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05-19-1997 - Regular ....." .,., CITY COUNCIL OF EDGEWATER REGULAR MEETING HAY 19, 1997 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 Gallo, Edgewater united Methodist Church. PROCLAMATION RECOGNIZING DOMINICK FAZZONE AS "MOST HONORED RESIDENT" Mayor Hayman announced Dominick Fazzone passed away early Sunday morning. He then read the proclamation declaring Mr. Fazzone as a "Most Honored Resident." Councilman Hays asked for each Councilman to sign the proclamation and pass it on to Mrs. Fazzone. Each Councilmember presented comments regarding Mr. Fazzone. APPROVAL OF MINUTES A. Special Meeting of May 1, 1997 Councilwoman Martin made a motion to approve the May 1, 1997 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. B. Regular Meeting of May 5. 1997 Councilman Hatfield made a motion to approve the May 5, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Don Masso, 317 pine Breeze Drive, spoke about Mr. Fazzone always had the interest of the City at heart and conducted himself accordingly. Mr. Fox, Volusia County Business Development corporation, spoke about their request for a contract with the city. They need to know they can count on Edgewater from here on out. Mr. Fox touched on a couple things VCBDC has done for the City such as opportunity fund grants, recruiting boat manufacturers, and the problems on Guava and Hibiscus Drives. Mr. Fox asked Council to favorably consider their request for a contract. .." ..., Joe Martin, East Volusia Engineering, spoke about the completed marketing brochure done by the Economic Development Board. He spoke about a brochure he had worked on when he served on the EDB and the problems on Guava and Hibiscus and the image of u.s. #1. Mr. Martin feels the time is right for the brochure. Mr. Martin stated there should be a contract in June for the acquiring of the Gran Central property by FIND with a closing to follow in 120 days. By the time this brochure starts producing serious inquiries you will be able to show an industrial district that is no longer a dream but a reality. He feels the brochure is a beautiful piece of work. CITY COUNCIL REPORTS Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Mayor Hayman spoke about legal expenses incurred as a result of his representation of the city at the Metropolitan Planning Organization. Mayor Hayman and City Attorney storey presented a list of the detailed expenses and the allegations and report of the findings against Mayor Hayman. He has been exonerated and they have found no probable cause to pursue the matter. Mayor Hayman elaborated on the total cost for legal expenses. The total to be paid under the City's Self-Insurance is $2,318.63. Mayor Hayman spoke about how the costs will be paid and handled. The only caveat that Cobb Cole & Bell suggests is that both the League and City's Self-Insurance identify what invoices that have been billed, the money is to cover. Councilman Mitchum made a motion to approve this per staff's request. Councilman Hays doesn't see any indication in the investigation that anything the Mayor did was outside the scope of his duties. He feels the City has an obligation to protect the Mayor. The motion was seconded by Councilman Hays. The motion CARRIED 4-0. Mayor Hayman abstained. Mayor Hayman spoke about a letter from the Volusia County Public Works Service Center regarding Zone 2 Road Impact Fee Recommendations. He informed Council he would keep them posted as this changes. Mayor Hayman spoke about correspondence from the Chamber of Commerce regarding Steve Dennis' endorsement of the City's position on the 30% plan and design for SR 442. They support the City's position. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ord. No. 97-0-07 Amending Section 3.04 Election and Terms of the Charter Mayor Hayman presented the background information and staff's recommendation. Mayor Hayman opened the public hearing and read Ord. 97-0-07. Page -2- Council Regular Meeting May 19, 1997 'W' ."." There being no comments, Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 97-0-07, second by Councilwoman Martin. The motion CARRIED 5-0. B. Res. 97-R-14 Supporting the "Mica Plan" for Development of Seminole Rest Mayor Hayman presented the background information and read Res. 97-R-14. Councilman Hays made a motion to approve Res. 97-R-14, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. OTHER BUSINESS A. Cooperative Business Development Agreement with Volusia County Business Development Corporation (VCBDC) Mayor Hayman presented the background information. City Attorney Storey elaborated on the legal requirements in the agreement. Councilman Hays questioned the benefit to the City to establish more procedural hoops to jump through in anything they do. Why shouldn't they hold this until they get into the budget process. They need to see what they can afford to do each year and do that. Councilman Mitchum agreed with Councilman Hays. He has no intention of jumping into more legal hurdles. He also feels this should be addressed at budget time as it usually is. Councilwoman Martin agreed with Councilman Mitchum and Councilman Hays. Mayor Hayman questioned if there is a pressing need for this to be addressed now rather than during the customary budget session. Drew Page, President, VCBDC, informed Council there is no need to discuss it now. It isn't a question of money as it is a question of procedures. Their role is not to ask for money but for Council to consider the contract so everyone knows where they stand. It was the consensus of Council to delay this until the budget process. Councilman Hatfield moved to delay further discussion and decision on this until the normal budget session, second by Councilman Mitchum. The motion CARRIED 5-0. B. Presentation by Economic Development Board Chairman Richard Jones of completed marketing brochure and flyer Dick Jones, Chairman, EDB, 1530 Sabal Palm Drive, made a presentation regarding how the brochure was funded and what it contains. Mr. Jones explained they will be getting 5,000 copies of the Executive Summary on Friday and they are working to prepare a Web page. They are also waiting for a proposal regarding a map of our area showing significant points of interest extending from the Lighthouse down to the Canaveral National Seashore area. Page -3- Council Regular Meeting May 19, 1997 '-" 'WI' Sean Sullivan, Account Executive, Jiloty Communications Inc., introduced himself. Council thanked him for a job well done. Councilman Hays made a motion to approve the brochure as presented, second by Councilman Hatfield. The motion CARRIED 5- o. C. Purchase two John Deere utility vehicles from South Daytona Tractor & Mower, Inc. using State contract Councilman Hays moved for approval, second by Councilman Mitchum. Councilman Hatfield feels these vehicles are more than is needed. Mr. Corder feels it is a better vehicle for where it is going to be. Councilman Hatfield spoke about a manufacturer within the City that manufacturers something similar. He asked if prices were checked with Cushman. Mr. Corder explained he went to the State bid list and they had no listing. Councilman Hatfield would like Cushman to look at this and see what kind of bid they could give us. Councilman Mitchum explained he likes John Deere equipment and they are a fine manufacturer with a good track record. Mr. Corder explained why he did what he did. Mayor Hayman doesn't have a problem with going out for bid. He further spoke about Cushman being a local manufacturer. Councilman Mitchum suggested Mr. Corder look into this and bring it back at the next meeting. Councilman Mitchum withdrew his second. Councilman Hays stated if they do make the vehicle, then we have to go out on bid. Mr. Corder questioned if they go out for bid, and Cushman isn't the lowest bidder then what do they do. City Attorney Storey explained it will be a Council decision at that time. Councilman Hays withdrew his motion. Councilman Hays made a motion that if Cushman does not produce equipment comparable to this, they should proceed with the purchase under State bid, second by Councilwoman Martin. The motion CARRIED 5-0. Addition to Agenda - Gabordy Canal System No. G2 Community Development Director Mark Karet spoke about a memo from city Engineer Fegley where he identified another project he believes would be of equal or greater need which does fall within the target area. It has been verbally cleared with the County staff. If approved, we will put this project in place of the Palmetto Canal for the community Development Block Grant. Mr. Karet explained the new project is part of the Gabordy Canal System No. G2 which parallels Canal Road to the east from the Oak Ridge Avenue intersect to Mockingbird Lane intersect. Councilman Hatfield spoke about his home being on the G2 and the flooding problem in this area. Councilman Hatfield moved for approval, second by Councilman Mitchum. The motion CARRIED 5-0. Page -4- Council Regular Meeting May 19, 1997 ~ ."", GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. OFFICER REPORTS City Manager McMahon informed Council the Menzi Muck should be here in early June. Mayor HaYman questioned the status of the engineers that are looking into the wastewater treatment. City Manager McMahon stated they are supposed to get back to us this week with the information to be presented to the County for bulk rate. City Attorney storey informed Council the Animal Control ordinance is still being reviewed and will be presented prior to the next Council meeting. City Attorney storey explained the City received the successful results from the Florida Supreme Court in the Keenan vs. City of Edgewater matter. The Florida Supreme Court denied jurisdiction and since that time she has been informed the UTE has determined they will not pursue that any further. City Attorney Storey stated there is a motion for attorney fees pending and that hearing has been scheduled for August 4th. She agreed to keep Council informed of the progress. Councilman Hays questioned if the judge rules in favor of the City, how do they go about collection. City Attorney Storey explained if the plaintiffs didn't come forward voluntarily, we would have to foreclose on the judgment. Councilwoman Martin asked who the judge was who heard this case. City Attorney Storey elaborated on Councilwoman Martin's concerns. Councilman Hays spoke about rotating the reuse for a consensus of Mayor and Council to obtain the reuse water at the Mango Tree Drive site. becoming more of a priority. water. He asked a permit to mix He feels this is City Manager McMahon explained it is part of the repermitting process of the consumptive use permits. Councilman Mitchum suggested maybe having water days, possibly on the weekends. There was further discussion regarding the reuse water availability and the cost. Mayor HaYman suggested asking City Manager McMahon and staff to come back with a recommendation at the next meeting. Councilman Mitchum spoke about the cost for reuse water in New Smyrna Beach. Councilman Hays feels the key is to be able to use the lake on Mango Tree Drive. city Manager McMahon and utilities Director Terry Wadsworth agreed to made a recommendation at the next meeting. Councilman Hays spoke about the incinerator area and needing to look at how much more brush can be mulched instead of burned. He feels this needs to be looked at since they are coming up on the budget process. Page -5- Council Regular Meeting May 19, 1997 ~ ...", Councilwoman Martin would like Council to consider dedicating the proposed fountain to Dominick Fazzone. Councilwoman Martin made a motion, second by Councilman Mitchum. The motion CARRIED 5-0. Mayor HaYman spoke about the the Road Improvement Program stated until they have final to have a place for storage. next 30 days. building materials associated with being removed. City Manager McMahon approval of the project, they have They should be removed within the Mayor HaYman asked City Manager to look into this. ADJOURNMENT There being no further business to discuss, Councilwoman Martin moved to adjourn. The meeting adjourned at 8:18 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting May 19, 1997