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10-07-1991 - Regular f '-" ,....., CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 7, 1991 MINUTES CALL TO ORDER Mayor Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Krista Storey Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend William Sharp, of Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. Mayor Wessler asked the students from Edgewater Public School and Indian River Elementary School who had participated in Shadow Day as part of Local Government Week to introduce themselves: Jackie Valigorsky, Indian River Elementary, shadowed Po 1 ice Ch ief Schumaker; Laura Wadsworth, Edgewater Pub 1 i c, shadowed Fire Chief Vola; Jamie Teehan, Edgewater Public, shadowed Councilman Hays; Kevy Bauer, Indian River Elementary, shadowed Councilman Hays; Michael Delahanty, Edgewater Public, shadowed Councilperson Gillespie; Florence Small, Edgewater Public, shadowed City Clerk Susan Wadsworth; Erin White, Edgewater Public, shadowed Mayor Wessler; Jimmie Tyler, Edgewater Public, shadowed Councilperson Martin; Shelly Mason, Indian River Elementary, shadowed Councilman Hays; and Angela Feldman, I nd i an River Elementary, shadowed Act i ng City Manager Munoz. Counc il person Gillespie stated they had 19 students today with one boy sick. She said it was a wonderful day. APPROVAL OF MINUTES Regular Meeting of August 19. 1991 - Councilperson Gillespie moved to accept the minutes of August 19. Councilman Hays seconded the motion. Motion CARRIED 4-0. Councilman Jones abstained from voting because he was not present. Regular Meeting of August 28. 1991 - Councilperson Gillespie moved to accept August 28th minutes. Councilman Jones seconded the motion. Motion CARRIED 5-0. Special Meeting/Workshop of September 9. 1991 - Councilman Hays moved for approval. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Special Meeting of September 11. 1991 - Councilperson Martin moved to approve. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Workshop of September 16. 1991 - Councilman Hays moved for approval. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Regular Meeting of September 16. 1991 - Councilman Hays moved for approval. Councilperson Martin seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Art Wheeler, 211 Meadow Lake Drive, stated they're back with the flooding problems at Meadow Lake. He noted that Councilman Hays and Councilman Jones had visited there and Council person Gillespie has been helpful in talking with Mosquito Control. He stated the water1s going to Roberts Road and down 28th Street and the residents have lakes behind their property and between the houses. He said it's going to cost about $17,000 to repair the streets that were put in in 1987 and the trees are dead where the fill was put into the canal. He stated he1s asked before to have the fill taken out and whose responsibility it is, the City or the developer. Mayor Wess ler exp la ined they're in the process of resolving this and she asked Gates Castle to provide details. '-' ,..., CITIZEN COMMENTS (Continued) Art Wheeler (Continued) City Engineer Gates Castle stated the fill dirt is not the problem, it was the blockage across Roberts and South of Roberts and they recently had a meeting with Mr. Barrett and other parties and took a big step toward resolving the problems but it will be ongoing to get it finally resolved because there are a lot of different areas that need to be addressed and they're addressing one at a time. Mayor Wessler asked if the fill dirt has anything to do with the problem. Mr. Castle replied no. Mr. Wheeler asked the Mayor and Council to come down and look at the problem because they had a canal that took care of surface water and there were no problems until a developer came in and was not authorized yet received a permit to fill it. He added they have too much money tied up in their homes and it's up to Council to determine who's at fault. Georae Ewina, Royal Palm, asked to speak under unfinished business later on the agenda when voluntary annexation is brought up. Mayor Wessler agreed he could. Mr. Marriott, Meadow Lake, stated they put in catch basins that back up water onto his property and didn't tell him about it and he wants the catch basins out. He said they.ve talked with Mr. Cook of St. Johns River and he's not in favor of them at all. He said they were promised when this is complete the water will be down to where it started and there's no reason it cannot be done by removing the catch basins and all the dirt that was put in there. He stated trees are being killed by sitting in constant water and last week they had to call the City to remove fish from the sewers and the stench was unbearable. Al Beckman, 217 Meadow Lake Drive, stated the City Engineer had mentioned there's an agreement that a step procedure will be followed to alleviate the drainage problem in Meadow Lake but he told them that last March and there was a requirement that the drainage ditch South of Roberts Road, which is a continuation of the drainage problem from the subdivision, would be dug out properly and connect it with the South canal to drain this area and he doesn1t think that's been done but was on the City Engineer's agenda. Mr. Castle indicated agreement. Mr. Beckman asked why it was not done by last April or a court order or something be used. Mr. Castle stated he's been trying to get it done since last March. Mr. Beckman stated if all he's getting is promises, that's what he got last March, but they need assurances that something will happen. Mayor Wessler explained the City's trying to get an agreement and the new City Attorney's only been on board about two weeks and things will move now. Mr. Beckman asked Ms. Storey if she's visited Meadow Lake. Ms. Storey replied no. Mr. Beckman asked her to come down and get in touch with Art Wheeler at 211 Meadow Lake Drive so he can show her the full extent of the problem. Bob Bonney, Meadow Lake, stated he doesn1t want to talk about his own property, but the last time Council came down they were stuck in the middle of the road and said they had to have written permission to make a ditch line to connect to 27th and they sent a dozer operator out and 27th was running uphill. He said he questioned the operator who said they have an elevation mark and he can only go to that and then his job is done and he's only trying to solve the flooding problem. He said the back end of his property is flooded all the time and he has water up to the side door to the house and it's time something is done right. Bob Kuykendall, 193 Clover Ridge Court, stated he's from Maryland and he liked the canal in Meadow Lake next door to his property when he bought it and now it looks like an open septic tank and the water is not flowing anywhere. He said the canal is full of debris including stumps the developer dumped there and a dump truck took dirt from the second road next to him and dumped it in. He said the fill is one problem and the other is the person who will not fix it the way it should have been in the first place. Ben Vazauez stated he resides at 1907 S. Atlantic Avenue, New Smyrna Beach, and is temporarily residing at 2807 Needle Palm with an interest there. He stated he went to DER in Orlando and Tallahassee and then to the FBI in Tampa. He said he got a hassle from the Orlando DER and no information about whether the City has authority to pursue the special assessment district in Florida Shores. He said on the 21st he went to Tallahassee DER and talked with Mr. Watson in response to his letter and to Mr. Mansfield and he examined the records at DER. He said from the start he felt this program was illegal and on the information he had documented, his theory has proven to be pos i t i ve and th i s City has willfully and deliberately misled DER. He said his discussion with the FBI was 2 Council Regular Meeting Minutes October 7, 1991 .... .""", CITIZEN COMMENTS (Continued) Ben Vazquez (Continued) that if this City has used fraudulent misrepresentation and he could prove it, they would act on it and at the present time based on the information sent to DER there's no way that those agencies would know anything's wrong here. He stated this is a scam and they placed this City in a position of taking people's property away from them. He said he found at DER that there's a contract out for Florida Shores and Florida Shores will be totally responsible for paying off this 21 million dollar debt and this doesn't become seizure because he believes it's unconstitutional and this City hasn't done this right. He said helll keep pursuing it and is sending all this information to the proper agencies and a lot of things need to be looked over, a lot of information people received is misleading, and the engineers misled them. He suggested the people of Florida Shores not pay this assessment until it goes further down the road because they're being taken over by this City. Giqi Benninqton, 121 Virginia Street, stated earlier this year Council reviewed the Charter and asked the City Attorney to draw up the draft and she asked the status and when they cou 1 d expect it. Mayor Wess 1 er rep 1 i ed Ms. Storey was scheduled to meet with Nikki Clayton last week but it was cancelled and rescheduled to this week so it should be scheduled soon. Councilperson Gillespie stated a special election on the Charter in March is budgeted. Mrs. Bennington stated she understood from the plan she'd seen for Meadow Lake that the canal in question belongs to Meadow Lake Subdivision Homeowners Associ- ation and not Mr. Barrett and if that's true, then why would the City issue a fill permit to allow him to fill it. She said she's heard rumor that the fill used by Perry Barrett to fill in that ditch came from Rotary Park and if that's true, that's public property and it's illegal to use that for personal gain. Councilperson Gillespie stated he purchased it. Mrs. Bennington asked how he could. Councilperson Gillespie replied Rotary sold it. Mayor Wessler explained the past Council contracted Rotary to take it and use it and she believes he purchased it. Perry Barrett stated he purchased the dirt and paid for it out of pocket and placed it on his property and the Meadow Lake Homeowners voted unanimously at a meeting to fill it in. Mrs. Bennington explained when she was on Council they originally worked with Rotary and she wasn't aware they could sell the dirt by any agreement and if it's true, then they should direct the City Attorney to look into it. Mayor Wessler noted Ms. Clayton did look into it. Mrs. Bennington asked Council to have Krista Storey look into it and give a report. Ed Delahanty, 707 Flagler Avenue, stated his water is very high and the train horns are so loud he cannot sleep at night. He asked if the horns can be rescinded. Mayor Wessler explained it's at Federal level now. Councilman Jones noted the State is looking into rescinding it. Councilperson Gillespie stated we keep our signs in case it's overturned. Mr. Beckman, 217 Meadow Lake Drive, stated the meeting Perry Barrett referred to was held in March and there were over 25 people there who own property in Meadow Lake and they were opposed to it and what Mr. Barrett said is incorrect. Sheryl Panico, Meadow Lake, stated her yard is half under water and she talked with Mr. Castle and got the impression the problem was caused by Mr. Barrett and she called Mr. Barrett and he sent her a letter stating the problem was caused because of the non-blockage of drain off of the playground behind Meadow Lake and he was saying it's the City's fault. She asked who created it and whose fault it is. Mayor Wessler replied they've been arguing that for about 6 months. City Attorney Krista Storey stated at this point the issue of the effect, if any, that Whistle Stop Park has on the drainage system is yet to be determined and at a meeting on Thursday between City staff, with Councilman Hays sitting in, and Mr. Barrett and his attorney, they did resolve and are working toward the resolution of some of the drainage issues. She said they all agreed that the park's issue is still to be determined and she doesn't think the City or Mr. Barrett have clean hands on this matter and they're very much intertwined. She noted Mr. Barrett has taken some steps in resolving it and the catch basins were a requirement of the City Engineer and Mr. Barrett did some work on the existing drainage ditch and will continue working on it. She added the City has agreed to look further into the issue of Whistle Stop Park and it's one of the priority items on her list of things to do. 3 Council Regular Meeting Minutes October 7, 1991 ..... ~ CITIZEN COMMENTS (Continued) Sheryl Pan;co (Continued) Ms. Panico stated in the past they could walk from her back yard to the park and now they have to wade and everything is dying. She asked if there's an estimate on the time or any deadlines. Ms. Storey replied as quickly as they can. Councilman Hays pointed out one issue is completion of engineers drawings for the drainage system that when permitted and completed will be given as a mainten- ance access for the City, but that takes time also and part of the problem is getting permits. He stated the biggest problem is the rain and until they saw the rains they didn't see a lot of these problems and the City's working very hard to correct it. Ms. Panico agreed they have seen a lot more rain but not enough to cause the type of problems they have. Councilman Hays stated there are severe problems in other parts of the City and there are just so many resources and some won't be able to be corrected until the water dries up. Ms. Panico stated there are pipes that let water flow across Roberts Road and Mr. Barrett heightened them above what his drawing said. Councilman Jones stated in the past they haven't had the rains and now that we have there are some areas in the community in dire need, part is Edgewater Acres with some homes having water in the house and they never had it before. He said there was an 8-year drought but Meadow Lake is a new subdivision and it was planned for this type incident and he questions why it's failing because they pay good money to be there. He said a new subdivision shouldn't have problems and they need an answer to get this issue over with. Al;ce Murphy, 230 N. Riverside Drive, stated she's the St. Johns County Tree Farmer of the Year. She spoke about speeding on Riverside Drive since it was paved and said the fines are $100+ and it's not as high for some people as for others. She said it's dangerous and every other car is speeding, especially at 8 a.m. and 5 p.m. and when school lets out. Ms. Murphy stated she got information in the mail and talked with Mr. Munoz who explained it but if they don't make the prepayment in November, 1991, they'd start paying April 1, 1992, and that's April Fools' Day. Charles Dard;nsk;, Meadow Lake Drive, stated the mosquito ditch or canal that runs parallel to Meadow Lake was approximately 6 feet deep and they had not had water problems before. He said on the South side at Surrey Ridge and the school the reason the water didn't run was the fill and Mr. Barrett obtained permits to put in these concrete weirs to solve the problem. He said he attended the meeting with the City Engineer and asked if anyone inspected it and found out they issued the permit but did not inspect. He said the high water table will not be eliminated unless the water flows below Roberts Road. He said they have cracks in the road in Meadow Lake and water seeps through the cracks and if a concrete truck would come down those streets, he doesn't know what will happen. He added he's glad they don't own the streets. CONSENT AGENDA There were no items on the consent agenda. NEW BUSINESS Voluntary annexat;on of 450 acres, V;ctor;a Lakes, located West s;de of U.S.1, 9/10 m;le South of Roberts Road w;th essent;al change to be sale of mob;le home sUes rather than lot rentals - Attorney Marv Hansen, 1620 S. Clyde Morris Boulevard, explained her client wants to bring 450 acres into the City. She explained to the students the property boundaries and the annexation process. She stated she's representing Harvin Clark, the applicant for the project, and Winston Tomlinson, the contract purchaser of the property. She explained the project that was presented before hasn't changed a lot and they're proposing about 650 units on about 450 acres of mixed uses with a strip of land along or behind u.s. 1 they hope to acquire. She noted the project was carefully reviewed by the City and County a number of times and they recently redid the proposal. She said they listened every time and major concerns are addressed and they're proposing a subdivision that's explicit in the development agreement that each of the mobile homes would be prohibited by deed restrictions that the City could enforce as a third party if they want to and the mobile homes will be classified as real property. She added they'll insure they are taxed for real property and with the sale of the lot the question of real property is addressed. She explained they took that proposal to LDRA with new financial figures and spent considerable time with LDRA and had a 5-2 vote in favor of the annexation. 4 Council Regular Meeting Minutes October 7, 1991 ...... ...., NEW BUSINESS (Continued) Voluntary annexation of 450 acres, Victoria Lakes (Continued) Ms. Hansen said of the two members who didn't vote for it, one was the newest, and the other had concerns about financial figures, and even in the worst case scenario they still had a net gain but not as much as in the handout. She reviewed their meeting before the County Council and the excitement of Big John and Phil Giorno for the new package and the possibility of linking it with other tourist attractions. She added the County Council wrote a letter expressing their willingness to assist in staff reviews as they come into development of this annexation. She said she heard the same type comments in Ormond Beach last week as she has here tonight (re: drainage) and she doesn't want it to happen with this project. She stated they hired a wetlands environmentalist and he's signed off on it and they have some scrub jay habitats and are working on a habitat plan. She pointed out LDRA recommended approval subject to the development agreement being reviewed by Krista Storey and she believes thatls been done all the changes requested have been made. Ms. Storey indicated agreement. Ms. Hansen stated at build out in 5-7 years the total income should be $466,497.51 and using the Acting City Manager1s figures he came up with of about $318.64 per capita, that's $451,518, and this doesn1t include any revenue for the reuse lines. She said she understands the golf course will have to pay for reuse water to irrigate the golf course. She noted the State Revolving Fund loan for the wastewater treatment plant is an issue and she had a conference with Don Berryhill, the coordinator with DER, and as far as hels concerned, the loan is ready to go and there's just one title issue and if it's not already resolved, it should be shortly. She pointed out if this is approved tonight, there will be another shot at it because it will require a Comp Plan amendment and to go to Growth Management Commission and then come back for final adoption. She said if the SRF loan is not approved at that point, sheld understand if they deny it at that time. Ms. Hansen stated they understand they'll stand in line for capacity for both water and sewer behind Florida Shores and it's at least a 24-25 month period before the golf course is complete and the first 100 units are involved so it's about 2-1/2 years before there's a demand on the system and they know Florida Shores comes first. Ms. Hansen stated they made some revisions to the development agreement and that's been reviewed by the Planning and Zoning Director and City Attorney and primarily they acknowledged this would be a real property subdivision and mobile home tags would not be available by way of deed restrictions preventing that from happening. She noted it's essentially the development agreement that was reviewed before and it's tightened up and due to an omission they forgot to say bike paths in paragraph 7 so that was added. She stated staff recommendations remain unchanged and it's to approve the planning agency's recommendation and she and Mr. Clark are available to answer any questions. She noted some people here oppose this project but there are others in the community that support it. She requested they direct staff to prepare an annexation ordinance and Comp Plan ordinance and zoning ordinance in accordance with the application. She noted this is a new application and a new fee for a new project. Mayor Wessler requested public input on the golf course. She noted Mr. Ewing has requested to speak and LDRA is for this but Mr. Ewing voted against it. Georae Ewina stated if the golf course people have a rebuttal after he speaks, he'd like an opportunity to rebut anything they disagree with. Mayor Wessler said those people had their say and helll have his. Mr. Ewing called attention to page 2 of the annexation agreement and asked who will pay the costs of this section regarding Growth Management and DCA, the City or landowners. He asked what if costs of improvements exceed the amount of impact fees. He reviewed excerpts of various pages, express ing concern about reference to a separate development agreement he's never seen. He stated when the golf course people first brought this subject up they said they'd allow memberships only to residents of Edgewater and the last LDRA agreement was it would be open to anyone. He said people that have these manufactured homes are not a part of this golf course, that will be a separate entity entirely, and the golf course will be a separate business with no connection to manufactured homes. He said Victoria Lakes first said the City would lose $20,000 and now it's that the City will gain $86,741 and weill lose quite a lot of money on it. 5 Council Regular Meeting Minutes October 7, 1991 ...... ..""" NEW BUSINESS (Continued) Voluntary annexation of 450 acres, Victoria Lakes (Continued) Georqe Ewinq (Continued) Mr. Ewing questioned if the impact fees will cover costs and when the manu- factured units will be started as it could be 5-8 years and the golf course will be right away. He asked why there's a big hurry on this. He questioned the statements of police and fire protection not needed during construction because he thinks they will be needed. He stated this is a minority report of the LDRA and Council could approve annexation and be confronted with flooding or unforeseen environmental problems. He added it says they bargained away on ad valorem taxes but he doesn't agree with that. He stated they can have growth without annexation and Ms. Hansen said managed growth pays for itself but he doesn't think it pays for itself at all and a lot of the figures are hypothetical. He pointed out the County Council says this is good for Edgewater and Big John said he thought it was a terrific idea, but if that's the case, let the County put it in. He said he doesn't know of anything the County1s done for Edgewater in the 3-1/2 years he's been here. Mr. Ewing stated this is a unilateral contract and he doubts if some of the people in Edgewater would agree to this. He said there's a bonding problem and there was a question of a one year bond but he thinks it should be a lot longer than that because there was a problem with Shangri-La and the developer got away with it and the taxpayers will get stuck again. He stated they have astronomical flooding problems to resolve and at the LDRA meeting it was said this is 25% swamp, but how do they know it's not 50% swamp. He asked Council to postpone this annexation until they have completed the water and sewer project in Edgewater as he hasn't seen a pipe in the ground on that. He refuted the figures given by the golf course representatives as they used a figure of $356 and Mr. Munoz adjusted the figure to $318. He compared the figures and said there's a shortfall of about $200,000 and they say the City's going to gain but he doesn't believe it. He again asked Council not to approve this annexation until they get the problems straightened out. Doris Hill, Lincoln Road, stated she's 66 years old and would like to play golf, so let's get on with it. Pete Hellsten, Chairman of Land Development and Regulatory Agency, stated Mr. Ewing has presented a good argument but he only heard about one-third of the words and testimony and seen documents of the LDRA in previous actions. He said they have to rely on technical expertise of the Planning Director and City Engineer and have faith in the capabilities of the people who will approve the subsequent agreement on the annexation. He noted it's not a final agreement, it's just a step, and if the facts have been reviewed by people who are knowledgeable and gone over in great detail, including by LDRA members and Mr. Munoz, they should take those things as being the best information they have to deal with at that time, and if they don't, they're making a mistake by listening to people with figures that have not been validated by the experts. Councilman Jones stated he has no problems but would like to hear Ms. Hansen1s comments on some of the rebuttals to clear up some areas. Ms. Hansen stated all costs of all reviews and applications will be borne by the land owner and the City will not pay anything but they want the City to say let's move it along. She explained the concerns abut the development agreement were gone over before and there are several reasons they cannot spell it out because they're in the conceptual stage and are trying to lay it out as broadly as they can and as protectively as they can for those things that are unknown at this time or for those that will be engineered in the future. She said they cannot get a development order unless they get the development agreement and that's the protection for the City. She said regarding bonding the agreement says they'll comply with regulations in effect and if this doesn't happen for 4 years, those are the regulations that will be in effect at that time and will be followed. She said Mr. Ewing presented figures and Mr. Hellsten's comments will stand for them and for Council it's a matter of credibility of the figures and theirs have undergone scrutiny by Council and staff and herself. Georqe Ewinq stated he keeps hearing the City verified the figures and held like the City to check and dispute his figures as nobody has disputed them yet. He said he'd like something in writing that they'll pick up all these costs before they have annexation and they should have something in writing regarding a bond 6 Council Regular Meeting Minutes October 7, 1991 ~ ......" NEW BUSINESS (Continued) Voluntary annexation of 450 acres, Victoria lakes (Continued) George Ewing (Continued) also. He said if Council agrees to go through with this annexation tonight, they're stuck with 400 acres and if something happens later on, what do they do with 400 acres. He said there should be something concrete in writing before they get into this and Council will be responsible for this and they should keep that in mind. He asked Council to check everything out and don't jump into it because they want to make a lot of money on it. Councilman Jones moved to accept the proposal. Councilperson Gillespie seconded the motion. Councilman Hays pointed out this is the first step of an annexation process and they need to keep that in mind and the development agreement will develop. Motion CARRIED 4-1. Councilperson Martin voted NO. Mayor Wessler stated Council talked this over with the students today and she asked what their vote would be. All the students indicated they would have voted yes. Councilperson Gillespie explained the students had copies of the agreement and studied it. Ms. Hansen said shelll do a follow up for the class. Mayor Wessler presented a certificate of recognition to Harvin Clark for Dustin's for serving them for Government Week and presented a Key to the City to Edgewater Public School Principal Carol Kelley and asked Mrs. Kelley to take one to the Indian River School Principal who was unable to be present. Mrs. Kelley thanked the Council and said it was exciting for them and they appreciate the opportunity. Mayor Wessler presented certificates to each of the students. Mayor Wessler recessed the meeting at 8:23 p.m. so the students could leave the meeting. She called the meeting back to order at 8:45 p.m. Perry R. Barrett re: denial of building permit applications for Meadow lake by City Engineer and Planning & Zoning Director - Mayor Wessler announced this was withdrawn from the agenda by Mr. Barrett. Change Order #1 to contract with Wharton-Smith, Inc. for Alan R. Thomas Water Treatment Plant and Wellfield - Utilities Director Terry A. Wadsworth explained the original budget for the water plant was $5.7 million and it came in at $6.0 so to allow for contingencies they looked at some of the items that were deemed to be non-essential to provide some cushion for anything that might come up later in the program. He said a lot of these changes are cosmetic and Mrs. Gillespie had asked who would be responsible for structural changes and if it were caused by design, Dyer, Riddle would be responsible, and if it1s built wrong, the contractor would be responsible. He added the major items are eliminating the back wash recovery basin sludge system and they can do it by hand a couple of times a year instead of mechanically. Councilman Hays asked how he could do without it. Mr. Wadsworth replied the mechanism is a sludge rake and it's an arm on a motor to keep the sludge moving and without it they'll have to pump it out and agitate it with a fire hose instead of keeping it in a constant pace so it's more time consuming. He noted Dyer, Riddle originally asked them to look at about $250,000 of changes and they looked at some that were not acceptable from an operations standpoint and one was a roof over an outside tank and it means they'll have more corrosion control with maintenance. Counc i lman Hays moved to approve change order number 1. Counc i lman Jones seconded the motion. Motion CARRIED 5-0. Praise Tabernacle1s request for yard sale/bizarre Oct. 18-19, 1991, at 616 N. Ridaewood Ave. - Counci lperson Gi llespie moved to permit. Counci lman Jones seconded for discussion. Martin Paris of Praise Tabernacle stated he understands there's a fee and held like Council to consider waiving it for them because they're trying to do it as a fund raiser to renovate the building. Councilperson Gillespie moved to amend the motion to waive the fee. Councilman Jones asked if there's a legal problem with it. Ms. Storey cautioned Council they have to be careful when waiving fees because they need to establish a consistent policy of when to waive fees under what circumstances because the fee system is paying costs of processing the applications. She pointed out the cost of processing applications is the same with non-profit as for profit and other organizations could come forward and say it's for fund raising. She suggested Council evaluate it from a financial impact status because they need to treat everyone in similar circumstances the same way. 7 Council Regular Meeting Minutes October 7, 1991 '-" ... NEW BUSINESS (Continued) Praise Tabernacle1s request for yard sale/bizarre Oct. 18-19. 1991. at 616 N. Ridaewood Ave. (Continued) Councilperson Gillespie stated she based it on they waived the fee when they were going to have the health study at the medical clinic and the fee only comes up in this zoning and most non-profit groups have it where it's not zoned the way this is. Councilman Jones explained the other one didn't happen but they'd looked at waiving the fee because they were giving free health checks to the citizens and it would benefit the community. He noted they have to be cautious because they may be getting requests from others also. Councilperson Gillespie suggested they could reduce the fee but it would be the same deal. Ms. Storey explained she's speaking very generically and they could have fee waiver for any item, she's not picking on this one. Council person Gillespie withdrew her amendment to the motion. Mr. Paris stated Councilman Jones brought up a point and their group is going to have a booth and will give blood pressure screenings that will be free as part of this bazaar. He added $300 for a small beginning church is a lot of money but they want to do what's necessary. Mayor Wessler asked how many churches are along U.S. 1. Councilperson Gillespie replied about 5. Planning & Zoning Director Mark Karet explained this is because of commercial designation of the property and they're not allowed to have garage sales and this was set up for people in commercial districts. Mayor Wessler asked if Council can reduce or waive the fee for churches. Ms. Storey replied the point was not to tell them not to do it but the decision has to be rationally based so they can justify and distinguish why they're waiving the fee in this situation when someone else comes in another situation. She added just the fact that it's a church versus a private enterprise, they have to be careful. Councilperson Martin stated they need to decide whether it's a church or charity and decide which they'll charge. Ms. Storey said they're talking about the budget and how this would impact it and the review process would be the basis for the fee and if it requires the same effort on the part of the staff then they need to move forward and determine why they're willing to waive or reduce it. Councilperson Gillespie explained normally all other churches wouldn't run into this because they're not in this zone. Ms. Storey said it would be a unique situation and based on the characterization of the organization, perhaps with that association it would be appropriate to waive or reduce it. Councilman Hays asked if any not for profit organization in that zone would have the fee waived. Ms. Storey replied they need to be prepared if a similar organization that's not for profit that they would be willing to do it for them. Councilman Hays stated if it's being held to raise money for building improvements strictly for that organization, the fact that they have blood pressure screenings as part of it is an attraction to the bazaar itself and the medical screening mentioned before solely addressed that and it was an overall service to the community. Mr. Munoz pointed out if the effort is very successful, it may impact Police manpower in that area. Mrs. Wadsworth stated tent sales have been addressed in B-5 where they were done for a profit with a $150 fee because they were using B-5 zoning as a commercial status to collect and promote car sales. Council person Martin stated anyone that puts out administrative abilities to help with paper work is being paid through taxpayers dollars and by eliminating that fee you have the taxpayers paying and being taken advantage of. Councilman Jones asked the normal fee if it were not in commercial zoning. Councilperson Gillespie replied $2.00. Councilman Jones asked if he has another location that's not zoned commercial. Mr. Paris replied they're in Pelican Plaza now and the church is scattered between 4 buildings and this is a result of recent rezoning to allow a church and they plan to move into this area. He reviewed the buildings in the same location and said they don't plan to use the other portions for parking, and he doesn't think it will be so well publicized to need Police for traffic. He said he appreciates the Attorney's words and their considerations but he doesn't think many apply to them personally in this situation but he can appreciate from a legal standpoint if they have to rule against him. Councilperson Martin asked if it will be only in the parking lot. Council person Gi llespie stated the church is going in there. There was discussion about the exact location of the church. Mr. Paris explained they have about 150 people paying for this renovation and they have to have fund raisers. 8 Council Regular Meeting Minutes October 7, 1991 ,..., .",., NEW BUSINESS (Continued) Praise Tabernacle1s request for yard sale/bizarre Oct. 18-19. 1991. at 616 N. Ridgewood Ave. (Continued) Councilman Jones stated he feels they're in a catch 22 situation and a church going in is an unusual situation and he welcomes it at that end of the City. He asked if it will still be zoned commercial. Mr. Karet replied it's zoned B- 5 and will remain so with the church. Councilman Jones asked how many B-5 zones there are. Mr. Karet replied two, and after a change there will be just one. Councilman Hays asked if they can have a separate fee structure for profit versus non-profit. Ms. Storey replied the ordinance only provides for the one fee and they've talked about uniqueness of the property and the situation and those are legitimate type grounds for waiver of the fee and they don't have other churches in similar circumstances, it's strictly for fund raising for the church, and they expressed concern for that structure. Councilman Hays stated the intent of the ordinance was to stop daily for profit sales and perhaps they need to address if there should be a not for profit fee structure for someone like VFW. Councilman Jones said New Smyrna Beach Firefighters have fund raisers for MDA and use commercial buildings and always get a waiver. Mayor Wessler asked Mr. Munoz to look at the amount of money. Mr. Munoz replied it wasn't much, if any. Mr. Karet noted they.ve only processed two requests and one was for profit. Councilman Jones moved under the circumstances with the uniqueness they grant the waiver. Councilperson Gillespie said she'll amend her motion and go back to waiving the fee. Councilman Jones seconded the amendment. Councilperson Gillespie stated it1s a one shot deal. Motion CARRIED 5-0. Councilperson Martin stated she voted yes but she thinks they're opening a can of worms. Councilperson Gillespie asked Ms. Storey to address not for profit as suggested. FORMATION OF GROSS TAXABLE VALUE REVIEW COMMITTEE Council person Gillespie moved to accept the Acting City Manager's recommendation. Councilman Jones seconded the motion. Mayor Wessler asked if Council Advisory has time for this. Councilperson Gillespie replied she's talked with Stan Carlson and other members said they want a lot to do. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: Ord. 91-0-11 Annexing 4.98 acres on West side of U.S. 1. Bella Vista Baptist Church property - Councilperson Gillespie moved to accept 91-0-11. Councilman Jones seconded the mot i on. Mot i on CARR I ED 5-0. Mayor Wes s 1 er read the Ordinance. ORD. 91-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA BY AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY AND THE DEPARTMENT OF STATE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Ord. 91-0-12 Annexing 5.41 acres on West side of U.S. 1. South of Silver Ridge nd North of Carter1s Motel - Councilperson Gillespie moved to accept 91-0-12. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the ordinance. ORD. 91-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 2, TOWNSHIP 18 SOUTH. RANGE 34 EAST, PURSUANT TO SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA BY AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY AND THE DEPARTMENT OF STATE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTI VE DATE. Res. 91-R-58 Appointing five members to Beautification Committee due to expiration of terms - Mayor Wessler reappointed Felicia Ver Way. Councilman Jones reappointed Betty Rossman. Councilperson Martin appointed Linda Sullivan. Councilperson Gi llespie reappointed Tina Palermo. Councilman Hays appointed Michael Bressett. Councilperson Gillespie suggested they could advertise for Tree City USA and make it a joint ad. 9 Council Regular Meeting Minutes October 7, 1991 .." ....., Mayor Wessler stated there1s a jar on the counter in City Hall for the Mayor's Mile and she requested contributions to beat New Smyrna Beach. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) FIRST READING: Res. 91-R-58 Appointinq five members to Beautification Committee due to expiration of terms (Continued) Mayor Wessler read the Resolution. RES. 91-R- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA. APPOINTING FIVE MEMBERS TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER. FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counci lperson Gi llespie moved to accept. Counci lman Jones seconded the motion. Motion CARRIED 5-0. Mayor Wessler suggested they get the terms staggered for the next time. Res. 91-R-59 Declarinq October 8. 1991. as Heritaqe Day - Councilman Hays moved to adopt Resolution 91-R-59. Councilman Jones seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the Resolution. RES. 91-R-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING OCTOBER 8, 1991, AS HERITAGE DAY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Wessler asked if this needed a resolution or if it could have been a proclamation. Ms. Storey explained she's reviewing some of these things she's not familiar with and will make suggestions to streamline. SECOND READING: (PUBLIC HEARING) There were no ordinances scheduled for second reading. UNFINISHED BUSINESS Public Works Director1s recommendation to award bids to sell steel drum roller for $23.000 and oi 1 distributor for $33.001 to Rinqhaver Equipment Co. as hiqhest bidder - Mayor Wessler asked if all Councilmembers got a telephone call. Councilman Hays moved to rebid this. Council person Gillespie seconded the motion. Councilman Hays stated he received a telephone call this week and the bottom line is they had a published deadline for accepting and opening bids and a person came in after that deadline and that person then was awarded the bid because of a statement from Emery Worldwide that said they were responsible for the delay. He said that's fine that they wrote the letter but if they established a deadline, that1s a deadline, and he thinks they'll be getting on thin ice when they accept excuses. He added the gentleman that was the best bid prior to this other one said he could set up the same scenario if he felt it would serve him. He stated this would be to the City's benefit because it1s more money but held like to stick with the deadlines. Mrs. Wadsworth said it was the 18th. Councilperson Martin questioned the date and time stamped on the one letter because it looked like it would have been late. Mr. Munoz explained that was the fax date and time. Ms. Storey explained part of the reason staff is presenting this to Council as an option is based on her input and she clarified until the Council awards the bid, it's just a tabulation at that point and not an award. She said there1s some legal frame work and there's discretion of the elected body based on the factual circumstances and in her opinion the information presented by Emery in conjunction with Ringhaver would raise a question and the fact that the bid that was received later was not through the fault of Ringhaver. She added there were extenuating circumstances and that can be a judgement call on behalf of Council and either way is appropriate and the bid is not awarded until they make a decision. She noted if they want to enforce a strict deadline with no circumstances, they need to direct staff accordingly, and they need to look more closely at the bid process and establish firm deadlines and that's on her list of things to review. She said she doesn't feel it's necessary to go to rebid unless they want to and they can take staff input and go forward with the bid as recommended. Mrs. Wadsworth noted the bid open i ng was the 18th. Mayor Wessler asked when it came in from Ringhaver. Ms. Storey replied an overnight express was sent the 16th and if that had proceeded as it normally would, it would have been receipted on the 17th, and the point Emery made was usually they would have notified the company if they could not have delivered but they didn1t and Ringhaver didn1t know until the bid opening date when they contacted the City Clerk about the bids and she told them their bid wasn't received. Councilperson Gillespie pointed out they normally have telephone calls from bidders the day of the bid openings to be sure the bid's received and she would assume any company would have checked it. 10 Council Regular Meeting Minutes October 7, 1991 . . . '-' ..., UNFINISHED BUSINESS (Continued) Public Works Director's recommendation to award bids to sell steel drum roller .f2.L$23.000 and oil distributor for $33.001 to Ringhaver Equipment Co. as highest bidder (Continued) Councilman Hays noted he1s purchased a lot of hospital equipment over the years and cannot recall a time when someone that was interested didn't call to see if it's there, and this isn1t our responsibility. Ms. Storey said the legal issue is it's legally supported to recognize bids that come in after the deadline based on certain circumstances and those circumstances are under the judgement of the Council and she felt it was sufficient grounds to raise the issue and itls Council's decision to make. She pointed out she'll legally support them. Mayor Wessler noted there are 3 or 4 other companies if they1re not going to take Ringhaver and it's not fair to throw those out and go back out to bid. Councilperson Gillespie pointed out they rebid the garbage truck earlier this year and she thought they made it clear to staff they wanted this tightened up. Mr. Munoz stated he feels it was a good, tight bid and staff did not cause the bid from Ringhaver to come in late and generally they don't even open a bid that's 1 ate. Ms. Storey exp 1 a i ned how it was returned and never opened the first time and if the envelope had been opened she would never have brought it to Council and there's no way the bid was increased after they knew the other bids. Councilman Hays noted if they get in the habit of opening late, they'll get more. Ms. Storey apologized for bringing this to Council. Mike Reynolds, representing Ringhaver, said he's worked here 10 years and has done a lot of business with cities and counties and normally they make sure their bids are in on time. He said this is to the advantage of the City and it would be unfair to go back out to bid, but it's up to Council and they may not get the money they think they will the next time. Councilman Hays suggested they may want to discuss whether it's better to go out again or go with the original choice. Councilperson Gillespie noted the original recommendation of staff was in on the legal limit. Ms. Storey agreed it would be cleaner. Councilperson Martin stated she appreciates the fact that some companies drove hundreds of miles to personally deliver their bids, it's to their advantage. Councilperson Gillespie withdrew her second to the motion and Councilman Hays withdrew his motion to rebid. Councilperson Gillespie moved to go with staff's first recommendation within the legal bidding limits. Ms. Storey noted it's defensible legally. Councilman Hays seconded the motion, stating they have to keep a real hard line on the bidding and he's sorry this happened because the City would like the little more money. Motion CARRIED 4-1. Mayor Wessler voted NO. Annua 1 evaluation of City Clerk (Deferred 9/16/91) - Mayor Wess ler stated they've evaluated Mrs. Wadsworth and they only need a motion for a decrease or increase. Councilperson Gillespie moved to give the City Clerk a 3%. Councilman Jones seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted NO. Mrs. Wadsworth asked if this goes back to October 1st. Council consensus was that it would. Department Head responses to Griffith & Associates Comprehensive Operations Review - Councilperson Martin moved to TABLE and move this over to the new City Manager and let him work on it. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Acting City Manager's request to negotiate with Wakely and Associates. Inc. to perform actuarial evaluation of incurred but not reported liabilities for year ending 9/30/91 (Tabled 9/16/91) - Councilperson Gillespie moved to accept the Acting City Manager's recommendation. Councilman Hays seconded the motion. Councilperson Martin asked if they have a breakdown of what they'll get. Councilperson Gillespie replied it's what they got before. Mr. Munoz explained itls the incurred but not reported liability that the auditors dinged us about before and it usually pertains to the self-insurance fund. Councilperson Martin asked if itls not to exceed $1,000. Mr. Munoz replied it's not to exceed $2,000 in the event they have to make an on site visit. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS City Attorney - Ms. Storey had no report at this time. 11 Council Regular Meeting Minutes October 7, 1991 '-' "WI .. . COUNCIL/OFFICERS REPORTS (Continued) Actina City Manaaer - Mr. Munoz asked about his annual evaluation that's due and if it could be a merit increase similar to the City Clerk's. Mayor Wessler replied she didn't finish his evaluation. Mr. Munoz stated they have a memo regarding the CIP inspection team with a CIP construction manager, secretary, water treatment plant inspector that's already narrowed down to the person they want to negotiate with, wastewater treatment plant inspector, and Florida Shores inspectors and held like guidance to at least add the water treatment plant inspector. Mayor Wessler asked if it's $60-70,000 a year. Mr. Munoz replied yes, $25 to $30 an hour for about 15 months, and it would not be a City employee. Ms. Storey noted they'll enter into a contract. Councilman Hays stated none will be permanent employees so why aren't the water and wastewater treatment inspectors the same person. Mr. Munoz replied these projects will be running concurrently so the same person cannot do both projects. Mayor Wessler asked if it would be more expensive to go through the engineer as this is more than she thought it would be. Councilperson Gillespie stated she's talked with Mr. Castle and he advised her this money is already included in the crp budget. She added he also suggested they may want to use Kelly Services for secretarial services because it's not needed every day and he also brought up they could rent a cheap small office in that area and install a phone there and publish the complaint number. Mr. Munoz noted the construction people are supposed to provide a trailer. City Engineer Gates Castle explained it's for all except the CIP construction manager and secretary. Mayor Wessler asked when these other people are to be hired. Mr. Castle replied there's am immediate need for the water treatment plant inspector and they'd like approval for the top person selected by the committee and the next would probably be the construction manager but he wants to advertise to see what response they get from people who can perform the function. He said Councilperson Gillespie was concerned about the new City Manager coming on board and they can delay any further hiring beyond the water treatment plant inspector until the City Manager is on board and is comfortable with the proposed set up. Mayor Wessler requested a motion to allow Mr. Castle to go out and hire this water treatment inspector, Mr. Murray. Councilperson Martin so moved. Councilperson Gillespie seconded the motion. Councilman Hays asked if the motion is only hiring the water treatment plant inspector at this time. Mayor Wessler replied yes, and they can amend the motion to advertise for the construction manager if they wish. Councilperson Martin amended her mot i on and Counc i 1 person Gill esp i e amended the second. Mot i on CARRIED 5-0. Mr. Munoz stated Council had asked to delay all hiring and Mr. Castle was not present at that meeting and didn't have the opportunity to raise the issue that if he doesn't get an engineering technician on board there are several projects that will be delayed. He added that Mr. Castle would like to advertise and fill that position prior to the January 1 deadline. Mayor Wessler asked how long it will take to advertise. City Engineer Gates Castle replied about 2 weeks and held like it to be about the first of November. Councilperson Gillespie stated she'd like to see Thomas Street and some of these other projects proceed and she moved to allow Gates Castle, our City Engineer, to proceed with his advertisement and hiring. Councilperson Martin asked if they'll need a separate ordinance for that section. Councilperson Gillespie replied yes. Mr. Munoz clarified that person wi 11 be a City emp 1 oyee. Counc il person Mart i n seconded the mot i on. Councilman Hays asked why they have to do this now. Mr. Castle repl ied the engineering technician will be doing drafting and without that person on board he won't have drafting capability for the River Walk survey and Thomas Street and others. He added he can do it at his rate of pay as opposed to payi ng someone at a lesser rate of pay. Motion CARRIED 5-0. Mr. Munoz recommended when they get all 5 of his evaluations that they take the top 3 and average those to maintain their 3 to 2 vote input. City Council Councilman Jones stated he was shocked with Mr. Ewing's comments when he serves on our LDRA. He said these members meet and collectively make decisions and he feels if George Ewing is talking for himself, he has that right, but as a board member, once the board makes a decision and there's a majority, he should be behind those people, and if you can't say anything good, you shouldn't say anything at all. He noted the board said they felt it was a good issue with a 5 to 2 vote, and he doesn't think this is fair to the board and doesnlt know if 12 Council Regular Meeting Minutes October 7, 1991 "-' --' COUNCIL/OFFICERS REPORTS (Continued C;tv Counc;l (Continued) Mr. Ewing understands that decisions that are made should stay there and he shouldn't come back to Council and try to undermine what the board's doing. He asked if Mr. Ewing came as a citizen or a member. Mayor Wessler pointed out he said he was representing the two minority. Councilman Jones stated that's not fair and he has a problem with that and it's the same way at Council, when he leaves here tonight he's for the majority vote. Council person Gillespie agreed unless you speak as a citizen and not as a Councilmember. Councilman Jones said when he mentioned he was a member, he has a problem with that. Mayor Wessler agreed with Councilman Jones. Councilman Hays agreed with what Councilman Jones said, noting they have a lot of good people that applied for and serve on these boards and put in a lot of time and work, but itls a service they're supplying to the community, and if they step past that boundary of serv i ng the commun i ty, they Ire serv i ng themse 1 ves. He sa i d all board members and committees need to be cautioned that there's a line there and they have an obligation to the community and Council once they accept that appointment and perhaps they need some education on this. Mayor Wessler suggested they leave it up to the City Attorney. Ms. Storey stated she held a work session in conjunction with the Code Enforcement Board and Mark Karet last week and she plans to do that with all the board and committees, at least the established ones, and especially LDRA, because they have real impact on the City and Council. Mayor Wessler said members have been on LDRA for years and now to have a new member come on and lose on a vote and come before Council to plead the minority vote isn't right. Ms. Storey said it may be a level of under- standing and education. Counci lperson Gi llespie stated she discussed this with our City Attorney and Mrs. Ver Way from our Beautification Committee wants permission from the Council when we get Tree City, which her husband has applied for, that she be ex officio or the representative from the Beautification Committee to the Tree City Committee and Ms. Storey said that would be no problem and it's a different category. Mayor Wessler suggested when they set up that committee why don't they bring it back to decide at that time. Councilperson Gillespie thanked everyone who helped with Arbor Day. Mayor Wessler stated she'd asked Mr. Munoz about the October 1 deadline for paying special assessments and a lot of people have money in certain accounts and cannot get it out and held said this would be a policy decision. She asked what the impact would be if they move it from October 1 to January 1. Mr. Munoz said he talked with Mr. Ferland who said they can change the deadline but he cautioned not to extend it beyond the date they start drawing money from the SRF loan. He said some people say their phase doesn't start until a year from now and they'd like to prepay at that time but that would have a bigger impact if you allow people in those other phases to prepay at a later time. Mayor Wessler said she agrees with the people in phase 4 that why should they pay theirs 2- 1/2 years ahead of when they'll be connected to sewer when others only pay it 6 months ahead. Mr. Munoz said construction money is going to start to be drawn and they could spend a lot more on phase 1 and then get a better contract on phase 4 and there won I t be a breakout of those costs so every phase pays a different assessment. Mayor Wessler said they should all pay the same assessment and averaged together but why should someone pay 2-1/2 years early. Mr. Munoz replied they're all borrowing money together and they1re not borrowing phase 1 and then later borrowing phase 5, and if you start that line of thinking, it's why doesn't phase 1 pay for its specific costs, phase 2 different, etc. Mayor Wessler asked how many prepayments have been received. Mrs. Wadsworth replied about 25. Councilperson Gillespie noted they extended it to November 1. Mr. Munoz noted they could extend it beyond. Councilperson Gillespie stated the problem is the minute they draw against it, they pay interest, and once we do, every taxpayer is paying that interest. Mayor Wessler asked if there's a certain time of year people can get their C.D.'s out. Mr. Munoz explained the maturity dates. Mayor Wessler asked if anyone has a problem with moving the date to January 1. Councilperson Gillespie replied as long as Mr. Munoz doesn't draw against the SRF until January 1st so they don't activate the interest. Mayor Wessler said they can't do that because if they start construction, they have to spend money. Mr. Munoz stated they should be signing the SRF loan in the next 2 weeks and contractors will start getting draws shortly after. Councilperson Gillespie asked if they're paying anyone yet or if it's at completion. Mr. Munoz said contractors will start draws. Councilperson Gillespie stated Don Berryhill told her when they draw, the interest kicks in, so they can only give discounted interest until they draw because it's not fair to the whole City to pay interest 13 Council Regular Meeting Minutes October 7, 1991 \'" ~ .. COUNCIL/OFFICERS REPORTS (Continued City Council (Continued) and then give it free to someone else. Mr. Munoz said he had heard from DER that Mr. Vazquez and his wife had been there and mentioned the FBI. Councilman Jones said held like to extend it. Councilperson Gillespie asked if they can get to December 1st without a draw. Mr. Munoz replied yes. Counci lperson Gi llespie moved to move it to December 1st. Counci lman Hays seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, congratulated Council for reversing their own decision on the golf course. Councilperson Gillespie explained they just cleared up the problems. Councilman Hays noted they got a better deal for the City. Mr. Fazzone commended Council for doing what's right. He said Bethune Beach is going through the same process with septic tanks and the Countyls told them it had to be done and will cost about $4,700 so Edgewaterls doing it for a lot less money and it's a feather in the cap for the City. Bill Vola, Fire & Rescue Chief, stated this is National Fire Prevention Week and on Sunday afternoon they will have an Open House and demonstrations at Fire Station 1 from about noon to 4:00 and Mayor Wessler and Councilman Hays have volunteered to take blood pressures. ADJOURN Councilman Jones moved to adjourn. Councilman Hays seconded the motion. Meeting was adjourned at 10:00 p.m. Minutes submitted by: Lura Sue Koser .~~ E ONE ~ ~ ~ r ATTEST: ~i~. CITY CLERIt ApRroveJi th i s.z; day of O~ , 199~. ~~ MAYOR 14 Council Regular Meeting Minutes October 7, 1991