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12-02-1996 - Regular ....... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 2, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dr. Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. Mayor Hayman asked to move up Item 7D to follow City Council Reports. He informed Council Malcolm smith is present to discuss the beltway that will parallel 1-95 and come from the Daytona area into Edgewater. It was the consensus of Council to move this item up on the agenda. APPROVAL OF MINUTES Regular Meeting of November 18. 1996 Councilman Hatfield made a motion to approve the November 18, 1996 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Mitchum had nothing at this time. Mayor Hayman commented on speaking to DOT regarding the development of SR 442. He spoke about the elimination of 60% of the crossover streets. They are now looking into revising the estimate downward considerably because of the elimination of the east-west streets to accommodate the stormwater plan. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. 7D Overview of County's proposed beltway route Malcolm smith, Traffic Engineer, Volusia County, made a status report on their construction projects as it pertains to extending Williamson Blvd. south through New Smyrna and into the Edgewater '-' """" area. Mr. smith further spoke about other projects being proposed. There was a brief discussion regarding the money to pay for the proposed projects. Councilwoman Martin asked if there is any possibility in the future that SR 442 will go west to 1-4. Mr. smith explained it would be a difficult project because of the wetlands. He explained it is a matter of dollars right now but they do see that as a possible long term project. There was further discussion regarding extending SR 442 to the west. There was continued discussion regarding other projects being proposed. There was a discussion regarding the work schedule and time frames for the proposed projects. Mayor Hayman asked Mr. smith to forward a copy of the schedule to the City. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearin9 re: utilizin9 u.s. Dept of Justice Local Law Enforcement Block Grant Mayor Hayman presented the background and opened the public hearing. Police Chief Schumaker made a presentation regarding the Local Law Enforcement Block Grant. Councilman Hays questioned the person hired having a prime responsibility of responding to 911 and not get caught up in the other calls. Chief Schumaker explained it will allow whatever dispatchers are working to respond to 911 as well as the other calls. There were no other comments at this time. Mayor Hayman closed the public hearing. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Appointment of Rev. Pete Menendezr First Baptist Church of Edgewater, to assist as Police Chaplain Councilman Hatfield moved for approval, second by Councilman Mitchum. Reverend Roger Miracle explained the need for the appointment of Reverend Pete Menendez. Reverend Lawrence Tee will be used as a backup when Reverend Miracle and Reverend Menendez are not available. Reverend Miracle introduced Reverend Menendez. The motion CARRIED 5-0. There was a seven-minute recess at this time. Page -2- Council Regular Meeting December 2, 1996 ...... ..."", OTHER BUSINESS A. Recommendation for award - Edgewater Wastewater Treatment Plant reclaimed water system improvements project utilities Director Terry Wadsworth made a presentation regarding awarding the bid for the reclaimed water system improvements project to Wharton-smith Inc. in the amount of $347,000. He informed Council this is impact fee eligible. There was a brief discussion regarding the time frame. Councilman Hatfield asked if this would tie in with the Mango Lake if we decide to use it. Mr. Wadsworth informed him yes it would. We can't do anything official on it yet because it is not permitted but there will be the tie-ins provided for when that is done so it will accommodate the improvements. Councilman Hatfield questioned a time frame on the Mango Lake. Mr. Wadsworth explained they should be receiving the plan operating permit probably within the next 30 to 45 days. Mr. Wadsworth commented on the reuse storage tank cover eliminating debris and algae. Councilman Hays moved for approval, second by Councilman Mitchum. The motion CARRIED 5-0. B. Requests of Fire/Rescue Services Chief re: construction of new station #57: 1) Public RFP for CCNA services to design, manage and construct 2) Include design, management, and construction of other municipal buildings and facilities projects in same RFP as time or cost savings measure 3) Establish date/time in March, 1997, for Council workshop on Fire/Rescue services City Manager McMahon made a staff presentation due to Chief Vola being out of town. Tracy Barlow, Lieutenant, Fire/Rescue Services, explained questions regarding the RFP could be answered by City Attorney Storey or utilities Director Terry Wadsworth. He was available to answer any questions regarding Item 3. Councilman Hays feels they need to move forward with this project. Councilman Hays moved for approval of Item 7B in its entirety, second by Councilman Mitchum. Mayor Hayman commented on the need for a second fire station. The motion CARRIED 5-0. C. Approve change order No. 7 which extends Roadway and Drainage Part A contract 20 days and increases contract amount by $17,740 to extend sewer service to tie-in five Glenwood Drive residences Mr. Wadsworth explained the reason for Change Order No.7. Councilman Mitchum questioned how this would be paid. Page -3- Council Regular Meeting December 2, 1996 "-' ,..", City Attorney storey commented on the on-going discussion pertaining to the mechanism of assessing these residences. Unfortunately they were not included in the initial district so we need to amend that district and include those residences either voluntarily or the City will need to do it through a less than voluntary mechanism so they are paying their fair share. We will be coming back in the near future with a plan of action. Councilman Hays questioned why they weren't included in the initial assessment district. Mr. Wadsworth explained the initial assessment district originally only included Florida Shores. He further commented on other areas that were not included in the assessment district. Mayor Hayman explained what needs to be done is to identify the proper legal mechanism in order to affect the proper and prudent assessment that is fair and equitable to the residents of the City and those who are attempting to hook up. Mayor Hayman suggested taking care of everything at one time. Mr. Wadsworth stated he feels the reason that did not come up is because that is not part of the paving assessment district to be done and so we didn't have a conflict with having to pave it and install sewer after the fact. Councilwoman Martin moved for approval, second by Councilman Hatfield. Mayor Hayman asked when City Attorney Storey could get back to them. He asked if it would be possible to have some feedback on the legal mechanism by the next meeting. City Attorney Storey informed Council she planned to present it to them at a meeting in January. The motion CARRIED 5-0. D. Overview of County's proposed beltway route This item was discussed earlier on the agenda. E. Gail Wells regarding beautification Ms. Wells was not present due to a death in the family. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Judith Lichter, 826 Navigators Way, stated she is not against a new fire station or a recreational facility. She feels there should be a five year plan and a priority list. Each department should layout their priorities and have some type of capital expenditure planning. City Manager McMahon explained it is being done. Ms. Lichter feels it should be more identifiable to the public. City Manager McMahon commented on the continuing five-year capital improvement program that is identified in the planning process. Mike Visconti, 316 pine Breeze Drive, Beautification & Tree Committee member, commented on the work done by the Committee. He commented on a misunderstanding that led to the resignation of Ms. Wells and Ms. Sullivan. Mr. Visconti spoke about being very interested in beautifying Edgewater and the signs he made that have been sitting in the vault. He commented on the Beautification & Tree Committee having no money. He informed Council of his fountain project. He feels there should be a main street in Edgewater. Page -4- Council Regular Meeting December 2, 1996 '-" ...., Mr. visconti informed Council his main concern is beautifying Edgewater. He elaborated on things he would like to see done to beautify Edgewater such as putting trees in the medians and urged Council to beautify Edgewater. Linda Sullivan, 3327 Mango Tree Drive, feels the Beautification & Tree Committee is bogus. without the Beautification & Tree Committee, the City could not receive grants for beautification. The Committee was never consulted as projects such as the Riverwalk, the medians, the Christmas Trees down Indian River Blvd or any other projects the Parks & Recreation Department has had. The Committee was always told no by Mr. Corder regarding projects the Committee wanted to do. The only thing accomplished by the Committee in the past four years is Arbor Day. At the last Arbor Day, we could not plant trees where they were needed. They were planted at Rotary Park. She feels the Committee needs to get together and do some things for Edgewater. She hopes the City can find people to do that. Mayor Hayman encouraged the Committee to go back and review the minutes where he and City Manager McMahon appeared before the Committee to encourage them to work in a direction which was consistent with what Council wanted. He is still waiting on a beautification scheme for a typical bus stop and recreation facility including the standards for benches and trash cans. Councilman Hays suggested combining the Beautification & Tree Committee and Parks & Recreation Board so they could work together. Councilwoman Martin commented on there being no money available. City Manager McMahon commented on funding and meeting state standards. Councilman Mitchum supported merging the Beautification & Tree Committee and Parks & Recreation Board. city Clerk Wadsworth commented on there being no applications on file to appoint anyone to the Beautification & Tree Committee. She spoke about conversations she has had with Mr. Corder regarding making the Parks & Recreation Board larger and adding the two existing members of the Beautification & Tree Committee to it. Mayor Hayman suggested the two chairpersons from the two boards meet and examine their by-laws and come back to Council with any necessary changes to combine the two. City Attorney Storey explained an ordinance amendment on the existing Beautification & Tree Committee. Mayor Hayman feels they need to establish standards of what they want Edgewater to look like. Judith Lichter, 826 Navigators Way, commented on the look of certain establishments on u.S. #1 and presented ideas to make them look better. Councilman Hays spoke about the beautification of Canal Street in New Smyrna Beach. Richard Jones, 1520 Sabal Palm Drive, member of the Economic Development Board, feels the activities the Beautification & Tree Committee is doing could be coordinated with many activities in the city. He feels they all need to work together. Page -5- Council Regular Meeting December 2, 1996 ,.., ...", Mike Visconti, 316 pine Breeze Drive, commented on the appearance on SR 442 coming in from 1-95. He would like to see the medians beautified coming in from 1-95. Mayor Hayman informed Mr. Visconti of a conversation he had with Congressman John Mica and he said he had some money for that specific purpose. OFFICER REPORTS City Manager McMahon commented on the debris that was picked up from the tornado and is being stored around the Mango Tree Lake. They have three quotes to tow the debris away. He asked Council to authorize the $40,000 for the removal of the debris which is the lowest quote received from Doug Cole. He asked for a specific motion that would authorize the money to come from the unappropriated fund. Councilman Hays so moved, second by Councilman Mitchum. The motion CARRIED 5-0. City Manager McMahon presented a status report on the expansion of the Library parking lot. Councilwoman Martin questioned if the plan includes the vacated street. City Manager McMahon explained if that is required to be paved that would need to be included in the plans as well. Mayor Hayman asked City Manager McMahon to comment on the Florida Inland Navigation District reimbursement for the road going from Park Avenue to the PID which he did at this time. City Attorney storey spoke about the lawsuit pertaining to Edward Keenan. We received the order from the Fifth District Court of Appeals affirming Judge Kennedy's dismissal of the Keenan lawsuit against the City of Edgewater. The statutory requirement for the statute of limitations was not complied with and this matter has been dismissed. Councilman Hays asked the cost to date on that matter. City Attorney storey explained she hasn't received the final bill. She advised the Council that she is discussing with Greg stewart the possibility of going back and filing a motion for attorney fees and costs. Councilman Hays suggested pursuing that. He feels it would be in the best interest of the taxpayers in the city of Edgewater. It was the consensus of the Council to go forward with that. City Clerk Wadsworth had nothing at this time. ADJOURNMENT: There being no further business to discuss, Councilman Mitchum moved to adjourn. The meeting adjourned at 8:45 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting December 2, 1996