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07-01-1991 - Regular 1. ..' /,~"'rt." CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 1, 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 Counc ilman Ki rk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Lt. William Britain sitting in Present Present Present Present Present Present Present Excused Excused Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Frank Capagnone, Retired Roman Catholic Priest, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reaular Meeting of May 20. 1991 Councilman Jones moved to approve the minutes of May 20, 1991. Councilperson Martin seconded. Motion CARRIED 4-1. Councilperson Gillespie stated she was excused for that meeting. SDecial Meetina/Workshop of June 1, 1991 Councilperson Gillespie moved to accept the Meet i ng fWor lo:shop of June 1, 1991 . Counc i I man Hays O. minutes of the Special seconded. Motion CARRIED 5- Reaular Meetina of June 3. 1991 Councilperson Gillespie moved to accept the minutes of the Regular meeting of June 3, 1991. Councilman Hays seconded. Motion CARRIED 5-0. SDecial Meeting of June 5, 1991 Councilman Jones moved to accept the minutes of the Special Meeting of June 5, 1991. Motion died for lack of second. Councilman Jones moved for a discussion concerning the minutes of June 5, 1991. Councilman Hays seconded. Councilman Hays stated he had a discussion l.~ith Ms. J(oser asking the minutes be in detail. He does not feel that they are and does not feel that he can approve the minutes the way they are typed. Counci Iperson Gi 11espie concurred.. Mayor Wessler questioned if any certain portion was not in detail enough that they might direct Ms. Koser to elaborate when she gets back from vacation. Councilperson Gillespie stated she had requested under the Resolution that states a verbatim copy of the tapes be transcribed. Mayor Wessler questioned if anybody wanted to table the approval of the minutes. Mayor Wessler stated they would go for a roll callan this, you brought it up for discussion and then perhaps you can table it until Ms. Koser comes back from vacation. Motion CARRIED 3-2. Councilperson Gillespie and Councilman Hays voted NO. Mayor Wessler stated they didn't need a motion to table since the minutes had been approved. Councilperson Martin stated she had misunderstood the motion. She thought the motion was to table the minutes. Mayor Wessler stated the motion that was on the floor was to approve the minutes. Councilperson Martin stated she did not approve the minutes. Mayor Wessler questioned the Interim City Attorney how they go about backtracl(ing on that motion. Ms. Clayton stated to start over. Councilman Jones restated the motion to approve the minutes. Councilman Hays seconded. Motion DID NOT CARRY 2-3. Councilperson Martin, Councilperson Gillespie, and Councilman Hays voted NO. Councilman Jones moved to have Ms. Koser do verbatim minutes the next meeting for approval. Councilperson Gillespie CARRIED 5-0. and bring seconded. them to Mot ion '"='..1' CITIZEN COMMENTS Bearce Naill, 1604 Royal Palm Drive, stated in light of the bond issue for the water plant he reviewed the City Charter with regard to limitations on bonding and debt set-vice. M.-. Naill stated he found unde,- Sec.74, Special Tax Levies is that this has been ,-evised by O,-d. 90-0-24 in June of 1990 and this does not put a cap on anything the City can bond. He stated if desi,-ed and app,-oved by Council the bond issue could be almost unlimited. He stated the,-e are some constt-aints I isted in Sec. 74 that adjust to a 10 mi I I imi t on ta>:ab Ie p,-ope,-ty as fa,- as sb-eets and public g,-ounds and this pa,-ticular issue of the wate,-, sewec, wastewate,- tt-eatment plant goes beyond that. M,-. Naill stated this gives the City the authority of unlimited bonding power. Mr. Naill stated he hated to see the City taxpayers absorb a very large debt without any limitations on it. He recommends that this Council go back and review Ord. 90-0-24 and Sec. 74 of the Charter and place some sort of limitation on what the City is allowed to bond so the taxpayers are not put under. Interim City Attorney Nikki Clayton stated when you have a 10 mil cap what you are talking about is a voted bond levy which relates to general obligation. The $15,000,000 water and wastewater issue has to do with revenue bonds which are not subject to that under either the 10 mil cap or under a taxpayer vote. She stated Mr. Naill was talking about a taxpayers bond issue and what we have is a rate payers bond issue and taxpayers will not be paying it out of taxes, those who are on the system will be paying it out of rates. Mr. Naill stated Sec. 74 deals with special tax levies. Ms. Clayton stated this is not going to be paid back out of a tax levy at all, there will not be any ta>:es [nvo I ved in the $15,000,000 bond issue. M,-. Nai 11 stated he ,-ecogni zed that. Ms. Clayton stated what you wi 11 hav'e wi 11 be spec ial assessments ,-ela.ting to the State Revolving Fund fo,- wastewate,- and that is not a tal>: eithe,- and many people ask what is the diffe,-ence between an assessment and a tax. She added a ta>: does not ,-equi,-e any nexus of benefi t to the pel-son who pays the tax for the benefit that he receives. She stated a special assessment is if you give a dollar you are supposed to get a dollar's worth of service and there is supposed to be a connection between what you pay and the benefit that you receive. Ms. Clayton stated under the Special Assessment Program everyone who pays an assessment will be receiving a dollars worth of return in benefit. Mr. Naill stated he had no problems with that. What he is saying is that there are no limitations on what the City can borrow for bonding issues and tax the public to do so. Ms. Clayton stated yes there is a limit. Mr. Naill stated according to our Charter there is none. Ms. Clayton stated it is a principle of government whether you tie the hands of government into how much it can borrow, when in fact the way it is dete,-mined how much it can bon-ow is what peop Ie wi 11 loan the jUl- isd ict ion, because of all the checks and balances that ex ist when you take an issue to macket, a City or County will not be able to borrow more than they can pay back. She added the,-e a,-e ve,-y sb-ingent checks and balances which othe,-s who ace not pa,-t of the p,-ocess might not be awa,-e and hopefully in public information sessions this can be brought out. Mr. Naill stated that he has looked very closely at what this effort is going to cost the City and the debt service is going to be somewhe,-e ove,- $.60,000,000 and fOl- a population of 15,000 this is extremely high. He said the point he is trying to make is for the Counci 1 to back and ,-eview that Cha,-te,- as well as the O,-dinance that was passed. Ms. Clayton stated she bel ieves that because thel-e have been so many quest ions ,-aised it is impo,-tant to have them add,-essed. Rav Miller, 3110 Sabal Palm Drive, asked what they are going to do about the fences around swimming pools. He stated he has a screen room which was O.I<.'d by the City and it was inspected and approved under all requirements. Mr. Miller feels that a person should be able to have a fence and no screen room or a screen room and no fence to be fine. Mr. Miller stated there were a lot of drainage ditches and ponds in the City that have no fences whatsoever and no one is citing the City for that, but the City is citing people who have screen rooms and no fence. Mayor Wessler stated this item was coming up under new business. Mike Billick, 2528 Lime Tree Drive, He represents the United Taxpayers of Edgewater Watchdogs. Mr. Billick stated some people don't like Watchdog organizations and are trying to discredit them. He wanted to know where these people were when the former Council, former City Manager, and consulting firms were telling them how good the low pressure system was and the United Taxpayers were against this system. Council Regular Meeting July 1, 1991 2 Mr. Billick stated the taxpayers would have had to pay for two sewer systems if the low pressure system had not worked. Mr. Billick stated that those people who don't want UTE to represent them are lucky the UTE did represent them then against the low pressure system saving them money. Mr. Billick passed a copy of the article he had in the News Journal out to the Council. He cited F.S.S. 170 regarding Special Assessments. He cited DER saying that any assessment in fees used for SFR loans must be equitable and fair and they will take equity and fairness into consideration before granting loans. Mr. Billick stated UTE would like the Council to make and pass a motion for the use of these fees in financing the new sanitary sewer systems as has been done in the past to be fair and equitable. Cliff Clark, 1818 Evergreen Drive, stated he has 3 items for Council's attention. He stated first he was concerned with the City being required by Ordinance to mow any street right of way. He said he doesn't like the City mowing personal property. Mr. Clark stated his second concern was letting grass grow as high as it is allowed on occupied property. Mr. Clark stated his third concern was Section 707 regarding buildings and utility sheds. He stated there is one shed allowed per homeowner and there is a piece of property with 2 sheds that are eyesores. He added the same piece of property has approximately three trailers there and all enclosures are being used for storage. Mr. Clark stated this individual has been before the Code Enforcement Board at least seven times. Mr. Clark feels that repeating offenders should be subject to a fine and so far nothing has been done on it. Councilperson Martin asked Mr. Clark if all of these violations had gone before the Code Board. Mr. Clark stated yes. Councilperson Gillespie stated that it is on the agenda for the next Code Board meeting on that person. Councilperson Gillespie stated a weed Ordinance 7A says that the City can go clear property that is not virgin property, but the owners are billed for it. John McGregor, 303 Cherrywood Lane, questioned if it was really up to the citizens to complain about their neighbors. Mayor Wessler stated we have two Code Enforcement Officers and they are doing the best they can but obviOUSly they are not going to catch everyone in the City. Andv Anderson, 1730 Pine Tree Drive, stated a lot in the neighborhood on which a house was burned and the grass needs cut, the address of the lot was 1802 Pine Tree Drive. Lynne Plaskett, Assistant Director of Planning and Zoning stated the problem with the property was finding the owner and they believe it went back to the bank and Code Enforcement is still pursuing it. George Ewing, 2923 Royal Palm Drive, stated he agrees with Mr. Naill on Section 74. Mr. Ewing stated it is very hard to understand and he thinks the Council should take a look at it. Mr. Ewing asked why did we pay Dyer Riddle Mills & Precourt when the County could have given us the information. Mayor Wessler stated the County couldn't do it and they did give us some tapes, but the way the assessment roll had to be written up it had to be taken to Titusville which Dyer Riddle did. Mr. Ewing stated that he might be wrong but he was informed that the County wasn't even asked. Mayor Wessler stated Mr. Ewing was wrong. Mr. Ewing questioned if Dyer Riddle was paid for the trip to Titusville. Mayor Wessler stated she did not know, she had not seen the bill yet for this month. She stated she imagined that we pay them for any time they do put in. Mr. Ewing stated it looked like we were paying double on a lot of this stuff. Mayor Wessler asked Mr. Ewing if he had a bill that was paid double on. Mr. Ewing said no. Mayor Wessler stated that was an accusation that he would be careful to make. Mr. Ewing questioned what was the total assessed value of all of the property of Edgewater. Acting City Manager Munoz stated he was expecting today to have the revised figure for the next tax year. Last year it was approximately $370,000,000. That was an appro:dmate increase of $30,000,000 from the previous year. Mr. Ewing questioned what Mr. Munoz thought it would be this year. Mr. Munoz stated they thought it won't be as big an increase as it was last year; about 5%. Mr. Ewing stated that there would be an increase though. Mr. Munoz stated it was due to inflation and due to new construction. Mr. Ewing stated he understood that the assessmenl; notices we,-e going oul; on the July 11th. Mayo,- Wessle,- stated they wel-e going 1;0 be stuffed the 8th, 9th a.nd 10th a.nd going out the 11th. Council Regular Meeting Jul y 1, 1991 3 ,.d_;''h., Mr. Ewing questioned how it was figured. Mayor Wessler stated it was based on equivalent lots. Mr. Munoz stated a typical lot is 40 X 125. Mr. Munoz stated we estimate 14,955 equivalent lots divide that by 2 and you get what would be buildable lot. 6,028 equivalent parcels. Those parcels may be 2, 3, 4, 5, or 6 lots. Mr. Ewing questioned when those assessments were sent out how were they figured. Mr. Munoz stated there were two formulas. The Wastewater Collection system l'4aS figured on the project cost of $17,000,000 divided by 14,955 equivalent lots which gives you 1,143 per equivalent lot, multiplied by 2 which gives you 2,286. He added on the Waste Treatment Plan and Effluent disposal we ta~e a figure of $3,254,763 divided by 6,028 gives you a figure of $540 per equivalent parcel and this is $60.00 less than the $600 they had estimated. Mr. Ewing stated that was what he wanted to ~now. Mr. Munoz stated these figures were available if he wanted to have a copy of them. Mr. Munoz stated these will be mailed out to the property owners along with their assessment attachment A. Mr. Ewing asked what had happened since the presentation from the Cable company. The gentleman stated they would have a revision of all the Cable lines that we have and that possible we could get TNT and some other desirable stations. He has heard nothing since that date. Mayor Wessler stated no one had heard anything, if the man said June or July then we had the rest of the month to go yet. Mr. Ewing suggested the City write a letter. Councilperson Gillespie stated they would be offering a limited service for our Seniors which is just basic Cable at a reduced rate. She added she is starting to get calls because there hasn't been any further information on it. Mayor Wessler requested Mr. Munoz to loo~: into it. Nancy Barbara, stated she would like to ~now the status of the Ordinance that would change the commercial designation of the zoning for Pelican Plaza. Ms. Clayton stated it would be on the July 15th agenda. Arleen Moore, regarding pools with screen rooms. Ms. Moore stated after three years of being in compliance she is now getting cited for a Code violation and it is unfair and something should be done about it. Douo LibbY, 2201 12th Street, stated he has been a law enforcement years and never saw anybody go through a screen enclosure. Ordinance should be rewritten. Mr. Libby stated they should safety is and not cost the citizens more money. officer for 17 He stated the look where the Doris Hill, Lincoln Road, stated she was referring to Mr. Billick. Ms. Hill stated it was put up to a vote of the property owners and a majority of the owners voted for the low pressure system and at that time a lot of people complained. She said as a result of that they founded the United Taxpayers of Edgewater. Ms. Hill stated they were very instrumental in having that changed and they all seem to forget that it was the Council that approved the system that they've got. Ms. Hill stated then the United Taxpayers wanted everybody in the City to pay for their sewer. Ms. Hill stated she never sees more than three or four of them at any meetings and she is getting tired of it and if they have an organization, fine she doesn't believe they have. Ms. Hill stated part of their organization is sitting here. Ray Miller, 3110 Sabal Palm Drive, stated in 1957 the government gave this City money to put sewers in Florida Shores and it was used in the rest of the City not Florida Shores. He stated he was the one that brought up idea of having Florida Shores voting on the type of sewer and the whole City paying for it. Mr. Miller stated the money in 1957 was used in the rest of the City, he doesn't see why the rest of the City shouldn't pay for it now. George Ewing, l'4ere 128 or 138 corporation. property here; 2923 Royal Palm Drive, stated he went through the survey and there post cards where the answers were from Miami, Florida from a Mr. Ewing stated they own a lot of lots but they don't own any they just own lots. Shirley Naill, 1604 Royal Palm Drive, applied for a pool and had to have a fence before they could get finaled and when she asked why she was told it was for the safety of children. She said Chief Vola stated when it comes to life and safety there is no such thing as grandfathering in. Council Regular Meeting J u I Y 1, 1 991 4 -' John McGreaor, 303 CherrYl~ood Lane, stated he had asked questions of Ms. Clayton and she replied that Fire Safety Code operates on the basis of having periodic inspections based on the uniform and consistent application of inspection schedules throughout the City. Mr. McGregor stated we have never had this He feels the City is acting illegally in his own case. Councilperson Gillespie stated she went back and checked because she got screamed at for allowing a Citizen's Comment one night that ran 32 minutes and she listened to the tapes and it did run 32 minutes. She stated she was terribly sorry that one of the Council didn't speak up and tell the person they had run over the time limit. Councilperson Gillespie did go back and ask if they could have the clock sitting here and when it is repetitive otherwise they would be sitting there all night if they are going to let people go over the limit. She added the Council can extend the time to anyone they wish to hear speak longer than three minutes. Councilman Jones stated he wanted the Acting City Manager to look into this 1957 money and this is the first he had heard of it. Councilperson Gillespie stated it was the Farmers' Home Loan that was based on the agricultural land rights designation of Florida Shores and Florida Shores was annexed in as a part of the City by a vote of seven adjacent landowners under special act. She added it was for all of the City and Florida Shores was a part of it and they received no benefit from that loan or money. Mayor Wessler stated back when the low pressure sewer system was an issue in Edgewater it may not have been the sewer system that Edgewater wanted but it was the sewer system that the Council at the time chose to investigate for the Florida Shores area. She added The Council told the Engineer that was what they wanted. Mayor Wessler stated she hears a lot of people saying that Dyer Riddle pushed that sewer system through but they followed out the orders of the City Council. Mayor Wessler stated Dyer Riddle did not act wl-ongly, they did what the City Council wanted them to do at the time. Councilpe,-son Gillespie ag,-eed. CONSENT AGENDA Police Chief's reauest to Durchase 14 latent Drint kits and one Lanier transcriber/recorder from Law Enforcement forfeiture Funds Councilperson Gillespie moved to accept the consent agenda. Councilman Hays seconded. Motion CARRIED 5-0. NEW BUSINESS Screen raams and fences around swimmina pools - Councilman Hays stated they need to add,-ess spas and jaCUZZI In addition to sCI-een ,-ooms and fences a,-ound pools and the spas and j acuz Z is needed to be sCl-eened 01- have a lock down co vel- . He stated as fa,- a.s pools, he feels a sCl-eened in pool is safel-. Councilpe,-son Gillespie stated they need to add,-ess the hot tubs a.nd spas. May01- Wesslel- stated we are the only City that requires a fence when there is a screen room around a pool. Mayor Wessler stated that the ones that have put up a screen enclosure and a fence are done. She added there is nothing this City Council can do about it. Councilman Hays stated he would like to see all the Code Violations withdrawn. He stated he would lH:e to see the Ordinance redrafted to address the issues on spas, hot tubs, jacuzzis and brought back with that verbiage to the Council. Councilman Jones stated he agreed with Councilman Hays that spas and hot tubs need to be addressed. Ms. Clayton asked for direction from the Council if they want the four foot fence or the screen enclosure. She stated you can grandfather the Building Code, you cannot grandfather the Safety Code. Mayor Wessler stated there would be no Grandfathering in because at this time all people have to have something around the pool either a screen room or a fence. Councilman Hays stated the only thing that might be addressed was the height of the fence. Mayor Wessler stated the height of the fence was four foot. Councilman Hays stated a screen enclosure needs to have a latch high enough and the screen room needs to be well maintained. Councilperson Gillespie said the old swimming pool regulation we had allowed people to fence or put a buffer of plants to fill in was not such a bad looking ordinance. Mayor Wessler stated that it seems to be the consensus of the Council that just screening is enough. Councilman Hays moved to rewrite the Ordinance with verbiage to contain hot tubs and spas to have a lock down cover and/or a screen enclosure and/or four foot fence. Swimming pools would be required to have a screen enclosure or four foot fence. Any Code Enforcement action of those that currently have one or the other should be withdrawn. Ms. Clayton said it should address corner lots. Councilperson Gillespie seconded. Motion CARRIED 5-0. Council Regular Meeting July 1, 1991 5 ,...~ Casper Manone, 27291'::umquat Drive, asl(ed Council's OpInIOn was on the removable steps from the spas. Mayor Wessler stated the spa would require a screen room, a lock down cover, or a four foot fence. Lee Sosenic, 1906 Travelers Palm Drive, takes her and her husband to get it off. stated she has a lock down cover and it She added no child could get it off. Prooosed Personnel Manual for City Employees cont i nue th is pend i ng the se lec t ion of a new Gi llespie seconded. Mot ion CARRIED 5-0. Councilman Hays moved they Ci ty Managel-. Counci lpel-son Payment of $24,570 to Volusia County for Road Impact Fees for Whistle Stop Park- Councilpel-son Gillespie moved to pay the $24,570 to Volusia County fOl- the Road Impact Fee fOl- Whistle Stop Pal-k. Councilman Jones seconded. Motion CARRIED 5- O. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: Res. 91-R-30 Repealino Res. 89-R-35 rei engaoement of Greenbura. Trauria, Hoffman, Lipoff. Rosen & Quentel as supolemental Legal counsel durina Caoital Improyements Program Mayor Wessler read the Resolution. RESOLUTION NO. 91-R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING RESOLUTION NO. 89-R-35 IN ITS ENTIRETY WHICH ENGAGED THE FIRM OF GREENBURG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A., AS SUPPLEMENTAL LEGAL COUNSEL DURING THE CAPITAL IMPROVEMENTS PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counc i lpel-son Gi llesp ie moved to adopt Res. 91-R-30. Councilman Ha.ys seconded. Motion CARRIED 5-0. Res. 91-R-31 5upoortina the proposed Veterans Administration Hospital being located in Volusia County. Mayor Wessler read the Resolution. RESOLUTION 91-R-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING THE PROPOSED VETERANS ADMINISTRATION HOSPITAL BEING LOCATED IN VOLUSIA COUNTY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilpe,-son Ma,-tin moved to adopt Resolution 91-R-31. Councilman Jones seconded. Councilman Hays stated he has a. conflict and will abstain. Counc i lman Hays s ta. ted as he is a hea 1 th cal-e workel- he ''401.1 ld 1 i ke the necessa,-y fo,-ms f,-om the City Cled::'s Office to file with the State. Motion CARRIED 4-0. Councilman Hays abstained. Mayor Wessler stated the procedure for appointing members to Advisory Boards that each Councilperson would appoint one member. She added the City Clerk or Recording Secretary would keep track of who had appointed the last Board Member and they would start from there. Councilman Hays moved that they table the Board appointments until they could have a special meeting and have the Board Members present. Councilperson Martin seconded. Councilperson Gillespie stated this would leave the Boards high and dry. She questioned if they could give an extension to the present board members to continue until the appointments can be made. There was discussion concerning dates for a Special Meeting with the Board Members. The date of Saturday, July 27, 1991 at 9:00 a.m. was selected. Motion CARRIED 5-0. Pete Helsten, Chairman, Land Development and Regulatory Agency, stated he agrees with the Council's idea of getting the Community and the Boards involved in the selection process. He added the only thing he has a problem with is the meeting being on a Saturday. He feels that a lot of people are on vacation and some work on Saturday. He would suggest if they are going to do this then they should schedule it at a Regular Council Meeting. Mayor Wessler stated she wanted to call a special meeting for the 8th of July so perhaps they could work some of the Boards in then. Ms. Clayton stated she would not be available for attendance at a meeting on July 8th. Councilman Hays stated maybe they should break it up. Mayor Wessler stated they could leave it for July 27th and any Boards that they see they are not going to get the majority of Board members to show up then they can reschedule those Boards for another day. Councilperson Gillespie stated since they were calling a meeting for July 8th could they put two of the Boards on that night following the Council meeting and carry the balance over onto the 27th. Regular Council Meeting July 1, 1991 6 ~"......""" Mayor Wessler stated they should see the two Boards who need members the most. She stated the Industrial Development Board needed four members and the Merit Board needed three. Councilperson Gillespie moved they start the procedure of committee discussion with the Industrial Development Board and the Merit Board on or about 7:30 p.m. on Monday, July 8th and the balance of all Boards and appointments to be done on July 27. Councilman Hays seconded. Motion CARRIED 5- o. Second Readina: (Public Hearing) Councilperson Gillespie moved to go into Public Hearing. Councilman Hays seconded. Motion CARRIED 5-0. Public Hearing on Ord. 91-0-4 Annexing Dart of Lot 2. Edqewater Country Estates, located West of U.S.1 between Roberts Road. and 28th Street to correct prior error in legal description. Mayor Wessler stated the real estate agent representing these people could not attend. She asked if there is anyone else that wishes to speak on this Ordinance. Being no one, Councilperson Gillespie moved to close the Public Hearing. Councilman Jones seconded. Motion CARRIED 5- O. Mayor Wessler read the Ordinance. ORDINANCE 91-0-4 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 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERt.:: OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE, AND THE EXECUTIVE OFFICE OF THE GOVERNOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THE PROPERTY IS DESCRIBED AS THE SOUTH 150 FEET OF THE EAST 380 FEET OF LOT 2 EDGEWATER COUNTRY ESTATES AS RECORDED IN MAP BOOK 11 PAGE 247 AND THE LAND EAST OF SAME TO HIGHWAY. EXCEPT PC SUBSURFACE RIGHTS AS RECORDED IN PUBLIC RECORDS OF THE VOLUSIA COUNTY COURT. Councilperson Gillespie moved to accept Ordinance 91-0-4 as a correction. Councilperson Martin seconded. Motion CARRIED 5-0. UNFINISHED BUSINESS Action on Reclaimed Water Reuse Master Plan Drepared by Briley. Wild & Associates Councilperson Gillespie moved that we submit the plan as given to us to DER for their consideration but subject to further correction. Councilman Hays seconded. Councilman Hays requested that the financing verbiage be left to another time. Ms. Clayton asked about Councilperson Gillespie's motion concerning corrections, was she talking about after the review and comment of the reviewing agency. Councilperson Gillespie stated yes there are two agencies involved, DER and Volusia Flagler. Ms. Clayton stated the study would contain certain alternatives that Council choose from. Ms. Clayton stated she had people asking her questions as to whether this deals with the entire City or a portion of the City. She added those issues ought to be clarified so that everybody understands the alternatives and there should be a public information program with Dyer Riddle and Briley Wild discussing the pros and cons so that those alternatives can be selected. Councilperson Gillespie stated the motion was made strictly because the settlement date is July 1st and it must move on to DER to meet the requirements of the settlement of the law suit and then it will come back with comments. She added at that time the Council will need to act in good faith. Ms. Clayton stated financing would be an important part. It would require some very careful questions and answers about what is the fair allocation because your assessment program is going to have to contain two attributes: one attribute having a nexus benefit, the people who pay the assessment are going to have to rece i ve the benef it fOI- wha t they pay fOl-. She added the second at tt- ibu te is having a fail- apPol-tionment; the pel-son who is paying to obtain the benefit of the assessment pl-ogl-am is not going to pay more in his assessment than someone else is paying for the same benefit. Ms. Clayton stated you have to have these two ingl-edients fOI- the pl-ogl-am to pass mustel- and this is an issue which is not yet l-eso 1 ved. Ms. Clayton stated the ques t ioni nf;J and answel- i ng needs to take place in a public information session. Council Regular Meeting July 1, 1991 7 A Representative of Briley Wild stated he had met with Councilman Hays and spoken briefly with each of the Council membel-s after their meeting with them last week. He said they have made a few minor I-evisions in theil- l-epol-t that he d istdbuted to them tonight. He stated they have added on page 6-9 a section descl-ibing the Nat ional Estual-y Pl-ogl-am and they also added a sect ion 011 S.l.J. I.M. Pl-ogl-am to e~~pL~in the genel-al funding. He l<lent to page 6-11, Financing Recommendations, and I-ead two pal-agl-aphs st_~ting that they wel-e vel-Y genel-al and does not pin them down on financing. He stated the City Staff is all-eady stal-ting to make some financing contacts. Ms. Clayton stated things need to be defined so that everyone can understand and the old users and new users in Florida Shores can then determine how to allocate it within the assessment program or how to pay for it otherwise out of user fees. The Representative from Briley Wild stated that he had prepared a transmittal letter to DER and copies of the report are enclosed. He also sent a copy to St. Johns because we do have a consumptive use permit. Councilman Hays stated he had spoken with Mr. Bidgood from the Volusia/Flagler Environmental Pact concerning the effluent disposal in the Turnbull Hammocl(. Councilman Hays stated he would like to remind them that he thought the shell pit on Mango Tree Drive would be one resource for a place to dispose the effluent during the rainy season and there may be some other areas in the City that can also be used as alternatives. Lee Bidqood, representative of Volusia/Flagler Environmental Pact, stated their concerns are in the environmental and they would prefer to see storage ponds for wet weather retention. He added wet weather discharge to the Indian River is at the wrong time. He stated one of the problems is that you are adding fresh water which upsets the salinity balance and in dry times it is all right but in wet times is too much. M.-. Bidgood stated wetlands al-e being used to b-eat sel<lage effluent successfully and usu.ally these al-e ma.n made l<letlands. He added you al-e putting nutl-ients into the wetlands and thel-e needs to be some way of hal-vesting a crop otherwise the system gets ovedoaded wi th nub- ients. Nr. Bidgood stated DER fl-owned on using Spl-uce CI-eek swamp as a place to dischal-ge tt-eated effluent in times of ovel-flow. He said fOI- wetland-:; dischal-ge you need to do a one yeal- basel ine moni tOl- ing study to learn the cond i t ions that pl-evai 1 in that wet land befol-e you stal-t the pl-ogl-am and it is going to be expensive. He added it may be a financial incentive to find stol-age al-eas to allow you to store the treated effluent dudng the !; imes that it is not being used. Motion CARRIED 5-0. Aooointina a screeninq committee for City Manaqer Aoolications. Councilman Hays moved to use the Flol- ida Ci ty/County Managel-s Association as a sCI-eening committee fOl- theit- I-ecommendation. He added the Council should send them the whoOle batch and have them bl-ing back ten applicants from which they can choose whom they 1 ike and maintain the opt ion to add anyone that they so desil-e. Ms. Clayton stated the name of the gentleman they need to get in touch with is Rod Kendic~:: who is the Pt-esident of the Association and he will use the Flol-ida League of Cities Administl-ative pel-son, Ken Small, as the Adminisb-ative Assistant to help in getting whatevet- he needs. Councilpel-son Mal-tin seconded. Mot ion CARRIED 5-0. Parkina and storaae of commercial and recreational vehicles in residential areas Councilperson Gillespie stated she was pleased that we matched verbatim New Smryna Beach as far as A,B, & C of our Code. She asked if we could possibly draft something like Section 30-189 A t B from the City of Holly Hill parking and storage of vehicles. She said there is a problem with people putting cars for sale on Indian River Blvd. Councilperson Gillespie stated although they are cited, it is under a different ruling and she feels this might clear up that particular section and speed things along for our Code Enforcement people. Mayor loJessler asked Lynne Plaskett, Assistant Planning and Zoning Director to 1001.: into this. Councilperson Gillespie questioned if we would also like to add from New Smryna D ~ E since we have A, B, t C verbatim. Ms. Plaskett stated the Land Development and Regulatory Agency had many meetings and this item is already being addressed in the new Land Development Regulations. She asked if Council had a chance to loo~: at that yet. Counc i Iperson Gi llespie stated no. Ms. Plaskett stated they may want to look at it before they make a change and then approve another one in August. Councilperson Gillespie stated she felt they should leave this until LDRA brings in their recommendation. Regular Council Meeting July 1, 1991 8 f"'''i''','';'''f'<, Council/Officers ReDorts Interim City Attornev- Ms. Clayton spol(e regarding the proposed contract for the City Attorney. Ms. Clayton stated she had several conversations with Ms. Krista Storey and she stated she would like $60,000; she felt that was fair for the area. Ms. Clayton stated Ms. Storey would like to see $1,500 in moving expenses as a ma>: imum. Ms. Clayton added the contt-act call';; fOl- a two yeal- tel-m I-enewable fOI- two yeal- tel-ms unless othel-wise tel-minated. The termination provision would be pl-ovided undel- thl-ee cond i hons: 1) The Ci ty' s convenience. If this happens thel-e is 120 day sevel-a.nce I-equil-ement. 2) Cause. This is defined. Thel-e would be no sevel-ance. 3) By the Ci ty Attonley if she pl-ovides 90 days pl-iol- wl-itten notice. Ms. Clayton stated Ms. StOl-ey has asked for a wrap-up as she has ongo ing cases that would I-ecall hel- but it would not intel-fel-e wi th hel- wOI-k hel-e. Ms. Clayton stated Ms. Stol-ey had a small p,-ob lem with the I-esidency I-equil-ement as she was concenled with finding a place to I-ent that would take hel- sevel-al dogs and cats and quest ioned if it could be wi th in a cel-tain ,-adius of the Ci ty. Ms. Clayton stated Ms. StOl-ey would begin officially on Septembel- 3 and she would like to attend City Council Meetings unofficia.lly befol-e she assumes hel- dut ies, mak ing ita smooth tl-ansi t ion. M'5. Clayton asked fOI- guidance f,-om the Council. Councilman Hays stated thel-e was a pl-oblem with the Ci ty Attonley not being in I-esidence and pal-t of that was due to the p,-oblems with the pl-evious City Attonley. Councilman Hays sugge'5ted if Ms. StOl-y can't find a I-esidence in the City limits as long as he doesn't have to make a long distance phone call. Councilperson Gillespie stated after a year she should be within the City limits. Councilman Jones stated he feels strongly that she should be in the City limits within the year time limit. Councilperson Gillespie stated she feels that her salary should be $57,500. Ms. Clayton stated advancement is seen in terms of money. She stated that the Council was asking Ms. Storey to come to a place that is risky. Councilperson Martin stated she feels that is not too much for what they are asking her to do. Councilman Hays stated he would hate to see the City lose a good person over a couple of hundred dollars. Councilman Jones questioned how about $57,500 plus moving expenses of $1,500 and after six months going to ,.60,000. Counei Iperson Martin moved to accept the salary of $60,000 I~i th $1,500 for moving expenses and a contract that terminates on May 1st 1993 which is six months after the election and she would reside within the City within the first 12 months of employment. Ms. Clayton read the items that would be considered cause for termination and said that you must provide 30 days notice and 120 days severance pay. Councilperson Gillespie stated that she wanted to take the prOVISIon for severance payout. She felt that if they could not get along then they should just part friends but not financially indebted to either one. Ms. Clayton stated prior contracts with Jose Alvarez had a two year severance provision. She said it was standard in most local government contracts that six months is the severance measure for convenience termination. Ms. Clayton stated that due to the size of the City she feels that it is more appropriate to use the model found in the Code of Ordinances for the City Manager for severance which is four months. Councilperson Gillespie stated this was all dependent on Ms. Storey's clearance coming in. Councilman Hays seconded the motion. Doris Hill. Lincoln Road, questioned if the City Attorney could be taken care of at election time and for her to serve at the new Council's pleasure and at the end of that time we wouldn't be liable for any more time, instead of giving her a contract for two full years. Mayor Wessler stated it would not be for two years. It would be from September 3, 1991 to May 31, 1993. It is six months beyond the election. Councilman Hays stated it would be in the best interest of the person coming in on the newly elected City Council that they have that interim period. He stated the new Council would have the inte,-im pel-iod to decide if they. wanted to keep the attonley 01- start the pl-ocess again to select a pel-son who could wod:: wi th them. He added what they had wi th the pl-eviol.Js pel-son l'4aS they inhed ted a two ye.a. conti-act. Regular Council Meeting July 1, 1991 9 ~r\ ',_..",1 GeOl-ae Ewina. stated he feels that they are glvlng the nel~ Council the same problem as when they came in. He said the next Council is going to have to pay Ms. Storey 120 days. Councilman Hays stated Mr. E\~ing was making an assumption. Mr. Ewing said Council should be telling Ms. Storey what they are going to offer her, and to remember that they are offering her the taxpayers money. Mayor Wessler stated Council does remember they are offering her taxpayer money. Mr. Ewing asked if he would be allowed to finish. Mayor Wessler stated that Mr. Ewing stands up at every Council meeting and tries to tear the Council apart. Mr. Ewing questioned what he had said to give the assumption he was trying to tear the Council apart. Mayor Wessler stated he was trying to say that this Council is not rationally thinking out their decisions and they are. She added they are discussing it and they have not made a decision. Mayor Wessler stated the Council is making the best rational decision. Mr. Ewing reminded Council they are using taxpayer money and requested they do not give a problem to the next Council. Mr. Ewing asked what he has said that is not for the benefit of the taxpayers. Mayor Wessler stated she found it insulting for Mr. Ewing to say they are not in charge. Councilperson Martin asked Mr. Ewing to give the new Council time to decide. Councilman Hays asked Mr. Ewing if he would pick up his family and move for the period of one year. He stated they had gone through six months trying to find the best candidate for this position for the City of Edgewater. He added Ms. Storey was not here to work for the City Council members, she was to work for the benefit of the City of Edgewater. He feels Ms. Storey is a good person and he hopes Mr. Ewing trusts their judgement. Mr. Ewing again questioned what he had said to criticize the Council and he would like for the Mayor to let him know. Mayor Wessler stated she would. Dominick Fazzone, 302 Paradise Lane, stated he sits here meeting after meeting and they loudly proclaim things are not right. He said you get what you pay for and nobody is going to come here into a volcano for nothing. He feels Ms. Storey has wonderful qualities to be a good attorney for the City of Edgewater. Mr. Fazzone stated he feels they will be pleased if they get the services. He said it makes him sad to think that people complain that the Council is not doing their job. Mayor Wessler called a five minute break at this time. 9:40 p.m. resumed at 9:55 p.m. Meeting Discussion was resumed concerning the City Attorney's contract. Mayor Wessler stated at the end of the contract they could just not renew. Councilman Hays said they need a reasonable severability for both sides. Ms. Clayton stated there is a question in the minds of some as to if there is no renewal of a contract and they are terminated, do they get a severance pay. She added if the contract renews at some point down the road the bargaining power shifts because they can always move on to higher pay at other places. Ms. Clayton stated that six months severance was usual for the City Manager and the City Attorney. Councilperson Martin's motion to accept the salary of $60,000 with $1,500 for moving expenses and also to have a residency requirement and a termination of contract date of May 31, 1993 was seconed by Councilman Hays. Motion CARRIED 3- 2. Councilman Jones and Councilperson Gillespie voted NO. Acting City ManaQsr Mr. Munoz stated the previous City Manager has applied for Unemployment and there was a $225 per l'Jeek benef it. Counc i lman Hays stated he thought that when they severed their relationship with the previous City Manager they were done and now he wants to get mOl-e money f,-om the City. Councilman Hays asked Ms. Clayton if she had an opinion. Ms. Clayton stated she wonden~d if the City could sue him fOl- f,-ivolpus action. Mayor Wessler stated we should just deny him unemployment and go on from there. Ci tv Counci 1 Councilman Jones stated some work that was done on I(napp Street was performed by a Port Orange crew and the crew had taken down some trees and left some muck. Councilman Jones moved to fix the area and replant the trees. Councilperson Gillespie seconded. Motion CARRIED 5-0. Regulary Council Meeting J u 1 Y 1, 1 991 10 Councilman Jones requested to go to a Florida league of Cities Conference. Mayor Wessler stated she would also like to attend. She added the cost for the eight hour seminar per person l-.lould be $35.00. Councilperson Martin they were having approached the City can't get it fixed. reported a situation at Thomas and S. Riverside Drive where a problem with stormwater runoff and the gentleman has several times. She added he is paying the stormwater fee and Mayor Wessler stated she felt very uncomfortable that most of the Department Heads were on vacation at the same time. Councilperson Gillespie agreed. Councilperson Gillespie Darryl Crossland and Rob Water Resources Workshop. requested that a letter be put in the personnel files of Deloach for their participation in the Second Annual Councilperson Gillespie had a request from Kevin Helman for a nonrepairable fire hydrant. She stated Mr. Wadsworth said it l-.laS 0.1(. wi th him if they had Council's approval and there was no objection. Councilperson Gillespie moved to make corrections on the water lines throughout the City to meet the minimum State Standard of six inch water lines in the plan to upgrade the water system. Councilma~ Hays seconded. Councilman Hays stated this has to be budgeted. Councilperson Gillespie stated the citizens need to get the minimum State Standard. Mayor Wessler stated she agrees however would Coucnilperson Gillespie want them to pay for this at the same time the CIP is going on. Councilperson Martin questioned how the new plant was going to work with two inch lines. Mayor Wessler stated the consulting engineer said the six inch lines were not needed. Councilman Hays stated the Edgewater lines should be sufficient. Mayor Wessler agreed. Councilman Jones stated that in New Smyrna they call the power plant and have them boost up the pressure when they need it to fight fires. Councilperson Gillespie stated some of the lines go from two inches to six inches and back to two inches again for no reason. Councilman Jones stated that was 87 miles of pipe and to plan for it now was O.K. Motion CARRIED 3-2. Councilman Jones and Mayor Wessler voted NO. Councilman Hays stated he would like to know what the public statement regarding Griffith and Associates confidentiality at a previous meeting was about. Mayor Wessler stated she already had a meeting with Mr. House. Councilman Jones stated if you start something publicly it should be finished publicly. Mayor Wessler stated that she ha.s discussed it wi th M,-. House and that is a fa,- as it wi 11 go. Counci lman Hays stated he would 1 ike a ,-epo,-t f,-om M.-. House on that. MaYlJl- Wessle,- stated that was fine. Councilman Hays stated he would like to l(now the status of the survey for our records and police evidence room. Mr. Munoz stated the Ms. Plaskett does all of the design work and he would find out for him. Mayor Wessler stated there was a need for a special meeting next Monday based on some changes that are needed in the Resolution. Mr. Munoz stated that was correct and they also needed to fix the date time, and place of the Final Public Hearing. He said they would also authorize the publication and mailing of notice of Final Assessment. Mayor Wessler stated they could include to be heard at that meeting the Boards that they had discussed earlier. Ms. Clayton stated she cannot be there d i ffe,-ence of op 11110n among the p,-ofessionals to the Special Assessment Resolution ,-esults fai,- assessment. She stated she doesn't want the sub jec t ma t te,- fO!- the 8th bu t she will chance to discuss it with eve'-ybody. on the 8th. She stated there was a in ,-ega,-d to whe the,- the amendmen t in a more fair assessment or a less to interfere with the scheduling or '-esente comment unt i 1 she has had a Regular Council Meeting July 1, 1991 11 ,..,:......." Ms. Clayton stated this was the subject matter on the Conference Call that was discussed today between Financial Advisor, the Bond Counselor, Consulting Engineer, and the City Manager. Ms. Clayton was unable to be on that conference call and the discussion has to do with the revision to the assessment instead of assessing by 2 1/2 lot extents so that if a pel-son owns mOl-e than 2 1/2 lots they will have to have a change to theil- assessment. She added if a single ownel- owns mOI-e than two lot.:; they wi 11 st i 11 be assessed fOI- one pal-eel. She has discussed that pl-ogl-am wi th the Bond Cou.ne i I whethel- 01- not that is less fail- 01- mOl-e fail-. Ms. Clayton stated she has yet to study it enough to draw a conclusion that she would be giving to the Council at the meeting where they will be discussion the amendment to the Resolution. She said she would do what she could do to have a report for them by the Special Meeting or a suggestion that it be continued until it can be fully discussed. Mayor Wessler questioned if it could be continued under their present schedule. Ms. Clayton stated she did not know and that is why she did not ask that it not be scheduled. Questions From Press There were no questions from the Press at this time. Citizens Comments Dominick Fazzone, 302 Paradise Lane, stated he would like to have the Council investigate some of the comments that were made here as one gentleman had made a statement concerning the 1957 sewer system grant. He said some of the people who are here complaining have only lived in the City for one or two years and the subdivisions paid for their own sewer systems. Councilperson Gillespie stated Florida Shores is not a subdivision. Mr. Fazzone stated he was asking Council to look into it and go back and find how much would be fair and equitable. He doesn't know how the people can say they paid for sewer. Andy Anderson, stated it should be looked into whether is entitled to unemployment. He stated for grass to be at least 2 foot high. He feels it should be 1 foot. would look into how other City Ordinances read. the former City Manager in violation it has to be Mayor Wessler stated she Joe Martin. Lot 15 Cherokee Ridge, stated as he listened to them tonight regarding protecting the toddler, the same criteria should be used for the balconies that is available through the Standard Building Code. Doris Hill, Lincoln Road, spoke regarding the hiring of the City "'anager. She stated the City has been in turmoil since b months before election. She said she was against firing anybody. She stated she was bitter when the Council fired the City Manager. Ms. Hill said she feels the City has been through so much turmoil, but the City keeps running, and it keeps running smoothly. She feels that Mr. Munoz is good for the City. She stated we need something to bring us together, not pull us apart. ADJOURN Councilman Jones moved to adjourn. Councilperson Gillespie seconded. was adjourned at 10:45 p.m. Meeting Regular Council Meeting July 1, 1917'1 12 Minutes submitted by: Li sa R. t1 i 11 et- ~~~,~~D MAYOR ~- ~ 7~a~ Cl TY CLERK / Approved this ~ day of ~ ' 199-1-. ~~\0~~~~ MAYOR 13 F ~ )/ " f"' FORM 8B MEMORANDUM OF VOTI~'G CONFLICT FOR , . COUNTY, MUNI~AL, AND OTHER LO~L PUBLIC OFFICERS L\S1 NAME-rIRST NAME-MIDOLl:' NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE Hays, Michael D. Edgewater City Council MAl LI NG.\OORESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMIlTEE ON WHICH I SERVE IS A UNIT OF: P. O. Box 100 X CITY , ! COUNTY , , OTHER I.OCAL AGENCY ClT) COUNTY NAME 01' POLITICAL SUBDIVISION: Edgewater Volusia N/A DATE ON WHICH VOlE O{TURREO MY POSITION IS: July 1, 1991 x-! ELECTIVE ,. APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this iaw are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fom' before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for :-eccrding the n:inute~ of the meeting, who :.houid incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND. TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . · You should complete and file this form (before making any attempt to influence the d~cision) with the person responsible for recording the minutes of the meeting, who wiII incorporate the form in the minutes. · :\ copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ," ~ "!wi!. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Michael D. Hays , hereby disclose that on (a) A measu80r will come before my agency which (check one) _ inured to my special private gain; or July 1 ,19~: _ inured to the special gain of , by whom i am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~" > ,/Id ~( Nfo(f7i.-1J h>> N " #/24. ~ 5U fJ !dP/ ~l ~ ~~ pv 5.:/ J I/e r /V ,",. '" ",1) 0..... /~ 1 j .,..) //o/k~/A Q>lIv/7~ ~f /I~~ ~I <(./1 ljA-.,d.( I ~~. 7(- (L~") ( , J -;(/f/1 II th J#ltt c"wu WlJrt/Lt-P- 4~ f-<L/ --/IvJJ /14#~ IU P- ; ~f1 ~u~ 5'~ 'A-J J~ fh'cJlZ, -/0 / ~ (2u>. 11- f2-." "? I,; f J?; d /I'd/-!/'~ a. ~ Al-f/~ f 0 -rte v~ ~ t:J ~ ( ~~ f\A i/6P~1 J ;11A; /11/ : ~,{J^/'~ f. (lUJ.f~ .E x~o, 'f/~<:, p//4C/j.rZ PrY, ~ h -;if/I)t!1,#6'f~ +(. 32. } 02.- -000 ~ ~(J#75 '"0/9/ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.