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01-03-2000 - Regular 'Y ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 3, 2000 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter Legal Assistant Robin Wolf City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved. PRESENTATIONS/PROCLAMATIONS/PLAQUES A. FIND Update. Dave Roach and Mark Veenstra City Manager Hooper informed Council FIND's attorney, Mr. Webster, requested some time to appear before Council. David Roach, Executive Director and Mark Veenstra, Engineer, are present to brief Council on the current status of the FIND project. David Roach, Executive Director, Florida Inland Navigation District, presented a history of the FIND project, informed Council what FIND is, what they do, the location of the FIND project and presented an update on the status of the project. Councilwoman Lichter asked how they plan to get into Phase II. Mr. Roach explained the agreements they have made at this point is FIND will totally finance phase I, which is a $2 million investment. Phase II, is an approximately $1 million infrastructure investment, at which time they haven't committed any funding to. Initially they were looking and did submit, in conjunction with the City of Edgewater, a grant for federal funding to build Phase II. That grant was unsuccessful. They will be looking at forming a partnership with the City or DBCC to raise that capital to effectuate the development of Phase II. Mr. Roach went on to speak about their goals when they got involved with the project. Mayor Schmidt asked if they have a timetable when their work starts. Mr. Roach informed him right now they are in the final design of Phase I and that final design will be completed at the end of February. They have not submitted the applications as of yet for the permits required to build the project. The engineer is estimating that is a four tq six month process to obtain the permits. We are looking at the process extending out to construct~on initiating sometime in October of 2000. 'W' ...., Councilman Brown asked who will be in charge of security around this when they are pumping that stuff into that place. He asked if they will be responsible for fencing this area. Mr. Roach assured him the site would be fully secured. During operations there will be someone on site 24 hours a day. The site will be posted pursuant to law in terms of no trespassing. They don't anticipate that being a problem. Mr. Roach stated the engineer is here in case Council has any questions in that regard. City Manager Hooper stated Council has asked a time or two about odor. Mr. Roach stated there is no odor problem. The amount of organic material that is going to be placed in this site is going to be negligible and then it is going to be dewatered very quickly so it is not wet and continuing to try and decompose. What goes in the site is approximately 80% fine grain sand, 15% silt, and less than 5% organic material. Councilwoman Lichter asked if this is a continuous process or if it happens in intervals at certain times. Mr. Roach explained it happens in intervals. This particular area of the waterway they are estimating needs to dredged about once every fifteen years. There was further discussion regarding dredging and the need for sites along the 374 miles of intracoastal waterway due to in 50 years not being able to purchase enough land to build one of these sites. Councilwoman Lichter asked City Manager Hooper to point out on the map where Phase III is. Dick Jones, 1530 Sabal Palm Drive, asked with the delay of the construction of the FIND site in Oak Hill, will that extend the period of time they will be dredging. Mr. Roach stated they have experienced an eagle problem at the Oak Hill site. They don't anticipate that putting any further demand on this particular site here. Councilwoman Lichter asked if there is any chance grants could be resubmitted for Phase II. City Manager Hooper stated they are resubmitting the grant. B. Economic Develooment Board reauestinq a $500 contribution for costs, associated with an Economic Develooment svrnoosium Adelaide Carter, Vice Chairman, Economic Development Board, presented the request of the Economic Development Board. Councilwoman Lichter stated she thought this was for our members to attend the meeting. Ms. Carter explained it is actually for putting the meeting together. She commented on who has been asked to contribute. City Manager Hooper asked if any other cities have committed. Ms. Carter stated the Southeast Chamber is putting it together. Mayor Schmidt asked exactly what will be going on. Ms. Carter commented on what will be going on at the symposium. City Manager Hooper informed Council on Friday, January 7th, there is a meeting with Frank Roberts, himself and the Mayor or City Clerk from Oak Hill to make the agenda and work out what is going to be on the agenda for the symposium. Councilwoman Lichter questioned giving a commitment before they know what it is about and the other cities that are going in. Page -2- Council Regular Meeting January 3, 2000 ~ "will' City Manager Hooper spoke about there being a problem with the timing. They want to hold the symposium on February 12th and the Council meetings again on February 7th. He would like to find out more about what is going to be presented but that is one week before they are actually going to be spending the money. Councilwoman Rhodes asked if they could okay contingent upon contributions by the other cities. City Manager Hooper stated they could okay it authorizing the Mayor or City Manager to make the final decision and have it contingent upon reviewing the symposium agenda. If we are consistent with it, then authorize it. Councilwoman Lichter stated if it is questions that any incoming business can call the Chamber and get answered, she doesn't think they should be putting this kind of money into it. If it is a unique twist with that information plus, then she thinks it is worthwhile. She hesitates voting on this this evening. Councilman Vincenzi asked what she meant by something unique. Councilwoman Lichter presented examples of what might be unique. She feels if it is a step forward with economic development not just an answering of questions she would be for it. City Manager Hooper asked if February 12th is a set date. Ms. Carter stated she didn't know. She imagines it was cleared with the Chamber being free. City Manager Hooper suggested requesting the Council see the agenda, what is going to be accomplished and what the goals and objectives are and then vote to spend the money. Councilman Vincenzi asked if there is any indication of who would be attending. City Manager Hooper stated he thinks the invitations were to Chamber members, the City Council from New Smyrna and Oak Hill, the County Council and the Economic Development Boards of all of those areas. City Manager Hooper also feels some of the business leaders to be part of that. Councilman Vincenzi stated he would like to know more about who is attending and what the agenda would entail but he wouldn't be opposed to conditionally approving spending $500. City Manager Hooper stated the range is within the City Manager's authorization to spend he just doesn't do this without bringing this back to Council. If Council would like, he could look that over, address it with the Mayor, talk to Tom Alcorn some and at that point see if we could delay it or get a better agenda. Based on the review of that, they could make that final decision. If that is acceptable with Council, that is more than fine with him. There was a consensus of Council to do as City Manager Hooper suggested. C. Discussion of the City of EdGewater's Risk ManaGement plan concerninG accidental release prevention at the Water and Wastewater Plants, Ted Hortenstein, P.E. City Manager Hooper informed Council Ted Hortenstein would be addressing some of the mandatory requirements when you have dangerous chemicals at the water or sewer or have been mandated by stated and federal agencies to do studies, inform the public and then hold public hearings. Ted Hortenstein, Division Manager for Water & Wastewater Department for Dyer, Riddle, Mills & Precourt, made a presentation of the Risk Management Plan and the federal and state mandates associated with it. He showed Council, on a map, where the Water and Wastewater Plants are located. Page -3- Council Regular Meeting January 3, 2000 'W' ...." Mr. Hortenstein spoke about regulated chemicals that are used and went over the risks to Edgewater and emergency response teams. The risk is very minimal to the community. He commented on the sole focus of the plan in case of an emergency. They have met the requirements of EPA. Councilwoman Rhodes asked if it is realistic to expect that you could evacuate the surrounding area in time in the case of a catastrophe. Mr. Hortenstein commented on worst case scenarios. He spoke about some communities enclosing their facilities. He feels the real risk is in the transport of chlorine. Councilwoman Lichter asked what our situation is now and if we are going to increase the risk. Mr. Hortenstein stated the only thing they have done is reduce risk because of programs that have been implemented. This plan has been submitted to EPA. There was further discussion regarding the document itself explaining what to do in the case of a chemical leak. Mr. Hortenstein explained they took all the programs that were in place and tied them all together. We had to go through an approval process with the Volusia County's Fire Department and Edgewater's Fire Department to make sure everybody was on board with what is being said and now it is just one plan, kind of like the hurricane preparedness. Mayor Schmidt asked Terry Wadsworth, Environmental Services Director, if everyone at the plants is trained with this and knows the do's and don'ts in case of an accident. Mr. Wadsworth commented on the training program and volumes at the plant of the report that is supposed to reviewed periodically. Mr. Hortenstein explained in the report there are forms that on an annual basis have to be filled out by the treatment personnel documenting that they have gone through an update on training or if they are a new hire that they have been notified of the risk of dealing with chlorine but also what to do in case of an emergency. These are documented procedures. He briefly went over emergency procedures. Councilwoman Lichter asked if it is being recommended in the future that there be more distance between residences and plants of this sort. Mr. Hortenstein stated if he could design cities from scratch he would certainly recommend that. Due to there being no further comments, Mayor Schmidt informed Mr. Hortenstein he appreciated the presentation. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, spoke in opposition to sending our sewerage down to Oak Hill. She doesn't understand why the City has to bribe them to buy our water when they need our water. She further spoke about losing our reuse water because they will be dumping it on the ground. She spoke about future growth. She feels they should put the lines in when they need them. The County has already admitted that for ten years they are going to lose money. We don't just live in Edgewater, we live in the County. She feels this is something that needs to be looked into. Mike Visconti, 316 pine Breeze Drive, would like the Council to try and save the medians on SR 442. He isn't against widening SR 442. He is against the fifth lane, which is a turn lane. He would like to see a five-foot divider left and the palm trees saved. He referred to an article in the newspaper on Sunday entitled 'How Much of Natural Florida Will Survive?' He asked Council to save our trees and the medians. Page -4- Council Regular Meeting January 3, 2000 '-'" ..""" City Manager Hooper presented a status report on where we stand with SR 442. The 90% plans will be completed in another two months. This is a DOT road and DOT is legally obligated to design it under certain standards. He spoke about meetings held by DOT. They have given us $100,000 for beautification. It is way past the ability to change even if it were in your jurisdiction. At this point, it is really not. There is an effort to take some of the palms that are there and move them to the side and try and use them to hide the light poles. DOT has said they will look at that. They have also offered us the opportunity of a matching grant. He spoke about doing landscaping on the sides of SR 442 closer to U.S. #1 and 1-95. They are looking at next year bidding for construction, the entire length from 1-95 to U.S. #1. Councilwoman Lichter stated the Council before the last one that she served on originally voted to have the medians remain in the center. The citizens that lived on the streets that were going to be closed came out in mass to make sure that their roadways were not going to be closed, even if it meant the middle median being eliminated. They changed to plan B because at that point they still could. She went on to speak about plans drawn by Mike Tanksley, Chairman of the Recreation/Cultural Services Board. She thinks realistically they have to deal with what they have and try to work with that or they won't have anything. City Manager Hooper stated it is an old road going through an old subdivision. You would never, under any modern standards, approve a road with that many cross-streets every 150 feet. There are only so many options and neither option is very pretty. He feels if they went in and said let's re-evaluate, they would take the money and build a different road. Councilman Brown asked if anyone has every done a survey on the five-lane highways to find out how many head-on collisions you have. City Manager Hooper explained there is an on-going warrant study that talks of signalization to slow it down, traffic calming devices which raise that center median and paint it. He spoke about the very stringent guidelines DOT has. Mayor Schmidt asked if the fifth lane right now has any of the raised concrete or is it just a fifth lane with a lot of paint. City Manager Hooper stated it is a fifth lane, painted both sides, arrows constant left and right turn. Simple enough to raise. That is one of the issues that is in the letter that they have talked about. Raising the road also has its disadvantages. Ed Keenan, 1905 Pine Tree Drive, spoke about safety on SR 442. He stated he heard the $100,000 has been raised to $200,000. City Manager Hooper stated it is still $100,000. He stated there are nicer palm trees around than those in the median. He spoke about the palm tree arrangement in Port Orange. Mr. Keenan spoke about the history of SR 442. He feels the plan that is going through now is the best one they could come up with to be a safe road. Mike Visconti spoke about when you go down to 407 going to Orlando. The first road you hit is a two-lane highway. The you hit the two-lane with the median in the middle and feels it is much safer driving. He spoke about how the current plan came to be. He spoke about the highway dividers in other cities. Doug Kennedy, 175 Gary Ave, Oak Hill, informed Council that Item 22 on the County Council agenda this Thursday pertains to Edgewater. He wanted to be sure that Council was aware that last week with their vote that they authorized them to spend $400,000 to build your pipeline all the way down to Ariel Road without any competitive bids. Page -5- Council Regular Meeting January 3, 2000 ~ ......, City Manager Hooper explained when they talked about it last week, they were clear that first they were using their existing contractor that was done through competitive bids. Mr. Kennedy stated there has never been a bid released for the pipeline between Edgewater and Hacienda and the 201 Facility that was in public meetings for the County. City Manager Hooper stated there hasn't been. Mr. Kennedy stated well then this project has never been opened to bid. City Manager Hooper explained the project was bid through the contractor of the County. He was awarded and had to find the unit cost. He honored those prices to us through the competitive bid, same process. He commented on the way this is worded on the County Council agenda. If there is any change in their permit condition that says they can't build the plant or any of the items promised, we would stop at that point. Your promise and agreement is to budget and appropriate. All that means is we have set aside the money, they have authorized expenditure of the money but until there is a permit and viable project, we aren't going to write them a check. Mr. Kennedy suggested it be read because what the City has done is hired the County to administer and put that pipeline in for Edgewater and have agreed to pay the bills they submit. His only concern is if Council is aware they have already spent the money. Councilwoman Rhodes stated but does that not eliminate a lot of redundancy to do that. If the County has already bid and gotten the lowest bid for the County, why would Edgewater go through that whole process if we already have access to the information we need in order to do it. Mr. Kennedy stated this sewer project was dead at one point. He feels a lot of contractors out there didn't bother to go back through it because they lost the assessment district. They thought it was allover with the state revolving loan fund. He stated the City is now in a legal situation where the money has to be paid or the City will be sued. Councilwoman Rhodes stated they were in a legal situation before they even took office. The City of Edgewater had a contract with the County, signed, sealed and delivered before we took office. She stated she would be happy if Mr. Kennedy would bring us some new concrete facts, in writing, that they could deal with. Councilwoman Lichter asked if what the County did was legal without going out to bid again. City Manager Hooper stated sure, it is legal for the City to piggyback on the same contract. Councilwoman Rhodes stated she would be happy with some new concrete information that she could base a different decision on. Mr. Kennedy asked to make an appointment with Councilwoman Rhodes to go over the information he has and show her the discrepancies he has. City Manager Hooper informed Mr. Kennedy he needs to somehow show that the County has violated a permit, that they don't have a permit to do what they want to do or that permit could be rescinded. Mr. Kennedy stated the whole contract was based on correcting a recorded public health hazard. There isn't one. City Manager Hooper stated this Council has asked him to come back with proof from DEP, either from the financial or permitting side, that they are willing to say no to the County. Mr. Kennedy stated he's got the financial side in the front seat of his car. Councilwoman Lichter stated they have not written a check and they decided when they met last that there was time involved here. If the State acts as fast as they have with the boat in the river, it will be a good six months or year before they do anything. Mr. Kennedy stated this will move very fast. That is why the Council is approving the contract at their next meeting. Page -6- Council Regular Meeting January 3, 2000 '-" ....." Councilman Brown stated isn't it more up to Oak Hill to jump in if they think this is so unsafe. Mr. Kennedy stated Oak Hill is doing that. He can not speak for Oak Hill. They have sent registered letters to the State requesting the people show up and justify what they are doing. Doris Hill, 112 Lincoln Road, suggested Mr. Kennedy go to the County Council meeting and talk to the County Council people. She doesn't think they are aware of the consequences of this whole thing. She thinks the City should not have entered into this agreement because she feels it is a bad deal for the City. Mr. Kennedy stated we did not come here to ask you to break any contracts. When I came here last week, I asked you to exercise their option of the contract. Councilman Vincenzi asked Mr. Kennedy if he would be going to the Council meeting. Mr. Kennedy stated no, he's been there, done that. Larry Arrington has pretty much control. It won't be on the agenda and they wouldn't even address it. Jim Ward has been notified with it. The problem with the Council was the one's that were informed, which was Jim Ward, which this is his district and we concentrated on and Ann McFall, who also has part of Oak Hill, that we educated to what the problems were voted no. The other five are up in the other side and it didn't matter. The Council told them if they don't build this they are going to lose the cement plant development and they are $5 or $6 million into tax dollars with that. They need that to get free sewer for whoever comes in in that development. City Manager Hooper stated he attended the same meeting. He answered questions for the County Council. He thinks they were fully informed. He thinks Mr. Kennedy was right that there were some changed votes and he thinks Edgewater has something to do with that. They saw we were interested in becoming partners with them and it changed, at least Big John's mind, who spoke to him. He was pleased to see Edgewater as part of joining his team to put together water and sewer for that whole Southeast Volusia to have economic development. Mr. Kennedy stated what confuses him is that two years ago Terry Wadsworth was down there convincing us that you could provide us better and cheaper service and we were ill informed at that time and we said we don't care who gives it to us, just give us the best. Now we are back to where we aren't going to get the best. We were asked by Edgewater to join in years ago. We've steadied the course and Edgewater did the flip on us six months ago. Don Gillespie, 1719 Willow Oak Drive, spoke about the trash and garbage collection. He feels they do an outstanding job. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated she asked City Manager Hooper about the sign for the Florida Shores Clubhouse. He thanked him because he looked into it. They found the old sign that may not be useable but they are going to make one or get one together and they are going to be able to have an indicator where their clubhouse is. City Manager Hooper stated something is going there but he hasn't figure out yet what. Councilwoman Lichter stated one of the Code Enforcement Board members is concerned if they are going to have a lawyer on board for the next Code Enforcement meeting. City Manager Hooper stated they probably will not at that point. He will attend the next meeting and work with them. Page -7- Council Regular Meeting January 3, 2000 '-" ....,; Councilwoman Lichter asked if on January 10th, which is their goal setting meeting, if perhaps Planning and Zoning and maybe Economic Development might participate. She feels the need that they might help them prioritize. City Manager Hooper suggested this is Council's Work Session. He would prefer to sit and talk with the council and for them to help him understand what they want to do over the next couple of years. They will develop priorities to that and then they will talk about how to fund some of those. The other's can be involved. Certainly they are invited to be there. But he feels they will have a plate full enough just to get through that. Councilwoman Lichter read an article about history and informed Council they have a very exciting opportunity to be involved in the Florida Division of Historical Resources with Port Orange, the County, Oak Hill, and Edgewater has been sending a member, Mike Tanksley, to the meetings. Lynne Plaskett has already identified in Edgewater some possible archaeology sites that might be remains of the British colony that was founded by Andrew Turnbull. She gave Council a book to read. She, Mike Tanksley and Lynne Plaskett will be attending the meeting on January 10th to find out what is involved in being part of that dig that is already going on. We may very easily fit in with this type of grant situation. Councilman Brown asked how they stand with City Manager Hooper staying with the City. He was curious because he wanted to make sure City Manager Hooper doesn't run off. City Manager Hooper stated he isn't going anywhere. Councilwoman Lichter stated you aren't going with the County are you. City Manager Hooper stated he has been asked that way too many times. Even Mr. Kennedy has tried to infer that is why we did the deal with the County, was he was going to take Larry's job which he told Council he has no desire to do. What he is going to suggest later on is that the Mayor and a couple of staff folks be appointed to sit down and negotiate and at least have a good discussion as to where they go. He is here through the next meeting without any doubt so nobody is going anywhere. Councilman Vincenzi had nothing at this time. There was a ten-minute recess at this time. Mayor Schmidt asked for an update on the boat ramp. Parks and Recreation Director Jack Corder stated they have been dealing with FEMA on the boat ramp because it was damaged during the storm. The west dock was put back in place last Thursday. It is in operation. We do have two of the three in full operation. In our talkings with FEMA, there is a possibility they might fund completely the east ramp, which will be changed to an aluminum ramp, a floating dock with handicap accessibility. They are all open and useable right now. There is a short piece laying on the side but people are using that dock even though they have blocked it off they keep tearing it down. Mayor Schmidt stated a gentleman that lives on Sea Hawk Court came up to him and informed him they have some road issues. He didn't seen overly pleased with the response he has gotten so he told him he would bring it up. There are some pot holes. The way it sounds, it is one of those streets that might call for our attention. City Manager Hooper asked if he had a name and phone number. He agreed to take care of this. Mayor Schmidt spoke about a letter in the Observer. He thanked Mr. Keenan for the press time he gave him in this and gave the Council. He is not part of a group, he has never been part of a group, and he has no strings attached to his back. As we are a group that wants to bring this City together and the headline on the article is Attorney's Firing Payback to Militant Group. Page -8- Council Regular Meeting January 3, 2000 '-" .." Mayor Schmidt stated we know the militant group is referring to the Edgewater landing people. Some of the nicest, hardest working, most pleasant volunteering people that this City or any other City will ever see. If you are going to do editorials or do something, let's try and do it for the good of the City. The Attorney's firing was a business decision. He doesn't apologize for it being the last minute on the agenda. He spoke to Mr. Hooper and Ms. Clayton. He feels he did what he needed to do as a representative of this City. He is sorry if some people felt it was one of those last minute things. It wasn't a payback to anybody. Everybody knew it was coming. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq, Litiqation Counsel recommendinq approval of proposed Settlement Aqreement and Dismissal with Preludice, and authorizinq execution bv the City Manaqer City Manager Hooper made a brief staff presentation. Mr. David Kornreich, 255 S. Orange Avenue, Orlando, legal counsel, elaborated on the case of Noni Warrell vs. City of Edgewater. Plaintiff's counsel sought voluminous discovery, numerous documents, and is in the process of taking and scheduling numerous depositions, which makes this a good time to talk about whether they want to continue or accept what he regards is a reasonable settlement. The amount of the settlement proposal is $30,000, with $11,516 going to counsel and $18,484 going to Ms. Warrell in terms of her alleged damages. Ms. Warrell is suing the City for back pay. She has been off for 3 V2 years from the City. He spoke about the cost to fight the case as opposed to settling. He recommended Council approve the proposal. It constitutes a complete release of all claims. Ms. Warrell waives any right to come back to work or reapply at any time to the City of Edgewater. We would convert her termination to a resignation. He again recommended Council approve that settlement. Councilwoman Rhodes stated she doesn't see how we can justify spending $100,000. We don't have the option that were we to win that she would be paying our attorney fees do we? Mr. Kornreich stated he is holding a judgement on behalf of Volusia County that is some 25 years old where they did succeed in winning a case like this on summary judgement. It was $25,000 attorney fees judgement against the plaintiff. The County has yet to collect it. The last time we did one of these for the City and we were successful, we did achieve summary judgement in the same Federal Court. Keep in mind our fees were paid for by an insurance company. The City did not bear that burden at all. Mayor Schmidt asked how this opens us up in the future? Does everyone start coming out of the woodwork? Mr. Kornreich explained years ago we never settled any of these cases. Some of his major private clients have told him never a cent because it does open the flood gates and you get the reputation of settling. Unfortunately, it has gotten so expensive to defend the cases, we have had to become more practical. He would rather fight. He enjoys that more than telling the City to give someone some money. City Manager Hooper spoke about some of the things that staff 1S doing to have consistency such as updating our policies. Councilwoman Lichter feels you have to take each case, reading every line and reading under every line. She thinks a $30,000 settlement in this case is a good business deal. Mayor Schmidt opened the public hearing. Due to there being no comments, Mayor Schmidt closed the public hearing. Page -9- Council Regular Meeting January 3, 2000 "-" ."., City Manager Hooper stated the motion would be to authorize the settlement as described in the agreement. Councilwoman Lichter made a motion that they accept their litigation counsel's recommendation to approve the attached settlement and authorize us to pay Ms. Warrell the $30,000. motion is not based upon the merit of the case but upon what feels is the best business action for the City. Councilman Vincenzi seconded the motion. The motion CARRIED 5-0. That she B. 2nd Public Hearinq, Joe Martin, authorized aqent for Scott and Jennifer Porta, is requestinq final Development Aqreement approval for 200, 210 and 220 Dale Street City Manager Hooper made a staff presentation. approval. Staff recommends Councilwoman Lichter stated she feels it would be a good idea when they come up with this kind of thing that Economic Development also give us their thoughts on these matters in the future. She knows conceptually they have approved it. They have something in writing from Planning and Zoning and feels it would be very helpful if they had something in writing from Economic Development. City Manager Hooper explained they have sufficient cash but they are going to be looking for probably a bank loan to secure this and some of the other improvements they are talking about with FIND Phase II and some of the sewer agreements the Council hasn't seen yet that are coming in with the Massey Airpark. Those would be paid back out of pledges to budget the appropriate out of General Fund. Councilwoman Lichter stated she thought there was more time leeway in this. A longer time frame than a year. City Manager Hooper explained the time frame is narrowed down because they are going to work to put that road, water line and sewer line in. She commented on what they are going to get out of it. We will be able to profit from the industry that gets put in there and it will help our tax base. It also shows the business industry we are serious about expansion. Councilwoman Lichter spoke about Florida Shores residents having to pay 1/3 and the tax base paying 1/3, why are we paying the total money for this road. City Manager Hooper elaborated on this situation as opposed to the Florida Shores situation. He compared the taxes paid by residential compared to commercial and industrial. Mayor Schmidt stated as we move this infrastructure out that way, we know we are going to keep going. This isn't sort of dead-end size pipes where we are going to develop problems. We will be able to easily continue from here. City Manager Hooper elaborated on what has happened in the past and the way infrastructure is put in now. This will service a large area that has a master plan in place. Mayor Schmidt opened the public hearing. Doris Hill, 112 Lincoln Road, spoke about the tax base. She thought the City of Edgewater voted to abate to some extent the ad valorem taxes on business and industry if they hired over a certain number of people. She is not speaking against this project. She just wants to get that straight. She thought the people in this City were the only City to vote to give business and industry an abatement on their taxes. Page -10- Council Regular Meeting January 3, 2000 ........ ...." City Manager Hooper stated there is an ordinance that had been put in place. Only one applicant has tried to take advantage of that. This is not one that would be taken advantage of. All of its increased ad valorem would be into the City's benefit plus any of the other offshoots to that. Ms. Hill asked if they are eligible for that. Ms. Plaskett commented on criteria that has to be followed. There is only one business in Edgewater that has taken advantage of that. Ms. Hill asked if Mr. Porta's business would be eligible for it. Ms. plaskett explained she could not answer that question because the site plan just came in. That has been out there for a number of years and only one business has taken advantage of it. Joe Martin, spoke on the ad valorem tax exemption. There are certain requirements that have to be met that are mandated by the State that each applicant must be evaluated on their own merits. If they meet all of that criteria, it is still up to Council to approve or disapprove any applicant. The State mandates that you can grant an exemption of up to 100% on any improvements put in place for certain types of jobs and higher pay scales. Each case would be evaluated on its merits. Any business that owns the property could be eligible for that exemption. A tenant in a building could not apply for that exemption. These are considered on a case by case basis. City Manager Hooper spoke about this being an economic development incentive package. Dominic Capria, 606 Topside Circle, stated he is not against this project. He went on to speak about tax dollars being spent. He spoke about the assessment in Florida Shores being 1/3, 1/3 and 1/3. Originally it was supposed to be 50/50. He is from Edgewater Landing and it was not 1/3, 1/3, 1/3, it was 100% annexation that they paid for their own streets. Scott Porta, 210 Dale Street, stated the water line is as big as they could make it. He was required to put in an 8" water line and the city paid an extra $14,000 to up size it to 12". He spent an extra $7,000 running it about 600 feet farther than he needed to so it could reach the next owner's property, in the interest of future development. He is giving an 80 foot right- of-way and the property for the lift station, which they have also, in the interest of future economic development, placed at the far end of Dale Street. His interest is to see the City grow. City Manager Hooper spoke about a similar piece of property at 46 and 1-4 where the Towne Center Mall and Heathrow are now. He spoke about future growth. He predicts the City will see this investment well worth it and see a return pretty quick. Ed Keenan, 1905 pine Tree Drive, stated he met Mayor Schmidt at a meeting with Congressman Mica. He gave him some positive ideas and he sees he used them in the newspaper article. He would like to see Edgewater grow and thinks there is potential for it. He feels Mr. Porta has a unique business and potential for new technologies that will bring more business, jobs and industry here. Councilwoman Rhodes moved for approval, second by Councilman vincenzi. The motion CARRIED 5-0. Page -11- Council Regular Meeting January 3, 2000 '-' ..", C. 2nd Public Hearinq, Attornev Marv Hansen, authorized aqent for Golden Star of Central Florida, Inc., is requestinq final Development Aqreement approval for Roval Oaks Community Park, 800 W. Park Avenue City Manager Hooper made a brief staff presentation. Planning and Zoning recommends approval. Staff and Councilman Vincenzi stated he took a ride out there the other day. Is there any comment on the type of development or landscaping that is going to be out there? City Manager Hooper explained that will come back through the Land Development Site Plan review process. Mayor Schmidt asked if the people in the park will own their own lot? He was informed no they would not. Mayor Schmidt asked if there were any comments. Mary Hansen wished everyone a Happy New Year and let Council know they were available to answer any questions. This park was developed well before the Land Development Code came into place and a big part of the development agreement you are approving tonight is intended to bring it and up grade it into the 21st Century. Mayor Schmidt stated if there are no comments, he looks for a motion. Councilwoman Lichter moved for approval of the final development agreement for Royal Oaks Community Park, second by Councilwoman Rhodes. The motion CARRIED 5-0. CONSENT AGENDA A. Citizen Code Enforcement Board Appointment - Councilman Vincenzi's appointment to the Board to fill the remaininq term of Sonla Wiles, who had missed five out of the last six meetinqs B. Janitorial Services - Police Department recommendinq approval of a 4th Amendment to Aqreement for Janitorial Services provided bv Kathleen DeRosier for $150 per month C. Vehicle Purchase - Parks and Recreation/Maintenance requestinq approval to purchase Chevrolet Maintenance Van from Gateway Chevrolet-Mazda for $17,225 (Budqeted item/$18,680) D. Equipment Purchase - Environmental Services requestinq approval to purchase three lime slurrv pumps for Water Treatment Plant from Watson-Marlow-Marlow/Bredel for $16,800 (Budqeted item/$18,000) E. Equipment Purchase - Environmental Services requestinq approval to purchase a 4 X 2 3/4 Ton Ford F150 Pickup with heavy duty towinq packaqe from Duval Motor Company for $16,620 (Budqeted item/$17,000) F. Enqineerinq Services - Environmental Services requestinq approval to award preliminary desiqn enqineerinq services for reclaimed water facility improvements to Honeycutt/PEC Enqineers for an amount not to exceed $20,915 (Budqeted item) G. Risk Manaqement Plan - Staff requestinq City Council's acceptance of the RMP Page -12- Council Regular Meeting January 3, 2000 '-' ~ City Manager Hooper brought Council's attention to Item F. The company he is with is a sub-consultant to the company that does the survey work. They have been doing work for the City off and on for the last two years. He is not involved in negotiating the contract. He wants to point it out publicly that is the company he is affiliated and part owner with. City Manager Hooper informed Council what items go on the Consent Agenda. Councilman vincenzi asked to have Item A removed and ask the Code Enforcement Board to review their own applicants and make their own recommendations. Councilwoman Lichter made a motion to approve the Consent Agenda eliminating Item A, second by Councilman Brown. The motion CARRIED 5-0. City Manager Hooper asked Council if they want it routine to make sure that all the applications go back through the appropriate boards and they make the recommendations. Councilwoman Rhodes stated in her case, one application had not been seen by the board and she wanted them to see all of them before they made a recommendation. City Manager Hooper stated some boards make recommendations and some boards don't. He asked for Council direction. It was the consensus of Council for all boards to make recommendations for appointment. City Manager Hooper asked Council if they want the recommendation on the Consent Agenda, Board X recommends Joe and that is in front of you or do you want so it is their option but they are told who Board X recommends. Councilman vincenzi stated he would like a recommendation from the board but he would also like to see all the applications. It was the consensus of Council to reserve the right to pick any of those but they want to see who the board recommends. OTHER BUSINESS A. Transfer of Funds - Police Department requestina approval to transfer $4.933.90 from the Law Enforcement Trust Fund into the General Fund for the purchase of six body armor vests City Manager Hooper made a staff presentation. This is not a budgeted item. Staff recommends approval. Councilwoman Rhodes moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. B. Sludqe Disposal - Environmental Services requestinq approval to 'piqqvback' aqreement between H & H Liquid Sludqe Disposal. Inc. and Florida Water Service Corporation for Edqewater sludae disposal (+$70.000) City Manager Hooper made a staff presentation. There was a discussion regarding how the City saves money by piggybacking. Mayor Schmidt expressed concern that we have some type of knowledge where the sludge is being dumped and it being legal. City Manager Hooper explained the sites have to be permitted through DEP. Councilman Vincenzi moved for approval, second by Councilman Brown. The motion CARRIED 5-0. Page -13- Council Regular Meeting January 3, 2000 '-' .." C. Joint proiect Aqreement between Edqewater and FDOT (SR 442) - requestinq authorization for Mayor or City Manaqer to execute Aqreement for utility relocation City Manager Hooper made a staff presentation. Councilwoman Lichter asked why they are getting to this stage when there are so many parts of the road they don't agree on. Shouldn't they get those things settled first? City Manager Hooper stated the parts that we are disagreeing on are details but they are really very minor. They will adjust those plans and match our criteria or their own criteria. They want to know we are serious about this and are going to pay our fair share of the utility relocation. Nothing happens until they finalize the 100% plans. We will get another shot at those. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Manager Hooper informed Council of the Y2K compliance. It didn't present anyone locally a problem. This morning when he got here they checked every computer and electronic media we have and we found nothing that tells us we had any glitches. The Police Department and Fire Department were on standby New Year's Eve night. Despite the problems with service and response from HTE, the City had no problems with their system. We checked all of our bank records and we have the same amount of money today that we had Thursday. Mayor Schmidt asked City Manager Hooper if he knew overall what Y2K cost us. City Manager Hooper stated for us it cost about $150,000 because we bought a new computer system. The old system that we had could have been brought up except they didn't make the Y2K compliance so we were forced into a new purchase. Councilwoman Rhodes stated when you are talking about computer system are you talking about software. City Manager Hooper stated he is talking about hardware and software. City Manager Hooper informed Council we have reached the point when architectural designs are complete, the bids are complete and construction is underway at the gYmnasium. He asked for Council direction and requested from the Mayor appointment of either himself or a designee to be on the committee with Jack Corder and the architect to make the final selection on exterior colors, interior colors, tile, and carpet. The architect has a list and set of samples and makes a recommendation. There are two choices and everyone as a group could do that or he recommends someone be appointed. Mayor Schmidt stated if Councilwoman Rhodes and Councilwoman Lichter are willing, he would like both of them to be involved with Mr. Corder. City Manager Hooper stated if there are two members on there, he would have to post the meetings. If there were one we wouldn't and that is why he asked for one but he doesn't have any problem with that. Councilwoman Rhodes stated just let Councilwoman Lichter do it. She trusts her. Councilwoman Lichter would rather they post the meeting and both of them go. City Manager Hooper spoke about appointing a group to discuss his potential contract. He suggested the Mayor or his designee, the Personnel Director and the Finance Director from staff negotiate his contract. Page -14- Council Regular Meeting January 3, 2000 '-" ....., Councilwoman Lichter asked about sometimes there is another manager involved. City Manager Hooper stated usually the other managers are involved with short-listing and the selection. Mayor Schmidt agreed to be the one to negotiate. Seek Council direction concerninq selection process for City Attornev responses City Manager Hooper informed Council we now have six applicants for legal counsel. He presented Council with a list of the six firms. He asked Council for direction on where they go from here. They could appoint staff members to talk to, screen and bring three or four in for interviews or they could talk to all six themselves. This person works directly for Council, not the City Manager. He asked Council if they would like a reduction of three or four. The committee could probably be the Finance Director, himself and Robin to do a short-listing. Councilwoman Lichter asked if they are all firms, even when one individual name is listed. City Manager Hooper stated it is a firm in the fact that it is a legal law firm with an individual with handful of paralegals and a handful of support staff. He thinks Mr. Webster's firm is similar. Because it is still a firm, he has access to other co-counsels. He has worked with four of the six firms. He asked council how they would like him to proceed. Councilman Vincenzi would be in favor of having staff make a short-list. Councilwoman Rhodes and Mayor Schmidt would like to interview all six. Councilwoman Lichter asked if they made any stipulation that we wanted one person to be with us all the time. City Manager Hooper described the advertisement. City Manager Hooper stated if Council wants to interview all six, he should give Council a summary of what their applications are describing, tell them what disciplines they are working for, and tell them what cities in Volusia County they represent so they have a fact sheet on all six. Councilwoman Lichter would also like to hear from all six. City Manager Hooper asked about a half hour with fifteen minutes of questions. Councilwoman Lichter asked about Donna McIntosh already representing the City. City Manager Hooper explained Ms. McIntosh represents the City in the one case with Mr. Barrett. She is available and has offered to help on any other things we wanted. Councilwoman Lichter asked if any of the others have been attorneys for the City before. City manager Hooper stated Judson Woods was an attorney for the City from 1975-1981. Ms. Wolf stated Foley & Lardner also did on personnel issues. Councilwoman Lichter asked if this would be done in public. City Manager Hooper stated the interviews would be. He suggested Council hear all six and narrow it down from there. When you get down to one or two, you may want to ask individual questions. Councilwoman Rhodes suggested they could possibly narrow it down from the fact sheets. City Manager Hooper stated if they would like to consider that, he could have the facts sheets ready before the work session. He informed City Clerk Wadsworth she would have to post it on the work session that they are going to take that action. Page -15- Council Regular Meeting January 3, 2000 ..", ...." Mayor Schmidt asked if the work session starts at 7 p.m. City Manager Hooper informed him 6 p.m. CITIZEN COMMENTS/CORRESPONDENCE Dick Jones, 1530 Saba1 Palm Drive, spoke about the selection of nominees for City Boards. He spoke about when he served on the Economic Development Board and including the selection of applicants in their by-laws. When it came before Council for approval, one member of the Council convinced the rest of the council to change that wording to where Council made that selection. He believes Council should allow the different boards to make their own nominations. Doris Hill, 112 Lincoln Road, feels the boards are very important to the operation of the City. She feels it is important to put the right people on those boards. This hasn't been done in eight years and it was done tonight. She applauds Council for that. Mayor Schmidt asked if they are going to want to look at including that in all the boards by-laws. City Manager Hooper explained the by-laws are proposed by each of the boards and are brought back to Council. They can look at the by-laws and where there are questions send them back to the appropriate boards and have them make the recommendation back to Council. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:03 p.m. Minutes submitted by Lisa Bloomer Page -16- Council Regular Meeting January 3, 2000