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06-03-1991 - Regular - '.., ...." I CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 3, 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 Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Arrived Later Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend William Sharp, Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of April 22. 1991 - Councilman Hays requested on page 4, the second paragraph, 1 ine 10, changing the word II hell to IIJohn Sugarll who made comments earlier in the meeting about being gone 6 months of the year. Council person Gillespie moved to approve the minutes of April 22nd special meeting subject to correction. Council person Martin seconded the motion. Motion CARRIED 5-0. Special Meetinq/Workshop of April 29. 1991 - Councilperson Martin moved they accept the minutes. Councilman Hays seconded the motion. Motion CARRIED 5-0. Reqular Meetinq of May 6. 1991 - Councilperson Gillespie stated on page 3, paragraph 3, a word was left out and it should read "space" for 321 students. Councilperson Martin moved they approve the minutes with the correction. Councilman Hays seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Edward Elder, Chaplain for Indian River Chapter #145 Veterans, spoke on problems at Veterans Park with beer drinking, fish remains, and trash. He stated there's a curfew of 11 p.m. but bathrooms are being left open and sometimes lights are left on. He stated the flag's also being left up. He asked what can be done by working together. He added he was told they can't tell people to leave when the park closes because it infringes on their rights. Mayor Wessler stated she wasn1t aware there were problems and they can look into it. Councilman Hays asked if the flags are lit. Mr. Elder replied he doesn't know. Councilman Hays pointed out it's appropriate to leave the flag up if lights are on it. Council- person Gillespie stated the County parks have chains across them and perhaps we could do something along that line. Councilman Hays requested Chief Schumaker's comments. Chief Schumaker stated he's not sure the problems are any different then any other City park and they have their share of occasional vandalism. Mayor Wessler suggested Mr. Munoz look into it and bring it back at the next meeting. Councilman Hays suggested Jack Corder could help also. Mr. Elder stated parks in New Jersey are open from dawn to dusk and after that it was locked up and Police patrolled it. Interim City Attorney Nikki Clayton arrived at this time, 7:08 p.m. Doris Hill, Lincoln Road, questioned why they'd close the park from dusk to dawn when people fish from the dock and it1s better fishing at night. She said if people are abusing the privilege, then they should be stopped. She added she doesn't know how they1d police it if they1re drinking there. Mayor Wessler stated they'll look into it and see what1s best for the park. Alice Murphy, 230 N. Riverside Drive, commented on Mr. Munoz1s presence at the shopping center on his own time and that he'd explained it very patiently. She said it's beyond the call of duty and he deserves credit. .... ...., CITIZEN COMMENTS (Continued) Al;ce Murphy (Continued) Mrs. Murphy stated many people feel citizens are paying too much for services and taxes and referred to a man who looked at a home and couldn't afford it because of taxes. She referred to fat in the budget that allows for severance for unsatisfactory employees who bailout and for equipment and trucks that lay idle. She said the recyclers are doing a good job but she wonders why the fee for other disposables hasn't come down. She asked if the recycling has reduced the cost to the landfill and noted trash is $11 a month which is higher than New Smyrna Beach. She asked where they found the money for Mr. Alvarez and Mr. Johnson. She also asked the ratio of trucks per employee for the Utilities Department. She stated Council inherited problems and an audit of the books will dispel fears of the people. Mayor Wessler explained they just had an audit and have it every year. Mrs. Murphy said this is an outside audit. Mayor Wessler explained it's an outside audit every year. Mrs. Murphy stated she's referring to the audit the zone 2 Councilmember requested. Mayor Wessler explained that was for the CIP, not everything. Mr. Munoz stated the tipping fee went to $25 from $18. Utilities Director Terry Wadsworth stated the truck ratio is 1 to 1 for meter readers but the other is 1 to 3. Mayor Wess 1 er noted she'd worked wi th the Utilities employees and some drive together and some alone. Mrs. Murphy referred to the talk heard about the number of trucks. Mayor Wessler pointed out a lot of the money in the budget sits there and this week City Hall was flooded and some things aren't anticipated and they have to replace them, such as accidents with cars. She suggested Mrs. Murphy look at the trucks the City workers use and she'll go with her. Norm B;llups, Florida Shores, stated Tom Sheridan went North and his wife died of a massive heart attack this morning. Councilperson Gillespie noted he was the City's Safety Officer. CONSENT AGENDA Request of PubHc Works employee M;chael Gatt; to extend leave of absence wUhout pay for UP to 6 months due to knee suraery: D;rector of Ut;l;t;es. request to advert;se for b;ds for Wastewater Department vactor truck under a lease/purchase aareement - Council person Gillespie stated she talked with the Utilities Director regarding his request to go out for bids and while it's out and before final decision he'll check with other cities to see if a private contractor may be more feasible. She then moved they accept the consent agenda. Councilperson Martin seconded the motion. Councilman Hays asked Public Works Director Carl Overstreet what Mr. Gatti does. Mr. Overstreet replied he's on the side of the garbage truck and is relatively new but is an excellent employee held like to retain. Councilman Hays asked who's doing his job now. Mr. Overstreet replied this is part of his cross training program where you start with the garbage truck and work up and everyone above him is trained for this so someone from the Street Department will go to Refuse. He added the request is for 6 months but they feel he'll be back in the next 2 weeks. Councilman Hays asked if there will be a great deal of overtime. Mr. Overstreet replied no, but someone will want the trees cut in front of their residence and it probably won't be done for another day or two. Motion CARRIED 5-0. NEW BUSINESS Parks & Recreat;on D;rector. s request to purchase SmUhco Super Rake wUh Scar;f;er for $7,216 under GSA contract (plus approx. $74 fre;ght)- Counci lperson Gillespie moved to accept the recommendation of the Parks and Recreation Department to purchase. Counc il man Hays seconded the mot i on. Counc il person Gillespie requested an explanation for the public. Parks & Recreation Director Jack Corder explained we have multiple ball fields to maintain and this will do the maintenance and would be available for other needs and cut manhours because they spend so much time now preparing the fields. Councilperson Gillespie stated it's a cost savings project. Motion CARRIED 5-0. Parks & Recreation Director's recommendation to award bid to construct 8 ft. chain link fence on South and West sides of Rotary Park to Jim Williams Fence Co. for $7,100 - Councilperson Gillespie moved they accept the bid for the fence for Rotary Park. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Labor Assoc;ations. requests to open negotiations for three labor agreements for FY 1991-92 w;th negot;ator for C;ty to be named - Councilman Hays moved to TABLE this pending selection of the new City Attorney as they may choose that person as one of the options. Councilperson Gillespie agreed because several had a 2 Council Regular Meeting June 3, 1991 'W' ...." NEW BUSINESS (Continued) Labor Assoc;at;ons. requests to open negot;at;ons for three labor agreements for FY 1991-92 w;th negot;ator for C;ty to be named (Continued) labor negotiations background. Councilman Jones asked how long it will be before the new Attorney comes on board because they want to start negotiating. Councilman Hays replied they should have the attorney in time. Councilperson Gillespie moved to TABLE to the second meeting in June. Councilman Hays seconded the motion. Motion CARRIED 5-0. John C. McGreaor re: Edaewater Rent All Mayor Wessler stated she met with Mr. McGregor and discussed some of the things he's fixed and talked with Bill Vola and came to some type of agreement. She noted he fixed a quite a few items and said he'll put up a side rail and they've decided he wouldn't need to fix the head rail since the building's so old but would put a hand rail if it's okay with Council to do that. She said he wants an answer from the City Attorney if some items he fixed could be grandfathered. Ms. Clayton asked if it's the items he's already fixed that they discussed at the meeting and he wanted a refund. Mr. McGregor replied yes, but he wants a ruling on grandfathering because he understands with current codes the older buildings don't have to be brought up to current codes and they're grandfathered in. Ms. Clayton stated that wasn't the way she thought he wanted to enter into this because in the fire safety arena, even though you have codes that are amended on an annual basis and sometimes more often, the theory is the health, safety, welfare warrant those amendments and there's no reason things should not brought up to the 1 atest State requ i rements re 1 at i ng to hea lth, safety, and welfare but building codes are different. Mr. McGregor stated he's talking strictly about building codes and the reason is 99% of the older buildings in Edgewater wouldn't meet the current building code. He asked if they're not grandfathered in, do they have to meet the codes. Ms. Clayton replied the fire safety code operates on the basis of having periodic inspections based on a uniform and consistently applied inspection schedule throughout the City. She noted those inspections are done by the City with notice to the property owner and the property owner can elect most of the time whether or not to permi t the inspector in. She sa i d the Southern Standard Building Code will not have periodic inspections and the only time it will be determined that an older building is not in conformity with new standards is when an applicant comes in for modification or expansion and then it's based on the facts of the particular case whether or not it should be grandfathered for those things that are not up to code. She gave an example of doubling a building's size with electrical conditions to be brought up to code in order to install the new appliances which would require he rewire, but a screen porch with little interface with the existing building sometimes it's good to let well enough alone, but it depends on the jurisdiction and policies set by the commission. She said with a building code if he wanted to make changes to the building there's a judgement call as to how much of the building is retrofitted. Mr. McGregor said if that judgement call was made on his building then a schedule should be set up for a regularly scheduled safety inspection of all businesses in Edgewater and not just his. Ms. Clayton stated there's a difference between SSBC and the fire safety code and she believes he came in for a transfer of his occupational license. Mr. McGregor stated that's correct. Ms. Clayton said based on that there was an inspection under the fire safety code, not under Southern Standard Building Code. Mr. McGregor stated both codes were involved and there were 31 items on the citation with both codes and everything was corrected except for one or two items which he refused to do until he gets a ruling. Ms. Clayton stated at the meeting they decided they'd see if he'd be required to do those things. Mr. McGregor stated they had the meeting and she was going to give him an answer by May 16 but he never got her ruling. Ms. Clayton stated on the fire safety violations where there's a stair well with no banner and a head room that doesn't meet fire safety code, it's not necessarily a question of whether the fire safety code applies, it's whether he can use alternate improvements that are less costly to meet code requirements. Mr. McGregor stated that building's been in that condition with the lower head room for 39 years and all of a sudden they have to increase the head room by 7". Ms. Clayton pointed out it's likely to be determined he won't have to increase the head room. Mr. McGregor stated that's only because they're going to turn a blind eye to it and his building is required to meet the code or not. Ms. Clayton stated sometimes you don't want to ask a question because of the answer. Mr. McGregor said he wants to ask 3 Council Regular Meeting June 3, 1991 "'" .""., NEW BUSINESS (Continued) John C. McGreaor re: Edaewater Rent All (Continued) this question. Mayor Wessler explained Ms. Clayton's telling him what they discussed today and she1s asking Council to waive the 8" requirement to raise the head room to resolve his problem but if he's going to continue to ask about grandfathering, then she thinks Ms. Clayton1s saying it's best for Council to go against him on it. Mr. McGregor said he can accept that for now but doesn't intend to give up on grandfathering. Bill Vola, Fire Chief and Chief Building Official, stated Ms. Clayton is essentially correct regarding grandfathering. He explained there's no such term in any code in any way and it's very explicit in the first part of the Southern Building Code and standard fire code that says specifically this code is intended to be remedial. He explained when contacted, the SBCCI stated the purpose was to prevent any issuing of grandfathering acts in local jurisdictions because grandfathering acts accept the fact there are no hazards within a community that are not an acceptable risk, yet the community turns a blind eye to Mr. McGregor and that1s not an acceptable practice in modern times. He stated it exposes the community to a tremendous amount of litigation if someone should fall or be injured or die they could sue the community because the inspectors didn't make a correction for violation of a known hazard and there's no issue there. Chief Vola stated regarding the building code and this specific case the codes they dealt with were health and safety with rotting wood, lighting, and rodent proofing, etc. He said they didn't require the older style wiring be replaced unless it was a hazard and the list has distinct hazards, not code violations. He pointed out you cannot make someone rewire a building if it doesn't meet the code if there's not a hazard present, or if any addition creates a hazard. Councilperson Gillespie noted New Smyrna Beach required her to spend $1,500 on rewiring to move into a house. Chief Vola explained it may have had old post and tube wire and modern appliances would far outstrip the capacity. Councilman Hays asked if the outside stair way that needs the railing and the height of the ceiling come under building or fire safety or both. Chief Vola replied both and they1re specifically addressed in Chapter 5 or 7 of the life safety code and are identical in their requirements. Mayor Wessler stated Chief Vola says it cannot be grandfathered, it would have to waived. Chief Vola agreed. Councilperson Gillespie stated only historical buildings can be grandfathered. Mayor Wessler asked Mr. McGregor if he wants a waiver. Mr. McGregor replied he doesn't want any favors and it doesn1t alter hi s resolve to have the grandfathering quest ion answered. Mayor Wessler explained it would not be grandfathering. Mayor Wessler asked if he's requesting a waiver. Mr. McGregor replied yes. Mayor Wessler said it's a waiver for the head room but he'd have to install a hand railing. Councilperson Gillespie asked about the fire extinguisher. Mayor Wessler replied all the other violations have been taken care of. Councilperson Gillespie moved to grant Mr. McGregor his waiver in the head room arena so long as he installs the hand rail to meet the Fire Chief's specifications. Council person Martin seconded the motion. Motion CARRIED 3-2. Councilman Jones and Councilman Hays voted NO. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Ord. 91-0-5 Repealina Ord. 89-0-36 which prohibited soundina of railroad train horns and whistles between 10 p.m. and 6 a.m. at all public at-arade crossinas havina train activated automatic traffic control devices - Councilperson Gillespie moved to adopt 91-0-5. Motion DIED for lack of second. Res. 91-R-24 Authorizina appropriate City officials to execute Employee Assistance Program Contract with Act. Inc. - Councilperson Gillespie moved to adopt 91-R-24 for the Employees Assistance Program. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the Resolution. RES. 91- R-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN EMPLOYEE ASSISTANCE PROGRAM CONTRACT WITH ACT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counci 1 person Gi llespie moved they go to pub 1 i c hearing. Councilman Hays seconded the motion. Motion CARRIED 5-0. 4 Council Regular Meeting June 3, 1991 ~ ....." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readinq:(Public Hearinq) Public Hearinq on Development Aqreement for Windview Condominium. East side of Riverside Drive. North of Boston Road Attorney Glenn Storch stated this is the second public hearing on the development agreement. He noted this has been in the negotiation stage the past several months and this is the final product and it will be Edgewater1s first development agreement. He pointed out the neighbors, developers, and the City worked together on this project to have something everyone finds acceptable. He showed the site plan and elevation. He noted the City Attorney reviewed the development agreement and found it consistent with Statutes. He suggested an alteration to page 3, section 5, environmental, as the developer offered to remove the revetment and plant a border across the waterfront area and it should be subject to the approval of State and Federal environmental agencies. He explained the Mediterranean style with a buffer from the River. Alice Murphy asked if helll have plantings on the property. Mr. Storch replied yes, explaining they1re grass lots now with no real stormwater runoff and the developer agreed to provide extensive landscaping detail as well as estuary plants. Norman Billups asked the elevation of the first livable floor from the high water line. Mr. Storch replied maximum is 261 above from finished floor elevation and it will be filled to the minimum possible level to assure Federal flood insurance issuance. Jim Davenport stated itls 8-1/21 to 91 for ground floor. Councilperson Gillespie said it was 91 as of noon today per FEMA. Councilperson Gillespie asked about putting the bike path across the front of the property with the river walk as itls a joint use facility. Mr. Davenport replied the engineer included that in the set back. Councilperson Gillespie said she's talked to the Corps of Engineers and looked at the docks and therels no problem with the boat dockage. Councilperson Martin moved to close the public hearing. Councilman Hays seconded the motion. Ms. Clayton suggested audience comments in case of opposition. Mayor Wessler said she'd asked and there's no opposition. Motion CARRIED 5-0. Councilperson Martin moved to approve the proposed development agreement for the Windview Condominium as recommended by LDRA with amended language. Councilman Jones seconded the motion. Councilperson Gillespie asked that it be contingent on the wi thdrawa 1 of the hote 1 request. Mr. Storch i nd i cated yes. Mot i on CARRIED 5-0. COUNCIL/OFFICERS REPORTS Interim City Attorney - Ms. Clayton had no report at this time. Actinq City Manaqer - Mr. Munoz stated Chief Vola has an offer to sell some tanks they cannot use any more. Chief Vola said he was approached by Hazardous Materials Clean Up Company that was interested in purchasing old steel air tanks that went with the older style air packs. He said it would be about $225 per tank and that's a fair price for both parties.. He said held need approval to dispose of those old style tanks. Councilperson Gillespie asked how many there are. Chief Vola replied 10 or 12. Councilperson Gillespie asked if these were valued at $250 two years ago. Chief Vola replied they entered the fire service about the same time he did and theylre quite outdated. No Council member objected to his request. CITY COUNCIL Councilman Jones stated theylre spending a lot of money and just spent $30,000 for a consulting firm to come in but he wants Mr. Munoz to find out what it would cost for some cushioned fold up chairs for the citizens as these people are paying the bill. 5 Council Regular Meeting June 3, 1991 --- ...., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie asked Mr. Munoz about his Ernst & Young request. Mr. Munoz stated the auditors have dinged us the last couple of years on se If- insurance because we didn't have incurred but not reported liability and they recommended on the last CAFR (annual report) to have an actuarial firm do this study. Councilperson Gillespie said she checked and it would be about $6,000. Mr. Munoz replied Haywood Knowlton provided him several names of firms to do this work and he'd like approval to go out for CCNA for this service. Council- person Gillespie moved for that because she talked to the Insurance Commissioner's office a year ago and they recommended an actuary do this and she couldn't get the last Council to do it so let's see if this Council will do it. Councilman Hays seconded the motion. Ms. Clayton said she's not sure that's what they'll get as they have a request to itemize what's incurred and not reported risks and it will be an entirely limited analysis. Council person Gillespie said it would be cheaper, maybe $1,500 to $2,000, since the full one was $6,000, since they'll just tell us what to set aside for those little things that come up under the tort law. Ms. Clayton explained this an estimate of what your contingent but unreported items might be and there are two kinds of insurance reporting with claims made when you're insured under an insurance policy only for claims made while the insurance policy is in effect and the other version is regardless of when the claim is made they'd be insured if the claim occurred during the time you had the policy. She said generally you find if you only have one policy, the claim will be made in the other situation. She said this is to identify for a self-insured insurer how to estimate whether or not they are reserving enough for those claims not yet known to them when they close out the year. Councilperson Gillespie said they could go back on the history of prior settlements. Mr. Munoz said the Self-Insurance Committee consists of the City Attorney, City Manager, and Bill Jennings and the Council approves or denies over a certain amount. Councilman Jones asked the price from the company. Councilperson Gillespie said it's CCNA which means they go out for bids as they did with the survey. Mr. Munoz said it's so small in scope they probably could go out for bid. Council person Gillespie said with CCNA they usually come out ahead. Mayor Wessler suggested they get more information on this. Mr. Munoz said in the 1990 and previous year's audit it was pointed out they did not have this liability incurred. Mayor Wessler suggested they get an estimate. Councilman Hays noted it was recommended at audit. Mr. Munoz agreed, adding he gave them a copy in the THINGS. Motion CARRIED 4-1. Mayor Wessler voted NO. Councilperson Gillespie stated she'd like Resolution 89-R-35 placed on the next regular meeting agenda for possible consideration for repeal and it's for the Miami law firm. There was no objection. Councilperson Gillespie said after a conversation with Utilities Director Mr. Wadsworth she moved to accept the cost estimate of $21,746 from Saunders Aspenwall and Associates, Incorporated, to repair the two South Riverside Drive lift stations as discussed at the Mach 25, 1991, Special Council meeting and the estimate then was $70,000 and since then the situation has worsened and since both lift stations were manufactured by the same concern and only one firm has approval to provide repair service for this equipment this fits our section 9- 26 (2) determination of Council, section 9-27 (1) and the need and meets the Code section 9-27 (4)(a) only obtainable from one person or firm. She said they don't have to go out for bids because only one person can do it, the need is there, and they've already discussed it, and it's coming back now by motion. She said she has a copy from Terry Wadsworth on the price. Councilperson Martin seconded the motion. Utilities Director Terry Wadsworth said the $70,000 cost was arrived at by the engineer for completely rehabilitating both lift stations and it did involve work to the wet well controls and everything else and they contacted the manufacturer in Kansas and talked to our State representative and met with them and went over the pumping curves and options to upgrade these stations at a minimum cost and the $21,000 is for both lift stations and it will double the pumping capacity at lift station 2 and increase by 60% capacity of 1 i ft stat i on #1. He added there won't be a lot of outs i de construct i on or lengthy work and these people are the sole representatives in Florida and you have sole source with people who install the equipment and to take care of it during the warranty period. Councilperson Martin said she received a call from a neighbor who began having the same problem she had about 3 weeks ago with sewer gas in the bathrooms and she's been working on this since the days of Mayor Christy. Motion CARRIED 5-0. 6 Council Regular Meeting June 3, 1991 ... ..... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie said to respond to public requests regarding decals for the Ch i ef I scar, he to 1 d her they Ire negot i at i ng to order Edgewater spec i a 1 original decals and he has bids from 10 firms and has small ones in the window now and she'll keep on it, it's been going on 7 months. Councilperson Gillespie requested Council's support for a letter to the Volusia County Council reiterating our need for the widening of Park Avenue from Old County Road to Wildwood Subdivision for safety and protection of our citizens. She said she talked with City Engineer Gates Castle this afternoon and he informed her they're going ahead from the railroad track to u.S. 1 and they may postpone indefinitely widening from there out to Wildwood and the whole idea was to get a bike path to Wildwood for the children. Mayor Wessler agreed they could write the letter and suggested she go to the County Council meeting on Thursday because from Wildwood to u.S. 1 is on the agenda, or perhaps they could call the County Council members. Utilities Director Terry Wadsworth stated he and Gates met with the County and the specific problem is right-of-way acquisition in the vicinity of Wildwood and they've been unable to obtain them there and they're not planning to postpone indefinitely but to go ahead and do the portion they have the money for where they have the right-of-way acquired and theylll continue to work on right-of-way acquisition from the tracks to Wildwood. He said they feel a couple of businesses might suffer irreparable hardship due to widening in the area. Councilperson Gillespie stated since they'll be having the 91-92 budget hearings starting in late July/August that theylll have an amended 90-0-35 by the first meeting in July for first reading. Mr. Munoz said that might be a little early and they'd rather not make more than one budget amendment and late July or early August is the best time. Councilperson Gillespie moved to request a financial audit for the CIP program from October 1, 1986, to October 1, 1990, by Brent Millikan & Associates in New Smyrna Beach. Councilperosn Martin seconded the motion. Mayor Wessler suggested they go to CCNA or bids if they want to do this. Councilperson Gillespie said she asked the City Attorney and got the statement it didn1t need to go to bid. Ms. Clayton stated CCNA requirement for the audit has to do with the annual audits that are required of cities and counties and she can't tell them if it applies to regular services for routine matters so she'd have to advice whether or not the certain CCNA requirement for the annual audit would apply for specific purposes as well as annual audit. She suggested the motion could be subject to the determination whether they need CCNA. Councilperson Gillespie amended her motion. Councilperson Martin amended the second. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. Councilman Hays stated he received a letter regarding the street light fees and it's been coming up for months and held like to resolve it. He said there was dialogue as to whether it was a street light fee or street light impact fee and they have $65,586.32 in the fund. He suggested they try to convey to the public information as to the process for requesting and acquiring a street light as some people may not be fami 1 iar with it. He suggested perhaps they use the water bill as an information system. He stated people have paid their fee and he understands not every house will have a street light but there's a need for lights in some areas and the people should get what they paid for. He requested Council1s support. Mr. Munoz explained Gates Castle will work with a street light committee to determine where street lights are needed and it's little or no cost to put it in but the City's ongoing cost is electricity in the future. He pointed out the problem was whether a challenge could prove the street light fee was a street light impact fee and there would have to be refunds on money spent on capital items. He noted there was going to be a challenge and they were going to have an attorney determine the status of the funds and they haven't used the funds because of pending litigation. Councilman Hays said he thinks it's time and the man1s letter said held wait a reasonable amount of time and then helll file suit in small claims court so they need to address this. Mr. Munoz said they only have $65,000 and can have a liability much greater than that and they have been conserving the money they have. Councilperson Gillespie stated she paid a street light fee but has no desire to have a street light and anyone can fill out the form. Mayor Wessler suggested Mr. Munoz check into it and bring back a report. Councilman Hays asked about gas in the water lines on u.S. 1 at the Jet. Mayor Wessler said they called Volusia County. Mr. Munoz noted Terry Wadsworth said it wasn1t a problem. 7 Council Regular Meeting June 3, 1991 . .... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Utilities Director Terry Wadsworth explained when the crew was working by Jet they ran into a strong scent of gas and they notified Volusia County Environ- mental on Thursday and they came down late Friday and said they were aware of the problem and Jet had a problem in the past and had corrected it and they were supposed to take further action by removing soil or providing for soil ventilation. He said Volusia County Environmental is still in contact with the company owners to be sure the proper action's taken and it's not an environ- mental risk now, it's just a matter of following up incidental matters. Councilman Hays asked to consider a letter to the County regarding the shell pit on Mango Tree by Public Works and see if they'd be interested in deeding the property to the City of Edgewater since they're not using it. He said it would be an asset to our area and a great possibility for effluent retention. He said they could pursue an interest from the County. No Council member objected. Councilman Hays said about a month ago they discussed what they1d do in the Community Center so kids could have dances this summer and after that meeting they discussed possibilities. He noted under the stage is full of records and Chief Schumaker needs a place for evidence. Mr. Munoz said they looked at it and talked bout lowering the floor which would be a great expense. Planning and Zoning Director Mark Karet said he contacted the group of individuals doing the survey along Riverside Drive and they agreed to give us a survey at an excellent price and that will be the first step to determine where to locate a structure, whether directly behind the current City Hall or up on the hill behind the Police Department, and then plans will be drawn up. Councilman Hays said held like the Community Center to be turned over to the community. Mr. Karet said the purchase order was issued for the survey. Mayor Wessler stated a couple of weeks ago she was told there was a drummer making too much noise and found there's a noise ordinance but they don't have a deci be 1 mach i ne. She asked Ch i ef Schumaker how much it wou 1 d cost for a machine. Chief Schumaker replied he doesn't know but one of the other factors is the type of equipment will need a certified operator and will have to send someone to school to run it, similar to radar. Mayor Wessler asked him to give them an estimate to have the machine and certify someone. Mayor Wessler said regarding the consultant they hired, all Council have been notified about their time and place for meeting with Mr. Sheets this week. She said she was called and told Ms. Clayton would be a part of this meeting and she doesn1t know if Council wants to pay her for that and it may be more appropriate for Mr. Munoz to do that. Councilperson Gillespie said she thought Ms. Clayton was picking him up at the airport and bringing him over here, and asked if she'd be charging. Ms. Clayton asked if they should negotiate. Mayor Wessler stated Mr. Munoz is in charge of the City and in charge of handling the City adminis- tratively. She added if Mr. Sheets has a problem getting here, perhaps he could rent a car. Councilperson Gillespie stated she doesn1t have a problem either way and she can make an appointment with Ms. Clayton whenever she wishes. Mayor Wessler suggested it be after 5. Councilman Hays asked why there's an objection to Ms. Clayton, is it the finances. Mayor Wessler replied yes, for her $165 an hour and they hired a consultant to come over and do a job which concerns Mr. Munoz and his departments and the legal staff has no administrative duties and it's not a legal matter and Mr. Munoz is more inclined to do this. Council- person Martin asked if she feels Mr. Munoz has enough experience as an Acting City Manager to he 1 p wi th th is. Mayor Wess 1 er rep 1 i ed yes. Counc il person Gillespie said whenever Mr. Sheets can get to her house on Thursday she'll call Mr. Munoz and tell him Mr. Sheets is there. Mayor Wessler suggested he could come to City Hall. Councilperson Gillespie said she doesn't want to meet him at City Hall, she wants him to come to her home. Mayor Wessler suggested Mr. Munoz could bring him there and Councilperson Gillespie agreed. Mayor Wessler stated that's not the issue, it's $165 an hour and who's in charge and who's not in charge of the City. There were no other objections. Mayor Wessler asked Mr. Munoz to clear his schedule for Wednesday and find out from Ms. Clayton what time the appointments are and perhaps work with her on how Mr. Sheets can get here, possibly he can rent a car. Councilperson Gillespie stated Mrs. Wadsworth gave them a note about their other candidate (for City Attorney). City Clerk Susan Wadsworth stated she spoke with her husband this morning and she's out of town and will be back tomorrow and 8 Council Regular Meeting June 3, 1991 "'wo ~ COUNCIL/OFFICERS REPORTS (Continued) C;ty Coundl (Continued) she'll call and an appointment will be set up and she'll let Council know as soon as it's scheduled. Councilperson Gillespie stated they need it as soon as possible. Mayor Wessler suggested they try to set it for 4:30 on Wednesday (5th) if possible. Councilperson Gillespie stated she's guest speaker for the Pelican Cove West Homeowners Association at 7:00 Wednesday night on effluent return. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Monty McMullen, Edgewater Landing, stated they'll be paying the same amount of taxes as the rest at this time next year and it's up to them to get the rest of the mobile homes in on the action but all those who own their land will start paying. Mr. McMu llen asked Council to re-address grandfathering and referred to an instance he was involved in, adding grandfathering takes place on certain occasions even with fire codes. Dave Short, 804 Fernald, thanked Council person Gillespie for support on the train horns and asked if Council's going to wait until someone is killed at a railroad crossing and then rescind the ban. Councilman Hays exp la ined he originally supported it but withdrew support tonight because of the number of callers who were not verbal the first meeting and they live along the tracks and very strongly object to this. He added he reviewed it more and doesn't recall an accident at one of these gates at night and several callers said people who are hit by trains do it trying to dodge gates by going in between them. He pointed out the majority ru les and the majority didn't want it. Mayor Wessler said she withdrew because with 4 children in a van she cannot hear a train horn when she comes to a crossing and doesn't think it's necessary. Councilperson Martin stated she originally didn't support this because it's not induced any accidents but otherwise if there had been one accident or a series of accidents she would have said it was a poor choice. Councilman Jones said he was originally against the ordinance and the reason is all the accidents he's researched were in the day time in this area. He noted perhaps in Miami or farther South there may have been some in the early morning hours. He pointed out they have gates and bills and flashing lights and for the few that travel that time of night outweighs those living along the tracks. He noted usually when there's an accident it's someone intoxicated or trying to beat the train. He stated he's never seen it happen during the night in the 15 years he's been with the Fire Department and he feels the people deserve a good night IS sleep. He expressed concern for safety and pointed out if the gate isn't down and lights aren't flashing, the engineer will blow his horn. Mr. Short stated the engineer doesn't always know the gate's not down. Councilman Jones explained the program they have with signals. Councilperson Gillespie stated only one man wanted to take them off and everyone else wanted the train whistle back because it gives them solace and comfort. She noted the whistles were turned off just 4 years ago. She pointed out there are 22 tra i ns a day through here and one spec i a 1 and tra i n horns have been blowing the last two months at night because she hears them. Mr. Short stated he'll have to live with that if people would rather not have their sleep disturbed. Andy Anderson, 1730 Pine Tree Drive, stated when the gates come down, bells ring, and lights flash at the train crossings and anyone can feel the rumble of that engine and if they're not made aware of it, they're so numb they shouldn't be on the roadway anyway. He stated there are a lot of sick people and they deserve their sleep and he lives one half mile away and can hear it coming. He commended Council for sticking with their decision. Council person Gillespie stated we just spent $57,000 to upgrade the crossing at Roberts Road. 9 Council Regular Meeting June 3, 1991 . '. . ....... ~ CITIZEN COMMENTS (Continued) Doris Hill, Lincoln Road, stated she appreciates the letters about the CIP and rates. She personally thanked Mr. Munoz for the information. Mrs. Hill asked the cost to audit the CIP. After brief discussion, Councilperson Gillespie said it should be under $30,000. Mrs. Hill asked if this will delay the CIP. Councilperson Gillespie replied no. Mrs. Hill stated she hopes it will be worth it as the CIP has had so much scrutiny she fails to see why they're making an issue of this. Councilman Hays explained he's had numerous people bring this topic up and the bottom line is from the inception of the CIP there were millions of dollars spent and they want to know where their tax dollars went and they have a right to know. Mrs. Hill pointed out the motion didn't include an audit from inception. Councilperson Martin stated they campaigned ont he idea they'll find out where the $3 million went for the last four years and Mrs. Hill as a taxpayer should want to know. Mrs. Hill stated she feels it has been explained to her and doesn't have a problem. Councilperson Martin asked if she can explain it to her. Mrs. Hill noted some people will feel the money went down the drain for nothing. Councilperson Martin stated they want to know if it was expended faithfully and what they bought and they wanted that during the past election campaign and still want it. Mrs. Hill stated they campaigned that too much was spent on outside consultants and they're doing a good job of spending on consultants. Mayor Wessler pointed out she never said anything about spending money on consultants during the campaign. Hal Jones, Sabal Palm, stated at the intersection of the tracks at Roberts Road where the wooden bike path comes out right at the tracks on the street he had a scare with 4 children riding in front of him with dark clothing and no lights. He said they need to get more lights or divert it another direction because they come right out, and it's where the wooden part stops at the roadway. Mayor Wessler stated they have safety programs and bike rodeos and the Police get involved but they have to leave some of the training to the parents. Mr. Jones asked if it can be redirected instead of crossing on the road and go across the tracks rather than intersecting right at the tracks on the East side or take the curve out. Mayor Wessler said probably the wooden thing shouldn't be there and it should come right out from the park and have a cross walk there. Council- person Gi llespie asked if they have a diverter with the two walls. Parks & Recreat ion Director Jack Corder stated it was put that way because past administration didn't want to do anything with the railroad crossing. Mayor Wessler suggested abandoning it and coming up from the park. Mr. Jones pointed out there's more 1 i ght at the park that wi 11 he 1 p wi th the schoo 1 and park there. Councilperson Gillespie stated it's been approved to have a security trailer at the school at the front corner near the tracks. Mr. Jones agreed the light from the school will help you to see the kids better. Mayor Wessler said if we put a cross walk there we'd have to talk to the County. Councilperson Gillespie stated we haven't accepted the road there but they've dumped it on us. Mayor Wessler said it is not our road, she's talked with County Council and asked whose road it is and it is their road. She added they offered it to us but it doesn't make a difference until it's accepted by the City. She asked Mr. Munoz to check with the County to see if there's a problem. Counci lman Jones asked if lighting's also a problem. Mr. Jones said there's no light there. Councilperson Gillespie suggested Mr. Corder put scenic lights there. Councilman Jones requested Mr. Corder bring something back to Council. ADJOURN Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion, Meeting adjourned at 8:46 p.m. Minutes submitted by: Lura Sue Koser ~~rt~~ J. CITY CLERK }j~ Approved this 1..s::J- day of , 199-L. ."