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12-07-1998 - Regular .... .."", ". CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 7, 1998 7:00 P.M. COMMUNITY CENTER IIINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter City Attorney Nikki Clayton 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. PRESENTATION OF PLAOUES/CERTIFICATES A. Plaaue/Certificate from Government Finance Officers Association for excellence in financial reportina for the fiscal year ended September 30. 1997 Mayor Allman presented Finance Director Karen Rickelman with a plaque from the Government Finance Officers Association. This is the 15th year in a row the City has received this. APPROVAL OF MINUTES A. Reaular Meetina of November 16. 1998 Councilman Gornto stated he improperly used the word arcane. It should have been archaic or antiquated. councilwoman Lichter made a motion to approve the November 16, 1998 minutes, second by Councilman Roberts. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Mayor Allman welcomed back councilman Hammond. Henry Dardinski, 2704 Sabal Palm Drive, made comments regarding the suit of Associates of Meadow Lake vs. City of Edgewater. He suggested no settlement discussion on negotiations be undertaken pending clarification of the following: 1) when and how did Perry Barrett obtain the authorization to bring the suit in question, 2) at the time the alleged inverse condemnation damages were incurred, did Barrett or the Association of Meadow Lake hold title to the parcel of land which sustained the flooding in question, 3) the parcel of land is in a regular low lying mass of land extending from 28th Street to Roberts Road between Whistle stop Park and Meadow Lake Subdivision, which has been designated as a flood plain area by st. John's Water Management Commission, what monetary damages were sustained, if any, by the residents of Meadow Lake and/or Perry Barrett as a result of the temporary flooding of said area, 4) the alleged excessive flooding was caused by a blockage of a '- ..., natural run off of service water from the flood plain area under Roberts Road to a canal running from the South side of Roberts Road between Indian River Elementary School and the proposed Surrey Ridge Development. If it can be shown that Perry Barrett caused this blockage in question, his culpability would negate his claim for damages. He feels Mr. Barrett shouldn't be suing the City, the City should be suing him. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about Item 8B. He recommended to the Council the Florida Family Restoration Center as being worthy of their acclamations and praise. He is concerned with using taxpayer money to make a donation. He recommended this be endorsed and that Council make donations themselves and perhaps ask the citizens of the City to make contributions. Dick Martinez, 317 Schooner Avenue, addressed the update on the Perry Barrett suit in the city Manager's report of the agenda. It is well known that Perry Barrett has twice run candidates in the expectation of controlling City government. Now he has three members of the Council obligated to him. The citizens of Edgewater believe he expects a payback. He has a $460,000 claim against this City for property he did not own at the time and which the residents of Meadow Lake thought was their common area. That is the question the Council should be investigating tonight. Councilman Gornto asked Mr. Martinez to explain the ending of his letter that was in the Letters to the Editor section of the newspaper. He did not understand the last sentence that stated 'When you look behind a curtain, you find it is all done with smoke and mirrors' and asked Mr. Martinez to elaborate on that. Mr. Martinez stated he didn't think he would and feels he could understand from the allegory that residents who attend these meetings see one face of the Council but it is obvious there is another face. Mr. Martinez explained he would be glad to discuss it with Councilman Gornto in private. Councilman Gornto stated his letter was to the editor and didn't understand why he couldn't explain it now. Mr. Martinez feels he has explained it. Mike Visconti, 316 pine Breeze Drive, sfoke about a packet he presented to Council on September 10 h regarding who owns the property in Meadow Lake. He spoke about two suits on tonight's agenda. Mr. Visconti spoke about the lawsuit regarding the Sunshine Law violation filed by the News Journal. He questioned if they should move on or settle. Mr. Visconti spoke about Perry Barrett suing the City back in 1994. He feels it is only fair that the City settle the UTE lawsuit and that Mr. Barrett withdraw this suit from the city. He would like to see the City move forward in the future for the betterment of the City. He wished the Council a Happy Holiday. Andy Anderson, 1730 pine Tree Drive, spoke about Item 8A. He doesn't feel the City should pay one dime. He doesn't feel the City is guilty of anything. He feels what is alleged to have happened didn't. If you payout any money, this is going to be a partial admission of guilt. He thinks a counter suit would be appropriate for deformation of character. Page -2- Council Regular Meeting December 7, 1998 ..... ..", CITY COUNCIL REPORTS Councilwoman Lichter asked city Attorney Clayton about the action they took in terms of Mr. Hooper. In 4-11 of the charter, it does say the Manager shall reside in town but Council may waive that requirement. She asked if this is a different circumstance or if they should waive the requirement. City Attorney Clayton explained why she feels this is a different circumstance. Councilwoman Lichter spoke about the Charter Review Committee handing the Council a recommendation that a Manager reside in the City. She wants to make sure they are legal under what they did by not waiving the requirements. City Attorney Clayton doesn't believe a waiver is called for when you contract with an organization whose domicile can't be changed in order to provide services. Councilwoman Lichter spoke about the Water Alliance meeting she attended and plans that are in the works for a water plan for Volusia County. She spoke about the cities that will have a water problem by the year 2002. Edgewater looks pretty good at this moment. Councilwoman Lichter also attended the senior meeting. There will be a senior services expo on January 29th from 11:00 a.m. to 4:00 p.m. at the Daytona Beach Community College at the New Smyrna campus. Councilwoman Lichter spoke about the Volusia County Business Development Corporation. She feels it is time to contact them to find out what is going on due to Edgewater not being on their list of projects. Councilwoman Lichter spoke about where Eckerds used to be. People have contacted her with suggestions of businesses to go in at this location. She has spoken to City Manager Hooper about contacting Jerry Fox and seeing if we can pursue this. Mayor Allman spoke about the New Smyrna Beach High School playoff game Friday evening. He feels there is quite an Edgewater contingent on this team. He asked City Manager Hooper to contact the New Smyrna Beach City Manager and see if there is something they can do, possibly at Rotary Park, to honor these boys. Councilman Gornto stated he was under the impression winn Dixie was going to enlarge into where Eckerds used to be. Councilwoman Lichter asked City Manager Hooper to check it out. Councilman Hammond stated he received some phone calls regarding putting Christmas decorations in the old part of Edgewater. Councilman Hammond spoke about the letter written by Mr. Martinez that was in the newspaper. He clarified on the comment made regarding residency. He feels if someone is qualified and they live close and they can perform the job, he would stand behind them and not make them have to pull up their family to move to another place. Councilman Roberts had nothing at this time. Page -3- Council Regular Meeting December 7, 1998 .. ..., Ron Prekup asked to speak due to not being notified of the FOP agreement on the agenda and just finding out. He spoke about a presentation made by City Manager Hooper to the Police Pension Board that under Chapter 185, 42% was the average total disability retirement for the state of Florida. He spoke to Paul Fafeita and he advised him that 42% is the minimum in the state of Florida under Chapter 185 that police officers can get. He stands to be corrected if he is wrong but if that is right the pension board was given some wrong information. Mr. Prekup stated if there is some discrepancy or communication gap or something that is not completely knowledgeable on that one, he would like to have the whole ratification tabled or table only the portion to do with the disability. It's not fair to the police officers, pension board, or FOP to not have that clarified. City Manager Hooper explained that is not part of tonight's issue. The Pension Board is going to work on the pension proposal. That is not part of the union contract at all. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public Hearinq - Ord. 98-0-09. Amendinq Article I (In General) of Chapter 2 (Administration) bv amendinq Section 2-5 (Citv Manaqer Authorized to Sign certain Contracts. Aqreements and Leases). City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Allman read Ord. 98-0-09 and opened the public hearing. Due to there being no public comment, the public hearing was closed. Councilman Gornto made a motion to approve Ord. 98-0-09, second by Councilman Roberts. The motion CARRIED. B. Res. 98-R-14 - Petition to abandon sanitary sewer easement and 18tn Street Canal. AB-9801 city Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter spoke about why she feels the traffic flow problem by Eckerds is dangerous. City Manager Hooper stated they could talk about that later. This is for the abandonment of the drainage and the sanitary stormwater. Mayor Allman read Res. 98-R-14 and opened the public hearing. Due to there being no citizen comment, Mayor Allman closed the public hearing. Councilman Roberts made a motion to approve Res. 98-R-14, second by Councilman Gornto. The motion CARRIED 5-0. Page -4- Council Regular Meeting December 7, 1998 ...., .""", CONSENT AGENDA A. Police Department requestinq payment of $1.062.48 from the Special Law Enforcement Trust Fund to purchase 152 bike helmets B. satisfaction of Special Assessment (pavinq) Lien - Ponderosa Homes ($477.12) Councilman Roberts made a motion to approve the Consent Agenda, second by Councilman Gornto. The motion CARRIED 5- o. OTHER BUSINESS A. News Journal vs. city of Edqewater - Recommendinq favorable consideration of Proposed Settlement and Dismissal with preiudice David Kornreich, Attorney representing City, informed Council of the proposed settlement in the News Journal vs. City of Edgewater lawsuit. He recommended this case be settled on the basis Council had before them. They have reached a point where there is nothing more to achieve in this litigation. Attorney Kornreich explained the George McMahon vs. City of Edgewater lawsuit is being paid for by insurance. He presented an update of this lawsuit. This case will be resolved by a federal judge. Attorney Kornreich recommended Council put aside this distraction and settle. Mayor Allman clarified if they were to take this to trial and this was found in our favor, we would be no better off than we are tonight except for the fact they would have to pay additional legal fees for the trial. By the News Journal offering this proposal, if we were to take this to trial in January and lose, the City would be subject to paying the News Journal legal fees. Attorney Kornreich informed him that is correct. Mayor Allman feels if the News Journal felt they had a winnable case, they would have nothing to lose by ending this at trial in January, win or lose. Mayor Allman would like to see this go to termination and to be exonerated because he knows they did nothing wrong, however, he feels this has taken up enough of the City's time and money. He recommended his fellow Councilpeople would also vote to terminate this. Councilwoman Lichter asked if after all the information was presented, was there some kind of mediators or people that look at all the facts and give their input, such as a pre- trial basis. Attorney Kornreich explained they have a mediation, which is a confidential procedure, between the parties. The mediator felt there was no reason to pursue the matter further. Councilwoman Lichter spoke about Section 5 of Page 3 of the settlement agreement regarding the lawsuit being dismissed with prejudice. Attorney Kornreich elaborated on her concerns. with prejudice, means it is done. Page -5- Council Regular Meeting December 7, 1998 ~ ...., Councilman Hammond spoke about the Summary Judgement he sat at. He spoke about the News Journal having no witnesses. He feels a certain councilperson before he believes started all this and has cost this City. He came in to try and save the money. Councilman Roberts stated they never violated the Sunshine Law. The newspaper took rumors and inuendos and gossip and turned it into a waste of the taxpayer's money. He feels they have nothing better to do than stick their nose where it doesn't belong. He will stand by his innocence completely. Councilman Hammond apologized to the people that put him in and having to pay for this. He hopes the people before they start accusing, sit back and think a little bit. He again apologized to the citizens and wants this to be over. He feels the City has been drug through the mill. Councilman Roberts stated we did not cost the taxpayers $47,000, the News Journal cost the taxpayers $47,000. Councilman Gornto stated he made a statement at the first meeting because he was shocked. He was not involved in the sweep pledge or that part of the campaign and really didn't know these people. A year has gone by and he has worked with these people for a year on City business. He has gotten to know them much better than he did that night. To believe the Journal's position, you must believe that these three men perjured themselves under oath. He doesn't believe there is a Councilperson at this table that would perjure themselves under any circumstances. He was wrong and is correct tonight. You all are not criminals, you're innocent. Councilman Gornto moved for approval. Councilman Roberts asked if this is approved tonight, what is the next step Attorney Kornreich will take with it and when will it all be finalized. Attorney Kornreich explained the stipulation of dismissal would be filed with the court as soon as he is given a copy signed off on and they would get it over to the courthouse with Mr. Kaney, the Attorney for the News Journal and see that it gets filed immediately and that will terminate the lawsuit within the next couple of days. Councilman Hammond seconded the motion. The motion CARRIED 5-0. B. Solicitation - Florida Family Restoration Center seeking City support of a temporary residence for displaced women and children due to abuse or financial trauma ($5.000) Rev. Dr. Bill Sharp, wished everyone a Merry Christmas. He elaborated on the childhood he had and feels if there was a place like this when he was growing up, he would have been most grateful. He informed the council the Mayor and commissioners in New Smyrna Beach would be coming to tour their facility at 2:00 p.m. on Wednesday. Rev. Dr. Sharp further commented on what the organization does and what is included in their facility. He commented on what the facility needs. He invited Council to come and see the facility and judge for themselves if it is worthy of their consideration. Page -6- Council Regular Meeting December 7, 1998 'W" ...., Carol Tanguay, Director, Florida Family Restoration Center, invited anyone of the Councilor anyone in the community to come and see the facility. She further commented on the help they provide. At this point, they have no federal funding so any support they receive is greatly appreciated. Ms. Tanguay asked for a written resolution from the City of Edgewater giving them support in their venture with homeless women and children. Rev. Dr. Sharp explained the procedure as far as the house itself. He spoke about the overwhelming response they have had in such a short period of time. Councilwoman Lichter asked if there are any other sources they could turn to. Ms. Tanguay explained where they get their funds from. Councilwoman Lichter asked City Manager Hooper asked if there is any place to get this money from. City Manager Hooper explained the only source they have is the General Fund Contingency. He informed Council if they would like to visit the home first, they could do that. He placed it on the agenda not so much for a final answer but so the people could speak to Council. He asked Council for direction on what they want him to do. Councilwoman Lichter asked if there was such a facility in Edgewater before this. Ms. Tanguay spoke about Ruth Plummer being involved with the Family Crisis Help Center which moved out to Old Mission Road. She spoke about why it didn't work out for her. This is a result of it because they saw the need. Rev. Dr. Sharp spoke about the situation with Ruth Plummer and the Family Crisis Help Center. Councilman Roberts would like an opportunity to see this operation some time this week to get a better idea of what they are doing. Mayor Allman suggested tabling this item. City Manager Hooper agreed to bring it back in two weeks. There was a ten-minute recess at this time. C. Recreation Park Development - McKim & Creed Enqineers to present Preliminary desiqn of Park Master Plan City Manager Hooper introduced Mark Veenstra from McKim & Creed. Mark Veenstra, McKim & Creed, summarized the preliminary design of the Master Plan. Councilwoman Lichter expressed concern with the traffic route being the same as the route used for the school and traffic going north making a left hand turn. Mr. Veenstra explained this plan relies on using Turgot as the main ingress and egress for the recreational park and YMCA complex. Councilwoman Lichter expressed concern about the traffic problem at the Post Office. She asked how you get a light if it is really needed. Mr. Veenstra explained they could warrant a traffic warrant analysis prior to the project being built. Page -7- Council Regular Meeting December 7, 1998 ~ ..""., Mr. Veenstra continued his presentation of changes and updates. Councilwoman Lichter asked if there is room for a skate ramp. She spoke of several calls she has received. Mr. Veenstra explained there is a hard surface play area that is called volley ball but if Mr. Corder thinks the demand is greater for skateboards at this time, then volleyball could be converted. Mr. Veenstra informed Council their next step would be a final design. He further commented on the cost estimate. Councilman Gornto asked about moving the fitness trail and to be shown where the fitness trail will go. He spoke about sports teams warming up by the fitness trail and this being an interference. Mr. Veenstra agreed to look into this. City Manager Hooper asked Mr. Veenstra what he needed from Council to do the final design. Mr. Veenstra stated really just any final comments of what Council and staff would like to see. City Manager Hooper asked about the timing for the final Master Plan. Mr. Veenstra stated it would be at the first meeting in January. City Manager Hooper reminded Council on December 21st they are due to have the YMCA update. Councilman Roberts stated even without the exact size of the building, can't a lot of the engineering on site be done. Mr. Veenstra explained if they wanted to proceed that way, they could. City Manager Hooper explained the next step is the designing of the parking and the area associated with the building. They are going to plan the whole 26 acres but they aren't going to engineer or design the whole 26 acres until they layout a budget for the $1.8 million. D. Cellular Telephone Service & Equipment - Reauestina approval to award contract with BellSouth Mobilitv City Manager Hooper made a staff presentation. Staff's recommendation is BellSouth Mobility. Mayor Allman stated it says to award the contract and he didn't see a contract. He asked how these companies bill, by minute or by second. City Manager Hooper elaborated on Mayor Allman's concerns. Mayor Allman stated we have AT&T at this time and we are contracted with AT&T Corporate. What concerns him most about being with corporate is the availability of service personnel to get out and to service their account. He thinks would need a workshop for the Council to go over and maybe have the companies come in and give some idea of how they plan to service this account. He feels the service end of it is just as important as what we are paying per minute. City Manager Hooper asked if the Committee looked at service. Fire Chief Tracey Barlow elaborated on what the Committee did and how they came to their decision. Councilman Roberts felt it was odd that AT&T did not submit a proposal. Page -8- Council Regular Meeting December 7, 1998 ~ ~ Councilwoman Lichter stated she has no trouble accepting the recommendation of the Committee. Councilman Roberts asked if it was a one-year contract. Mayor Allman stated we don't know what kind of contract it is. There is no contract here. city Manager Hooper stated the contract comes back. This is notice of award to the contract. Councilman Roberts asked if this will be a savings from AT&T. Fire Chief Barlow stated it is just about the same money as far as the cost for services. Some of the features offered at no charge by BellSouth, AT&T does not offer. Councilman Roberts asked what is spent a year on cell phone service. Fire Chief Barlow explained they have approximately 18 cell phones activated at this time but he didn't know the yearly cost. City Manager Hooper explained they did a needs assessment first so they knew what they were looking for. Fire Chief Barlow explained this has been on-going since May so they have put some time into it. Fire Chief Barlow informed Council there are BellSouth representatives available to answer any questions. Councilwoman Lichter made a motion to take the recommendation of the cellular telephone staff committee and award the contract for one year to Bellsouth Mobility, second by Councilman Hammond. Mayor Allman really believes they need a workshop on this issue. without a contract submitted for something like this, he believes they are having an open door. He spoke about the comparison information listed. Fire Chief Barlow explained the comparison is based on information received from the request for proposal. The motion CARRIED 4-1. Mayor Allman voted NO. E. Ratification of Police F.O.P. Aqreement - Requestinq adoption of Union contract. city Manager Hooper made a staff presentation on the proposed changes to the agreement. He informed Council this does not address pension in any way, shape or form. He recommended approval. Councilwoman Lichter asked if the F.O.P. has always been the union involved. City Manager Hooper explained it was changed a few years ago. Councilman Hammond asked about the cleaning of the uniforms and how often they were given $40. City Manager Hooper informed him monthly. He explained the City is going to contract with a company and they will clean the uniforms and charge the City directly. This is consistent with the Fire Department. You now have all of the public safety facilities operating under the same contract. Councilman Roberts moved for approval, second by Councilman Gornto. The motion CARRIED 5-0. OFFICER REPORTS city Clerk Wadsworth had nothing at this time. Page -9- Council Regular Meeting December 7, 1998 ....,. ... City Attorney Clayton presented the proposed settlement for the Belz vs city of Edgewater and Officer R. Frazee lawsuit. Councilwoman Lichter asked if this implies our officer did a wrongdoing. City Attorney Clayton explained it was merely to complete the matter and in the settlement there is no concession of any liability or any responsibility. Councilman Gornto moved for approval, second by Councilman Hammond. Mayor Allman asked if our insurance company would pick this up so the City wouldn't have to pay the fees. City Attorney Clayton informed him no, this is a four year-old case filed two or three days before the statute of limitations expired. The coverage did not apply to this incident. City Attorney Clayton informed Council it is a business decision that has to be made. The motion CARRIED 3-2. Councilwoman Lichter and Mayor Allman voted NO. City Manager Hooper 1) Associates of Meadow Lake Law suit - Update City Manager Hooper presented an update of the Associates of Meadow Lake lawsuit. He went over a letter from Ms. McIntosh with the Council. Her opinion is that Mr. Barrett did not own the property at the time. City Manager Hooper commented on what would happen next if Mr. Barrett decides to pursue this. He recommended the City doesn't settle and that the ball is in Mr. Barrett's court. 2) Florida DOT wideninq of SR 442 - Update City Manager Hooper made a presentation of the widening of SR 442. He had a meeting with DOT last week where they gave him the 60% set of plans. They are going to construct the project from 1-95 all the way into U.s. #1 as one project. The construction start date is December, 2001. DOT is going to give the City $100,000 for landscaping. He feels as they get closer to the plans, he thinks they ought to go to the Beautification & Tree Committee and have it brought back to Council. DOT has also agreed to support a grant application in the future. He further commented on what the grant entails. City Manager Hooper stated DOT is also going to have, in that year before construction, an update of the public information session discussing how that road is going to look. They have started sending out notices of acquisition of property and have notified those people they are actually going to be doing a taking from. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Andy Anderson, pine Tree Drive, stated while DOT is at it, he would like to see them run SR 442 over the railroad or under it. Henry Dardinski, 2704 Sabal Palm Drive, spoke about the Meadow Lake lawsuit. He feels Perry Barrett is back to square one and if he decides to sue the City, he feels Council should immediately bring a cross action against him. Page -10- Council Regular Meeting December 7, 1998 ...... .."" Dr. Charles Gebelein, 1730 Umbrella Tree Drive, stated during the work with DOT and SR 442, there needs to be some great consideration about the intersection with US 1. There are now four corners that are occupied by major construction items. Dick Jones, 1530 Sabal Palm Drive, spoke about cable television prices going up. He would like to know what is going on and why we continue to get increases. city Manager Hooper informed him the city doesn't do rates, that is through the Public Service commission. He agreed to find more information on how that process works. councilwoman Lichter asked if they received information about the city being increased. city Manager Hooper explained we have cable television as the City and we also received a rate increase notice, the same as Mr. Jones. Mr. Jones commented on the sound system and asked to have it looked at. Mike visconti, 316 pine Breeze Drive, was happy about the $100,000 the city will get from DOT for the landscaping on SR 442. Mr. visconti questioned the properties being taken and being used for a retention pond. City Manager Hooper elaborated on what the property will be used for. Mr. visconti spoke about a retention pond on the side of Eckerds. He suggested making it larger with the overflow going into the canal and into the Indian River. Mr. Visconti asked if there are going to be any medians on SR 442. City Manager Hooper stated medians will occur as you get closer to US 1, but they are smaller and narrower. For the most part, you will see a five-lane divided section with a painted median. Mr. Visconti asked if there are any plans in the future to extend SR 442 going west. City Manager Hooper elaborated on Mr. Visconti's concerns. He thinks it is on the list of transportation improvements as a project and priority coming up. Mayor Allman stated it is on the agenda already on their twenty-year plan. Ed Keenan presented an update of the priority list that is done by the MPO. ADJOURNMENT There being no further business to discuss, Councilman Roberts made a motion to adjourn. The meeting adjourned at 9:15 p.m. Minutes submitted by Lisa Kruckmeyer Page -11- council Regular Meeting December 7, 1998