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02-02-1998 - Regular ~ --- .."" CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 2, 1998 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 Myrond Hammond Councilman Gary Roberts Councilwoman Judith Lichter Interim City Attorney Nikki Clayton City Manager Kevin Grace 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 Deacon William J. smith, Bella vista Baptist Church. There was a pledge of allegiance to the Flag. Mayor Allman introduced city Manager Kevin Grace and went over the meeting procedure. PRESENTATIONS A. Review of proposed 1-cent sales tax by County Councilman Jim Ward County Councilman Jim Ward, District 2, made a presentation regarding the 1-cent local option sales tax being on the ballot and explained what the County is doing. His job is to bring the information and it is up to the citizens to decide whether or not the sales tax goes through. Between $34 and $40 million would be collected if this is passed. The City of Edgewater would collect around $1,125,000 per year during the duration of this over a three, five or seven year time span. County Councilman Ward stated the County Council is asking the cities to get several projects that are important to the citizens that they think they might be interested in voting on. If Council is interested, he would like them to compile a list of capital projects which may eventually keep something off of an ad valorem tax increase that never goes away and present them to the citizens. Mayor Allman asked if there will be a $50 cap on this like the tax in Flagler. County Councilman Ward stated he believes it is $500 but he feels this would be open if that is a concern to anybody. Councilwoman Lichter asked if this will be on the regular election's or perhaps an earlier date. County Councilman Ward stated that is a topic that will come up on the next County Council meeting. He has heard June or July may not be the time to do it. He has heard from some of the cities and citizens that it may/should be on the November ballot. ~ ~ Councilwoman Lichter stated she is mentioning it in terms of timing of when they might consider accepting projects from the City. County Councilman Ward stated the citizens would need to know what they are and what they will be paying for before this goes to the ballot. Councilwoman Lichter spoke about New Smyrna and Oak Hill being against any increase. She feels one of the reasons for that is that some times the promises don't materialize. She expressed concern regarding not getting the money back and there not being any end in sight. County Councilman Ward explained in 1992 the projects were not identified and it was for 15 years. He feels 15 years is a long time not to tell people what you are going to do with their money. Mayor Allman stated the way he understands it the County will get half of the revenue. County Councilman Ward stated the County will get half and the rest of it is divided among the cities by population. Councilman Hammond asked when the County is going to make a decision to go forward with that. County Councilman Ward stated the meeting will be the third Thursday of the month where they will be discussing whether to put it on the ballot. Councilman Roberts asked when this was proposed before was the breakdown of the payout the same. County Councilman Ward stated he wasn't sure but he would think so. This is usually a State form and is derived off of that. Councilman Roberts asked if the 50% to the County is carved in stone. County Councilman Ward stated he didn't know. Councilman Roberts feels the life span of the tax is a critical issue. He feels if the County is willing to give a little more back to the cities they might find it a little more popular. Councilman Hammond asked County Councilman Ward about a memo he received from the County asking the city Council to appoint someone to a local government study commission. County Councilman Ward explained when this was brought before the Managers, they started talking about it. It was the original discussion about who would be on it, elected officials or citizens or whoever. There was a meeting he did not attend that was just for the Mayors and City Managers, it came out of there that the Mayors would be the representatives for the cities. Those cities are now in the process of getting a resolution to that affect. When it got to the County, there were some County Councilpeople that thought it should be totally citizen based without elected officials being on it. When it was voted on, it failed four to three. He has confidence that the elected officials can do it and the Mayors can do it and that a lot of good decisions can be made. It came back to County Council last week, and another motion was made that it be the city Councils appoint a City Councilmember, the Mayor or a citizen. That motion satisfied the dissenting councilpeople. County Councilman Ward informed the City Council they could appoint one of themselves, Mayor Allman or a citizen. B. Plaque/Certificate from Government Finance Officers Association for excellence in financial reporting (Postponed January 5. 1998) Mayor Allman read and presented Karen A. Rickelman with a plaque from the Government Finance Officers Association. Page -2- Council Regular Meeting February 2, 1998 ..... .""" Finance Director Fred Munoz stated certainly the adherings of all the departments of the good internal controls that the City has in place contribute to the success to the City winning this award. His seven member staff is also instrumental in this. When everything is said and done the bottom line is that someone is ultimately responsible for the detailed records of this city and that person is Karen Rickelman and she has been recognized as such. This is the fourteenth year the City has won this award and the most recent year that was just completed, we only had two adjusting entries made by the auditing firm, Ernst and Young. Prior to this we have gone from zero adjusting entries to less than five. Mr. Munoz gave City Clerk Wadsworth the plaque to hang with the other thirteen. C. Plaque to Lilian Bond-Nelson for 18 years service on the Library Board and whose term has expired (she is requesting she not be reappointed) Mayor Allman read and presented Lilian Bond-Nelson with a plaque. Mrs. Bond-Nelson is 91 years old and that is the only reason she is stepping down. Jean Haughwout presented a book that is going to be in the Library in honor of Lilian Bond-Nelson for her service to the Library. APPROVAL OF MINUTES A. Regular meeting of January 5. 1998 B. Special meeting of January 8. 1998 Councilman Hammond made a motion to approve both sets of minutes, second by Councilman Gornto. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments that 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.) Dominic Capria, 606 Topside Circle, asked County Councilman Ward if he knows what amount of dollars in a year would the City of Edgewater be paying if they approve this 1-cent tax increase. County Councilman Ward agreed to get some baseline figures. Based on population Edgewater would receive $1,150,000. CITY COUNCIL REPORTS Councilman Roberts asked for a staff update for what is going on regarding the rezoning of the commercial district on Guava and Hibiscus Drives. Acting Director of Community Development Lynne Plaskett explained at this time they are trying to find the latest file. Apparently there was some correspondence between Mr. Karet and DCA and they do not have a copy of the letter so it has been requested from DCA. We had submitted an application to DCA for a Comp Plan amendment and the comments were received back and addressed. Her understanding is DCA sent a letter back to Mr. Karet but they can not find it in the file. She will be happy to let Council know where we stand when she receives that. Councilman Roberts feels they should move along with this so they can tell the property owners what they can anticipate doing with their commercial land in that district. Page -3- Council Regular Meeting February 2, 1998 ~ ~ councilman Roberts hopes they are pursuing the FIND project as quickly as they can. City Manager Grace stated there would be an update on that later on the agenda. Councilman Roberts spoke about the appointments to the advisory boards on the agenda. He thinks they should consider other ways of appointing and maybe the way the terms are set up. He feels they should consider having the terms of advisory boards run the same time as Council terms. He would like to see a compromise between what was done in the past and what they are proposing with the random appointments. Councilman Roberts stated there are approximately 50 or so people on advisory boards and all of their renewal dates are at different times. He feels this might make it easier to keep track of everything. Mayor Allman feels if you have the Council appointing all new advisory members, that could get kind of messy. He feels the way it is working now has worked for quite some time. Councilman Gornto stated Charter Review may stagger their terms and that might complicate a new formula. Councilwoman Lichter stated it would be clean and neat but not necessarily most productive. with continuity of boards and commissions you have continuity of ideas. Councilman Roberts feels two years considered for the next election. little awkward with two year terms Committee recommends that. down the road it could be staggered terms might be a if the Charter Review Councilwoman Lichter spoke about when she served on the LDRA, the very subject at her first meeting was Guava and Hibiscus. Five years later the problem has not been solved. She feels it is not fair that these people have to wait five years from the conception of an idea to its birth. Councilwoman Lichter spoke about the Water Alliance meeting she attended on January 20th. There is now a third group besides st. Johns and the Water Alliance members, there is an advisory commission the County Council has appointed. Councilwoman Lichter referred to an article she has from April 21, 1994 regarding the speed on u.s. #1 being too fast from Winn Dixie south. She feels it makes it difficult for the people that live in that stretch to safely come on to the road. Councilwoman Lichter stated the City Manager back then sent a letter to the state and the state replied back that it wasn't time and didn't warrant it. She went to a meeting in West Palm Beach and took u.s. #1 and there are very few places that are 55 miles per hour. She hopes her councilpersons back her. Councilwoman Lichter feels they should rewrite DOT and let them know that stretch should at least be 45 miles per hour. Councilman Roberts asked if any of this was addressed when they did the parking changes on u.s. #1. Mayor Allman feels 55 miles per hour is too fast through the city. Councilwoman Lichter made a motion to get a consensus of Council that 55 miles per hour should be lowered to 45 miles per hour and to write DOT for the purpose of doing it, second by Councilman Gornto. The motion CARRIED 5-0. Page -4- Council Regular Meeting February 2, 1998 ~ ..." Mayor Allman spoke about the Mayors Award of Excellence where a citizen will be honored by him with a plaque and proclamation for exceeding community standards. This will begin in March. Councilman Gornto asked about an update on the saga of the boat removal. Interim City Manager Kenneth Hooper explained the marine patrol had notified the owners. It turns out the owners about 22 or 23 days into the 30 day cycle have sold the boat. There has been a new issue written to the new boat owner. The thirty day clock has restarted and he thinks they are about half way into that. Councilman Gornto spoke about the only palm tree on u.s. #1 being trimmed. He appreciates this. Councilman Hammond had nothing at this time. PUBLIC HEARINGS. ORDINANCE AND RESOLUTIONS A. Appeal of Ron Carwile to reverse staff and Land Development and Regulatory Agency requirement to pave driveway and parking area for new business Assistant Director of Community Development Plaskett presented the background information and her recommendation. Councilwoman Lichter feels appearance has to factor in also. She spoke about the dirt on the side of the feed store and it looks like it gets a lot of usage. She feels if that part became the concrete and then over by the nursery there was a different type of surface, it would probably look nice and serve the purpose of the handicap and also for bringing things into the feed store. Ms. Plaskett elaborated on the handicap accessibility code requirement. Ms. Plaskett explained the appeal doesn't have anything to do with the landscaping requirements or fencing. We have already issued a fence permit to Mr. Carwile. Councilman Roberts stated he was under the impression a couple of the bays were going to be closed to store some plant material inside. If that is the case, then he would have plenty of parking because if he has parking for those bays now and he eliminates the bays, that would alleviate up to six parking spots which would be more than sufficient to handle a nursery. Councilman Roberts thought when paved parking was required it was required because of the construction of building space. He isn't adding to the foot print of the structure. Ms. Plaskett stated right now if he did not close those bays, he would have just enough parking spaces. Her only concern is that there is no designated handicap parking space on site that could meet the requirements and every business by law with up to 25 parking spaces is required to have one handicap parking space. Councilman Roberts asked if he was to close off a bay that would ease up three parking spots. Ms. Plaskett went on to explain it depends on what it is used for based on retail or storage. Councilman Roberts asked if he closed down one or two of the bays, it would give him additional parking. He could possibly modify the striping on the existing pavement to accommodate a handicap spot. Page -5- Council Regular Meeting February 2, 1998 'W' ...." Ms. Plaskett explained it is a possibility however, considering the layout of the property and the location of the bays, and he has to have a certain width of driveway. She spoke about the code requiring the handicap parking space be as close to the business itself which is not the bay, it would be where the people go the office. Councilman Gornto asked about there being something in a new code that had to do with the substance on the surface. How can you agree that you can put shell there if shell is not acceptable under the handicap rule. Ms. Plaskett explained that is why she is saying that one space needs to be paved. Councilman Gornto stated a handicap person doesn't stay on that space. He then goes to the nursery or somewhere. Ms. Plaskett explained there is an access aisle that is required by the code. Councilman Gornto asked if someone that parks in the handicap parking must have access to the nursery not on shell. Ms. Plaskett explained that is correct but he could do that with a sidewalk. Councilman Roberts spoke about the location of a handicap spot. He questioned why it has to be down by the nursery. If this handicap spot is far from the whole parcel, someone could be going to the feed store or the tire store. He feels the handicap spot could be anywhere on the parcel as long as it is properly laid out as far as accessibility into the building. Ms. Plaskett explained the area that is existing that has parking right now, she really can't find a place that would meet the intent of the handicap parking requirements. Mayor Allman asked Ms. Plaskett if she recommends it's a go with the handicap parking space. Joe Martin, representative for Ron Carwile, stated Mr. Carwile owns the land under the paved road coming from the Mobile Home Park on the south. Mr. Martin feels handicap parking isn't really the issue. He referred to the second page, first paragraph, the last two sentences. Mr. Martin stated the requirement to have paved handicap parking was raised during a TRC meeting by Bob Dunn. He challenged that. He said wheelchairs are not allowed to cross shell. Mr. Dunn was directed by Mr. Karet to check with DCA. He was subsequently informed that he was wrong, that DCA does not require on the handicap code that the parking space be hard surface. That was feedback he got back from staff. Mr. Martin referred to Item #3 on the first page of the packet and Exhibits B, C, E, M, and N. He feels there are inconsistencies. Mr. Martin then referred to Page 3, the first paragraph. Mr. Martin went on to speak about Growing Up Nursery. Mr. Martin stated he did prepare a site plan that showed paving per the regulations but when Mr. Carwile found out other businesses didn't have to pave he wanted to be shown why he had to pave his. Mr. Martin feels the bottom line is that the Land Development Regulations with respect to paving have not been consistently enforced. He believes in flexibility of the staff. That flexibility should be administered to the benefit of the property owner. Page -6- Council Regular Meeting February 2, 1998 ~ ....., Mr. Martin suggested giving Mr. Carwile his occupational license for Rainbow Nursery at 1701 S. Ridgewood Ave, that he applied for January 28, 1997. Interim City Attorney Clayton stated there has been some more flexibility built in to our review of projects in recent months. She asked Mr. Martin if he heard that the interpretation is that there is no floor area being created by the construction of the nursery. We really have no mechanism by which to allocate any paved parking requirement. She spoke about the access drive by the Mobile Home Park and if Mr. Carwile owns that property and has a right to exit there and that would not be a problem in terms of staff recommendation saying it should be closed. Interim City Attorney Clayton asked Mr. Martin if he has a problem with the recommendation of a paved handicap space in a location roughly to the south adjacent to the southern building corner as a method by which to satisfy the appeal. In other words, you aren't being asked as a part of the appeal but just as a part of compliance with a code that would apply whether you had the appeal or not. And no pavement on your parking or your access being required, is that what he understood of the presentation by Ms. Plaskett. Mr. Martin stated Ms. Plaskett contacted him last Friday with that suggestion. He passed that on to Mr. Carwile and he indicated to Mr. Martin that he didn't think he would have to provide anymore paving whether it was handicap or not. On the question of whether you can restripe or mark out the 20 X 17 space that is required for a handicap there now, he thinks that can be done. Unless Mr. Carwile tells him otherwise, he doesn't think he is acceptable to that proposal of providing an additional paved parking space at the south end. Interim City Attorney Clayton stated perhaps not necessarily a provision of an additional paved parking space if you can allocate and still meet the parking requirements. They are not creating any floor area in the nursery. You are not required then to have any paved parking to correspond with no floor area being created. You are going to need to have a certain amount of circulation capability and she assumes that is going to be shell and it will be maintained so the customers will be happy with what it looks like. Interim City Attorney Clayton asked if there is a handicap space that can be allocated on the property and still meet the requirements of parking for the bays and the feed store. Mr. Martin stated he believes they can put a handicap parking space on the pavement that is there. In terms of the people using that space having to go across a driveway, he doesn't think they can eliminate that. Interim City Attorney Clayton stated the understanding she believes the Council has gained from the discussion back and forth is that the staff interpretation with respect to the paved parking requirement has changed based on the review that no floor area is being built on the nursery, therefore you don't have any way of allocating a pavement requirement. So long as it is being used as a nursery with no pavement as a building pad or any type of a stand where people would come and gather as a patio and so long as the retail sales are being handled out of the area that is in compliance at the moment, she thinks the Council is in a position to look at the appeal and agree with the applicant that perhaps the LDRA was in a position where they thought the pavement was required because of floor area when in fact there is no floor area being required. Page -7- Council Regular Meeting February 2, 1998 ."w' ....., Mayor Allman asked if that is city code or state code. Interim City Attorney Clayton stated it is City code. In terms of the inconsistent application, this is an issue that people have raised in the past. She has no opinion about it one way or the other. She believes City Manager Grace is looking at trying to help insure consistency in the application of the regulations to all citizens across the board. Interim City Attorney Clayton stated perhaps Mr. Martin has been helpful in bringing this to a highlight however, that is really not an argument based on which you can overturn an appeal. You may have an equal protection argument in front of a judge, but here we have to apply them only to the applicant without regard to where it has been applied elsewhere. City Manager Grace stated they can only be consistent from this day forward. They can't go back and address what someone may have done over the last several years. Mayor Allman feels the code is written to detract business instead of welcome business. There is a lot of red tape that needs to be cut and done away with. City Manager Grace stated it is unfortunate that this item has taken a year. If this came in today it would be resolved at staff level relatively quickly. It is unfortunate for them that it has taken a year to get this accomplished. Councilman Roberts stated parking requirements have been an argument for many years around here. These examples show the problem from one end of the spectrum to the other. At this point, Mr. Carwile is stuck in the middle. You can't enforce it on one business and let it slide on another. Jack Hayman, 3003 Travelers Palm Drive, stated it sounds like they have solved the problem but they really haven't. There is no question in his mind that in 1997 as an elected official he was one of five members who unanimously told the City Manager, City Attorney and staff to come up with alternatives regarding paving and stormwater management. We asked them to look at pervious and impervious surfaces that they could fold into the ordinance so they could give more flexibility to the community. Not just for the new structures but also these older buildings and dwellings we had to cope with because it was abundantly clear and it was an extreme burden to everybody to make the transformation into what is to what they really want in the future. Mr. Hayman stated whatever Council does it has to be fair. Whatever you do, you have to take instruct the people on the LDRA interpretive part of all this. One of the things he found most frustrating was the way the standards of the criteria had been written in the past. The standards and criteria that are used are nebulous, non-specific and they are very subjective. It is very difficult for people who serve on the boards and committees to make the proper judgment. They are dependent upon Council and professional administrators. Mr. Hayman stated we in Edgewater have a backlog of projects to correct. If you walk out that door and go 75 meters you will be standing in a parking lot that is shell. If you go to any recreation facility in the City, the parking lots are shell. Mr. Hayman encouraged Council to support Mr. Carwile's request. He is one of the rare citizens this community has had that has stuck with it and fortunately has had sufficient funds to hang in there because he thinks he is right and he is. Page -8- Council Regular Meeting February 2, 1998 .... ...", Councilwoman Lichter spoke about decisions by the LDRA being overturned by the Council. Upon just reading this document, she came to the conclusion that it was not relevant what happened if other situations were wrong. There are definitely inconsistencies. She was going to take the position that this was needed. After hearing the recommendation of the one handicap parking lot, she thought that was a nice compromise. She feels compromise is important. Aesthetically, she still feels that after the decision tonight, that some thought will be given to squaring off that area and making it look better. After Interim City Attorney Clayton's explanation, there is no question Council has to do what is right. She would have to vote against a board that she served on with reasoning and trying to put this together and vote in favor of the applicant. Councilman Gornto referred to the sand parking lots at the parks. He believes there are some double standards where we will take a citizen that is trying to make a living and take him to the wall with the letter of the law and then the City doesn't really set that good of an example. He is glad that Mr. Hayman had those comments and he agrees with those comments. Councilman Roberts stated the comment about the City not practicing what it preaches has been brought up many years ago by business people in the community. Councilman Hammond sees Mr. Carwile has parking places there already existing and its a small nursery and the business is going to be operated out of the feed store. He sees no problem at this point. If something is added on, then the story changes. Bob Garthwaite, 10 Lee Drive, stated the problem here is we have an ordinance that says you have to pave. Mr. Carwile is still opening up a new business. He is going to have some parking spaces there. Maybe instead of giving out changes to everyone who would come before Council and request an appeal to a decision by the staff or by the LDRA, maybe we want to change the ordinance and give a choice of paving or putting in shell, making sure the shell does not flow out into the roads. Possibly adding a little more landscaping. Maybe they could come up with an ordinance that says they could pave it or additional landscaping with shell. Mayor Allman asked who would be the judge to say how much landscaping would be required. He feels they could run into problems there. Mr. Garthwaite feels they would need to give decent consideration to what would be proper. We have a landscaping ordinance now that requires a certain amount. If you don't have to put in paving, french drains or anything else, maybe more landscaping would be needed. Interim City Attorney Clayton explained that would be something for future consideration. Mayor Allman feels a lot of the codes are set up for selective code enforcement. He is for having a committee review the code book at a later date. He feels some of the codes are outdated. Councilman Gornto moved to overturn the LDRA's ruling, second by Councilwoman Lichter. The motion CARRIED 5-0. There was a ten minute recess at this time. B. Ord. 98-0-01 Annexation of 90+ acres North side of SR 442 and approval of Annexation Agreement Acting Community Development Director Lynne Plaskett made a staff presentation on this annexation. Staff recommends approval of this annexation. Page -9- Council Regular Meeting February 2, 1998 ~ ~ Councilwoman Lichter asked what this does to tax set up. It is now agricultural and in the County so does it mean taxes for Edgewater. Ms. Plaskett explained once you annex property into the City of course that becomes our tax base. However, the agricultural zoning on the property would not warrant much of an increase on a tax base as opposed to a residential land use classification. city Manager Grace explained it has active agricultural uses on it so it probably has a lot of agricultural exemptions so there probably won't be much tax generated from it. Mary Hansen, Representative for Edentown Company N.V., made a presentation on behalf of the applicant. Councilman Roberts feels they should encourage annexations close to 1-95. He feels in the future it will be a key area for the City. He feels they should take advantage of the fact that these people want to come into the City. Mayor Allman read Ord. 98-0-01. Councilman Gornto made a motion to approve Ord. 98-0-01, second by Councilman Hammond. The motion CARRIED 5-0. CONSENT AGENDA A. satisfaction of lot clearing lien B. Building Inspector Professional Services agreement with Glenn Milburn Pryor C. Economic Development Board's request to attach Addendum to Application for APpointment to City Boards, Agencies or Committees when applicants are interested in serving on EDB Councilwoman Lichter made a motion to approve the Consent Agenda, second by Councilman Hammond. The motion CARRIED 5-0. OTHER BUSINESS A. Councilman Roberts and Councilman Lichter appointments to Library Board due to expiration of terms of Jean Haughwout and Lilian Bond-Nelson (Postponed January 5. 1998) Councilman Roberts appointed Linda Ladd to the Library Board. Councilwoman Lichter appointed Jean Haughwout to the Library Board. B. Mayor Allman appointment to Beautification and Tree Advisory Committee due to resignation of Felicia Ver Way Mayor Allman appointed Rose Hoffman to the Beautification & Tree Committee. C. Councilwoman Lichter, Mayor Allman. Councilman Gornto. and Councilman Hammond appointments to Economic Development Board to replace four members who have resigned Councilwoman Lichter appointed Lawrence Holler to the Economic Development Board. Mayor Allman appointed Nancy Ridner to the Economic Development Board. Councilman Gornto appointed Theresa David to the Economic Development Board. Page -10- Council Regular Meeting February 2, 1998 ...... ......, Councilman Hammond appointed Gigi Bennington to the Economic Development Board. D. Contract for Water Treatment Plant Supervisory Control and Data Acquisition System modifications with precision Controls Instrumentation at cost of $54.000. declaring materials and technical support services to be sole source and waiving the bid requirements, and declaring the project Renewal and Replacement Fund eligible City Manager Grace recommended approving the contract, declare it to be sole source, and that you declare the project eligible for R & R funds. Mayor Allman asked if this is a budgeted item. City Manager Grace informed him yes. Councilman Hammond asked about the $100,000 computer system that was put in at the Water Treatment Plant and before the plant was half finished the company had backed out. This was $100,000 in 1992. He asked what they are going to do to protect themselves from this happening again. Rob DeLoach, Water Plant Superintendent, explained it was $170,000 for the entire system. A large part of that was the Allen Bradley system which remains intact. That is why they are proposing to go with the Allen Bradley revised software. We have a Healey Ruff system out there now. The Healey Ruff people have pulled out of the state and have gone defunct as far as their software. They are proposing to have the Allen Bradley software and replace the radio units that are at the remote sites with Allen Bradley type radios and protocol. We don't think we will have a problem with Allen Bradley going anywhere anytime soon. There are thousands of these type of systems worldwide. Councilman Gornto moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. E. Purchase of two budgeted replacement vehicles for utilities Department using State bid at cost of $29.847 City Manager Grace explained the cars definitely need to be replaced and he recommended approval. Mayor Allman asked what was being replaced. City Manager Grace informed him one vehicle was a 1989 Crown victoria with 111,000 miles on it. Mayor Allman asked the normal procedure for getting rid of the vehicles that are being replaced. He asked City Manager Grace if he received the letter from the Red Cross. City Manager Grace feels these would be the ones they would want to do that with. Councilman Hammond stated in the four months he has been here, six vehicles have been purchased. He feels 100,000 miles today if a vehicle is properly maintained, is not out of the ordinary. He asked why they are obtaining new vehicles and if the old ones are being properly maintained. He asked if there are qualified guys working on the vehicles that can repair them properly. city Manager Grace asked Council for more time as to what the City does organizationally. He agreed to get back to Council at a future meeting. These vehicles definitely need to be replaced. He will be looking at in the future the policies being used administratively to buy vehicles, to maintain vehicles, and to replace vehicles. Councilman Hammond moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. Page -11- Council Regular Meeting February 2, 1998 ,.... .... F. Request to piggyback City of Melbourne's bid for manhole relining by Infrastructure Impact, Inc. of New Smyrna Beach at cost not to exceed $25,000 Councilwoman Lichter asked what piggybacking is. City Manager Grace explained it means to take advantage of the bid that Melbourne got. State law allows you to do that. They went out to bid and we can piggyback on it without going out for bid ourselves. This is CDBG funding. He recommended approval. Councilman Roberts moved for approval, second by Councilman Gornto. The motion CARRIED 5-0. G. Request for donation for Project Graduation City Manager Grace explained the Council has provided funding for this for the past two years at a level of $500. Councilman Roberts made a motion to donate $500 for Project Graduation, second by Councilman Hammond. The motion CARRIED 5- O. H. Two-year premium guarantee plan agreement with Florida League of cities for workers compensation insurance coverage City Manager Grace explained this will keep our premium steady for the next two years without an increase. He recommended approval. Councilman Roberts asked how this worked out with the self- insured situation, the funds that we had. Finance Director Fred Munoz stated we are not self-insured on the workers compensation. City Manager Grace stated we have a premium of $170 some thousand dollars a year. Councilman Gornto moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Cheryl Flanagan, Beacon Street, New Smyrna Beach, thanked Council for their donation to project graduation. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Interim City Attorney Clayton had nothing at this time. City Manager 1) Update on Florida Inland Navigation District property city Engineer Kyle Fegley informed Councilwoman Lichter of an improvement on U.S. #1 as far as speeding. Three months from now DOT is going to bid a traffic signal at Falcon and Riverside Drive and that is proposed to be installed in June 1998. City Engineer Fegley presented an update of some of the events that have occurred in the FIND project. The top three most qualified firms according to the six member committee are Hartman & Associates, McKim & Creed and Quentin L. Hampton. City Engineer Fegley outlined three key items that have to be addressed and met and be assured that the City complies with the regulations in order to meet the next stage of the EDA grant. Page -12- Council Regular Meeting February 2, 1998 ..... ...., City Engineer Fegley spoke about FIND being very committed to Phase I improvements. Phase II improvements, the industrial complex and research complex hinge deeply on the decision of the EDA grant. City Engineer Fegley stated those involved with the EDA submittal are going to have to push some of the economic distress factors and whatever tactics are necessary so they can not only pursue Phase I but Phase II improvements. Mayor Allman stated they knew going into this that Phase II was going to depend on the grant. Councilwoman Lichter asked if the financial capacity of the citizens factors into that. City Engineer Fegley questioned if she was talking about the per capita income. That information was submitted and apparently there may be some difference in the documentation in which the administration referenced. He has to make sure there is clarity there and he thinks they may be referencing other documents that are not up to date and aren't as valid as the recent information. Councilwoman Lichter referred to a letter from Coble, Woods, Webster, Bush, Clayton & Teal. She referenced the last sentence in Paragraph 1 - General Scheme of Development asking if this is a question or a statement. City Engineer Fegley stated FIND will retain, they are not asking, they are indicating their position. Councilwoman Lichter asked if the road that is going in in Phase I will take care of the man with his boat factory. City Engineer Fegley explained that is included in Phase I. Councilwoman Lichter asked for clarification about changing zoning and having to change something to permit public uses in Paragraph 3 - Zoning Matters. Interim City Manager Hooper elaborated on her concern. City Manager Grace explained all the items in the letter are basically laying out the framework for an infrastructure agreement that we are negotiating with them and that will come back to Council in a formal agreement for approval. Councilwoman Lichter then referred to Paragraph 6 - Design Engineers. She questioned if this is more money. City Manager Grace explained they will be reimbursing the City for it. Councilwoman Lichter asked if it is customary to layout that tight a plan before you know what type of businesses would come in there. City Manager Grace explained you usually layout an industrial park based on anticipated types of businesses you are going to have. 2) DOT meeting February 4th, 5:00 p.m.. at Library re: widening of SR 442 (Indian River Boulevard) city Manager Grace reminded Council of the DOT meeting on Wednesday, February 4th, at 5:00 p.m. at the Library regarding the relaning of SR 442. The State is at the 60% design stage for a five-Ianing section that will essentially eliminate that median. The five-Ianing is a result of past Council direction. City Manager Grace expects there will be some public concern about losing the trees and the landscaping and losing the medians. He feels unless there is some outcry from the City, he thinks we will end up with a five-lane section. Mayor Allman stated they will not be closing cross streets. City Manager Grace stated they won't be closing the cross streets but the trade off is you will be losing the medians. Page -13- Council Regular Meeting February 2, 1998 '-" ""'" Councilman Hammond stated that won't be the final decision that night. City Manager Grace thinks they are going to be gauging the opposition. Unless there is a stampede, they are going to proceed to complete their design plans. Councilwoman Lichter thinks the Beautification Committee is upset by this decision but she thinks the room was overwhelmingly packed by citizens who wanted this decision. She is going to push for beautification on the side. She feels they could plant something between the poles or do something to help. Maybe an archway coming into the City. She feels they need to do something to help alleviate the appearance of this. City Manager Grace feels that is a good approach. The City will be losing the palm trees out there and if you can get DOT to replace some of that along the edges, that might mitigate some of that loss. Councilman Roberts stated if you want landscaped medians, you are going to lose side streets. He has met with DOT and Mr. Hooper and a lot of different ideas came up but they basically came down to two options. If you want beautification down the middle of the roadway, you are going to lose some of the side streets or you have to live with the fact that you have five-lanes of asphalt. It may not be pretty but we can keep all the roads open. Hopefully a lot of the citizens will show up and let the State know how they feel one way or the other. Councilman Roberts spoke about doing as much as they can on the perimeter of the roadway to at least make up for what is lost down the center. City Manager Grace stated it is a decision where somebody is going to be unhappy no matter which way you go. Councilman Gornto asked if their attendance at that meeting is inappropriate or is it not. City Manager Grace informed him they can attend. Councilman Gornto asked if he is there and some of the other Councilmembers are there and they are drawn into the conversation and it could come back to this meeting, is that a violation. Interim City Manager Hooper elaborated on what will be done at the DOT meeting on February 4th. He welcomed Council to go but they should go if they have a comment as an individual. He cautioned Council as a whole to stay out of it because DOT has clearly defined that if a conclusion can not be reached they are going to take their millions and go somewhere else. Councilman Roberts feels this workshop is the best way to get the information to the citizens. The idea is they have to understand it is not in our hands. We can give our input to the State but hopefully this workshop will let the people know. If they are unhappy, it is out of our control. DOT has jurisdiction over us. city Manager Grace stated just the fact that Council will be in the same room going to the same meeting is not a Sunshine violation. 3) DOT paving rehabilitation on SR 442 to begin in March City Manager Grace informed Council the DOT paving rehabilitation on SR 442 will begin in March. 4) Request that County Council consider more equitable membership on Southeast Volusia Advertising Authority City Manager Grace stated Councilman Hammond and Councilwoman Lichter have spoken to him about the fact that the membership on the Southeast Volusia Advertising Authority are all from New Smyrna Beach. Page -14- Council Regular Meeting February 2, 1998 .- . ~ ...., city Manager Grace stated he has drafted a letter for the Mayor's signature which would request that the County Council appoint a representative from Edgewater the next time a vacancy occurs. Councilwoman Lichter stated when she found out there was no representative from Edgewater, she contacted the County secretary and she sent her a list of the eight members. She heard they had moneys and thought she could find out where to get money for beautification. She learned that this basically has to do with tourism. She attended their last meeting. Councilwoman Lichter commented on how the appointments to the Southeast Volusia Advertising Authority are made. There will be three vacancies in September. She feels it may behoove them not only to write a letter to the Chairman of the County Council but to send a copy to all of the members of the County Council. Councilwoman Lichter stated we are part of this district and this may be a shot at something for economic development. Ms. Plaskett spoke about the Southeast Volusia Advertising Authority being appointed by the County Council and their not being limited to appoint someone from their own district. She explained they acquire funds through the bed tax and that goes to the hotels and motels. The intent of that is a part of that money goes to fund the Ocean Center. Other cities feel they don't get anything for their dollar. She feels it is necessary for someone to represent Edgewater on that board. Ms. Plaskett explained the Southeast Volusia Advertising Authority is intended to promote tourism in our area. They made a proposal to them to fund a brochure from the Economic Development Board and were turned down. Councilman Hammond asked if they get any money from the marinas. Ms. Plaskett informed him only for hotels and motels because the funds are acquired through a bed tax. Councilman Gornto asked if Steve Dennis is a member of Southeast Volusia Advertising Authority. Ms. Plaskett explained he is the Director of the Chamber of Commerce however, he is the acting agent for the SVAA. He has no vote and cannot make recommendations. Councilwoman Lichter feels it would be good to have a Realtor on that SVAA. Councilman Roberts feels since it has been three years since someone represented Edgewater on the SVAA, it is time to have someone from the community on it. 5) Canceling regular meeting of Monday, February 16r 1998r due to Presidents Day Holiday City Manager Grace reminded Council the meeting is canceled. There will be Special Meetings on February 9th and February 23rd. Mayor Allman thanked Interim City Manager Hooper for everything he has done for the City in the last four months. Councilwoman Lichter asked for an up to date list of the City employees. City Clerk Wadsworth stated she put one in her mailbox. ADJOURNMENT There being no further business to discuss, Councilman Hammond moved to adjourn. The meeting adjourned at 9:43 p.m. Minutes submitted by: Lisa Kruckmeyer Page -15- Council Regular Meeting February 2, 1998