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01-09-1995 - Regular ~ .."., . ".4 CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 9, 1995 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 minister scheduled to deliver the invocation was not present. There was a silent invocation. There was a pledge of allegiance to the Flag. Retirement of Public Works Department em~loyee Melvin Copeland with 16 years of service Mayor Hayman spoke highly of Melvin Copeland's service with the City and presented him with a plaque. Presentation of plaque from Government Finance Officers Association for Excellence in Financial Reportinq Mayor Hayman congratulated Karen Rickelman for the excellent job she has done and presented her with a certificate. Finance Director Fred Munoz gave an explanation of the meaning of this award. Mr. Munoz commended his department for the work they have done to help achieve this recognition. The plaque from G.F.O.A. was accepted to be put on display. Mr. Munoz presented Ms. Rickelman with a gift. city Manager McMahon thanked Mr. Munoz and his staff for the excellent job they have done. APPROVAL OF MINUTES Reqular Meetinq of November 7, 1994 Councilwoman Martin made a motion to minutes, second by Councilman Hays. Councilman Hatfield abstained due to that time. approve the November 7, 1994 The motion CARRIED 4-0. his not being on Council at Reqular Meetinq of November 21, 1994 Councilman Hays made a motion to approve the November 21, 1994 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. Regular Meetinq of December 5, 1994 Councilwoman Martin made a motion to approve the December 5, 1994 minutes, second by Councilman Hays. '-'" ..."" Mayor Hayman stated at the December 5, 1994 meeting there was mention made of a water planning session to be scheduled during the month of January. He asked City Manager McMahon to comment on the scheduling of that meeting. The motion CARRIED 5-0. City Manager McMahon commented on a long term stormwater plan. He explained this will take more time and it involves an engineering assessment of the different projects we have and what engineering work will cost. He stated rather than try to rush this matter through during this month, since there will be a mid year-review of the budget in March, at that time he would have a formal working plan of the current work that is going on. City Manager McMahon commented on the $3 stormwater fee. He explained when the stormwater utility was set up, a fund was established to not make capital improvements. He explained the fund was set up as a maintenance fund only. City Manager McMahon informed Council staff would have a formal work plan before the mid-year budget. CITIZEN COMMENTS Mayor Hayman reminded the citizens this time is reserved to solicit commentary from the public on items listed on the agenda. The second opportunity for citizen comments is used to comment on any other items. Paul Jenkins, Florida Shores, stated he was going to comment on the road improvement project. He spoke about the map that shows which roads are going to be paved. He spoke about a potential neighborhood park area being right where his house is. He spoke about provisions for people with side street driveways. Mr. Jenkins commented on drawings by the other engineering firm where side driveways were planned, that only one side was going to be paved and the other side was going to be left open to get access to the side driveways. He spoke about the people with side driveways parking boats, boat trailers or larger vehicles and not having enough of a turning radius to get in and out. city Manager McMahon stated the engineering plans take into consideration what the state permitting requirements are for displacement of the retention of the water as a result of the road. He spoke about accommodating the citizens needs. He informed Mr. Jenkins he would have answers for him at the next meeting. Tom Williams, 1223 willow Oak Drive, stated he cannot afford to pay for the paving of the roads. He commented on how his taxes have increased. He stated he does not need a paved road. He stated his only other alternative is to move out. Gail Wells, 2503 Woodland Drive, feels the City needs to look at the paving. She stated a lot of her neighbors are in the same situation. She expressed concern for the way the retention ponds are going to look. She spoke about the City not being able to maintain all of these retention ponds as well as the lift stations and everything else they are responsible for. Ms. Wells asked if the citizens are going to have a vote on this. Mayor Hayman stated if there is enough citizen support asking for a referendum, a referendum would be considered. Ms. Wells expressed concern with the property values in Florida Shores due to people wanting to move out because of the paving and retention ponds. Page -2- Council Regular Meeting January 9, 1995 '-" ..""" Dominick Capria, 606 Topside Circle, expressed concern with the tax situation. He feels the roads should be paved but it is getting out of line. He urged the Council to look at other ways to get the road improvement project completed. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, stated many people don't know that the east-west roads are going to be eliminated. He stated there has never been a map in the paper showing the exact locations of the retention ponds in relation to the properties. He feels this needs to be explained to the people. He agreed with Ms. Wells that the retention areas will not be properly maintained. He feels this is the wrong thing to do. Mayor Hayman stated Council has stipulated as a design requirement, in addition to a fifteen year minimum road life expectancy, that we not infringe upon those drives that are referred to as off-street. He informed Dr. Gebelein this would be addressed later on the agenda. Doris Hill, 112 Lincoln Road, asked what the alternative is. She asked if we are going to have the retention ponds and the swales on the roads that aren't going to be paved that aren't going to be used as roads or are they going to be in the back yards. She stated she can't imagine turning back on the road paving at this point. Councilman Hays explained they have looked at many different options on this and one of the first things that was looked at is to not use the option of the east-west streets but to purchase vacant properties and turn those into retention areas. He spoke about the high cost to do this. He explained for every square yard of asphalt that is laid on the ground, the city is required to provide stormwater retention that meets certain criteria with the state and federal government. Councilman Hays commented on the concern for a referendum. He stated we have had a number of public hearings addressing this and he thought the issue of whether or not we were going to do it was settled. He spoke about encouraging industry to come into Edgewater and the only way to encourage that tax base is if we have an infrastructure that will attract them. Dominick Fazzone, 302 Paradise Lane, stated he has been 100% in favor of paving. He is bothered with the increase of taxes and the stormwater fees. He explained the savings on the stormwater and the savings from the paving that we are doing now helping to eliminate tax increases. He urged the Council to get the paving on the roads but keep the interest of the citizens in mind. Mario DiOrio, 1823 Evergreen Drive, stated Mr. Clark is ill and Mr. Clark emphatically states that he feels the project costs too much money. He spoke about constructing the roads ourselves and purchasing our own equipment to do it. He spoke about the City not paying anything, it's the citizens that eventually wind up paying for it. Herb Nichols, 2114 Orange Tree Drive, feels if we keep waiting to put in the streets, the cost is going to keep going up. He is willing to get these roads in. COUNCIL/OFFICERS REPORTS city Attornev City Attorney Storey had nothing at this time. Page -3- Council Regular Meeting January 9, 1995 '-" ....", city Manaqer City Manager McMahon had nothing at this time. CITY COUNCIL Councilman Hatfield Councilman Hatfield spoke about signs in New Smyrna acknowledging winners of events. Councilman Hatfield spoke about the Edgewater Public School's Animation Club. He feels there should be signs put up recognizing the accomplishments of our schools in Edgewater to show the kids we are proud of them. Councilman Hatfield made a motion to direct the City Manager to purchase these signs, second by Councilman Hays. The motion CARRIED 5-0. Councilwoman Martin Councilwoman Martin stated the public is always welcome to go to city Hall and speak to the City Manager or staff concerning any project. Councilman Hays Councilman Hays asked that Item lOA - "Tour of Homes" fund raising project for 26 acres be brought up on the agenda to Item BB to follow Quentin Hampton's presentation. Councilman Mitchum Councilman Mitchum spoke on a contract that was given to Quentin Hampton for inspection services for this ongoing project. He stated he does not have a problem with giving Quentin Hampton the contract, but in giving them a contract that doesn't exist yet. Mayor Hayman Mayor Hayman had nothing at this time. CONSENT AGENDA A. Planned maintenance service aqreement with Rinqhaver Equipment Co. for Wastewater Treatment Plant's auxiliary power qenerator B. A T & T Commission Aqreement Mayor Hayman read the consent agenda. Councilman Mitchum made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 5-0. There was a five-minute recess at this time. NEW BUSINESS A. Quentin L. Hampton Associates updated report on road improvement proiect. includinq probable construction cost estimate and menu of construction alternatives Mayor Hayman commented on the road improvement project. He explained the reason for this presentation is to address the design of the road improvement program and the menu and the alternatives that we have directed Quentin Hampton to come back to us with. He stated we are not hear to discuss the funding and financing of the program. Page -4- Council Regular Meeting January 9, 1995 ~ ~ Mayor Hayman stated the focus of the presentation tonight are the details of the design and the specifics that Council has outlined such as a fifteen-year road minimum and accommodating the stormwater needs for our community for a term of twenty-five years. He stated Council has insisted these design criteria be included for approval tonight. Rick Fernandez, President, Quentin Hampton, stated with him tonight are Mark Hampton and Brad Blaise. Mr. Fernandez made a presentation regarding the value engineering report which is a direct result of Amendment #1 to their contract with the City. Mr. Fernandez commented on the existing project plans. He spoke about options they have looked at to help save on the cost. Mr. Fernandez commented on what is in the current construction plans for the east-west streets. He commented on 12th, 16th, 17th, 19th, 20th, 22nd, 26th, 27th, 28th, 35th, and 36th streets and the possible savings that could be accrued with changes in the construction plans on the east-west streets. Mayor Hayman asked if there was any objection from Council to go back to Modification #1 and address each one individually. There were no objections from Council. Modification #1 - Asphalt Councilman Hays questioned Option 1C using 30% recycled asphalt. Mr. Fernandez elaborated on his concerns. Councilman Mitchum commented on leaving that option open and if that material became available being able to move on it at that point. Councilman Mitchum spoke of a test project Smyrna Beach with some tire. He asked Mr. on this. Mr. Fernandez doesn't feel it is subdivision environment. going on north of New Fernandez's feelings appropriate in the Mayor Hayman commented on quality control. how this was going to be addressed. Mr. Hampton explained Councilman Mitchum commented on DOT getting ready to look at paving on u.s. #1. He asked who has the rights to that aggregate, the contractor. He was informed the contractor has the right. Modification #2 - Road Base Mayor Hayman questioned the durability of the shell mix. He spoke about Option 2C. Mr. Hampton commented on limerock/shell. Mr. Fernandez commented on soil cement. He stated he feels the 50/50 mix is going to be much better suited to the environmental conditions. Mr. Hampton commented on the actual construction technique. Mayor Hayman questioned the durability and wearability of soil cement verses the 50/50 limerock/shell base. Mr. Hampton explained why he feels soil cement is superior. Mayor Hayman spoke about an additional two inches to the base, which is referred to as a subbase, increasing the durability of the life expectancy of the road. Mr. Hampton elaborated on this. He stated the subbase is a very important and integral part of the road. Page -5- Council Regular Meeting January 9, 1995 '-' -.."",I councilman Hatfield asked if we are still going to get a fifteen- year road with the limerock. Mr. Hampton stated yes, provided the base and subbase work are done right, the road is primed correctly, and quality control measures are taken on the asphaltic concrete when it goes down. councilman Hatfield commented on construction labor savings. He asked if that was taken into consideration. Mr. Hampton informed him that is reflected in the price. councilman Hays asked if we are going from twenty-two to twenty- one feet and it is a twenty-foot road, why not go to twenty feet if there is a savings there. Mr. Hampton stated you really need to have something along the edge of the road. Modification #3 - Road Subbase This matter was discussed with Modification #2. Modification #4 - Endwalls councilman Hatfield spoke about the endwalls increasing maintenance. Mayor HaYman spoke about problems he has with using bahia grass. He stated he was satisfied with the sod doing the job on the endwalls he has observed. Modification #5 - Drivewavs councilman Mitchum spoke about Mr. Fernandez recommending Option 5B. He spoke about a lot of the driveways being concrete. He expressed concern with driveways being torn up. Mr. Fernandez explained most of the driveway work is going to be associated with the drainage culverts. He expressed concern that they have not gone out and done a detailed inventory of the driveways and how many have been built since the project plans were developed. councilman Hays questioned grass driveways. Mr. Fernandez stated in a case like that, their inspectors would work with the homeowner to get a restoration that is satisfactory to them that is the closest to the options that are available. councilman Mitchum asked if the residents will have the flexibility of doing an on-the-spot upgrade. Mr. Fernandez stated they would like to see them do that as an independent contract with the contractor. He doesn't want to get the City's contract on private property. Modification #6 - Sod councilman Hays addressed the retention ponds. He asked why they have to be sodded and not returned to native vegetation. Mr. Fernandez explained the sod that is in the retention areas is not included in Item #6. He explained these were designed to be dry retention areas. councilman Hays feels they need to seriously think about decreasing the cost of the overall project. Mr. Fernandez stated it would cost about $250,000 to sod the retention areas. Mr. Fernandez stated they do not have a copy of the permit that was drawn for the retention areas or the design calculations that support them yet. He explained they want to make sure there is no permit conditions that preclude the City not sodding. Councilman Mitchum asked why they don't have it. Mr. Hampton stated they have a copy of the permit but not the application and supporting documents. Page -6- Council Regular Meeting January 9, 1995 '-" ~ Councilman Mitchum asked that this permit be obtained from DRMP. Councilman Hays asked City Attorney storey to assist the Council with obtaining the documents. Mr. Fernandez stated he cannot think of a single instance where the st. John's River Water Management District has not required the sodding of the side slopes. There was a discussion regarding sodding the bottom of the slopes and the maintenance of the dry retention areas. Modification #7 - Reducinq the width of India Palm Drive and Silver Palm Drive Councilman Hays commented on Hibiscus backing up to the railroad tracks. He spoke about this being a concern of the people in the community. Councilman Hays questioned if that road was narrowed and made a one-way road north or south, would there be a significant savings to the project. Mr. Fernandez explained why this would not be a good idea. He would like to see that road left the way it is due to the commercial development along that road selling the program. Councilman Hays spoke about paving 26th east and west to take some of the load off Roberts Road and Indian River Blvd but the downside is that road doesn't come out to u.s. #1. He questioned if it would be worth the $337,000 it would cost to do it. Mr. Fernandez stated from an emergency vehicle perspective, it would be useful to have input from Fire and Police on that. He stated it shouldn't be accepted without the input from staff regarding public safety vehicles and the effect it might have on them. Mayor Hayman discussed not paving 26th Street and suggested putting this on the menu at a later date. Councilman Hays stated once the road is completed, it will either be a road with stop signs on it or you can make it a through street or make four-way street stops at each intersection which would slow down traffic coming through Florida Shores. He questioned if it may cause more problems training the people to stop at these intersections. Councilman Hays also suggested pulling 26th Street out and look at it again at a later date. Councilman Mitchum explained why he feels downgrading the project would not be a good idea at this point. Mayor Hayman explained they are looking at the traffic engineering benefits of the road. He suggested if 26th Street is retained, taking a long hard look at stop signs at every corner. Councilman Mitchum spoke about using 26th street as a truck route. He feels this may be feasible. He stated he is not opposed to putting stop signs at 26th street north and south and making that a service type road. Mayor Hayman commented on the considerations the Council wanted to be included in the design specifications. Councilman Hays stated if they decide to pave 26th Street, do it first and begin there and get the trucks that are working the project using that road. He feels that may be the perfect time to get people used to stopping at 26th Street. Page -7- Council Regular Meeting January 9, 1995 '-" ...." Councilwoman Martin stated monetarily the $337,000 in five years could go up to a million or more. Councilman Hays stated he would go along with paving 26th street as long as it was stipulated in the contract that is what the contractors would use. Mayor HaYman commented on cuts made across 20th street during the stormwater project. He asked if part of the design of this is to pave north south streets through 30th street. Mr. Hampton informed him it was not. There was a discussion as to where the starting area would be. Mayor HaYman stated he believed Council agreed on 26th street. Mr. Hampton stated he has been told the preference is to start at the southern end of the project. Modification #8 & #9 - Related to the existinq city water system improvements Mayor HaYman asked what the estimated cost is to address one of the boxes or connections. Mr. Hampton stated the costs they have been experiencing on DOT projects and a large number of municipalities is anywhere from $50 to $75 a box. Modification #10 - Resulted from discussion with city staff There was a brief discussion regarding the elimination of the fenced in areas at canal expansion locations where retention ponds replace current driveable unimproved roads. Mr. Hampton stated the estimate for the revised project with the recommendations is $13,233,450. The modifications will bring an excessive $3.2 million reduction in contract costs. Mr. Hampton stated their validated contract was $16,494,280. Mayor HaYman asked Mr. Fernandez to break that cost down between roadway and drainage and a contingency Mr. Fernandez wants to establish which he did at this time. Mayor HaYman stated the total for roadway and drainage is $14,642,450 which does not include the bonding or administrative financing of this project. city Manager McMahon stated the Council can elect to say the maximum figure that we are going to spend is this alternative. He stated if a financial plan is going to be done, he would rather base it at this time on the figures arrived at tonight. Councilwoman Martin made a motion to accept the design proposal as submitted with the amount not to exceed $14,642,450 and then proceed to the next phase which would be the funding or financing deliberation, second by Councilman Hays. Councilman Hays reiterated that a couple cost saving items were mentioned to look at in regard to retention areas and the use of 26th street being placed in the construction agreement as the truck route. He complimented Quentin Hampton Associates for a job well done. Mayor HaYman informed the public if this motion is successful, we are not locked in to funding and financing the total of this cost. Councilman Hatfield clarified that the City is reserving the right to because he is still not 100% sure. that was correct. during the financing process revisit the east-west streets Mayor HaYman informed him Page -8- Council Regular Meeting January 9, 1995 '-'" ....", Councilman Hatfield stated if they can get this project in at a reasonable figure, he would opt to pave it. The motion CARRIED 5-0. Mayor HaYman thanked Mr. Fernandez and Mr. Hampton for their presentation. Mayor HaYman commented on a chart that depicts the elevations of the cut on the road. He stated Ms. Wells asked him for an explanation where they show the homes and the right-of-way and the swales going to the property line right-of-way interface. He stated Ms. Wells asked if that means every swale is going to start at the property line and go fifty feet to the other property line on those east-west roads. Mr. Fernandez informed him no. Mr. Fernandez stated of all of the elements of the project, the permit is probably the most valuable and would be the most difficult to renew or replace. There was a five-minute recess at this time. lOA. "Tour of Homes" fund raising proiect for 26 acres Parks and Recreation Director Jack Corder made a presentation regarding the Tour of Homes fund raising project. He informed Council he is tied up with the project until some decisions are made. Mr. Corder commented on the location. He feels a highly visible area for the first tour of homes house would be very beneficial for the fund raiser. Mr. Corder commented on the design. He asked if we should hire an architect for one major house or take the plans off the bid from the contractor. Mr. Corder commented on the swimming pool. He asked if a swimming pool should be included. Mr. Corder commented on the eligibility. He asked who should be eligible to win the home. Mr. Corder commented on the extras that could be included in the home. Mr. Corder commented on the funding. Mr. Corder commented on the interior. He asked if the City wanted to furnish the home or bring in an outside consultant. Mr. Corder spoke about marketing, the ticket price and the security on the tickets sold and where the tickets would be located. Mr. Corder explained if he is given direction, he would plan on going out for bids. Mr. Corder spoke about what is included in the bid package. Councilwoman Martin asked Mr. Corder if it would be a good idea if he gets partial donations of services to have a billboard outside as to who donated their services. She asked about the $70,000 to $100,000 price including the price of the land. Mr. Corder stated that probably would include the price of the land at the $100,000 mark. He stated he contacted a realtor regarding highly visible lots and there are several on Indian River Blvd. He stated the approximate cost of these lots is $10,000. Page -9- Council Regular Meeting January 9, 1995 ~ "'w1fI Councilman Hays stated he believes the location is going to tell us whether or not this is going to work. He feels Indian River Blvd. is a good site. Mr. Corder asked Councilman Hays to give staff the go ahead to negotiate to purchase a lot on Indian River Blvd. Councilman Mitchum asked that it be as far to the west as possible. It was the consensus of the Council to purchase a lot on Indian River Blvd. preferably in the western sector. Councilman Hays stated right now the going rate is about $40 a foot for block stucco houses split plan. He feels they should decide amongst themselves a spec sheet. Councilman Hatfield asked if they could get some builders to submit designs and they could pick the best of that bunch. Mr. Corder stated one aspect of this is do we want a specifically designed home by an architect or do we want to go out for bids and have the contractor/builder submit their plans which could possibly be a better set of plans than what we design. Councilman Hatfield feels they should get builders to submit their own plans or new plans they want to tryout to be creative and then Council choose from those and if they can't find anything they like, then consider an architect. There was a discussion as to builders submitting plans with prices and if Council is going to have to take the lowest price. city Attorney storey stated they will be able to pick the best. She stated Mr. Corder's preliminary bid package indicates that. Councilman Hatfield stated he would like to give the builders a range of 1600 to 2000 square feet. Councilman Hays suggested stating approximately 1600 square feet. It was the consensus of the Council to have builders submit plans for a block stucco home, three bedroom, two bath, fire place, plus a two car garage with a hip roof. Councilwoman Martin stated she would like to see an outstanding type house, not like the houses in the City. There was a discussion regarding whether or not they want a swimming pool with a screen enclosure. Councilman Mitchum suggested making it an option to include or not include a pool. There was a discussion regarding eligibility. Councilman Hays explained why he feels everyone should be eligible. Mr. Corder stated we could designate the drawing the night of the Council meeting and have someone come in and do the drawing in front of everyone. Mayor HaYman suggested aSking Brinks or one of the local security companies to handle the ticket stubs and the drawing. Mr. Corder stated he found out last week through the IRS, people can donate to a municipality and it will be tax deductible but they wanted to check with their accountants for sure. If someone purchases a ticket it may not be, but if someone makes a donation it could be. It was the consensus of the Council that everyone will be eligible. Page -10- Council Regular Meeting January 9, 1995 ~ ...., There was a discussion regarding the extras to be included with this house. Councilman Hays asked about reuse hookup. Mr. Corder stated on the actual bid package, he included the sprinkler system and reuse hookup automatically as well as major appliances to be included. Councilman Hatfield spoke about local businesses donating some of these extras. Mr. Corder stated he spoke to DBCC in the past, and they have a class that would be interested in doing the interior design if the city so desired. He feels that would be a good idea. Councilman Hatfield commented on interior design and bringing people in to work with the Parks and Recreation Board. It was the consensus of the Council to let DBCC do the interior design. There was a discussion regarding marketing. Mr. Corder stated he had permission to go out for bid on a marketing consultant. He stated he sent out over 80 and didn't get any back so we are looking at marketing in-house. It was the consensus of the Council to charge $20 per ticket. It was the consensus of the Council to look into a lock box at the local bank. Mr. Corder spoke about funding for this project. Councilman Hays feels .5% over the prime at that time is fair for both sides. It was the consensus of the Council to borrow money from the Insurance Fund at .5% over the prime interest rate at that time. Mr. Corder stated the overall value of borrowing is approximately between $10,000 and $15,000 for marketing on this project. He stated the maximum cost will be $115,000. city Manager McMahon commented on the value of the project. There was a discussion regarding the ticket volumes sold by the people who did this in South Florida. 8B. Angie Brewer & Associates Contract Amendment Mayor HaYman presented the background and need for this request. He stated they were asked to address the request of concurrent with this contract amendment, a liquidated damages account be established to set aside money for reimbursement. Mayor HaYman stated the amendment request is in the amount of $10,234.93. City Manager McMahon stated S & E is primarily driving that cost. Councilman Mitchum stated his only hope is that with all of the problems that we are having with S & E that there is enough money left. City Manager McMahon informed him they would be receiving a pay request to go to the state that says final completion. He stated in order to get the state money which we are entitled to, which has to be approved by the end of the month, will have to be conditioned and explained to the state that we are not satisfied necessarily with the quality of workmanship and other things. He stated you are not, with that, releasing retainage. Page -11- Council Regular Meeting January 9, 1995 ~ , '-' ""'" councilman Hatfield asked where the money is coming from. City Manager McMahon stated it will come from the project. Councilman Mitchum made a motion to approve the amendment to the contract in the amount of $10,234.93 for closure of CIP contract documentation, second by Councilwoman Martin. The motion CARRIED 5-0. Mayor Hayman spoke about the request from City Manager McMahon regarding this issue to establish a liquidated damages account. City Manager McMahon asked them to hold off on that until we get a better reading legally. C. Police Chief's reauest to have department's policy and procedures manual updated and printed at approximate cost of $5.000 Mayor Hayman presented the background of this request. Chief Schumaker made a presentation regarding the need for an update of the policy and procedures manual. Councilman Mitchum made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. D. Appointina two members to Library Board due to expiration of terms of Jean Haughwout and Lilian Bond-Nelson. who reauest reappointment Mayor Hayman presented the background of this request. Councilwoman Martin made a motion to reappoint Jean Haughwout, second by Councilman Hatfield. The motion CARRIED 5-0. Councilman Hays made a motion to reappoint Lilian Bond-Nelson, second by Councilwoman Martin. The motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: A. Res. 95-R-01 Fla. Reauestina prohibition of vehicle parkina on both sides of U.S. 1 from Oranae Avenue North to city limits Mayor Hayman presented the background of Res. 95-R-01. It is staff's recommendation to approve Res. 95-R-01. City Manager McMahon strongly recommended this be approved. Mayor Hayman referred to the letter from Mr. Hagen from DOT. He spoke about the need for a light at Ocean Avenue and U.S. #1. Mayor Hayman read Res. 95-R-01. Councilman Hays made a motion to approve Res. 95-R-01, second by Councilman Mitchum. The motion CARRIED 5-0. B. Res. 95-R-02 Revisina the order of Council business Mayor Hayman presented the background of Res. 95-R-02 and the reason for this request. There was a discussion regarding changing the order of business. Mayor Hayman read Res. 95-R-02. Mayor Hayman read the order of business depicted in section 1. Page -12- Council Regular Meeting January 9, 1995 - I ....... """" The following is the order of business: Call to Order, Roll Call, Invocation, Pledge of Allegiance, Approval of Minutes, citizen Comments regarding agenda items only, City Council Reports, Public Hearings - Ordinances and Resolutions, Consent Agenda, Other Business - Unfinished or New Business, Officers Reports, General citizen Comments and Adjournment. Councilman Hays spoke about #8 Officers Reports. It was explained to him that would include City Manager, City Attorney, and Council. Councilman Hatfield made a motion to approve Res. 95-R-02, second by Councilman Hays recommending a change in order. He asked to reverse the Officers Reports and General citizen Comments. That was o.k. with Councilman Hatfield. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) There were no items to be discussed for second reading. UNFINISHED BUSINESS A. "Tour of Homes" fund raisinq proiect for 26 acres This item was moved up on the agenda. B. Volusia County Beach re~ort - City'S representative Jeff Lanqe Jeff Lange, Beach Trust Representative, asked Council if they had any questions. Mayor Hayman explained why there seems to be a great deal of misunderstanding about what the County wants to do with our beaches. He spoke about south beaches, our beach, not being addressed in the Beach report. Mr. Lange explained the emphasis and priority lies within the Halifax Region. Councilman Hays feels anything they do will be premature at this time because of the new County Council. He feels they need to wait and see what direction they are going to lean. Mayor Hayman stated one of the things that stood out when he examined this report was that the report underlines and underscores the importance and the need for additional facilities and capital projects on New Smyrna's beach. He expressed concern about New Smyrna not receiving their fair share of the beach tolls. He expressed concern about taking cars off the beach and there not being sufficient parking. Mayor Hayman stated in his view, irrespective of what the new County Council does, they are going to have to face up with where is the fair share. Councilman Hatfield needs to wait and see what County Council is doing. He feels we need to support New Smyrna Beach. It was the consensus of Council to wait and see what the new County Council does but elect to support the position our colleagues take in New Smyrna Beach regarding this issue. Mr. Lange asked Council if they were for the Beach Rangers or for letting some entity come on the beach. Councilman Mitchum feels another bureaucracy was created. He doesn't feel we need the beach rangers as they exist. He stated New Smyrna Beach should be given back to New Smyrna Beach. He supports them in wanting this. He feels New Smyrna can project their own identity. Page -13- Council Regular Meeting January 9, 1995 'w' .."t Mayor Hayman explained why he has a problem with the dual role of a lifeguard/police officer. He stated he wouldn't want to see a lifeguard acting as anything other than a lifeguard. Mr. Lange stated they will never be doing both jobs at the same time, so he is told. There was further discussion regarding the lifeguard/police officer. It was the consensus of the Council to not support the Volusia County Beach Report. COUNCIL/OFFICERS REPORTS citv Attorney City Attorney storey had nothing at this time. citv Manaqer City Manager McMahon had nothing at this time. CITY COUNCIL Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays asked for a follow up some time soon regarding the well permit status and the shell pit off Mango. City Manager McMahon stated he has to find out what is going on regarding the well permit and whether the County can do it. He stated there are conflicts because the County is empowered under state law. City Manager McMahon stated Mango Tree Lake was turned over to the Acting County Manager and staff. He stated a value of $224,000 was put on that piece of property. He stated if it is anything other than the $2,000 we originally discussed, he recommended not pursuing this. There was a discussion regarding that piece of property having no development qualities. Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Havman Mayor Hayman had nothing at this time. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Paul Jenkins, willow Oak Drive, stated he noticed on the map there is no proposal to pave 22nd street. He asked this be left open as a contingency if there is more savings. He commented on the paving of 22nd street helping with the traffic on willow Oak. Page -14- Council Regular Meeting January 9, 1995 ......... "",., Mr. Jenkins commented on the fences around the canals. He spoke about some of the canals being very deep the straight down. He asked to have something done with the canals that are real deep in case a small child falls into the canal. Mr. Jenkins commented on the tickets for the house. He feels the Council would sell more total dollars if the cost was lowered to $10 instead of $20. Mr. Jenkins commented on the ClP program. He asked if there is going to be any contingency for any of the roads that fail in three or four years. City Manager McMahon explained there is a bond. Mr. Jenkins asked if there was any plan to reopen Menard Park for swimming after there is no more effluent going into the river. City Manager McMahon stated not in his life time because we don't control that. He explained permission would need to be obtained from the state. There was a discussion regarding creating a public beach for Edgewater. Mayor Hayman spoke about an indoor-outdoor swimming complex which will encompass an olympic size swimming pool that is proposed for the 26-acre park. Mr. Jenkins was looking for some natural setting for the children to go to. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilman Mitchum. The meeting adjourned at 11:22 p.m. Minutes submitted by: Lisa Kruckmeyer Page -15- Council Regular Meeting January 9, 1995