08-03-1998 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 3, 1998
7:00 P.M.
COMMUNITY CENTER
MINUTES
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
Interim City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Excused
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
A. Regular meeting of July 20, 1998
Councilman Gornto made a motion to approve the July 20, 1998
minutes, second by Councilman Roberts. The motion CARRIED 4-0.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
There were no citizen comments at this time.
CITY COUNCIL REPORTS
Councilman Roberts felt it would be a wise idea to put up signs
at the parks asking for citizens to keep an eye out for teenagers
loitering, signs of vandalism and the Police Department phone
number. He feels it would be a worthwhile investment.
Councilwoman Lichter feels they should start thinking about a
permanent City Manager. In October they will be in office a year
and basically most of that time they have had an Interim City
Manager. She feels they should talk about how they are going to
go about the search, what they are looking for. She feels they
need a full-time person who gives it the whole week. Most
importantly, she feels this person should live in Edgewater.
Councilwoman Lichter thinks from both the City Attorney and City
Manager, for the citizens, herself and everyone, they need more
defined hours in City Hall. A definite time when she knows she
can get one or the other, a definite time and day when the
department heads know they can meet with them and a definite day
when the citizens have availability of these two most important
people that it is their responsibility to hire.
Mayor Allman stated he asked Nancy Christman, st. John's River
Water Management District to attend the meeting to go over the
Local Government Assistance Program with them.
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Nancy Christman, Intergovernmental Coordinator for st. John's
River Water Management District, presented an overview of the
District and some of the programs they have. She spoke about
flood protection, a water supply program, and general assistance
provided to local governments.
Ms. Christman presented folders to the Council and explained the
information included in the folders.
Councilwoman Lichter asked about the relations between the Water
Alliance and the Water Management District which Ms. Christman
elaborated on.
Councilwoman Lichter asked about a debate regarding the recent
designation of the st. John's River. She asked if there are any
negative effects such as too much control from the government and
why were some cities against it. Ms. Christman explained some
people thought the program was going to be more encompassing than
anything they have heard. It's not supposed to be a regulatory
program or add any additional regulations. The rivers nominated
as American Heritage Rivers have a better chance at federal funds
that are already existing. Their goal is to try and bring more
federal dollars back to the State.
Councilman Gornto spoke about a memo received from a citizen
regarding the power poles put up by Florida Power & Light. He
feels the previous Council was unaware of the poles when they
were given the choice of where they were going to go. He made a
tour of other substations located in the County. He found the
substations were double fenced, the fences were newer and the
roads leading into these substations were paved generally. He
looked at the substation in Edgewater that needed maintenance
work done to it, it needed a little paint, the fence is rusted,
there are weeds growing up in the maintained area of the fence,
it's not mowed as nicely as he feels it should be, and it's
lacking any type of vegetation to screen this eyesore from the
passing traffic.
Councilman Gornto referred to Florida Power & Light's financial
statement. This company that doesn't have enough money to paint
the substation, in their 1997 financial statement, it reports in
the first paragraph that their net income reached a record of
$618 million. This company in March 1998 was ranked by Fortune
Magazine as among the most admired companies in the united States
of this type, gas and electric utilities. He doesn't know where
that poll was taken but he doubts there were many votes taken in
Edgewater. He spoke about the huge pole at Indian River
Boulevard and the tracks which is the anchor post for the line
that runs north and south from the substation up to Indian River
Boulevard and then the lines have to go east and west. He feels
this pole is atrocious and spoke about how large it is.
Councilman Gornto stated the interesting thing about what this
company did is that as well as he can tell, they gave the
previous Council three choices and none of those choices were
acceptable. Florida Power & Light chose what they wanted to do
and basically said we don't care what Edgewater wants. He thinks
that is their attitude, we don't care about Edgewater. He
complained about the substation over a month ago. He could have
painted the building down there in an afternoon. There is only
one reason our substation looks the way it does, Florida Power &
Light doesn't care. The reason we have the power lines running
down Indian River Boulevard is because Florida Power doesn't
care. He is not sure Florida Power has ever made an attempt to
bring an industrial prospect to this community. Why wouldn't
they be interested in bringing industry here. They don't care.
Mayor Allman agreed with Councilman Gornto.
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Council Regular Meeting
August 3, 1998
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PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. Public Hearing - Ord. No. 98-0-05 Amending the Zoning
Ordinance, Article VI (District Use Regulations and
Requirements), section 606.01 (B-2 Neighborhood Business
District)
Interim City Manager Hooper made a brief staff presentation and
informed Council this is the second public hearing.
Mayor Allman opened the public hearing and read Ord. 98-0-05.
Mayor Allman closed the public hearing.
Councilman Gornto made a motion to approve Ord. No. 98-0-05,
second by Councilman Roberts. The motion CARRIED 4-0.
CONSENT AGENDA
A. First Amendment to Recycling Contract - Southern Enterprises.
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Interim City Manager Hooper stated the same terms and conditions
apply in the contract. It is a renewal under the exact terms and
conditions with a two-year renewal.
Councilman Roberts made a motion to approve the Consent Agenda,
second by Councilwoman Lichter. The motion CARRIED 4-0.
OTHER BUSINESS
A. Land Contract and Sale Agreement - for the purchase of
property for Fire Station 57, requiring Mayor's signature
Acting Fire Chief Tracey Barlow made a staff presentation.
Currently they are 99% complete with the bid specifications which
they hope to have completed by Thursday of this week, advertising
next week. The public bid opening will be held on September 8th.
Acting Chief Barlow stated they would like the Mayor to sign the
sale contract and sale agreement with a witness from the
Association, passing the check on to Shelly Lewis.
City Attorney Clayton introduced Reed Hughes, Jr. who represents
Professional Title Agency and they have done the preparation of
the documents and issued the title policy of insurance. She
asked Mr. Hughes to pass the documents out to Ms. Lewis who
presented Mayor Allman with the deed who in return presented her
with a check.
B. Blanken's Landing - SD-9601 final plat approval
Councilwoman Lichter has no longer any problems with this.
Councilwoman Lichter moved for approval, second by Councilman
Roberts.
City Attorney Clayton stated in reviewing this she wanted to add
a small sentence that talks about if there is any termination of
the restrictions applicable to this parcel on the river that in
accordance with our Land Development Code, they will first offer
it to the city at fair market value before they can transfer it.
The motion CARRIED 4-0.
City Attorney Clayton clarified that was with the amended
language.
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GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Mike Visconti, 316 pine Breeze Drive, feels the City needs a sign
ordinance. He spoke of the signs along u.s. #1. He feels the
Council should look into this and what the ordinance is and abide
by the ordinance if there is one.
Councilman Roberts stated the previous Council worked out a sign
ordinance last year. He suggested Mr. Visconti get a copy of the
ordinance for his Committee for them to review. It was all voted
in about a year ago.
Mr. Visconti spoke about there being no way to get out of
Edgewater in case of a disaster. He spoke about there being no
way in or out of Edgewater during the recent fires. He feels
when SR 442 is widened, they should extend SR 442 to SR 415.
Councilwoman Lichter asked if Interim City Manager Hooper was
going to bring up the subject of the letter to regarding that.
Councilman Roberts believes the state and County have been
discussing extended SR 442 to SR 415 for many years. He feels it
is probably a matter of state funds, who is going to pay for it
and when it is going to be put on the schedule.
Mr. Visconti feels if Edgewater had another outlet coming in and
going to Deland would be a plus for Edgewater. Councilman
Roberts stated that would tie us into Central Florida out to
Sanford.
Councilwoman Lichter spoke about extending Williamson Boulevard
to Edgewater. She feels by doing this it would open it up for
some development and acquisition. When they draft a letter
concerning the six-lane fiasco on u.S. #1, they will also include
alternate ways they could get traffic out of town such as
Williamson Boulevard and S.R. 442 out to S.R. 415. It takes
years to get these things on the drawing board.
Mayor Allman stated they have discussed this with the
Metropolitan Planning Organization and it will take ten to
fifteen years for them to even put this on their plan. They can
get these roads put on agendas to be built but it is up to the
Department of Transportation. He is all for another exit from
Edgewater. His concern is for hurricane evacuation.
Councilwoman Lichter spoke about safety being an issue with the
power poles on Indian River Boulevard.
Mayor Allman stated he believes they want to eventually tie this
in with I-4. Interim City Manager Hooper stated it would
eventually tie into I-4 and the rest of it is the loop that goes
around Sanford all the way to the western beltway is what was
described to them.
Mayor Allman stated they are probably going to get that on the
long term agenda when the MPO meets again. He feels once they
see just how important that road is, it will get bumped up.
Mr. Visconti agreed with Councilman Gornto that Florida Power
doesn't care about Edgewater.
Ed Keenan, 1905 pine Tree Drive, is glad to see the Council
paying attention to S.R. 442. He wrote a letter to the newspaper
describing it. He believes if DOT and the County got together,
they might see it sooner on an emergency basis.
Mr. Keenan congratulated the Council for removing the three-
employee cap for businesses in the B-2 District.
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Taras Stratechuk, 2942 Oak Trail, read a memo to Council
regarding concerns he has about contamination of underground
water. He asked these concerns be discussed with their group.
He presented Council with a copy of his memorandum.
Councilman Roberts asked Interim City Manager Hooper if there was
a series of homes tied into the water system on Air Park Road not
far from this gentleman's street. Interim City Manager Hooper
stated he is not sure how close this is to it.
Jean Haughwout, Chairman, Library Board, stated they have been
hearing rumors about the Edgewater Library closing. They would
like each Councilperson to address this issue and give them
something in writing to let them know the Council's feelings on
this issue.
Councilwoman Lichter stated she heard these rumors and her first
summation was they certainly could not be talking about
Edgewater. The New Smyrna Library was closing because of the
Regional Library opening.
Interim City Manager Hooper explained they came and talked to him
and he assured there wasn't anything in any City plan that he was
aware of to do anything different than they are right now. He
spoke about cutting the budget and putting money into the reserve
account. He spoke about losing parking spaces on S.R. 442 when
it is widened and at the same time they are talking about using
City forces to expand some of that. He feels this may have added
some confusion to the rumor. There is nothing from the County
side that they are trying to change.
Ms. Haughwout asked to have it in writing from the Council that
there is no intention of closing the Library.
Planning Division Manager Lynne Plaskett explained the City of
Edgewater owns that property. The County of Volusia houses the
books and the staff for that piece of property.
Councilwoman Lichter feels the Library Board would feel better if
the Council pledged its support.
Mayor Allman informed Ms. Haughwout he would get a letter from
himself and the Council.
Ms. Haughwout spoke of the fight they gave not to have the
Regional Library built in Edgewater. They want to make sure the
work they are doing isn't in vain.
Mayor Allman stated he supports the Library 150% and if they act
on every rumor that goes by, they could be passing motions until
midnight.
Ethel Roberts, Mango Tree Drive, complained about the lights at
Whistle stop Park. She stated some of the lights have been out
for quite a while and asked if there were any plans to fix them.
She spoke about damage done to one of the concrete benches. She
doesn't feel it is kept clean and there should be more police
pa tro 1.
OFFICER REPORTS
city Clerk Wadsworth had nothing at this time.
city Attorney Clayton stated she has a copy of the motion for
summary judgment and the accompanying memorandum of law in the
News Journal matter. She passed it out to the Council. If they
have any questions, it will be something they can talk about at
the same time they talk about the things she handed out to
Council two meetings ago.
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councilwoman Lichter asked when they are going to do those. City
Attorney Clayton stated Interim City Manager Hooper is going to
work on the schedule.
Interim City Manager Hooper asked if they wanted to do it at the
next meeting. They have 6:00 p.m. scheduled right now for a
separate work session before the next meeting.
It was the consensus of Council to add this matter to their work
session.
Update on YMCA discussions
Interim city Manager Hooper presented an update on the YMCA.
They are going to make a proposal in which they are going to come
back and offer an ability to do a joint funded venture of
creating a gymnasium that would also be supported by the YMCA and
the hospital. He would like to start the Master Plan.
Councilwoman Lichter questioned if the YMCA eventually comes in,
is our actual plant going to become larger than the size they
anticipated. Interim City Manager Hooper stated what they are
doing is the site Plan of the full 26-acres. The gymnasium takes
up two acres. The site they are talking about was another half-
acre if it is expanded. They would go ahead and start the
process with McKim & Creed doing the site plan work, drainage
work and how they would get water and sewer lines to it and the
development potential of the whole 26-acre site and start that
process.
Councilman Roberts asked about the paving of Turgot Avenue and if
McKim & Creed will be involved with this as far as engineering.
Interim City Manager Hooper explained it is not part of this work
order or this authorization. They could. He thinks the
proximity of the project would enable them to do that if they
wind up doing that. Councilman Roberts questioned if it would be
more cost effective if they are working on the engineering
project since the road goes through the parcel. Interim City
Manager Hooper informed him yes. Councilman Roberts feels they
should wait until most of the heavy construction is done so there
is no wear and tear on a brand new road from heavy construction
vehicles.
Councilwoman Lichter asked if they were supposed to be involved
in the paving of that road. Ms. Plaskett informed her that is
correct. The stipulation from the sale of the property from the
School Board was that the City of Edgewater would pave Turgot
Avenue.
Response to VCOG/MPO concerning US 1 Arterial Investment Study
Interim City Manager Hooper made a presentation regarding the
City's response to VCOGjMPO concerning the US 1 Arterial
Investment Study. He spoke of five recommendations from the
Council to be included in the AIS report.
Councilwoman Lichter asked if it would be appropriate to add the
extension of east-west S.R. 442. Interim City Manager Hooper
stated he doesn't think so. What he believes DOT was looking for
Council to do was inform them of alternatives on U.S. #1 with
parallel facilities being what they talked of.
Councilwoman Lichter asked if they should meet with the small
businessmen to make sure they are expressing their viewpoints.
Interim City Manager Hooper stated no, not really to meet with
them as much as they have the opportunity because they told the
Council they will have two public hearings and two public
meetings so they can make their presentation.
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Councilwoman Lichter spoke about looking at this carefully and
seeing what the small businessmen want.
Interim City Manager Hooper informed Council they need a motion
for board approval authorization for signature of that letter.
Councilman Gornto asked if the City is committing to providing
reclaimed water to the median. He questioned the cost being too
expensive. Interim City Manager Hooper stated they would commit
where they have capacity.
Councilman Roberts stated some of the islands could be supplied
with regular city water. Interim City Manager Hooper explained
the st. John's Water Management District would jump allover the
City for trying to use potable water for median irrigation.
Councilman Gornto moved they approve the letter, second by
Councilman Roberts. The motion CARRIED 4-0.
ADJOURNMENT
There being no further business to discuss, Councilman Roberts
made a motion to adjourn. The meeting adjourned at 8:13 p.m.
Minutes submitted by
Lisa Kruckmeyer
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