12-02-1996 - Regular
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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
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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.
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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.
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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.
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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.
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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
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