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07-21-1997 - Regular ..., ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 21, 1997 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey city Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Lieutenant Bill Britain Present Present Present Present Present Present Present Present Excused Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Campagnone, Retired Roman Catholic Priest. There was a pledge of allegiance to the Flag. PRESENTATION OF PLAQUE FROM VOLUSIA/FLAGLER SAFETY COUNCIL FOR EXCELLENCE IN SAFETY AND HEALTH 1996 Fire Chief Bill Vola presented a plaque from the VolusiajFlagler Safety Council for Excellence in Safety and Health 1996 to Charlane Runge. He further commented on the reason why the City got the award. APPROVAL OF MINUTES A. Regular meeting of July 7, 1997 Councilman Hays made a motion to approve the July 7, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) Dominic Capria, 606 Topside Circle, questioned if there will be citizen comments before Council votes on Phase I and Phase II of the streets in Edgewater Landing. City Attorney Storey commented on action being tabled on one of the potential bonds for Edgewater Landing. By the closing of the agenda, the city Engineer was not able to release that bond however, if council would authorize that he would bring it back up tonight for release of the bond. Mayor Hayman asked if they are prepared to go ahead and reach a conclusion on that. City Attorney Storey was prepared to go through the presentation for Edgewater Landing. It was the consensus of Council that this item would be addressed. Mayor Hayman informed Mr. capria he could comment at this time. .... .."", Mr. Capria stated when the roads in Edgewater were repaved, there were two bonds, a maintenance bond on Phase III and a bond on Phase I. There was no bond on Phase II. The roads have been paved. He believes Halifax Paving is a reputable company but he feels some of the paving that was done was not done properly and that there were twelve items submitted by the City Engineer who has done a good job also. He feels these twelve items were not corrected as was requested by the City. We are responsible for those roads from the point of transition or from the point of resurfacing for one year. If something happens to those roads, then they have to pay for them. He feels all of the corrections need to be made and if they are not and something happens after one year, that means the taxpayers of Edgewater will be responsible to repair the roads. Mr. Capria feels Council should take a look at the twelve items before they vote so they can vote intelligently. Joe Langford, 127 E Connecticut Ave, asked if Item 8C will be discussed later. Mayor Hayman informed him he should comment now. Mr. Langford stated he has been a fifteen year resident of Edgewater. He commented on the increase of business and traffic in that area. He feels the City is concerned with some of the precedents that may be set in starting a concession type business on that piece of beach. Mr. Langford questioned a mobile business as opposed to a permanent structure. He spoke about overnight and weekend parking and activities. He spoke about liability being an issue. He spoke about this being a limited no wake zone and with increased activity in that already congested part of the river. He also spoke about the restrictions against alcohol on that beach with overnight camping activities considered. Mr. Langford hopes there is a future time to discuss these questions and the possible liability ramifications. Mayor Hayman itemized Mr. Langford's concerns. Bob Cornelius, 300 S. Riverside Drive, stated if that is a business going in it has to be rezoned. He feels because the water is not safe that is why people are not allowed to swim there anymore. He doesn't see how you can do anything in the water if you aren't going to get in the water. He feels the City shouldn't let a business come into the park when it ultimately says it is not safe to swim there. He commented on the noise generated by children out at 2 and 3 in the morning. Glenn Barnhill, 602 S. Riverside Drive, spoke about there being 19 boat trailers in Menard Park on Sunday. He referred to Ordinance 89-0-24 which says there can't be any privateering in the park. He feels it would be dangerous to allow this. He feels there should be a comprehensive plan for the riverfront before they entertain any idea of doing anything else. Ferd Heeb, 115 N. Riverside Drive, spoke about Riverside Drive being a residential area and all of the parks on Riverside Drive serve residential people. There is no reason to have a commercial enterprise at these parks. He expressed opposition to this. CITY COUNCIL REPORTS Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. Page -2- Council Regular Meeting July 21, 1997 '-' "'WI' Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays spoke about an article in the News Journal on July 12th pertaining to sexual predators in our communities. He feels it is important as a community to identify these people. He asked City Attorney storey to track these and make them part of the newsletter that goes out to the community. City Attorney storey stated she has been working with Detective Diana Floyd and they are aware of this individual in the City. They will be attending a seminar. This particular individual does not fall squarely into the category. There have been some legal questions as to the publication of this individual's presence. They will have better information after the seminar on Wednesday. Mayor Hayman feels the city has no room for sexual predators. He feels the citizens should be notified. Councilman Hays presented further comments regarding identifying sexual predators. He feels the City should have a predator bulletin board in City Hall and their names and addresses should be published. City Attorney storey agreed to get back to Councilman Hays after they attend their seminar. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS There were no items under this section to be discussed. CONSENT AGENDA A. Appointing Pastor Richard Gallo to share chaplain responsibilities with Rev. Dr. Lawrence Tee B. satisfaction of special assessment (paving) lien C. Amendment to blanket license agreement with Florida East Coast Railway Company Councilman Hatfield made a motion to approve the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 5-0. Reverend Tee, 316 S Ridgewood Ave. #16, introduced Pastor Richard Gallo, Edgewater United Methodist Church. He has graciously agreed to help out with the chaplain responsibilities. Councilman Hatfield feels the city is fortunate to have Pastor Gallo helping out. OTHER BUSINESS A. Amend contract with CET, Inc. to obtain wholesale Internet service from them in their capacity of an authorized Internet Service Provider Mayor Hayman declared a conflict of interest due to he and Mr. Davis being owners of another company. He will be abstaining from this. Finance Director/Assistant City Manager Fred Munoz made a staff presentation regarding the requested service of CET. Bill Davis, CET, Inc., introduced himself and asked if council had any questions. He presented additional comments regarding the Internet Service. Page -3- Council Regular Meeting July 21, 1997 ..... ..", Councilman Hays questioned if someone logs on and they have a problem or questions, those things will be routed to CET. Mr. Davis informed him that is correct. Councilman Mitchum asked if there a mechanism set up so when people sign up they clearly understand that. Mr. Davis informed him yes and that it would be published in the newsletter. Mr. Davis presented additional comments regarding the Internet Service they would be providing. Councilman Hatfield asked the ratio of lines into CET's service per the amount of customers. Mr. Davis explained the average for a well maintained Internet service should be approximately 8 users per line. They will be starting with approximately 64 phone lines which would be about 512 users to start with. Their goal is an approximately 70% load. Councilman Hatfield questioned people being billed in advance so the City will not have anyone not paying and the City being held responsible for the bill. Mr. Munoz informed him the payment is up front. Councilman Hatfield asked if there is online service for the City to obtain revenue grants. Mr. Munoz informed him the City Manager has an address on CompuServe and some of the other department heads have access. city Manager McMahon spoke about offering a service to the City at no cost to the City and at the same time simultaneously offer a small revenue stream. He elaborated on how the proposal got started. Councilwoman Martin moved for approval, second by Councilman Hays. The motion CARRIED 4-0. Mayor Hayman abstained. B. Florida Department of Transportation Proposal (Concept No.3) of cross-over/access management design for SR 442 widening project City Manager McMahon made a brief presentation. He would like to see the Council and City retain as much of a green strip as possible. This does mean closing down a lot of the westerly turns that we now have onto SR 442. City Engineer Kyle Fegley made a staff presentation regarding the DOT proposal for the SR 442 widening project. He presented a brief scenario on the background information. He explained each of three concepts. City Manager McMahon asked City Engineer Fegley to describe what will occur on turning maneuvers in the closed down lanes as to how they would access west and east in the areas that are open so they know how their driving habits would be affected. City Engineer Fegley elaborated on City Manager McMahon's concerns. city Engineer Fegley informed Council the Department of Transportation is looking for some direction on the cross- section. As long as we don't change in between the curb lines this project is continuing to move ahead at this time. It is in right-of-way utilization stage and as long as we don't change outside the curb lines this project is still in motion. Mayor Hayman stated he is pleased to hear there is someone on staff that is responsible for all this. Page -4- Council Regular Meeting July 21, 1997 'w' """"'. Mayor Hayman asked City Engineer Fegley to explain which turning lanes will be open coming east from I-95 for a left and right turn and once you get to U.S.#l, do the same thing going west. City Engineer Fegley did so at this time. city Manager McMahon stated City Engineer Fegley is not DOT nor does he represent DOT. What he represents is what DOT has given the City as alternatives for the City to consider and give input. If the City gives no input, DOT will make the selection they deem appropriate. If we do give input, we would likely be able to select the alternative that is being presented to DOT with the city's preferences. The final decision, as to design criteria, is going to be DOT. An audience member questioned why the city has to accept what DOT says. City Engineer Fegley explained that is DOT right-of-way and jurisdiction. state Road 442 is a state road. Mayor Hayman stated he is the one responsible for fighting and getting this project funded by the DOT. If he knew then what he knows now about the design, he probably would not have done that. Mayor Hayman stated if the City doesn't want SR 442, you could probably call up DOT and tell them you don't want it, and he knows a lot of people in other cities that would love to have the $14 million that is going to put in that artery over the next few years. He spoke about how hard he and his predecessors fought to get the project funded. Mayor Hayman stated he is not happy about the conditions that are seen in Proposal 3. This is a vast, positive change from what they first saw. He feels they need to continue to work on the critical areas. ultimately, the decision of this community is, if they don't want this road, they better say so tonight, because there are a lot of people that would love to have this money. He wants and needs this road built. Councilman Hays thanked staff for their work on this. He spoke about the growth in Edgewater. We do need improvements on SR 442. We are trying to come up with something workable and useable. Councilman Hays spoke about the issues of bike paths, walkways, curbing, and stormwater management. He feels they should not overlook these items in their discussion tonight. He elaborated on some of the problems he sees with the proposed design and feels this is still not acceptable. City Manager McMahon asked City Engineer Fegley to take into consideration concerns mentioned and point out which of the alternatives proposed by DOT would accommodate those the closest of the three. city Engineer Fegley elaborated on the second concept. City Engineer Fegley spoke about the bike path that is included in every design. Councilwoman Martin questioned the Winn Dixie entrance not being able to be used off SR 442. City Engineer Fegley explained only coming from the west going into Winn Dixie, you will be able to make a right into the Winn Dixie Plaza. You can't exit Winn Dixie nor can you enter from SR 442. The managing company for Winn Dixie is in touch with DOT and is trying to work out access problems. Page -5- Council Regular Meeting July 21, 1997 '-' """ Councilman Mitchum questioned Banyan Tree Drive. City Engineer Fegley explained there is no traffic separator, channelization, and no violation of turning left into Banyan Tree Drive. There was further discussion regarding Banyan Tree Drive. Councilman Hays asked for a few minutes to review the agenda packet. There was a ten-minute recess at this time. City Manager McMahon stated if the Council as a result of the community input tonight can make a determination of the alternatives that have been given to us, then probably we can make progress with DOT. He hopes Council can come to that conclusion. Mayor Hayman did a count of the audience to find out how many people liked each option. Option 1 - 0, option 2 - 15, option 3 - 14. Lieutenant Britain explained they haven't really been involved in the concepts with city Engineer Fegley. If you go to u-turns, there is definitely a problem. If you go to open intersections with five lanes, there are problems associated with that. No matter what we do we are going to have problems we will have to deal with. He would definitely go along with the closing of Alamanda Drive into Winn Dixie. He spoke about the area by the railroad tracks being a difficult situation to deal with. Lieutenant Britain stated he doesn't like seeing u-turns. state Road 442 is a truck route. Now we are telling trucks to use routes that are not truck routes. He spoke about people complaining about trucks going by and there being no construction going on. Lieutenant Britain would rather see every intersection open and trucks being able to make their rights and lefts where they have to make them and go about their business. Councilwoman Martin made a motion to approve Option 2, second by Councilman Hays. Councilman Mitchum expressed concern with u-turns. Lieutenant Britain spoke about it being easier to clear and reroute traffic in case of an accident, if there are no medians by Winn Dixie. The motion CARRIED 5-0. C. Agreement with Watersports & More, Inc. to use Menard-May Park for operation of water sports activities Parks and Recreation Director Jack Corder made a staff presentation. Mr. Corder addressed the concerns of citizens who commented earlier under citizen Comments. There will be no need to be concerned about overnight parking. The hours of operation would be 8 a.m. until sundown. Due to this being a mobile set up, there will be no facilities left on site at night so there will be no liability problem with it. We are trying to promote family-oriented recreation as well as generate revenue for the city. Page -6- Council Regular Meeting July 21, 1997 ...... ...., Mr. Corder elaborated on the equipment that would be used. He went on to speak about liability insurance. Everyone would have to sign a waiver for leasing with the stipulation you have to be eighteen years of age or older in order to rent a vehicle. It would be mandatory for everyone to wear life jackets. They cannot get into a boat by themselves unless they are sixteen years of age. Councilman Hatfield spoke about Menard-May Park. It appears to him even if they are putting in small crafts there, they will assume some liability from boats moving through there. Mr. Corder stated the company would be doing training before someone gets into a boat to make sure they are aware of how to operate the equipment and all the safety factors that go with it. Councilman Hatfield asked City Attorney storey if there are deed restrictions that would prevent a commercial entity from leasing a portion of this property. There was some concern about when the property was given to the City, about deed restrictions and putting in commercial entities. There was even a complaint about putting the bathroom structure there. City Attorney storey informed Councilman Hatfield the deeds were pulled relevant to the park. There are two deeds, one from the May family and one from the Menard family. She found no restrictions or reverter clauses. Councilman Hatfield asked if there are legal changes that would have to be made as to rezoning in order to put a business entity onto public use property. City Attorney Storey informed him it is zoned for public use and that would be a determination for Council to make. She further elaborated on commercial uses of the parks that have not been sanctioned by the Council. She spoke of a gentleman renting jet skis out of Kennedy Park. We are aware of another enterprise that drops off kayaks at Menard- May. Those are non-sanctioned activities. She feels her initial position is that it is a City park and they have the right to regulate that activity. She also mentioned guided fishing tours that leave out of the parks. Councilwoman Martin doesn't feel that Riverside Drive or Menard- May Park should be commercialized. Mayor Hayman spoke about Cameron's Fish Camp being commercially zoned. He went on to speak about people launching their fishing boats from Menard-May Park. He feels they have a real problem if they don't know what is going on in the parks with regard to the commercial enterprises. Mr. Kenneth Rob, 1190 Herbert Street, Representative for Watersports & More, Inc., was available to answer questions. Mayor Hayman questioned the environmental impact with regard to the Comprehensive Plan. Community Development Director Mark Karet elaborated on Mayor Hayman's concerns. There is nothing in the Comp Plan that would bar the City from entering into this agreement whereby some private entity would use public property as concession. Mayor Hayman spoke about the concern of parking, traffic and the impact of foot traffic as well as vehicle traffic to this facility. He questioned what the plan would be when the parking is maxed out at Menard-May Park. Mr. Rob explained his requirements, as are stated in the contract, are a simple forty feet by twenty feet. Mr. Rob went on to speak about the people he has spoken to in the community and everyone has been tickled pink about what they would like to do. Page -7- Council Regular Meeting July 21, 1997 ~ ..."". Mayor Hayman questioned where Mr. Rob would be taking the people on tours and if he would be going into the federal park. Mr. Rob explained the Canaveral National Seashore has awarded them the usage of the park. Councilwoman Martin questioned the people that come to picnic still having a place to park. Mr. Rob stated he would think so. Councilman Hatfield asked if we have or need Coast Guard approval to enter that channel. Mr. Corder stated as far as he knows, they do not need approval to put craft out there as long as the proper licensing is there. Councilman Hatfield questioned who shut down the swimming at Menard-May Park. He was informed it was the Health Department. Councilman Hatfield suggested contacting the Health Department before they go into an entity. Mr. Corder informed him they are not promoting swimming. There was a brief discussion regarding wind surfing. Councilman Hatfield feels they need to check on liability to make sure the Health Department has no problem with this before they go on with this. Councilman Hays commented on swimming being banned at Menard-May Park due to warm weather Ecoli levels that were in the water many years ago. with the new wastewater treatment plant and the lack of discharge into the river that no longer presents itself as a problem. People being in the water there is not an issue for him. Councilman Hays commented on the liability insurance carried by Watersports & More Inc. He questioned what protection the City has that people won't come back to the City if they get hurt. city Attorney Storey stated we have no way of preventing anyone from suing the City at any time. One of the provisions is that the City would be named as an additional insured. Our insurance company would expect Mr. Rob's insurance company to defend the City. We have an indemnification clause and certainly we would pursue that vigorously. Councilman Hays spoke about the park area at Lake Ashby. Mr. Rob spoke about over the last six weeks they have brought kayaks down and put them in the water to see what kind of reactions they would get from boaters going by. They have been absolutely pleasant. Mr. Rob spoke about the design of his watercraft that are used. Councilman Mitchum doesn't know how deep the city should get involved in this. He spoke about safety concerns he has such as the channel and not enforcing no swimming in that area. He further spoke about letting one entity into a park and how many more they will have to let in. He has a problem with the city receiving 10% of the gross receipts. By allowing this that would put the city in business with Watersports & More. He does not support the concept of being in business at this level or any level with a private entity. He doesn't have a problem with the business but he has a problem with the City participating with that. city Attorney Storey spoke about legal protections the City has such as the city solicited proposals. Page -8- Council Regular Meeting July 21, 1997 ......... ..""" Councilman Mitchum stated the first he has heard of this was on the agenda. He, as a Councilman, did not participate in this at all. He didn't give anybody any indication he wanted to go out for bid on this. He didn't support this and had no opportunity to support this from the start. Had this been brought up as a conceptual idea from before, then this Council would have said they either had a problem with it and to stop it or it sounds like a good proposal and entertain ideas to go out for bid. He does not support this and would not have at any point. Mayor HaYman spoke about not being better informed about an RFP. Councilman Mitchum moved for denial, second by Councilwoman Martin. The motion CARRIED 4-1. Councilman Hays voted NO. D. Appointments to Parks and Recreation Board due to expiration of term of Hal Jones. who requests reappointment, and due to resignation of Larry Ruqgles Councilman Mitchum made a motion to approve the reappointment of Hal Jones and the appointment of Maurice J. Remillard, second by Councilman Hatfield. The motion CARRIED 5-0. E. Economic Development Board's request for assistance to list Edqewater separately in telephone directory Dick Jones, 1530 Sabal Palm Drive, Chairman, Economic Development Board, stated he received a check for $3,000 from Wal-mart towards the brochure. Mayor HaYman asked Mr. Jones to make sure appropriate correspondence is given to Wal-mart expressing the City'S appreciation. Mr. Jones made a presentation why they are requesting Edgewater be listed separately in the telephone directory. Mr. Jones asked Council to submit a letter to BellSouth Advertising & Publishing Corporation stating the City is an entity and we want the equal recognition for the purposes of economic development. Mayor HaYman informed Mr. Jones he was told when the city gets their own telephone exchange in Edgewater then we would have our own book. New Smyrna Beach and Edgewater were assigned the same prefixes. Councilwoman Martin made a motion to approve the EDB's request, second by Councilman Hays. The motion CARRIED 5-0. F. Addition to Agenda - Edqewater Landinq Phase I Paving Bond Discussion and Issue City Attorney Storey spoke about the two bonds relating to Edgewater Landing. She explained the bond says nothing regarding Edgewater Landing being responsible for the maintenance for one year after the paving is done. City Engineer Fegley informed her he ready to recommend release of the bond at this point. City Engineer Fegley went over the twelve items of concern in Edgewater Landing pertaining to the paving bond. The twelve items have been addressed and repaired. Mayor HaYman questioned there being a misconception on the part of the residents of Edgewater Landing that they have some sort of financial obligation associated with this contract. City Engineer Fegley explained they are not aware of their obligations. Page -9- Council Regular Meeting July 21, 1997 ~ ,.."" Mayor Hayman clarified the burden is purely that of the City and the responsibility lies with the City. city Engineer Fegley informed Mayor Hayman that is correct. Mr. Karet elaborated on a requirement in the subdivision ordinance pertaining to when improvements are planned and put in place, typically there is a one year maintenance period where the City retains a Maintenance Bond. He explained why Edgewater Landing is different. Councilman Hatfield made a motion to approve the release of the Phase 1 Paving Bond in Edgewater Landing, second by Councilwoman Martin. Councilman Mitchum clarified the homeowners association in Edgewater Landing is not responsible for the maintenance of the roads for one year after the paving is done. Mayor Hayman asked for a concerned citizen of Edgewater Landing to meet with staff regarding any concerns pertaining to the roads in Edgewater Landing so they can be taken care of appropriately. City Attorney storey explained the City's only involvement is City Engineer's inspection of the finished product. The City is not a party to the contract so , other than City Engineer Fegley's determination whether the road is structurally appropriate, that would be the City's only legal issue of whether or not the contract with Radnor corporation has been met. The City, in her opinion, has no right or any place in entering into that discussion. Mayor Hayman disagreed with City Attorney storey. He feels the contract with Radnor also is supposed to be written to accommodate the specifications of this City with regard to paving and surfacing. City Attorney storey explained City Engineer Fegley's recommendation is that that has been met. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman informed Council of the City of New Port Richey asking for the City's support in special act and legislation to protect their Charter and them doing it. Mayor Hayman informed Council of a letter from the Economic Development Board to Parts Unlimited Inc. for moving into our city. Mayor Hayman read a letter from Mr. & Mrs. Don Barbara of Travelers Palm Drive expressing opposition to the utility poles erected along Indian River Blvd. The letter also mentioned trees and debris from the tornado that came through Edgewater still existing on a lot on the northwest corner of Travelers Palm Drive. Donald Masso, 317 pine Breeze Drive, commented on the appearance of SR 442. He spoke in opposition to removing the grass medians in order to improve SR 442. Councilman Hatfield agreed with Mr. Masso. He explained why he voted for the removal of some of the grass medians being purely because of the safety factor. Mr. Masso suggested when you have one center lane for turning left and right, you are facing head on collisions. He doesn't question the safety but he is not so sure head on collisions are almost as bad as U-turns. Page -10- Council Regular Meeting July 21, 1997 '-" ..." Andy Anderson, 1730 pine Tree Drive, commended the Council for their choice on Concept 2. He feels it is the most sensible decision. Mike Visconti, 316 Pine Breeze Drive, spoke on the widening of SR 442. He questioned if the road will be widened from U.S. #1 and terminates at 1-95. Mayor Hayman informed him yes. Mr. Visconti would like to see the City do something like Dunlawton Avenue is in Port Orange. Councilman Mitchum stated the paving will be done in two phases. The first phase is going to Air Park Road. He feels the City should be involved in the widening to make sure we maintain some greenery. Mr. Visconti feels it is an eyesore when you come into Edgewater from 1-95. Mr. Visconti feels the City is in business. He spoke about the money the City is receiving for the advertisements on the benches that he feels are an eyesore. Mr. Visconti spoke about the fountain being erected at the corner of SR 442 and U.S. #1. The dedication will take place August 16th at 1:00 p.m. Peter Moncure, 120 N. Riverside Drive, agreed with Council about not being able to keep track of the RFP's that are going out. He would like to see that stopped. Mr. Moncure stated if the city would like to get the attention of the local telephone company, all you have to do is suggest an RFP to provide competing telephone service. Herb Bosworth, 605 Mooring Lane, spoke about the presentation of the watersports facility. He spoke about the City not knowing what is going on in the parks as far as leasing. He questioned what other establishments that are non-sanctioned are in the parks. Mayor Hayman spoke about not being able to know what is going on all the time. Mr. Bosworth feels the Council should know what is going on in Edgewater. City Manager McMahon explained all the activities in the parks are discussed by the Parks and Recreation Board. What is not authorized, is checked out by the Police whenever that is possible. Dick Jones, 1530 Sabal Palm Drive, spoke in regards to the changes DOT wishes to make on Indian River Blvd. It is not SR 442, it is Indian River Blvd. He feels they are obnoxious and obscene and should be thrown out. Mr. Jones feels DOT's goal in the future is to get a bridge going from Indian River Blvd. to the Barrier Islands. Mr. Jones spoke about the intersection including Guava Drive and Hibiscus Drive. He feels traffic lights should be placed there and tied in with the railroad gates. He feels that is a dangerous area. OFFICER REPORTS City Manager McMahon had nothing at this time. Page -11- Council Regular Meeting July 21, 1997 '-' .""", City Attorney storey informed Council the city received good news in the dismissal of the Mary Lou McDonald v. City of Edgewater case. City Clerk Wadsworth had nothing at this time. Councilman Hays stated with the event of the upcoming changes of Indian River Blvd., they should start looking at and reconsidering the zoning in that area. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn. The meeting adjourned at 9:57 p.m. Minutes submitted by: Lisa Kruckmeyer Page -12- Council Regular Meeting July 21, 1997 w Y MEMORANDUM OF VOTING CONFLICT J.1'OR MUNICIPAL PUBLIC OFFICERS Name: Last, First Middle Name of Board, Council, Commission, Authority or Committee Hayman. Sr.. Jack H. City Council Mailing Address: P. 0. Box 100 The Board, Council, Commission, Authority or Committee on which I serve is a Unit of: OTHER X CITY COUNTY LOCAL AGENCY City County Name of Political Subdivision: Edgewater V olusia Edgewater Date on Which Vote Occurred: My Position is: July 21. 1997 X ELECTIVE APPOINTIVE DISCLOSURE OF CITY OFFICER'S INTEREST I, Jack H. Hayman. Sf. , hereby disclose that on July 21 19 97 (A) A measure came or will come before my agency which (check one) inured to my special private gain or loss: or inured to the special private gain or loss of whom I am retained; or , by X inured to the special private gain or loss of a relative or business associate. (B) The measure before my agency and the nature of my interest in the measure is as follows: Item 8A Amend contract with Communications Engineering Technology, Inc. (CET), to obtain wholesale Internet service from them in their capacity of an authorized Internet Service Provider. William K. Davis, President of CET and I are business associates in another firm, Data Technology, Inc. (Fomls\mayor-disclosure-CET -July2 1,1997)