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11-18-1996 - Regular ~ ..""", CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 18, 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 Miracle, Friendship Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: Regular meeting of November 4, 1996 Councilman Hays made a motion to approve the November 4, 1996 minutes, second by Councilman Mitchum. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Doris Hill, 112 Lincoln Road, spoke about retaining another attorney for the Fischer case. She talked about when Jose Alvarez was the part time City Attorney and as far as she knew, he handled litigation on an as needed basis. Ms. Hill went on to speak about the hiring of City Attorney Storey and staff and there being a problem with the full time legal staff not litigating. Ms. Hill asked how did the City go from a part time attorney who only charged the City a retainer and for hours worked to a full time staff whose principle task is as an advisory to the boards and to recommend other attorneys to handle litigation. Ms. Hill believes City Attorney Storey is capable of answering Mr. Fischer's suit. This City cannot afford a lawyer for every situation that comes up. Robert Pogg, 2925 Yule Tree Drive, commented on Item 7C. He feels the extension should be for sixty days instead of thirty days. CITY COUNCIL REPORTS Mayor Hayman commented on the Subject Assessment of 1995 Crime in Florida as published in the U S Department of Justice Uniform Crime Report, Crime in the united States 1995. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. '-' .."., Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Res. 96-R-27 and 96-R-28 regarding abandonment of rights-of-way on portion of Guava Drive and portion of 16th street (Continued from October 21, 1996) community Development Director Mark Karet informed Council he was unable to meet with Mr. Jones until today. He requested this be brought back at the January 6th meeting. Councilman Hatfield made a motion to continue this until the January 6th meeting, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Retaining Dean, Ringers, Morgan and Lawton in reference to Dennis I. Fischer v. City of Edgewater, George E. McMahon and Mark P. Karet Mayor Hayman requested this item be removed from the Consent Agenda. Mayor Hayman elaborated on there being two items in question. Should the City retain counsel to represent the City of Edgewater and should the City also ask the law firm to represent two City employees that have been challenged for their actions while acting officially on behalf of the citizens of this community? Mayor Hayman expressed concern with citizens who volunteer on boards representing our City who may find themselves in a similar situation. He feels whatever decision is made should also be applicable to any person serving on behalf of the citizens of this community. City Attorney Storey explained each situation would have to be looked at individually. One of the reasons she has recommended that Council provide for the representation of Mr. McMahon and Mr. Karet is because there is nothing within the allegations or the background of this situation that she is aware of that would result in there being a difference in the interest of the City and the employees involved. Mayor Hayman further commented on the city representing the volunteers. He asked for a public explanation so it can be disseminated to the people who serve the City. city Attorney Storey stated if a determination is made that the individual was acting within the scope of the authority of their position, then her recommendation will be always to the Council that the City provide for their defense. If there is something outside the scope of whatever that position is that has come to her attention, we go through an exercise of evaluating that case and the allegations and the circumstances as we know them and we will come forward to the Council. She further explained each situation is dealt with on a case-by-case basis. Councilman Hatfield made a motion to approve Item 6A, second by Councilwoman Martin. The motion CARRIED 5-0. Page -2- Council Regular Meeting November 18, 1996 'W ...." OTHER BUSINESS A. Water line installation of Porta Products, 211 Dale street, with recommendation to pay cost to upsize to 12" line utilities Director Terry Wadsworth made a staff presentation. The engineers have declared this to be impact fee eligible because it is a new line to serve new customers. He asked that Council also declare it to be impact fee eligible to be in compliance with the Code. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. B. Purchase of GM pickup truck throu9h state bid for Buildin9 Division Councilman Mitchum moved for approval, second by Councilman Hays. The motion CARRIED 5-0. C. Part A contract change order No. 6 and Part B contract change order No 2. to extend time 30 days for substantial completion dates of Florida Shores Roadway and Drainage Improvement Project Councilman Hays moved for approval, second by Councilman Mitchum. Councilman Hatfield feels if staff felt they needed sixty days, they would have requested it. The motion CARRIED 5-0. D. Luis Geil re: proposed addition to Elwood B. Sides, Jr.'s buildin9 at 1722 Hibiscus Drive Luis Geil, 2105 Saxon Drive, New Smyrna Beach, explained Mr. Sides is complaining about having to extend a water line to his addition to an industrial building that he wants to build on Hibiscus and 16th Street. Elwood Sides, 4193 Saxon Drive, New Smyrna Beach, stated they have gone through the permitting process and no one has said anything at all about this. He has already spent $14,879.01 and everything has been approved by the City. He questioned why the fire hydrant wasn't put in before the road was paved. Fire Chief Bill Vola explained staff met with Mr. Geil and reviewed the basic concept of this process. Mr. Sides misspoke in stating that there had been building permits issued. We aren't anywhere near that stage. The process that was being gone through was it was being reviewed for site plan. The site plan has not been completed yet. It was formally determined on September 11th that there was no water available to this site. The addition to the building now creates a singular need for approximately 1600 gallons per minute of water. Councilwoman Martin questioned there being any possibility of some type of relief or change in this procedure. Chief Vola stated by virtue of the fact that the applicant wishes to dramatically increase the size of the building and increase the fire load and risk, that is the origin of the need to provide the fire flow for that building. The only practical solution at this point is the installation of a water line to support the fire flow demand for this particular structure. Mayor Hayman asked if there was a cost estimate of what it would take to bring the necessary line and pressure in from the closest point. Chief Vola stated as he understands it from Mr. Geil, it is somewhere in the $9,000 range. Page -3- Council Regular Meeting November 18, 1996 "w ..., There was a brief discussion regarding other applicants that have done water line extensions per site plan requirements. Mayor HaYman asked if the owner has thought of requesting enterprise funds from the Volusia County Business Development corporation to help defray the cost in bringing in the line. Mr. Sides spoke about a gentleman that also owns a building by his building. Mayor HaYman questioned Mr. Sides if he has thought about going to the VCBDC to ascertain if he meets the criteria for some impact assistance for infrastructure. He suggested he and his neighbor may want to partner up on this. Mr. Sides asked Mr. Geil to tell the Council that everything in City Hall has been approved except this. If he would have had a check list when he applied for this, he wouldn't be around $16,000.00 in the bucket. Councilman Mitchum stated Mr. Geil has been a developer in this City for a long time and this law has been on the books for six years. He couldn't believe Mr. Geil was not aware of this. Mr. Geil stated he wasn't aware of this particular case because when the road was built he knew there were larger water lines put in. He assumed that was right in front of Mr. Sides property and that water could be used. He later found out it was reclaimed water and that does not have enough pressure. Councilman Mitchum doesn't feel the fault lies with this Council. Mayor HaYman feels it would be in Mr. Sides best interest to work with Mr. Jones who is a member of the EDB and try to network with Jerry Fox and Mr. Karet and collectively try to find out the perpensity of some sort of VCBDC support might be for all or part of the $9,000 estimated to upgrade the line. He also suggested speaking to his neighbors on that street that would also benefit from this. He also feels if Mr. Geil is advertising himself as a developing assistant and he is not doing that, Mr. Sides needs to speak with Mr. Geil. Mr. Sides questioned if he could join on the line with FP & L who is located north of him. Mayor HaYman stated that would be an interesting item to discuss with the VCBDC. Mayor HaYman suggested Mr. Sides withdraw his request for a decision until he could do the things he earlier suggested with staff and Mr. Geil and come back to Council with the answers. Mr. Karet commented on Mr. Geil's experience and his participation in two of the twelve projects that have fallen under this policy and complied. He further commented on staff going through this process with Mr. Sides. Councilman Hays questioned the check list. Mr. Karet stated Mr. Geil filled one out and presented it as part of his application. Councilman Hatfield made a motion to deny this request, second by Councilman Hays. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor HaYman read a letter from the Florida Shores Property Owners Association thanking City Manager McMahon for his effort in retaining the handicap and regular parking in front of their clubhouse. Page -4- Council Regular Meeting November 18, 1996 " ..... ...", Judith Lichter, 826 Navigators Way, the traffic hazard on the exit from Blvd at the Florida Shores Shopping be addressed with the County. addressed the situation of Dunkin Donuts to Indian River Center. She asked that this Robert Pogg, 2925 Yule Tree Drive, questioned if there isn't enough pressure to use the reclaimed water for fire hydrants, why are some of the fire hydrants in town hooked up to reclaimed water. Mr. Wadsworth explained there are six hydrants on the reuse system that are purple fire hydrants which are used to flush the lines and purge the system if it needs to be done. The reason it can't be used for fire protection at this moment is because it is a non-continuous source. Mr. Wadsworth stated after improvements are made to the reuse system, we may be able to draw off the Mango Tree lake and have more reserve capacity and high service pumping. That may be a very viable means in the future of fire protection in Florida Shores. within the next year that should be available. Mr. pogg feels there aren't enough fire hydrants in the City. Mr. pogg questioned if the Fire Chief and Fire Marshall are the same person. He was informed they are the same person. OFFICER REPORTS City Manager McMahon had nothing at this time. City Attorney Storey had nothing at this time. 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 8:01 p.m. Minutes submitted by: Lisa Kruckmeyer Page -5- Council Regular Meeting November 18, 1996