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12-01-1997 - Regular .. ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 1, 1997 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 Interim City Attorney Nikki Clayton Interim City Manager Kenneth Hooper 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 Schneider, Praise Tabernacle. There was a pledge of allegiance to the Flag. Mayor Allman read the procedure for the meeting. APPROVAL OF MINUTES A. Special Meeting and workshop of November 10, 1997 Councilman Hammond made a motion to approve the November 10, 1997 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Regular Meeting of November 17. 1997 Councilman Hammond made a motion to approve the November 17, 1997 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) Ben Vasquez, 2807 Needle Palm Drive, spoke about appointing the Assistant City Manager as Acting city Manager. He opposes any Acting City Manager at this time or that this Council appoint anyone that has previously been on this Council. The people voted to replace the entire Council and they voted to replace some of the people running the City. He thinks it is in order that Council consider this. Mr. Vasquez asked the purpose of an 8" PVC water line located in east right-of-way on Air Park Road. He has received information that an aircraft manufacturing company is moving into Edgewater. He asked if this is correct. utilities Director Terry Wadsworth stated that item does not address an aircraft manufacturer. Red Carpet Helicopters is building hangers on Air Park Road and they have requested permission to extend an existing 8" water line to serve his property. To his knowledge, it isn't aircraft manufacturing, it is just hangar space at this point in time. W' ....., Mr. Vasquez stated he has received information from out of state that a company by the name of Sandpiper is going to start building aircraft over at the airport and he assumed they meant Edgewater because they said it is approximately 10 miles south of New Smyrna Beach. He stated if this is going to take place here, he wants to know why the people were not notified of that. Joe Martin stated he owns some of the property by the airport on Air Park Road. That airport is in the County, is privately owned, the paving of the runway is being paid for by the people who have access to that runway. There is no taxpayer money being used to pave the runway. The water line that is being extended is a water line that he and his wife have paid for putting in in 1991 when they built their facility out there. The extension this time is to provide service to another facility which will be located south of where that water line is now. He would like the previous gentleman to rest assured because as far as he knows there is no taxpayer money involved in this at all. CITY COUNCIL REPORTS Mayor Allman had nothing at this time. Councilman Gornto stated last week at a meeting he left, a comment was made that he left in disgust because of what had occurred. The reason he left the meeting was because he was upset with himself for acting inappropriately. He had dropped to the level of arguing with the people in the audience. He has apologized to the person he made the comments to. Councilman Gornto stated he has a high blood pressure condition and in the past six or seven months he has had to undergo treatment for panic attacks. Once he realized he had crossed a threshold of excitement, he felt it was in his best interest to leave the meeting. Councilman Gornto stated four Councilmembers were present. As long as there are enough Councilmembers present, business continues on. The matter that came before the Council failed for a lack of a second. It was not his fault. Councilman Gornto stated there is aircraft manufacturing at Massey Air Park. Experimental aircraft are being built out there. Manufacturing of aircraft is going on at that park now. Councilman Hammond had nothing at this time. Councilman Roberts commented on the activity at the Air Park. He spoke about Mr. Vasquez's concern that the City will be spending money to extend water lines. He feels it is a win-win situation for the City due to the City not paying for extending the water lines. He feels they should look towards the future and see what they can do with Massey Air Park and work it in to become part of the City in the future. Councilwoman Lichter stated on November 8th she attended her first Volusia Water Alliance meeting and the st. John's waterway is having a series of lectures. She heard "Avoidance and Mitigation Impact". She went on to give a report on that meeting. She informed Council Edgewater received a compliment that day in terms of the reclaimed water usage in Edgewater and in terms of the retention ponds in Florida Shores and the water drainage system. Page -2- Council Regular Meeting December 1, 1997 ,., ...., PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. No. 97-R-28 Charter Review Committee Interim City Manager Hooper presented a report on Res. 97-R-28. Mayor Allman read Res. 97-R-28 in its entirety. Councilman Hammond asked to have his name corrected in the resolution from Councilwoman to Councilman. Mayor Allman asked if anyone was ready to make appointments. Councilwoman Lichter informed Council she was. Councilman Roberts was not ready but was ready to adopt the resolution. He feels they should put it in motion if some Councilmembers want to appoint tonight. If not, they should be able to appoint at their discretion. Mayor Allman feels they should appoint at the same time due to the fact that they will be coming under the Sunshine Law. Interim City Attorney Clayton suggested Council adopt the resolution and bring the appointments back at the next regular meeting or they could appoint some tonight and when they are notified of their appointment to just be cautioned that the members are going to be appointed over a period of time and not simultaneously so they would not be talking among themselves after they have been appointed. Mayor Allman feels the best way to do this would be to adopt the resolution this evening and table the appointments until December 15th or they could do it tonight. Councilwoman Lichter spoke about having more appointments on December 15th as well as reviewing the City Manager applications. She would rather do it tonight but if Councilman Roberts is not ready she doesn't feel anyone should be pushed. Councilman Gornto and Councilman Hammond were ready to make appointments. Councilman Roberts suggested doing it tonight. Councilwoman Lichter spoke about terminology and hopes the Charter Review Committee will address it. She feels the terminology should be cleaned up. Interim City Manager Hooper stated they could include it in the motion and call it Item G - Terminology Coordination. Councilman Roberts asked about section 7 of Res. 97-R-28 pertaining to the list of areas for review. He feels the Committee should not be limited to just those items. Councilwoman Lichter stated in the matter of acceptance or denial, is this going to be taken as a package deal. Is each item to be voted on separately by the public or will they have to do the whole thing. They may disapprove of one particular thing and the whole thing would go down. It is very difficult to get acceptance of a Charter revision. Interim City Manager Hooper explained that is part of the finesse of a Charter Review Committee is to put it together as separate items or they can lump it all into one major change. Major changes are much more difficult to get voter approval. The smaller more compact areas that can be voted on separately, the better the chance of having some of those approved. Councilman Gornto spoke about the role that the City Council, City Manager and City Attorney play in this. Once you appoint this committee, and they hold a meeting and he shows up as well as someone else from the Council, why would he not be in violation at that point. Page -3- Council Regular Meeting December 1, 1997 'W' ....., Interim city Manager Hooper explained because all of their meetings are Sunshine subject meetings. They are advertised. Anything they do, the whole Council could be present. Paul Jenkins, willow Oak Drive, feels Council should consider putting more people on the Committee. He recommended placing 12 or 15 people on the Charter Review Committee. He feels they need a wide spectrum of the community to give the implication of a fair review. Councilwoman Lichter spoke to Interim City Manager Hooper regarding appointing more than five members. He made a very good point in that the Chamber could come in and speak to the Charter Review Committee as well as the businessmen. They can use those groups as resources. She feels this is a good idea. Councilman Roberts feels keeping it at five members, it gives direct representation from all districts and the Mayor at large so you cover the City. He feels it will become too cumbersome if they get into 12 or 15 members and just bog down the process. Councilman Roberts made a motion to adopt Res. 97-R-28, second by Councilman Gornto. The motion CARRIED 5-0. Mayor Allman recommended appointing George Ewing. Councilman Gornto recommended appointing Ferdinand Heeb. Councilman Hammond recommended appointing Michael Nattress. Councilman Roberts recommended appointing Jack Hayman. Councilwoman Lichter recommended appointing Mary Sandy Jones. Councilwoman Lichter spoke about Mr. Heeb already serving on the Firefighters Pension Board. Interim City Manager Hooper explained this is an ad hoc committee and he thinks this would be acceptable as long as Council agrees. Councilman Gornto made a motion to approve the five nominated appointments, second by Councilwoman Lichter. The motion CARRIED 5-0. CONSENT AGENDA A. Mears Motor Leasing Schedule A (Change of Vehicle) and early- out addendum/ Police Department Task Force Officer Councilman Gornto made a motion to approve the Consent Agenda, second by Councilman Hammond. The motion CARRIED 5-0. OTHER BUSINESS A. Request of Councilmember at November 17/ 1997 meeting to re- agenda request of Assistant city Manager to be named Acting City Manager Councilwoman Lichter stated she is the one that requested this because she feels it is unfinished business. She stated this is no reflection on Mr. Hooper. This has to do with monetary manners. The fact is that Mr. Munoz has longevity in this town and has served it diligently. She believes Mr. Munoz deserves an answer. He is there every day and he does take over when Mr. Hooper is not present. Councilwoman Lichter made a motion to accept Mr. Munoz's request to have him act as Interim City Manager for the duration until someone is hired permanently. Page -4- Council Regular Meeting December 1, 1997 .. ~ Councilman Gornto asked the time frame on the selection process. Interim city Manager Hooper stated it closes December 5th and they have a December 10th work session to short list. It is his effort to have a number of applicants to interview by the time his contract is up on January 2nd. Councilwoman Lichter asked if there is a possibility they will not have someone by January 2nd. Interim City Manager Hooper explained if they choose someone that has a job elsewhere, there may be a notice provision he has to give so that is the catch he sees. Councilman Gornto seconded the motion. The motion DIED 1-4. Mayor Allman, Councilman Gornto, Councilman Hammond and Councilman Roberts voted NO. B. Authorization to advertise for outside legal counsel Interim City Manager Hooper made a staff presentation and referred to the letter of interest in seeking proposals back from firms or individuals who are seeking a position of city Attorney. He informed Council he is seeking approval for the advertisement to occur. Interim City Manager Hooper explained the way the advertisement is worded is for any reasons. You reserve all reasons to reject and change your mind to do something different. Councilman Roberts stated the presentation made at the last meeting was very convincing. He feels the city should consider going with a firm rather than an in-house attorney. He further elaborated on reasons why he feels this would be the wise thing to do. Mayor Allman elaborated on why he is leaning more towards an in- house attorney. Councilwoman Lichter also feels they should go with an in-house attorney and explained why she feels this way. Councilman Roberts questioned staff going through the City Manager with legal questions. Interim City Manager Hooper explained that was to control costs. Council has direct access to the attorney to ask their questions. Councilman Roberts asked if they should request proposals from both individual attorneys and law firms. Interim City Manager Hooper stated his problem with that is it sends a message that Council doesn't know what they are doing. He would rather they be addressed one at a time. He suggested advertising for a legal firm and go through the process. If they are happy with what they find, select somebody. If not, just readvertise and go through a different process. Councilman Hammond made a motion to accept the ad and seek legal contract services, second by Councilman Roberts. The motion CARRIED 5-0. C. Proposal by Hartman and Associates. Inc. to provide professional engineering services - reclaimed water storage pond and supplement utilities Director Terry Wadsworth made a staff presentation regarding the need for professional engineering services for the reclaimed water storage pond and supplement reclaimed water supply from the lake between Mango Tree Drive and Lake Avenue, running from 12th street north to the Wastewater Treatment Facility. He informed Council they will receive an $8,500 grant from st. Johns. Page -5- Council Regular Meeting December 1, 1997 .. ~ Troy Layton, Hartman and Associates Inc., spoke about the study his firm would be performing. Councilwoman Lichter stated Exhibit A states Edgewater is in Volusia County. Mr. Layton agreed to correct that. Councilman Roberts asked how long the study would take. Mr. Layton elaborated on the proposed schedule pending rainfall events. They are looking at about 215 days to do the project. Councilman Hammond asked if that lake was isolated before and had no runoff. He was informed this is correct. Councilman Hammond asked if surrounding homes have been flooded before. Mr. Wadsworth stated yes they have. Councilwoman Lichter asked Mr. Wadsworth to explain impact fee eligible which he did at this time. Councilman Roberts asked if there has been any reaction or comments from residents nearby. Mr. Wadsworth stated he has not had any directly. Councilwoman Lichter made a motion to authorize Hartman and Associates Inc. to perform the Department of Environmental Protection required groundwater mounding analysis at a cost not to exceed $45,000, and to declare this project impact fee eligible, second by Councilman Gornto. The motion CARRIED 5-0. D. Authorization to extend 8" PVC water line located in east right of way on Air Park Road south of Park Avenue to proposed hangar project south at Massey Air Park at developer's expense Interim City Manager Hooper stated staff recommends this extension be paid for strictly by the developer. He suggested Council have the developer sign an agreement to annex when the parcel is contiguous to the City. Councilman Roberts made a motion to go along with the water line with the agreement of annexation in the future, second by Councilman Gornto. The motion CARRIED 5-0. E. Purchase of two ~ ton pickup trucks under state contract for Parks and Recreation Department at a total cost of $28.169.28 Interim City Manager Hooper informed Council staff recommends approval of this. Councilman Gornto made a motion to approve the purchase of two ~ ton pickup trucks under state contract in the amount of $28,169.28, second by Councilman Roberts. The motion CARRIED 5- o. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, spoke about the firing of George McMahon and Krista storey and they are always told there was a mandate. Ms. Hill asked Mayor Allman where Perry Barrett gives him a mandate. She believes it was Perry Barrett who went with Mayor Allman to hire Nikki Clayton. Ms. Hill stated Perry Barrett doesn't even vote in this City. She informed Mayor Allman he has brought a lot of trouble on this City and the people. Roger Hammond, 2104 s. Riverside Drive, spoke about the lake on Mango Tree Drive. He feels the City has a fortune there in fresh water. He asked Council to give this some thought before they vote on this. Page -6- Council Regular Meeting December 1, 1997 ., ..." OFFICER REPORTS city Clerk Wadsworth had nothing at this time. Interim City Attorney Clayton had nothing at this time. Interim City Manager Hooper spoke about an annexation in New Smyrna Beach of 5,700 acres. Their final public hearing is December 9th. There was a resolution passed by Edgewater and New Smyrna Beach in 1980. It outlined a joint annexation reserve area. This annexation is clearly in opposition to that. Interim City Manager Hooper informed Council if they wish to take a position, a letter can be written to them informing them this is in violation to an existing agreement that was done, Res. 80- R-135. Councilwoman Lichter asked if this a hop scotch type of thing. Interim City Manager Hooper stated this is a large parcel with four or five owners together coming out to the west, then south, wraps around Edgewater and comes to the west and then to the south. Councilman Roberts asked if the agreement that was drawn up in 1980 is legally binding. Can they bypass the agreement they had with Edgewater. Interim City Attorney Clayton explained it is a joint resolution but it is a very old resolution. The question is whether or not the policies of both of the cities have changed in an evolutionary pattern although there has been no expressed overruling of the resolution. Councilwoman Lichter asked what the impact might be on Edgewater. Interim City Manager Hooper explained it will sever any expansions the City of Edgewater has to the north and the west. Interim City Attorney Clayton explained she feels the purpose of the resolution back in 1980 was to try and avoid any kind of war- fare or dispute between cities in battling for territory. Interim City Manager Hooper stated he and Mr. Karet have a meeting with the land owners on Tuesday morning to try and get some better understanding. He suggested authorizing the Mayor to send a letter that is in opposition to the annexation as they understand it right now. If it is not in compliance with what was adopted in 1980, Council would like to talk about this further before they approve any annexations. Councilwoman Lichter asked if they should have representation at that meeting. Mayor Allman feels they should. Interim City Manager Hooper feels they should have someone at the meeting to present the letter. Councilwoman Lichter asked if Mr. Karet would attend in official capacity. Interim City Manager Hooper feels that would be good. Councilwoman Lichter asked to have a notice put in their mailbox regarding the meeting. Interim City Manager Hooper also agreed to present a map of the annexation. Interim City Attorney Clayton recommended instead of sending a staff member she feels it would be more appropriate to send a member of the Council to be a representative of the City. Not that Mr. Karet wouldn't be there also. Councilman Roberts asked if they insist upon going through with it, is there any way it could be stopped legally. Interim City Attorney Clayton stated she wouldn't be willing to comment on that at the moment. She feels they are in a talking stage. Page -7- Council Regular Meeting December 1, 1997 "-' ...." councilman Roberts asked how close this property is to 1-95. Interim City Manager Hooper stated it does encompass the 1-95 area. It is on the west but up to 1-95. Councilwoman Lichter made a motion to have a letter sent to New Smyrna Beach including the resolution, second by Councilman Roberts. The motion CARRIED 5-0. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn, second by Councilman Roberts. The meeting adjourned at 8:20 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting December 1, 1997