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09-18-1995 - Regular ... ~ .."", CITY COUNCIL OF EDGEWATER SEPTEMBER 18, 1995 REGULAR MEETING 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 Acting city Manager Fred Munoz city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Excused Present Present Excused Present Present Present / / INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Jeff Kantz, Edgewater United Methodist. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of August 21. 1995 Councilman Hatfield made a motion to approve the August 21, 1995 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) Jerry Lee, 3047 Juniper Drive, expressed concern for the retainage being constructed in Florida Shores. He feels the retention ponds are a danger to children, a health hazard, destroying the value of their homes and lots, and a disgrace to this community. Mr. Lee stated this destruction must stop. The taxpayers are paying for this and they don't want it. If this is what paving is going to do for our community, he doesn't want it. Mr. Lee presented his statement in writing to the City Clerk. Jay Michael McKay, 1717 S. Riverside Drive, informed Council he would like to address them over proposed Ord. 95-0-12. Mayor Hayman informed Mr. McKay during public hearing, he would invite members of the general public to comment. Councilman Mitchum stated that item is not a public hearing, it is first reading. Mayor Hayman suggested Mr. McKay comment at this time. Mr. McKay informed Council he had a ten or fifteen minute presentation. Mayor Hayman begged his indulgence at the October 2nd meeting. Ken Pitchford, 3131 Juniper Drive, expressed opposition to the retention ponds. If it can't be done the right way, it shouldn't be done at all. 'w' "WJI ." Gloria Frioni, 3103 Juniper Drive, expressed opposition to the retention ponds. She feels this is hazardous for her as a driver or anyone entering her property and it is hazardous for tiny children. She spoke about having more mosquito breeding and water moccasins. Ms. Frioni stated the Council has depreciated the value of her home. Dominick Capria, 606 Topside Circle, feels the concerns being expressed by residents are very good points. Mr. Capria asked once the retention ponds are put in and/or swales, who will be responsible for the maintenance of these ponds. Mayor Hayman stated on numerous occasions, it was publicized that they will become the city's maintenance responsibility. Mr. Capria stated in other words, taxpayers will be paying for this. Mayor Hayman stated the community will be responsible for it. Mr. Capria stated it will come from the taxpayers, is that correct? Mayor Hayman informed him that is correct. George Adams, 2021 victory Palm Drive, stated he went and looked at the situation on the corner of 30th and Juniper and he believes the retention ponds were supposed to be constructed so the water would drain out of them and there would not be any standing water. However, looking at what has been done so far, there is water in the holes. Inez Walker, 3307 Victory Palm Drive, expressed concern about the design of the retention ponds. Mayor Hayman informed Ms. Walker they would be getting into a presentation which would describe the design which will be presented by Quentin Hampton who finished the project which was started by DRMP. Ms. Walker asked why we always have one group start something, which prove to be no good and end with another group. Ms. Walker offered her services to be a liaison between the taxpay~rs and the Council. Mayor Hayman welcomed her with open arms. Regina Ringlehand, 3404 India Palm Drive, stated maintenance of the retention ponds is not being done now. Why should the residents believe the new ones are going to be taken care of. Ms. Ringlehand commented on a retention pond at 28th at the corner of Juniper and Kumquat. Ms. Ringlehand commented on a gentleman from Port st. Lucie whose house value was $125,000. He took a loss of $65,000 when retention ponds were put in. His house is now only worth $60,000. She feels the Council needs to reevaluate. Debby Loeffler, 2104 Travelers Palm Drive, commented on the retention pond at Juniper and they don't want it. They have two driveways that her husband pulls his truck through and there is no way he will be able to do it. Ms. Loeffler feels these retention ponds are terrible. Mayor Hayman agreed to go and look at it. Page -2- Council Regular Meeting September 18, 1995 ..... ....", Sandra Gates, 3331 Juniper Drive, stated she has spoken to real estate people about her house and she was told that her house is going to depreciate $6800. She bought her house a year ago so she could bring her family to a caring community. She feels the city has betrayed all of the people in Florida Shores and we are going to have a HUD housing area if this continues. Mayor Hayman asked that during the break she give him the names of the realtors or appraiser she spoke with. Ms. Gates stated she would not do that. Sally Lee, 3047 Juniper Drive, asked for an explanation of how these retention ponds will not affect her children. She questioned why these retention ponds will not have fences around them. She asked why they are putting them in being a risk to children. Mayor Hayman commented on the requirements of the st. Johns River Water Management District regarding stormwater management which is one of the reasons this is being done. Ms. Lee stated from what she understands they did not require these. They required retention, not this; this is pathetic. councilman Mitchum stated he heard some comments that there was a realtor up here. There is a Louise Martin who is a realtor in this area but Councilwoman Martin is a retired banker. She has nothing to do with real estate. Dave Pohl, 2729 Royal Palm Drive, commented on the work currently in progress. He contacted st. Johns and spoke with Gary Cook. He said that the permitting process said the swale would be no more than 3 to 3 ~ feet in depth with a gradient of 6 to 1. Any depth greater than that and a gradient of more than 4 to 1 has to have safety barriers around it to protect people or children. He is quite concerned over this. He commented on the swales running north and south on the streets in Florida Shores and the City not maintaining them. If you are unable to give us a satisfactory answer to our concerns, maybe what we need to consider is a recall vote against all members of the city and find people that will listen. Mayor Hayman stated he would make sure they would address the st. Johns River Water Management District standards with our Engineering staff when they make their presentation. He explained with respect to the funding to maintain this system, what we hope to be able to do is save money by not scraping roads anymore and take some of that money to fund the maintenance of those collection systems. Sherry Hamlin, 2403 Sabal Palm Drive, commented on the problems that the retention ponds are going to cause for her. She feels this needs to be stopped before it goes too far. Mrs. Pitchford, 3131 Juniper Drive, stated once the retention ponds are done the Engineers will not be responsible for a death or mosquitos and water moccasins. She explained her driveway faces the road where they are going to put the retention pond and that is the only way in or out and she doesn't feel it is fair. Duke Southard, Recycling Contractor, presented a brief report on the recycling project. They have just ordered a $100,000 truck to replace the pickup thanks to the paving project. They have now recycled over 10 million pounds in the last four years. Page -3- Council Regular Meeting September 18, 1995 ~ '-" 'WIll Mayor Hayman asked Mr. Southard to wait until that point on the agenda. William Benson, 3327 Juniper Drive, expressed concern with the retention ponds and the safety of the children using the side streets to get to school quicker. He stated if you intend to put fences around these areas, fences are great for keeping children out but it won't keep rodents and reptiles from getting through. He feels it still poses a danger to the children. Jerry Lee, 1731 Air Park Road, stated he owns several pieces of property in Florida Shores. He can't imagine his worst enemy doing this to him. He can't believe the requirement is for 440 water holes. He can't believe that requirement was there to hold back the water. This needs to be stopped and looked at before there is no chance to back out. George Shaffer, 3047 Lime Tree Drive, stated the tax assessment on his property has gone down $3,000. There is absolutely no hope to regain any of the money he has put into his property. The Council will have to stand up and take responsibility for what they are doing to the community. How could the Council expect the city to support them if they can not support the citizens and their beliefs. This needs to be stopped now. Donna Ross, 3204 India Palm Drive, finds it hard to believe how the City is going to maintain these retention ponds once they are put in. She has a retention pond behind her house that has not been cleaned out in five years. If they can't keep up with the existing retention ponds, how can they possibly keep up with 440 additional ponds. Mary Ellershaw, 904 Mary Street, expressed concern about the Mango Tree Pond behind her. She feels if the city whould let the residents mow their yard in the back of the fence they could keep it mowed down. It has only been mowed once this summer. She commented on the mosquitos and the alligators. Steve Hamlin, 2403 Sabal Palm Drive, asked if an Engineer can explain the safety factors, the depreciation values that are going to happen to their homes? Has there been anywhere else in the country that this type of project has proven to be successful? Bill Jackson, 3231 Willow Oak Drive, stated he took a look at one of the retention ponds. His main concern is the depreciation of his house. He doesn't feel the death of a child is worth these retention ponds. Nina Schultz, 3317 Mango Tree Drive, stated a month ago her girlfriend's house burned down on 34th and pine which is on a corner. If she had one of the retention ponds there, how would a fire truck get to that house. Mayor Hayman informed her that would be addressed. Gloria Tindall, 2031 Kumquat Drive, stated when the Council started talking about retention ponds, she pictured the one around the Library and alongside of SR 442 next to the shopping center. It's bad and scary. She has put thousands of dollars into fixing up her property and now she wishes she would have sold it. There will be a retention pond on her street too. Please help us. Page -4- Council Regular Meeting September 18, 1995 "-" ....." Gloria Frioni, 3103 Juniper Drive, stated she moved down here and put her life savings into her home. She stated the house was built with a canal on one end. She now has two retention ponds in her front yard. They aren't retention ponds, they are actually deep holes which are on each side of her driveway and she can't even back out without trying to miss one or the other. This is a hazard for her. She commented on reptiles and small children in the area. Who is going to be responsible if a child falls in there? originally they had said 260 of these which would be 18" deep. The one in front of her house is over five feet deep and filling up with water now. That has dropped the value of her property by about $10,000 from what she understands from the builder. Ms. Frioni stated Indian River Water Management did not tell the city to put the retention ponds in. The town decided to put these in and increase the number. She would like an answer to that. Mayor Hayman informed her she would definitely get it. Ken pitchford, 3131 Juniper Drive, stated we voted on this, correct? Well he did not vote. Across from him he has a vacant lot on three corners. These people are living up north. He questioned if they had a chance to vote on this. When they retire they are going to come to Florida and build their house right next to one of those holes. Do you think they are going to like that very well. Mr. Pitchford commented on a fire hydrant. You are going to gate off my canal. The nearest fire hydrant to my house is on the other street which means the firemen are going to have to take their hose, climb up over this gate, through two retention ponds, plug it in and maybe his house won't be burnt to the ground. He would like that answered as well. Jerry Lee, 3047 Juniper Drive, stated he is a builder in this community. He has a home that is supposed to close on Wednesday. He stated this house is on the corner of 34th and India. He was not aware of the extent of the retention ponds. When this man asks him what is going on on the side of his house, he would like someone from the city to give him a sensible answer. Sandra Gates, 3331 Juniper Drive, questioned when it rains and the water starts from the swamp back off of Cow Creed Road and comes down Silver and all of the streets down that way, where is it going when it gets to India and Juniper. Mayor Hayman stated he would ask Mr. Fegley to address that when he gives us an overview of the project. Ms. Gates stated if you buy a corner lot, you pay a little bit more for that and when you go to sell your house, I don't know exactly how we are going to tell anyone we live on a corner because we don't live on a corner lot anymore. Dominick Capria, 606 Topside Circle, commented on the Council stating a majority of the people are for the paving. He has been to two meetings and all he has heard is negative. He has not heard one affirmative. He doesn't know where the Council is getting the idea that the majority are for it. Page -5- Council Regular Meeting September 18, 1995 '-" ..." Regina Ringlehand, 3404 India Palm Drive, stated her neighbor was asked to relinquish the names of the realtors who told her about her house being depreciated. She stated she wanted to know why when she called the st. Johns River Water Management on Friday and spoke with Daniel Hornsby they didn't have a permit for this. The only permit that was issued to the City on Friday was to put a retention pond in front of City Hall. Mayor Hayman asked that Item 7A be moved up on the agenda. status report of road improvement project by Quentin Hampton Associates Acting City Manager Fred Munoz stated City Engineer Fegley is here and will introduce Mark Hampton who has a presentation update. City Engineer Fegley introduced Mark Hampton, Vice President, Quentin Hampton & Associates, who gave a brief status report on the project. City Engineer Fegley stated he would like to follow up on some of the specific issues that were raised this evening. Mark Hampton, Quentin Hampton & Associates, stated they are the contract administrators, they did not design the project. Today was officially the first day of the project. Insurance papers are in. The contractor has done some staking. The first phase is for the completion of Hibiscus and 26th Street to allow the trucks to travel the newly paved road so existing streets don't get beat up. There are a few retention ponds that have started being constructed. Mr. Hampton asked the citizens not to judge the entire product by the very first thing you see. These ponds have to go to the receiving water body. They are supposed to be designed as a detention area which is different than a retention area. He explained a detention area is where water should be standing no longer than 72 hours. Mr. Hampton stated one of the first things he and Mr. Fegley are going to ask Halifax Paving is to try and take a very short segment of one of the streets, take it down to the receiving water body, put in the detention basin overflow structure and the underdrain, go back and finish the slopes the way they are supposed to be when they put the underdrains in, and sod it so there is something for people to look at. Mr. Hampton briefly spoke about Phase II which is roughly bounded. It's in the southeast area of Florida Shores. Mayor Hayman asked City Engineer Fegley to comment on the question regarding the st. Johns River Water Management District permit. city Engineer Fegley commented on a conversation with Gary Cook who informed him there have been many inquiries from Florida Shores residents. Mr. Fegley stated we have two particular permits: MSSW (Management of Stormwater Surface Waters) and a dredge and fill permit. Both of those permits were acquired approximately 4 years ago. The permit expiration date is November 12, 1996. Therefore the permits will have to be extended to complete the project. He has informed st. Johns as a stipulation of the permits 48 hours in advance of construction. Page -6- Council Regular Meeting September 18, 1995 ~. ~1 ......... ..." City Engineer Fegley stated two st. Johns representatives were present at the preconstruct ion meeting and they enforced erosion control measures. The permits are there and everything has been achieved as far as the governing water management district. Mr. Fegley commented on the criteria regarding the retention areas. The maximum depth is 3 ~ feet deep from the top of the berm to the bottom of the pond. Mr. Fegley stated as far as record drawings or construction plans, we have photo aerials done and they represent some of the existing contours. Mr. Fegley explained these are going to look very much like the retention pond at the Library. He asked to develop one of these ponds in their entirety to see what the final product looks like. We really need to do that. Most of the ponds will be 2 to 3 feet in depth. Mr. Fegley commented on emergency vehicle access. These items have been discussed with Emergency, Fire/Rescue, Police and the School board. Mr. Fegley commented on mosquitos always being a problem when there is stagnant and standing water. People from Volusia County Mosquito Control have assisted us in some ideas if indeed we realize there is a mosquito problem in the future. Mr. Fegley explained the detention areas are designed to percolate the water within a week after a normal rain event. Mr. Fegley commented on the Stormwater Master Drainage Plan. The City does not have the option to pave without providing some type of stormwater treatment process. Mr. Fegley stated a lot of infrastructure improvements are being done in the existing canals to assist the conveyance to help during flooding periods. Councilwoman Martin stated it is her understanding that these ponds will be interlocked together with a pipe and the water taken off to a central place. Once the road is complete the areas will be landscaped and maintained by the City. Is that correct. Mr. Fegley informed her that is correct. Councilman Hatfield questioned who required the stormwater retention and when was it required. Mr. Fegley stated the City by our own ordinance requires stormwater treatment. The water management district, and there are five in the state of Florida, have legislative authority. st. Johns oversees this particular area. They have certain stipulations or thresholds and when you add an area that has now been amended to 4,000 square feet that will be ultimately used as a roadway or a street. Once you trip that threshold then you have to meet the condition to capture that runoff before it is discharged into the canal. Councilman Hatfield asked if all the permits we got were approved by st. Johns River Water Management District. Mr. Fegley informed him that is correct. Councilman Hatfield stated so Mr. Hornsby had said no permit had been issued. He questioned Mr. Fegley if he understands why he would be saying something like this. Is there another permit we didn't get? Mr. Fegley informed him no sir. This has been cleared through the proper personnel in st. Johns. I do not deal with Mr. Hornsby. Gary Cook is the appropriate agent for st. Johns in this area. He is well aware the project has proceeded. Page -7- Council Regular Meeting September 18, 1995 ..,.. ......, councilman Hatfield questioned if Mr. Cook was present at the preconstruct ion meetings. Mr. Fegley informed him two representatives from st. Johns were present at the meetings. Councilman Hatfield asked Mr. Hampton if there are any other areas where similar projects have taken place like this and if he's been a part of any. Mr. Hampton stated there is none as large as this that he is aware of that use public right-of-way for such a measure. Councilman Hatfield asked Fire Chief Bill Vola about the response with emergency vehicles. Chief Vola acknowledged Chief Schumaker and EVAC ambulance as well stating that all of them primarily use the north-south streets anyway because they are accessible from the south end of the City off of Roberts Road to the north end off of SR 442. The side streets are used minimally due to there being stop signs at every intersection. Councilman Hatfield asked if there will be additional impact or risk by closing off the side streets from a fire standpoint. A gentleman spoke about pulling across the retention areas. Chief Vola stated the issue of the closure of the east-west streets increasing response times should not be a concern. We primarily use the north-south accesses. There are some deficiencies in the hydrant system throughout Florida Shores as well as the remainder of the City and Mr. Wadsworth has been adding to the fire hydrants as time goes on. Councilman Mitchum asked Mr. Fegley to address the retention area on 29th and Hibiscus. He was shocked by the depth. When this was originally discussed we talked about 18 to 24" and there being swales instead being cut in a v-shape. He questioned there being some depths of 3 to 3 ~ feet. The pond at 29th and Hibiscus sits right beside a drainage ditch. Mr. Fegley stated that pond is similar to the one that is adjacent to the Lee homestead on 31st and Juniper. That pond is adjacent and directly discharged to an existing body of water. That pond is over cut considerably. Their particular pond is supposed to be 3' deep in its final completion. The one on Hibiscus and 29th can't be deeper than 3 ~ feet. Mr. Fegley commented on the reason why they have currently excavated so deep being due to there being an underdrain system around the perimeter of that pond being meant to help percolate the water after a storm event. There was a brief discussion about the underdrain system. Councilman Mitchum stated he would like to make a suggestion. Mayor Hayman asked to comment first. Mayor Hayman commented on when they initially talked about the drainage system and safety being an issue. He spoke about people being able to get in and out of their driveways. He remembers comments made by Council about not wanting to create a hazard or a condition that made it difficult for people to access their homes. We asked our design team to very carefully look at some options that would preclude this type of situation from occurring. He does not like what he sees in front of Mr. Lee's house. He feels they need to identify the houses that have this condition and we either skip those houses and if we have to have a detention area, we try to locate it far away from that house so it is not inhibiting the ingress and egress to the house. The streets have to be paved and the runoff water has to be taken care of. Page -8- Council Regular Meeting September 18, 1995 ~ ...., Mayor Hayman feels this problem can be resolved. It is going to take us all working together very closely. He feels they need to prevent accidental drownings. He wants to work to resolve the problem. He can't support not paving the streets in Edgewater because of the reasons previously mentioned. He asked for help in seeking a solution that meets everyone's needs. Councilman Mitchum stated he understands the situation the Lee's are in and the necessity of the paving program. seeing something on paper and seeing something in reality are sometimes long distances apart. He stated his suggestion was going to be to allow Mr. Fegley to construct the pond at 29th and Hibiscus per his request and then have a workshop to where this can be addressed again. He shared the Mayor's feelings regarding safety and not being ready to scrap the program. He would like Mr. Fegley to complete one of the areas so we get a better look at how it is going to look and he would support a workshop to address this issue. Mayor Hayman feels a workshop is a great idea. He would like Mr. Fegley to come to Council at the workshop regarding the option of not doing anything in front of houses with driveways on side streets or do something limited in the vicinity of these houses but not disrupting the driveways. What is being done now is unacceptable to the public. He encouraged Mr. Fegley and Mr. Hampton to look at reconfiguring the sites. Councilman Hatfield would like to take the time to look at Mr. Lee's situation due to not being aware of it until tonight. Councilman Mitchum stated he was using Mr. Lee as an example but he is willing to address all of the problems. Councilman Hatfield stated he would like to see a finished project before a final decision is made. Councilman Mitchum made a motion to hold a workshop as soon as it can be arranged, second by Councilman Hatfield. Mayor Hayman asked Mr. Fegley how soon he can get the alternatives and get the go ahead from the contractor and engineer on the trial test site. Mr. Fegley stated they have a meeting with the contractor tomorrow and he would have a definite date but he wouldn't expect it to be any sooner than two weeks. Mayor Hayman questioned what they would do on the houses with driveways on numbered streets that are scheduled to have something done to them. Mr. Fegley stated at this point in time the contractor has not been notified otherwise than to proceed with the contract documents. If one of the alternatives is to tell them to stop, then obviously you are looking at additional costs due to delays. They could impress upon them if they could to go ahead and start implementing the rough cuts in areas where there aren't any developed homes and to not encroach within 50 feet of an existing driveway. In the two weeks it will probably take to build this pond, we could make a decision on the proper configuration of those detention areas. Mayor Hayman stated his personal feeling is to ask Mr. Hampton and Mr. Fegley to report back to them expeditiously the effect of not doing anything in front of existing houses on numbered streets as opposed to doing something and ask the contractor and subcontractor to work with us in those areas that have no residences. An attempt to correct the problem has to be made now without creating a greater and more difficult problem. Page -9- Council Regular Meeting September 18, 1995 1'1,. ':~~' ".. ...., ..." " < " ~ , ] Councilman Mitchum suggested talking to the contractor and compromise the workload. Mr. Fegley stated this would be mentioned at the meeting. One of st. Johns' criteria is you have to rough cut these detention areas prior to paving. within this time frame of getting this pond developed the contractor is on a fast track. They are ready to put soil cement down on Hibiscus as soon as they get that 84" cross drain done which will be this week or next week. Mayor Hayman stated if they have to they could call and notice another meeting. Mayor Hayman stated that would be an amendment to the motion. Councilman Mitchum amended his motion, second by Councilman Hatfield. The motion CARRIED 4-0. Mayor Hayman stated the Council has directed the Engineering staff to coordinate with the contractor to complete the demonstration site as soon as possible, the target area being 29th street. Councilman Mitchum has asked Mr. Fegley to take responsibility for that and also to coordinate with the prime contractor and concerned subcontractors to inform them we do not want anymore detention or retention areas on numbered streets until we can decide the best way to address this need. Mayor Hayman informed the public the discussion has been concluded for this time on this subject. He asked for Council permission to allow one more period of comment. Councilman Mitchum stated he thought they were concerned with the date of the workshop. Mr. Lee stated he still has concerns he is not happy about. It is a great improvement not to have these near peoples' homes. Councilman Mitchum stated the reason for the workshop is to address all of these concerns. We have responded to all of the questions tonight and there is a lot of work that went into this process. He asked Mr. Lee to be patient with Council tonight. t r I I 1 Mr. Lee asked for one minute. These type of retention areas are not what is definitely required by st. Johns River Water Management. There are many alternatives. He feels this doesn't need to be done adjacent to the side of homes. Vacant lots - that doesn't do anything for the people that haven't built on their lot yet. Edgewater Landing is a preplanned community. Those things were strategically placed. publix - that is commercial property. Once again that was strategically placed out of the way. Somebody, somewhere needs to admit that this was just an overall poor design. Dave Pohl, 2729 Royal Palm Drive, commented on the detention of 72 hours ,but the City Engineer says one week. That is a significant difference in time. A one week retention time means there will constantly be water in the retention ponds. Mr. Pohl commented on the savings that would be recognized in not having to grade the roads anymore. Mayor Hayman stated he appreciates Mr. Pohl's concerns but they are not going to rehash this allover again. He asked Mr. Pohl to attend the workshop. Sherry Hamlin, 2403 Sabal Palm Drive, stated at these workshops she hopes they get a chance to see what is actually going to go beside their homes. Page -10- Council Regular Meeting September 18, 1995 ~.'...'..~'..'.....'. 11iX, ~ , . ~ ~ Larry Loeffler, 2104 Travelers Palm Drive, stated when you have a large parking lot with not enough room for water retention they put perforated tubes underneath the paving. Is there any chance of doing that. Mr. Hampton elaborated on Mr. Loeffler's suggestion. George Kramer, 3307 Juniper Drive, commented on the need for more fire hydrants. There was a five-minute recess at this time. CITY COUNCIL REPORTS Councilman Mitchum Councilman Mitchum had nothing at this time. l ,~,....,.. ~ ~ ~ ~ c F Mayor Hayman Mayor Hayman had nothing at this time. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing on Ord. No. 95-0-11 Increasing monthly recycling fee by fifty cents Mayor Hayman presented the background and staff recommendation for Ord. 95-0-11. Mayor Hayman read Ord. 95-0-11. ; I f f ~L' "'" ~ t~ .( i Mayor Hayman opened the public hearing. Judith Lichter, 826 Navigators Way, stated in the News Journal on Sunday there was an article on some American cities find waste equals profits. They were talking about the towns making money with recycling. She doesn't understand why they can't have profitable recycling that doesn't go up but that makes the City some money. Hugh Williams, Director of Public Works, stated when they first started recycling, the City was charging $1.00 per month per household. The expenses of operating have always been in excess of $1.00. Most recently during the last year the cost to the city has been $1.44 per month per household. We have had to make up the difference from other funds. We are at the point where there are no other funds. Mr. Williams stated recycling has not been a profitable type thing for municipalities until just recently. He commented on the recycled soda bottle T-shirts that are available. It has not been profitable for the City to get into this itself. The earliest we could get into it ourself to where perhaps we could make some money would be in about 3 ~ years. Councilwoman Martin commented on the reasons we are not recycling. Mayor Hayman stated he is satisfied with the service provided by Southards Recycling. He commented on Mr. Southard's help he provided for the victims of Hurricane Andrew. Page -11- Council Regular Meeting September 18, 1995 .., ....., Mayor Hayman commented on what is being recycled not going to the landfill. He further commented on commercial recycling. Mayor Hayman commented on the commodities market. He stated he would like to, in the future, sit down with Mr. Southard and address the question and we need to tie in so the taxpayers of this community can either understand or get a break on the resale of the commodities collected curbside. , ,I i ~~"'" ',,!;.,~ '~ , 1 i Duke Southard, Southards Recycling, commented on the cost of the recycling process. The only place they are making any money is with newspapers. He commented on the new truck they are purchasing to pick up the recyclables in Edgewater. Mr. Southard briefly commented on commercial recycling. He stated he has no problem with discussing figures with the Council. He commented on curbside prices versus final destination prices. Mr. Southard commented on a majority of his employees being from Edgewater and New Smyrna Beach. He stated the participation rate in Edgewater is higher than New Smyrna. Dominick capria, 606 Topside Circle, feels Southards is doing a great job. He commented on the cost being subsidized knowing the city was going to come to this point. He commented on the tax situation and everything coming up at one time. Mr. Capria commented on when the recycling program was started, they were paying a cost of $1.60 which was lowered to $1.00. If they would have left the $.60 on back then, they wouldn't be in this situation right now. There was a brief discussion regarding the change in cost. Galen McClain, 3119 Queen Palm Drive, commented on his concerns regarding the cost for the disposal of recyclable materials. He feels the service is good. Mr. McClain commented on the $.50 increase. of what the City has taken in back to 1992. citizens are being hit double. He presented figures He feels the Mr. Munoz stated the City pays $1.44 per account and only $1.00 is being collected per account. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 95-0-11, second by Councilwoman Martin. The motion CARRIED 3-1. Mayor Hayman voted NO. , c .~~' .'....'..'........,..'.... I'':" "~ };: B. First reading on Ord. No 95-0-12 Establishing regulations for outside storage of vehicles, equipment and materials (Tabled 8/21/95) Councilman Hatfield made a motion to remove this from the table. city Attorney Storey made a brief presentation regarding changes made to Ord. 95-0-12. Mark Karet, Director of Community Development, commented on the language that has been entered in regards to the plan being approved by him. They intend to add that to an existing process instead of developing something new. Councilman Mitchum asked what the interpretation is of a custom car cover. Mr. Karet explained the definition of a custom car cover. Page -12- Council Regular Meeting September 18, 1995 'lIIw' ...., Councilman Mitchum commented on City vehicles being parked in a public right-of-way. City Attorney storey stated they are talking about interim measures. Public Works occasionally parks things over night. Mayor Hayman stated he appreciates the hard work that went in to bringing this ordinance back to Council. He commented on section l101.02 - Office Uses. Mr. Karet elaborated on his concerns. Mayor Hayman commented on section 1101.03 - Commercial Uses. Mayor Hayman asked about the appeal process if the applicant doesn't agree with the Director of Community Development's decision. Mr. Karet explained that would be included as a chapter in the Administrative part of the Land Development Code. Mayor Hayman commented on section 1101.04 - Industrial Uses. Mr. Karet elaborated on his concerns. Mayor Hayman questioned who keeps track of the 30 day period. Mr. Karet explained the 30 days is an enforcement mechanism. He explained the process they will take. Mayor Hayman questioned covering tractor trailers. Mr. Karet commented on the area being screened. Mayor Hayman read Ord. 95-0-12. Councilman Mitchum made a motion to approve Ord. 95-0-12, second by Councilwoman Hatfield. The motion CARRIED 4-0. C. First reading on Ord. 95-0-13 regarding Firefighters' Pension Fund Mayor Hayman presented the background and staff recommendation for Ord. 95-0-13. Mayor Hayman read Ord. 95-0-13. city Attorney Storey made a presentation regarding the Firefighters' Pension Fund. Councilman Hatfield made a motion to approve Ord. 95-0-13, second by Councilman Mitchum. The motion CARRIED 4-0. D. Res. No. 95-R-20 Ratifying and confirming action by City Manager and Finance Director in awarding Part B of Roadway Improvement Project financing to First Union National Bank of Florida Mayor Hayman presented the background and staff recommendation for Res. 95-R-20. Mayor Hayman read Res. 95-R-20. Mr. Munoz commented on this being for a much smaller amount than before. The bond amount being $3,964,740.44. Councilman Mitchum made a motion to approve Res. 95-R-20, second by Councilwoman Martin. The motion CARRIED 4-0. CONSENT AGENDA A. Bid award for one truck service body and electric winch crane to Nicholas Truck Bodies. Inc. of Jacksonville for $4,956.96 and waive time irregularity of qualified low bidder B. Dedication of Edgewater Commons lift station to City of Edgewater Page -13- Council Regular Meeting September 18, 1995 l' I [I ,., .."" C. Yearly maintenance contract for Finance Department's Mannesmann printer with Impression Technology D. Purchase of Library air conditioner outside unit from Servair at cost of $4,825 and determine as sole source supplier E. AT&T Wireless Services Application for Service Agreement for Police Department F. Second amendment to Agreement for Janitorial Services Mayor Hayman stated there are some changes from the Consent Agenda. city Attorney Storey requested after the other items are addressed on the consent agenda, if they would take a separate vote on the dedication of the Edgewater Commons lift station since that is a real property transaction. Councilman Mitchum made a motion to approve the consent agenda with the exception of Item B, second by Councilman Hatfield. The motion CARRIED 4-0. B. Dedication of Edgewater Commons lift station to city of Edgewater utilities Director Terry Wadsworth commented on the dedication process. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 4-0. OTHER BUSINESS A. Status report of road improvement project by Quentin Hampton Associates This item was discussed earlier on the agenda. B. Waive code purchase requirements for vendors of equipment/supplies and/or services that are routine and recurring in nature Councilman Mitchum made a motion to approve, second by Councilman Hatfield. The motion CARRIED 4-0. C. Approve investment policy as developed by Finance Director Finance Director Fred Munoz commented on the requirement of having an investment policy in place. Councilman Hatfield asked if this doesn't meet their needs, are they going to send it back. Mr. Munoz stated there is no requirement for us to send anyone a copy of it. But it is a requirement of the City to have one in place. Mayor Hayman asked if this will be part of the annual audit and review. Mr. Munoz informed him it would. Mayor Hayman questioned on investment parameters on Page 9. He suggested changing the wording to say shall be disclosed instead of should be disclosed. Mayor Hayman commented on the semi-annual fiscal report. He questioned the wording in section 7 - Reporting - Methods. The Finance Director shall prepare an investment report semi- annually. He questioned if it is appropriate to include that in our semi-annual financial message that Mr. McMahon gives. He questioned including a report on the investments as part of that report. Mr. Munoz stated you do get the monthly financial statements which tells you where all our financial money is. Page -14- Council Regular Meeting September 18, 1995 "W' ...., Mayor Hayman commented on the investment program. He asked Mr. Munoz if this is reported as it changes. Mr. Munoz elaborated on Mayor Hayman's concerns. Councilwoman Martin moved for approval, second by Councilman Mitchum. The motion CARRIED 4-0. D. Approve purchase of liability/property/casualty insurance for FY-1995/96 ! ~ll' "", : /....' ( t Acting City Manager Munoz presented a brief presentation on the current coverages we have this year and what the premiums are currently this year. He commented on the proposals from Risk Management being a little higher because of additional buildings being added to it. Councilman Hatfield moved for approval, second by Councilwoman Martin. The motion CARRIED 4-0. E. Approve payment of $4,125 for FY 1994/95 and $6,000 for FY 1995-96 to Communications Engineering Technology Inc. for work related to maintaining, posting and updating assessment rolls of sewer and road data base Acting City Manager Munoz presented a synopsis of what CET did for FY 94-95 and what they will be doing for FY 95-96. Councilwoman Martin moved for approval, second by Councilman Hatfield. The motion CARRIED 4-0. F. Appointment to Land Development and Regulatory Agency due to expiration of term of Don Masso. who requests reappointment Councilman Mitchum made a motion to reappoint Don Masso, second by Councilman Hatfield. The motion CARRIED 4-0. G. Appointment to Beautification & Tree Committee due to resignation of Sandra Ruggles Councilman Hatfield made a motion to appoint Danita Jurczak, second by Councilman Mitchum. The motion CARRIED 4-0. Addition to Agenda - Florida Health Care Plan, Inc. Group Insurance Contract city Attorney Storey made a presentation regarding changes in insurance. Acting City Manager Munoz presented the savings by switching to Florida Health Care Inc. He feels the city got a good rate from Florida Health Care Inc. Councilwoman Martin moved for approval, second by Councilman Hatfield. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman commented on an invitation from the Water Supply Cooperative to participate in a workshop regarding water issues Wednesday, September 20th, from 9 a.m. to 12 noon at the Daytona Beach Community College. Mayor Hayman commented on an invitation from the Volusia Council of Governments regarding a VCOG Water Summit process with group briefings by Dr. Marlow. Group II will be in the Edgewater city Hall Conference Room, Wednesday, September 20th at 7 p.m. Dr. Marlow will be at both locations. Page -15- Council Regular Meeting September 18, 1995 .... ....., Mayor Hayman commented on a letter he received from Freddye Moore and his response to Mrs. Moore. Mrs. Moore suggested we get together and arbitrate the differences on wholesale prices. Mayor Hayman informed Council he thanked her for her interest and concern and referred her to the previous decision made regarding the issues and the actions we approved. Paul Jenkins, Florida Shores, expressed concern over the proposed ordinance regarding the cars and the outside storage. He commented on the custom car cover. He feels there will be a problem with them being stolen. He suggested substituting the wording with well tied down cover or tarp with ropes, no weights. Mr. Jenkins stated with respect to the private property areas in the backyard storage, why couldn't someone with an inoperable car have a car cover there instead of having to spend the money on a fence or shrubbery. That would be a real problem for the people who rent. Mr. Jenkins further elaborated on his concerns regarding operable and licensed vehicles. He would like to see something changed with the tag option and something worked out with the car cover situation. Mr. Jenkins commented on language that could be used in an industrial area. Councilman Hatfield asked if Mr. Jenkins had this in writing. Councilman Hatfield asked for a copy of Mr. Jenkins notes. He feels Mr. Jenkins brought up some interesting points. Mayor Hayman asked Mr. Jenkins to send it to the City Clerk and she would distribute copies to the Council, Mr. Munoz, Mr. Karet and City Attorney Storey. I I I ! i 1 ,I Mayor Hayman commented on a letter from Don Feaster, Water Co-op. We have inadvertently been given and had taken away the affiliate member status. He further commented on what happened. The City has been informed that in order to be an affiliate member we must request that status. They respectfully request the Council, if they officially wish to become an affiliate member, to instruct the Acting City Manager to prepare the necessary correspondence. Councilman Mitchum stated he would like to wait until Councilman Hays is back. Councilman Hatfield asked that this be tabled until Councilman Hays comes back. OFFICER REPORTS City Attorney Storey commented on the need to schedule an executive session to discuss pending litigation and this is an exception to the public meeting law. This is something that can be handled in an executive session once the meeting is announced and there is some criteria in 286.011(a) that we have to meet prior to holding the executive session. We have had a tentative settlement offer in the Pusdrofski case and we need some further policy guidance and other matters in reference to the Kahle case. If September 28th is not appropriate, please let Ms. Koser know and we will proceed from there. Mayor Hayman and Councilman Hatfield have a conflict with that date. city Attorney Storey stated this needs to be done fairly quickly. Page -16- Council Regular Meeting September 18, 1995 '- ...., Councilman Hatfield questioned September 21st being too soon. city Attorney Storey stated the only issue with that is Mr. McMahon would not be back. council decided a good date to hold the executive session would be on October 2nd at 5 p.m. city Manager Acting city Manager Munoz had nothing at this time. city Clerk city Clerk Wadsworth had nothing at this time. Mayor Hayman welcomed Mr. Hill from the News Journal who replaced Barry Gear. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn. The meeting adjourned at 10:10 p.m. Minutes submitted by: Lisa Kruckmeyer Page -17- council Regular Meeting September 18, 1995 I ! t