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06-03-1996 - Regular ..... ....." CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 3, 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 Excused Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dr. Bill Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of May 20. 1996 Councilman Hays made a motion to approve the May 20, 1996 minutes, second by Councilwoman Martin. The motion CARRIED 3-0. Councilman Mitchum was absent. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Edward Keenan, 1905 pine Tree Drive, asked for clarification of Res. 96-R-17 regarding the st. Johns River Water Management District. Mayor Hayman explained the reason for this request. Mr. Keenan agreed to get in touch with City Engineer Fegley. CITY COUNCIL REPORTS Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays commented on the development of a recreation site. He asked for an opportunity to have a workshop addressing the recreation issues and needs in the City before it is presented on the November ballot. City Manager McMahon informed Councilman Hays they are planning on having a workshop in July. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. 96-R-17 Requesting st. Johns River Water Management to reduce permit application fees Mayor Hayman presented the background and read Res. 96-R-17. city Engineer Fegley elaborated on the permit requirements of st. '-" ..., Johns for stormwater and the City being able to qualify for the reduction of the cost of the permit extension. Councilwoman Martin made a motion to approve Res. 96-R-17, second by Councilman Hays. City Manager McMahon further commented on the cost savings of this project. The motion CARRIED 4-0. B. Res. 96-R-18 Authorizing signing of a CDBG Cooperation Agreement with Volusia County City Manager McMahon and community Development Director Mark Karet presented the background of Res. 96-R-18. Mayor Hayman read Res. 96-R-18. Councilman Hays made a motion to approve Res. 96-R-18, second by Councilwoman Martin. The motion CARRIED 4-0. CONSENT AGENDA A. FDLE User Agreement for FCIC Councilwoman Martin made a motion to approve the Consent Agenda, second by Councilman Mitchum. The motion CARRIED 4-0. OTHER BUSINESS A. Police Department recommending the acceptance of the COPS FAST grant in the amount of $162,180.00 City Manager McMahon presented a summary of this request. Police Chief Schumaker presented further details of the grant and informed Council how well the program has worked in other cities. There was a discussion regarding the part time officer helping out with animal control and the two additional officers being exempt enough from service to interact with the public. city Manager McMahon explained if the money is not accepted, federal spending will be reduced. Mayor Hayman commented on the juvenile situation in Edgewater and community policing. He expressed concern about the decision that will need to be made in three years as to whether or not to keep the police officers hired under the grant. Councilman Hays commented on the projected growth in Edgewater over the next few years and the need for additional police officers. He commented on vandalism in the parks and the money spent to clean up. Councilman Mitchum made a motion to approve and accept the COPS FAST grant, second by Councilman Hays. The motion CARRIED 4-0. B. utilities Director request from OPM-USA Inc. to place 400' tower on City property (Water Plant site) for annual lease payment City Manager McMahon commented on the financial impact to the City if the lease is approved. Page -2- Council Regular Meeting June 3, 1996 '-" ,..., utilities Director Terry Wadsworth informed Council Mr. John G. Mortellite was present to answer any questions. He commented on the height requirement and having to go before the LDRA for conditional use. He informed Council of a mistake in the agreement and asked that this be changed back to 100 X 100. Mayor Hayman questioned the physical location of the tower in proximity to the Water Plant. Mr. Wadsworth described the location. Mayor Hayman questioned what OPM-USA Inc. will be using the tower to transmit. John G. Mortellite, OPM-USA Inc., explained it is a multi-use tower which will be used in connection with cellular communication, emergency services and paging devices. Councilman Hays questioned Item 12 of the lease agreement. City Attorney storey elaborated on Councilman Hays' concerns. Councilman Mitchum again questioned what is going to be on the tower. Mr. Mortellite elaborated on the uses that will be on the tower. Councilman Mitchum questioned where the City stands if they don't like the tower. City Manager McMahon explained the agreement would have to be renegotiated. There was a discussion regarding an opt out provision to be included in the agreement. Mr. Mortellite explained they would be happy to work with the city. There was a discussion regarding some other alternatives. Councilman Mitchum would prefer fifteen years, ten years, and five years. City Attorney storey explained one mechanism would be to set the time frame and then provide for an automatic renewal unless there is an objection. She commented on a window to review the agreement in case there is a conflict. Mr. Mortellite stated he wouldn't have a problem with fifteen years and the economics could still be worked out. Mayor Hayman summarized the Council would agree to fifteen years being the initial contract with an automatic renewal provision unless there is a conflict. City Manager McMahon commented on the build out of the cellular industry. councilman Mitchum moved for approval with the change in the agreement to provide for a fifteen, ten, five year opt out renewal provision, second by Councilwoman Martin. The motion CARRIED 4-0. C. Parks & Recreation Department request Interlocal Agreement for joint use of Indian River Elementary School facilities Parks & Recreation Director Jack Corder presented the background information for joint usage of the facilities at Indian River Elementary. The total financial impact would be $10,000; $3,000 for a soccer field and $7,000 for a roof over the basketball courts which would be paid out of Recreation Impact fees. Councilman Hays questioned how much access we would have to it. Mr. Corder informed him we would have access in the evenings, on the weekends, and during the summer. It will be used by the school during school hours. Page -3- Council Regular Meeting June 3, 1996 .... ..., City Attorney commented on typographical errors in the proposed agreement that she and Mr. Corder would like to clean up before presenting it to the Mayor to sign. Councilman Hays questioned if the City enters into an agreement with the school, is the liability shared as well. City Attorney storey informed Councilman Hays it is in the agreement which states the City would be liable or responsible for items in which it is our own negligence. There was further discussion regarding the liability. The Council expressed their appreciation for the school working with them. Mayor Hayman suggested following up on negotiating an arrangement where New Smyrna Beach, Edgewater, and County Recreation could get involved in the Middle School Recreational site. Mr. Corder agreed to look into it. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 4-0. D. Request for Special Activity fund raising event for First Pentecostal Church to sell fireworks at 1838 South Ridgewood Ave. City Manager McMahon stated we have not in the past waived fees for anyone. william Bledsoe, First Pentecostal Church, presented his request to sell fireworks at 1838 S. Ridgewood Ave. The Council discussed waiving fees in the past for non-profit organizations. Councilman Mitchum made a motion to approve this request and waive the fee, second by Councilman Hays. The motion CARRIED 4- O. Mr. Bledsoe questioned what he is to do next. City Clerk Wadsworth informed him he must contact the City for inspections once the tent is erected. There was further discussion regarding the requirements in order to obtain a Special Activity permit. E. Appointment to the Economic Development Board due to the resignation of Dr. Charles Gebelein Councilman Hays made a motion to appoint Gary Roberts to the Economic Development Board, second by Councilman Mitchum. The motion CARRIED 5-0. Mayor Hayman commented on the vacancy on the Growth Management Commission for representation from our City. He commented on the interest of Karen Hall. Councilman Hays made a motion to appoint Karen Hall, second by Councilman Mitchum. The motion CARRIED 4-0. F. Discussion of Volusia County response-Wastewater Treatment Plant/Edgewater City Manager McMahon spoke about discussing with the County the possibility of buying into the City's Wastewater Treatment Facility by having the City provide treatment for Southeast Volusia County and possibly Oak Hill. He commented on the response from the County Manager. Page -4- Council Regular Meeting June 3, 1996 ..... ...." City Manager McMahon spoke about the County not having any experience and limited ability in using reuse or conducting operations of a wastewater treatment facility. The City has been treating wastewater for about 34 years. He feels the County is not only in error but they have not given a great deal of thought to this if this is their response. City Manager McMahon commented on the City always having a NPDES permit. He commented on the cost difference between what the city would charge and what the County will charge. city Manager McMahon spoke about the rerating of our Wastewater Plant. City Manager McMahon presented his suggestions of what the Council should do such as directing the City Manager to consider writing the state and asking them to review this situation and directing the City Manager to look into the renewed interest in double taxation. He asked the Council to back him up on the issue of writing the County, challenging them on the points made by them directly, on the points made by him tonight, and inviting them again to sit down and look at the economics and the rationale for discussing this. Councilman Hays presented his comments regarding the letter from the County and the Charter Review Committee. He spoke about plans being made for water also. He commented on the citizens already paying for what the City did and then they will be expected to help pick up the tab for what the County wants to do. That is double taxation. City Manager McMahon stated he has not detected that they have subsidized their study, which is over $100,000 for this plant, but the price tag for that plant is $10 million. Mr. Wadsworth stated that is for the whole program including the collection system. The plant is about $5 million. Councilman Mitchum questioned how much we are treating per day now. Mr. Wadsworth stated right now we are treating about 1.4 million. The annual average is about 1.6 million and the plant is rated at 2.25 MGD. During the rerating, we are very confident that the plant can be rerated at at least 2.85 with the possibility of going to 4 million gallons a day if the City needs to at its current site. Councilman Mitchum and Councilwoman Martin expressed support of this. Mayor Hayman commented on the layoffs at the businesses in Edgewater and Oak Hill and the economic impact. He spoke about the attempts to invite the County Council to discuss this. He feels we aren't getting any representation from the County Council. Mayor Hayman feels the taxpayers of Southeast Volusia have got to get in touch with their elected officials and tell them to do their job. Mr. Arrington is doing it for them and we are not satisfied with the way and direction he is going. We are not being represented. We are being dual taxed. Mayor Hayman commented on a conversation he had with Mr. Arrington regarding the use of Port Authority taxing dollars. Mayor Hayman was told he had no right or business to question that. Mayor Hayman commented on DeBary and Deltona incorporating this year which further reduced the size of County responsibility. Page -5- Council Regular Meeting June 3, 1996 '-' ...." Mayor Hayman fully supports City Manager McMahon. Mayor Hayman asked City Manager McMahon to write a letter to the County Council expressing our displeasure and encouraging them to do something. Councilman Mitchum made a motion to approve the three requests of City Manager McMahon and one request of Mayor Hayman, second by Councilwoman Martin. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Edward Keenan, 1905 Pine Tree Drive, asked in order to upgrade this plant from 2.5 to 3 million gallons, will it require additional physical changes costing the taxpayers of Edgewater additional money. He was informed no. There was a discussion regarding the rerating of the plant. Mr. Keenan questioned if the piping and extensions will be paid for by the beneficiaries of this outside the City. City Manager McMahon explained the beneficiaries will have to pay for their own distribution system. The City's impact fees are collected for the purpose of being able to expand the system without going back into the rates to do this. Councilman Mitchum explained the impact fees are used to lay the pipe. When Cory Estates hooks up, they will all pay an impact fee that goes back in and refunds that impact fee fund. There are no user rates in the City being used to fund a water line down outside of the City. Mr. Keenan asked how long it will take to retrieve the money that has been invested physically. City Manager McMahon stated less than two. Judith Lichter, 826 Navigators Way, addressed the County and the relationship the town has towards it. OFFICER REPORTS City Attorney storey informed the Council the case regarding Mary Lou McDonald has been dismissed. city Manager McMahon commended City Attorney storey that the City is batting 100% as far as the City never losing a case in that area of litigation. City Attorney storey explained with Mr. Horan's work on the S & E case, we have successfully convinced George Spofford finally to agree to mediation. A mediation conference is scheduled for June 20th. If it should go to trial, it will be set for January 20, 1997. Addition to Agenda City Attorney Storey informed Council Mayor Hayman was served on Friday for another personal injury matter. She informed Council of the details of the case. City Attorney Storey asked the Council to retain Dean, Ringers, Morgan and Lawton in reference to the Lillian Jaworski v. City of Edgewater case to represent the City. City Manager McMahon spoke about previous lawsuits and the need for outside counsel for litigation. Councilman Hays made a motion to retain the services of Dean, Ringers, Morgan and Lawton, second by Councilwoman Martin. The motion CARRIED 4-0. Page -6- Council Regular Meeting June 3, 1996 " ...... ..., City Attorney storey commented on a Code Enforcement matter regarding the filing of an appeal related to a case involving Edgewater Landings and Radnor Corp. Frank Gonzales is appealing the Code Enforcement Board's determination. The city has not been served with that suit but Mr. Gonzales is representing himself. She informed Council she will be handling that matter. City Attorney Storey presented an update of the Meadow Lake matter regarding the drainage ditch between Whistle stop Park and Meadow Lake. The hearing is scheduled for June 4th at 3:00 p.m. at Judge Kennedy's chambers. City Manager McMahon presented an update of the Water Alliance. City Manager McMahon asked Council for action on purchasing property for the future Fire station. The purchase includes 6 lots. He asked Council to authorize the Mayor to enter into an agreement for purchasing this after the review of the city Attorney and acquire this land at $21,000. Councilman Hays made a motion to approve, second by Councilman Mitchum. George Barlow, 1792 Persimmon circle, feels that property is way out of line of where a fire station is needed right now. There are four lots adjacent to the property they have purchased. He feels it would be wise to have a station in a much better location where the personnel is going to beat their site rather than ten blocks down the street and out of the population. The motion CARRIED 4-0. City Clerk Wadsworth stated there would be a workshop on June 10th in reference to Guava and Hibiscus in the Community Center. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn. The meeting adjourned at 9:20 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting June 3, 1996