilwoman Bennington moved that the Section November to March be reviewed by the City Attorney and make sure it's correct. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 89-0-35 - Councilwoman Bennington moved they accept 89-0-35. Councilman Fish seconded the motion. Ord. 89-0-37 - Councilman Gold moved for approval. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. COUNCIL/OFFICERS REPORTS tit.y Attornev - Citv Attornpv Alv.:\Y'':>7 'AI;tc OVr-IIC'Orl +"'^'" .f."'~~ ~~~...~__ , .. '-' ... COUNCIL/OFFICERS REPORTS (Continued) City Manaaer (Continued) Mr. Johnson stated the CIP Committee recommended securing proposals for an advisor to review financial aspects of the bond issue. He noted their contract with A. G. Edwards provides they'll step down as financial advisors and become underwriters. He said the Committee recommends the CIP Committee be the reviewing body and come back with recommendations to Council on January 10th. He pointed out the financial advisor does not work for a bond house, but works only for the City and recommends a program. He said the RFP provided to Council will be sent out and will be reviewed at a January 3rd meeting of the CIP. Councilwoman Bennington asked if theylll pay for a financial advisor out of the bond. Mayor Mitchum replied helll work for the City and not anyone else and itls a safeguard as recommended by the CIP Committee. Councilman Hatfield moved they give the City Manager the right to send out the RFP's for the CIP Committee to review. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum stated Mr. Conway is a different representative of A. G. Edwards and held like Council to extend a motion to make it formal to accept Terry Conway as a representative of A. G., Edwards working with the City. Councilwoman Bennington questioned how the transition took place. Mayor Mitchum explained theyld hired the firm. Mr. Conway stated the representatives from the Naples office have gone elsewhere and pursued other interests, and as an employee of A. G. Edwards he was sent to take over those responsibilities and closed the Naples office and moved to Tampa. Councilman Hatfield moved they accept Terry Conway as their representative. Councilman Fish seconded the motion. Motion CARRIED 5-0. City Council - There were no Council reports at this time. Councilwoman Bennington wished everyone a Merry Christmas. DUESTIONS FROM PRESS Jennifer Halperin, News Journal, asked how much a financial advisor will be paid. Mayor Mitchum replied itls part of the proposal. ADJOURN Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 9:10 p.m. Minutes submitted by: Lura Sue Koser A~~~~~ MAYOR " OM - ZONE T ~ ~. ^ ~Y~1f lj~" COUNCILMAN - ZONE FOUR ~ ATTEST: ~i ~-y--- rTTY (', Lnv J