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05-04-1992 - Regular ...,. ..""" CITY crncn.. OF EOOEWA'mR RIGDAR MEET]}(; .MAY 4, 1992 MINU'.mS CALL ro CRER Mayor Wessler called the neeting to order at 7:00 p.m. in the Ccmrunity Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Krista Storey City Manager George M::Mahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Arrived Later Present Present Present Present Present Present Present ImiOCATI<E, PI:BIX;E OF ~ Reverend Ken Zi.rmennan, Edgewater Methodist Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINU'.mS Special ~ of MaI:ch 30, 1992 Councilperson Martin m:wed the minutes be approved. Councilperson Gillespie seconded the notion. Councilman Hays requested page 2 reflect that Mr. M:::Mahon had left the roan between paragraphs 5 and 6. ~tion CARRIED 4-0. Reqular ~ of April 6, 1992 Councilperson Martin m:wed they be approved. Councilperson Gillespie seconded the notion. ~tion CARRIED 4-0. Special ~ of April 15, 1992 Councilman Hays m:wed for approval. Councilperson Martin seconded the notion. ~tion CARRIED 4-0. CITIZEN a:HDll'S Larry ft::DeroDtt, representing Volusia County Business Developrent Corporation, distributed copies of their reorganization due to a recamendation by the Green Ribbon Cc.mnittee, noting they increased their Board of Directors to 60 people. Councilman Jones arrived at this ti.ne, 7:07 p.m. Tan BaQer, 3032 Mango Tree, presented a petition for paving to Mayor Wessler and said this is a health hazard. Cliff Clark, 1818 Evergreen Drive, spoke about the repeat code violations of a neighbor, detailing the long period of ti.ne the violations have been ongoing. He spoke in favor of the Code Enforcerrent Officers reporting violations instead of the public having to call them in. Councilperson Martin pointed out it was a 6 nonth probation for the Code Officers. There was discussion about prior responses to violations. Mayor Wessler requested Mark Karet, Ccmrunity Developrent Director, keep Mr. Clark advised on the status of the pending violations. Doris Hill, Lincoln Road, stated the public should not have to report code violations and carplaints, it' s up to the Code Enforcerrent Officers. There was discussion about the carplaints being confidential so there would be no reason not to report a violation. CXRiFXl' AGENDA Parks and Recreation Interlocal ~~It with Volusia Camty Councilperson Gillespie m:wed to accept the consent agenda. Councilperson Martin seconded the notion. Mayor Wessler suggested the County be approached for assistance with developrent of the 26 acres. Councilperson Gillespie stipulated that the City would keep control of it. ~tion CARRIED 5-0. ...... .... NEW BlEINESS ReD....--.datien to acceot Ernst & yamq to nr:uvide recart.s en calculations far arl>it.I'age caIPl.i.aIX:e per T1:easurv :reauiIt2IelIts Councilperson Gillespie reviewed her research on this issue and requested tine to study it further. City Manager George M::Mahon and Finance Director Fred Munoz reviewed the requirenents of arbitrage and Mr. Munoz explained they may have to do the calculations the first year, then see if they need to do it for the second, third, and fourth years, and then the fifth year it has to be done. There was discussion about postponing a decision and Mr. Munoz noted August 1 is the one year anniversary date. Councilperson Martin m:wed to accept the staff's recamendation of Ernst & Young. Councilman Jones seconded the IIDtion. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Apx>.i.nti.ng three TIIF'DilP-rs to Citizen Code EnfOI.l;t:2lt::uL BoaId due to resiqnations of Craig Mmscn aId Den Benn.i.n.qtcn aId expiration of tenn of Joan stralq Councilperson Martin naninated Joan Strong for reappointment. Councilperson Gillespie naninated Richard A. Jackson. Councilman Hays naninated Donald Schmidt. Mayor Wessler pointed out she had Mr. Schmidt's nane for appointment to the Master Bike Path Plan Carmittee. After City Attorney Krista Storey's explanation that the citizen Code Enforcenent Board is not advisory to Council, there was discussion about whether Mr. Schmidt would have tine to devote to both boards. Councilman Hays withdrew his nanination until Mr. Schmidt could be contacted. Councilperson Gillespie IIDVed to accept Joan Strong and Richard Jackson. Councilman Hays seconded the IIDtion. Motion CARRIED 5-0. CIID:J::NAR:ES, PUBLIC HFJ.\RllG), AND RESOWrIcm First Reading: None Secarrl Reading: (Public Hearinq) None UNFINISHED BlEINESS Presentation of envi..nnnental assessnent report. en Planned IIdustrial Devel~it. area. by Camtv staff aId presentation of ~ of Gran Central Cal:para.tien PI'Q)erty bY' PaoeI:ov aId Associates Joe Martin, Industrial Develq::mant Board Chairman, introduced a Volusia County environmental specialist who gave an overview of their assessnent. She recamended the GaJre and Fresh Water Fish Carmission becare involved as soon as possible and that the City get carbined services of a professional engineer and an environmental consultant. There was discussion about the arcount of the property that would be usable. Mr. Martin then introduced Mr. Richard Allen of pareroy and Associates who explained they evaluated about 243 acres. Mr. Allen noted this property will be difficult to develop because of jurisdictional problems. He stated the market today would be about $1,785,000, or $7,337 an acre for the property. Mr. Martin stated the Industrial Develq::mant Board will prepare plans based on this infonnation and will nake recamendations to Council, including how to finance it. Council nembers offered assistance fran staff and expressed appreciation for the efforts of the Industrial Develq::mant Board. There was discussion about whether developing of this land is feasible. Cha:nqe <kder No. 2 to Phase I of Florida ShoI:es Capital ~~ent PI\.JqLam to authorize use of prrole reuse pipe at a contract price of $8,277 (FJ:an 4/20/92 reQular JIEeti..nq - Dyer, Riaile, Mills & P.recant will :Leport) Dan Allen and Ron FerlaId, Dyer, Riddle, Mills & Precourt, Inc., explained the purple pipe was ordered under a field directive so as not to delay the job and it has a higher cost because demand is high and supplies are low but prices should be going down by phases 3 and 4. Mr. Ferland stated the Anerican Water Works and Anerican Public Works Associations went with purple pipe and fran the tine specifications were written until the tine of bidding the color was changed. He noted the high degree of reliability and safety by showing it's reclallred water. There was discussion regarding the tine taken to care to Council and the prior change order of $50,000 for adding IIDre water lines because of the good price obtained per linear foot. Councilperson Martin IIDVed to accept the change. Councilman Jones seconded the IIDtion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes May 4, 1992 -- --- UNFINISHED BlEINESS (Continued) hHi.nq fluoride tI:ea:mEnt at the new.Alan R. 'lbcIIa.s Water Trea:mEut plant (Fran 4/20/92 :reqular DEeti.nq) Mayor Wessler noted a suggestion was made to her to set up a carmittee to study this. Councilman Hays requested council decide this, whether as a carmittee or as an item on the ballot, because it's a public health issue and not a political issue, but he can't find strong evidence one way or the other. Councilperson Martin expressed concern with putting sarething alien into the water. Councilman Jones suggested they put it on the NoveniJer ballot to let the people decide. Councilperson Gillespie pointed out it will fit on the ballot with cost only for printing and she reviewed her extensive research into this subject. Daneen Read, 2526 Royal Palm, represented New ~ Beach Middle School Pl'A and spoke in favor of fluoride. She stated the American Medical Association, National Pl'A, American Heart Association, .Anerican Cancer Society, and American Dental Association endorse it. Roland Bazin, 1014 South Riverside Drive, read a resolution fran the American Association of Physicians and Surgeons condermring addition of anYthing to water supplies and stated people should have the right to take fluoride on a voluntary basis. He requested it be placed on the referendmn. Ray Miller, 3110 Sabal Palm, suggested people go to a dentist for fluoride treatIcent. Dr. Charles Gebelein, 1730 Umbrella Tree, spoke as a chemist regarding the toxicity of fluoride. He suggested fluoride toothpaste and good dental hygiene is the solution but treating drinking water is a waste of noney. Mar:v Arm Malecki, Boston Road, spoke as a registered nurse and health educator at Daytona Beach Ccmmnity College, noting application of fluoride should be to the teeth and not the entire body and fluoride can be swished and is part of the dental cleaning. Councilperson Gillespie noved they postpone for one year unless they want to kill it all together and then a:rrended the notion to canpletely do away with the idea at this tiIre. Councilperson Martin seconded the notion. Councilman Jones camented on only the 0-10 ages benefitting fran fluoridation. Councilman Hays noted benefits are limited for the cost involved and we could assist the schools with a percentage of the noney for fluoride treatm:mt, perhaps with the Pl'A. Councilperson Gillespie agreed we could assist for those that don't have the service. M:>tion CARRIED 5-0. Mayor Wessler stated she'll ask Dr. Rogers to attend the May 18th neeting to explain what ages would benefit. Mayor Wessler called a recess at 8:52 p.m. and called the neeting back to order at 8:58 p.m. Extension of contract with Ernst & Yoonq to perform City's auditin.q services far additiaJal two vears (Fran 4/20/92 :reqular IJEetinq) Fred Mmoz, Finance Director, explained the negotiations produced a reduction of the fee by $1,500 for each of the two years, a total of $3,000. There was discussion about going out for Requests for Proposals and using the Consultants Cc.rrpetitive Negotiations Act process to see if the City could get a better price. Mr. Munoz stressed the .inportance of continuity with this auditing firm due to the City's being involved in the capitalilYprOVE!l'lEn.ts program now. City Manager George M::Mahon stated he has no professional reason to recamend the City make a change fran the current auditors and it's an extensive scope of services. Councilman Jones noved they extend the services of Ernst & Young. M:>tion DIED for lack of second. Councilperson Gillespie noved they go out for RFP. Councilman Hays seconded the notion. After discussion al:xJut costs of prior auditors and others in the area and calculations, Councilperson Gillespie amended her notion to counter offer to Ernst & Young the smn of $ $40,000, not including the arbitrage, for the audit of the City of Edgewater for the first year and $42,000 for the following year for the two-year contract, and if they do not accept the counter offer, we will go out for RFP. Councilperson Martin seconded the notion. M:>tion CARRIED 5-0. 3 Council Regular Meeting Minutes May 4, 1992 "'-" ....., lH'INISHED REINESS (Continued) Appoi..ntinq ~rs to Ccmoittee for Master Plan for bike paths t:.hrrA1cdKnt the City (Fran 4/20/92 reqular JIEetinq) Mayor Wessler explained she called Mr. Schmidt during the recess and he'd like to serve on both l:x::>ards and the City Attorney has said it's okay. She stated that's her selection, councilman Jones will represent zone 1, and Councilperson Martin will represent zone 2. Councilman Hays expressed support of the current nembers of the bike carmittee (Councilperson Gillespie, Pat Kuhn, and Edie Williams). Councilperson Gillespie noted they'll have staff input fran Mark Karet, Jack Corder, and Gates Castle. She then noved that they be accepted as presented. Councilperson Martin seconded the ItDtion. Motion CARRIED 5-0. NEW REINESS Aax>i.nti..nq three ~rs to Citizen Code Enfot.CEDeIt Boanl due to :resiqnaticns of Craiq Kmsoo. and Dan Benni..ncrta1 and exniIatian of tenD of Joan st.nnq Councilman Hays so noved to appoint Donald Schmidt. Councilman Jones seconded the ItDtion. Motion CARRIED 5-0. ~OFFICERS ~S City Attornev - City Attorney Krista Storey had no report at this ti.ne. City Manaqer Road oavincr special report. - City Manager George M::Mahon reccmrended setting aside ItDney each year to go into a reserve to begin offsetting sate of the major costs. He explained the City has about 71.4 miles of unpaved streets and it will be about $47.18 per linear foot, costing about $18 million, and adding bond issuance costs of $2,921,000 would be a total of $21,000,000. He noted the typical assessrrent would be $1,258 per 80 feet of frontage using the on one-third assessrrent that was used in the past, which includes stornwater. There was discussion about this large aIIDUIlt added to the current sewer assessrrents. Mayor Wessler suggested another carmittee be set up to include sateOne familiar with financing and they'd hold meetings similar to the CIP meetings to get accurate feedback to the residents. Dan Kastner, 3036 Mango Tree, stated people know how nuch it will cost for paving and everyone wants it. 'lbaJas BaQer, 3032 Mango Tree, expressed concern about the dust the children have to breathe and suggested ItDney for shell be spent on asphalt. Mayor Wessler requested Council mambers bring a narre on May 18th for a fact finding black top carmittee and Mr. M::Mahon can put information in the newsletter. It was agreed costs to reshell the roads would be obtained. ~ ~en, Edgewater Landing, explained how he had to pay for ponds, streets and intersections and he'd object to paying a portion for sateOne else. Pete Hellsten, 1717 Riverside Drive, questioned the $3 ItDnthly fee for a storm- water master system and Mr. Ron Ferland, of Dyer, Riddle, Mills & Precourt, Inc., explained the stornwater utility in the master plan doesn't include iIrproverrents associated with paving, such as rights of way. Mr. Hellsten spoke about the amJUIlt spent to maintain shell roads being included in the City's portion. Will Andersen, 1730 Pine Tree Drive, asked about using oil for the dusty roads and Mayor Wessler advised it's environmentally unsafe. He spoke about the paving machine tearing up the roads 3 weeks ago and requested information on the one- third process for assessrrent, which Mayor Wessler provided. Mr. Anderson suggested they get funds fran the State, County, or Federal governments. Mayor Wessler suggested a survey be done to see who wants paving. There was discussion about possible funding and 50% assessrrents and Mr. M::Mahon explained if they have general obligation bonds, it will have to go for a referendum. Councilperson Gillespie noted the current bonds have a tenn date of lXtober 1. 4 Council Regular Meeting Minutes May 4, 1992 '-' -..,,;. rou:IL/OEFICERS ~S (Continued) City ~il Councilperson Gillespie asked about the swimning pool ordinance and City Attorney Krista Storey advised it will be at the next neeting. Councilperson Gillespie asked about the fascia ordinance and if they could have it by the second neeting in June. City Attorney Krista Storey explained the land develOflIEI1t regulations through the Depa.rtIrent of Camunity Affairs requirerrents and noted if Council wants her and Mr. Karet to pull individual ordinances fran the LOR's, they can do that. Mayor Wessler asked that these requests be the consensus of the entire Council. Councilperson Gillespie requested they rotate the schedule on the Council reports to be the sane as the voting order and she noved they follow the voting order for the Council Reports. Councilman Hays seconded the IIDtion. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. Councilman Hays read the resolution to support the State Anen.dnent on Voter Control of City Taxes and asked that it be on the next agenda for consideration and action. He requested a copy be sent to Craig Conn at Florida League of Cities if it's adopted. Mayor Wessler stated the Future Farners of Anerica had a rumnage sale last year and they want to hold one on Park Avenue this Saturday and are asking special pennission. Councilperson Gillespie requested Police approval because of construction on Park Avenue. Police Chief Iawrence Schumaker indicated he had not seen the request but ~d review it. Councilman Hays m::wed it be approved subject to Police approval. Councilman Jones seconded the IIDtion. Motion CARRIED 5-0. Mayor Wessler asked for Council ccmrents on the school inpact fees be provided at the May 18 neeting. WESTICHi E1D{ PRESS There were no questions fran the press. CITIZEN <DHnll'S There were no ccmrents fran the audience. 1IDJOORN Councilman Jones m::wed to adjourn. Councilperson Martin seconded the IIDtion. Meeting was adjourned at 10: 12 p.m. Minutes suJ:mitted by: Lura Sue Koser 5 Council Regular Meeting Minutes May 4, 1992