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08-03-1998 - Regular '-' ...." 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. ...,. ""'" 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. Page -2- Council Regular Meeting August 3, 1998 "-' 'WtI 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. ~ 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. Page -3- Council Regular Meeting August 3, 1998 ...... """" 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. Page -4- Council Regular Meeting August 3, 1998 -- ..."", 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. Page -5- Council Regular Meeting August 3, 1998 '-'" ...., ~ - 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. Page -6- Council Regular Meeting August 3, 1998 '-' ...", ~. 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 Page -7- Council Regular Meeting August 3, 1998