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01-07-1991 - Regular*%-fir CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 7, 1991 MINUTES CALL TO ORDER Mayor Tanya Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Present Councilman Kirk Jones Present Councilperson Louise Martin Present Councilperson NoraJane Gillespie Present Councilman Michael Hays Present City Attorney Jose' Alvarez Excused City Manager Elly Johnson Present City Clerk Susan Wadsworth Present Police Chief Lawrence Schumaker Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was a pledge of allegiance to the Flag. Special Meeting & Workshop of December 6, 1990 - Councilman Hays stated he noticed under the roll call City Attorney Jose' Alvarez was excused. He asked if they could reflect he was present but excused from his duties. Mayor Wessler stated she had excused him which is in the first line. She asked if he wants it to say he was in the room. Councilman Hays replied yes. Councilperson Gillespie moved they accept the minutes of December 6th as corrected. Councilperson Martin seconded the motion. Motion CARRIED 5 -0. Regular Meeting of December 17, 1990 - Councilman Hays stated on page 11, in the middle of the page, there was discussion regarding the street light ordinance and also the utilities service and in that discussion a suggestion was made and they agreed to not put this on the agenda until they had the new Attorney on board and he'd like that reflected in the second and third paragraph where it began "Councilman Hays.. ". He explained it's reflected in the second paragraph but not the first and that was his understanding why they tabled this. Mayor Wessler pointed out it says in the third paragraph "it was suggested they talk to the Attorney when they get one on board ". Councilman Hays said because it was a separate paragraph, could they include it. Mayor Wessler said she doesn't think it's necessary. Councilperson Gillespie moved they accept the minutes of December 17th. Councilman Jones seconded the motion. Motion CARRIED 5 -0. CITIZEN COMMENTS George Ewing 2923 Royal Palm, stated he read a letter in the newspaper a couple of months ago regarding cable TV which reflects his sentiments. He read the letter concerning the lack of TNT for New Smyrna Beach viewers. He said TNT has the largest film inventory in the industry and they offer outstanding sports reporting and events and other programming. He said TNT is offered by Cable Industries to 5 of the 9 localities it services in Central Florida, but not to Edgewater or New Smyrna Beach. He asked why they pay first class prices for third class service. He asked the City Manager to answer that letter. He said he's in complete agreement with the letter. Mr. Ewing said he brought up the subject a few months ago about upsizing of the water main line with the fee to be paid from the water system impact fee funds and he disagrees with using impact fees funds for upsizing a water main. He read an excerpt of the ordinance related to impact fees "proceeds accumulated by reason of the establishment of an impact fee can be used only for the expansion of the primary water system or the primary sanitary sewer system." He stated this shouldn't be approved and money shouldn't be taken out of impact fees and he questions how often it's been done in the past. He referred to the upgrading in front of the new school when he'd mentioned the County should pay for it. *4W CITIZEN COMMENTS (Continued) Dominick Fazzone 302 Paradise Lane, read a letter addressed to the citizens of Edgewater that was used when he ran for office. He said in the last 3 months an item pertaining to CIP has been brought forth to Council and each time it was put off by this Council and on December 17th the raising of water and wastewater fees was tabled. He said the engineering firm will speak tonight and it's easy for citizens to sit in the back and tell them what to do, but it's very hard for Council to make up their mind on such an important item as the CIP. He said they have to start somewhere and the first step they should put into being is to raise water and wastewater rates because it affects the entire City and it's needed for the future and it won't benefit just Florida Shores or Shangri -La or others, it will benefit the whole City and get the CIP going. He noted if they never lay out sewer, this $15 million bond issue, the increase in water and wastewater fees would pay for itself and they'd start the program and it would let the State and County know we're serious about the CIP. He stated the people have spoken, and he feels they have qualifications and they put their trust in Council to make these right decisions. He stated they shouldn't keep putting it off and they should do it as soon as the law allows. Mrs. Inman Travelers Palm Drive, stated she's Chairman of the bike path now and since 1990 they received $2,242.25 and B &S will turn in January 15th as they don't have all the canisters in yet. She said they'll be selling T- shirts at the new school and their carnival. She said last week she had several complaints about skateboarding on the new sidewalk and a couple skateboarded on the road and jumped out on Roberts Road and two people almost hit them. She suggested they do something about this. She stated they should have fences around drainage ditches because they're skateboarding there also and if they go into the ditch it will be bad for the City. She said they need a place for them to skateboard because they were riding down the sidewalk, and she took her bike and couldn't pass them. She said they could get help from Gates Castle, who she feels is overloaded and should have help. She said she wouldn't have wanted to come into something like he came into. She said she understands Dyer, Riddle charged them $15,000 for their mistake and she wants to know who pays for that. She said she's going to the County Council next month to talk about Park Avenue bike paths. Mrs. Inman said she received late this afternoon, thanks to the City Attorney they had, the road impact fees for Edgewater from 1986 to 1990 of $1,302,200 and the delinquent amount still owed by property owners is $97,456.64 and that was before the City cooperated with the County and required a paid receipt for impact fees before they issued a building permit. She said she'll provide copies. Mr. Johnson noted he'd given it to Council and it's less than 30 days old. Gary Barwick Municipal Sales Leasing, Lakeland, Florida, spoke on the recommend- ation to award bid for the new refuse truck to Solid Waste and Recovery Systems of Jacksonville. He stated Solid Waste bid the same unit he did and according to Pak -Mor, which is the brand of the truck, they're the authorized dealer and the dealer in Jacksonville was appointed to do business in a small area and Jacksonville has a law if you want to sell anything to the City, you have to have a business in that County. He stated he's the Pak -Mor dealer in Georgia and Florida and they sell 75 units a year and are about a $6 million a year company. He said they submitted $215 higher for what appears to be the same unit and they feel they should be awarded the bid because they included a couple of items in the bid that weren't asked for but were in the City's best interest and they felt they should bid it this way. He stated they bid a unit with heavy steel and the bid called for 3 /16th tensile steel but his experience is that with the floor moving, the steel tends to wear out. He pointed out their bid shows it exceeds specifications and it's more than $215 and they felt it would benefit the City and the truck would last longer. He said there's also a question of parts availability and they're the parts and service and they have on the road service personnel on call any time. He said there was a question about the other company's ability to provide parts and service for the unit. He added the City of St. Augustine is one and he gave the number to the Mayor and she called them because there had been problems in the past. He stated if there's a warranty claim, they're guaranteeing parts and service with Municipal Sales. He said the Pak -Mor representative for the factory called Mr. Overstreet and informed him Municipal Sales was the authorized dealer. He stated this is territory jumping and the gentleman bid the unit but he feels they deserve it on those grounds that they exceed the specifications and provide parts and service and the Mayor verified what he's saying and she got a favorable response from the City of St. Augustine about problems they had before. 2 Council Regular Meeting Minutes January 7, 1991 n CITIZEN COMMENTS (Continued) Jake Lodico 302 N. Riverside Drive, stated he's lived here 30 years and they're told the City will raise taxes and the Cable TV charges $1.50 more and doesn't inform you they they're going to raise it. Endorsement of JoAnne Sikes as City's nominee fo the Year Award - Councilperson Gillespie stated pleasure to move to accept the consent agenda Historian, JoAnne Sikes, as the City's nominee fo r of the Year award. She added she served with her 1. Councilman Hays seconded the motion. Motion le wi r Volusia County Historian of it gives her a great deal of where they endorse the City the Volusia County Historian on the Committee and she's A- CARRIED 5 -0. Bob Manager of Cablevision Industries - Bob Bevis General Manager of Cablevision Industries, stated rate increase notifications went out by first class mail more than a month before the increase went into effect and they met requirements of the franchise. He said the mailing list was taken from the subscriber list. He explained TNT cannot be added now because they don't have a channel to put it on. He said they just added preview guide on Channel 2 and the reason they couldn't put TNT on that channel was because of the strong Channel 2 off air signal they receive and some old TV sets won't reject that Channel 2 signal. He added if they tried to put a video channel on, it would interfere and cause a venetian blind effect, and they've reserved that channel for years for that reason. He said they can use it for a character generated type guide. He said newer TV sets don't see interference but the older ones that aren't sealed as well don't keep out incoming interference. He said they added WKCF in September and the two major requests they had were KCF and TNT and the interest in KCF was higher at the time they took the survey. He said both are very good services and they had to make a decision on which to add and it's caused some problems. He explained they moved inspirational from 27 to 15 with the Sunshine network and got a lot of complaints from people who wanted inspirational full time but they thought this was in the best interest of most of the subscribers. He said the weather channel went to 27 and put WKCF on 5 and it filled the channels they have. He stated starting almost immediately and finishing before mid -year they'll be upgrading the cable system channel capacity and there will be some cable and some amplifier replacements but mostly module change and moving around of amplifiers to give them 50 + channels in this area and then they can add all the things the people want. He stated it's scheduled in July or August and will be completed this year. He pointed out rates are a big issue and they can't do it now because they don't have room to move channels around but they'll add a basic reception service that has all the local off airs and WTBS and WGN and all the super stations and a couple of other channels and it will be sold for $10.95 a month for those who don't watch much TV but want good reliable reception. Mayor Wessler asked why Councilman Jones gets cable and John Cory on the other side of the street doesn't get it. Councilman Jones stated it's in the service area and they've been trying to get service for 4 -5 years. Mr. Johnson explained that was the inquiry he recently sent to Mr. Bevis. Mr. Bevis said he looked into this in April or May last year, there's a limited number of poles and they have a cable along a canal and it ends with the pole line and there are trees. He said they have one underground cable from the pole to a house at 425 or 423 and there's service at that address but it's totally overgrown and would be almost impossible to put a cable there. He introduced his technical man. He added they hope to redesign it and feed it from the other direction. He said this part of the rebuild will be a little later and they'll address it another way. He requested two weeks to have an answer. Councilman Jones noted every time they offer a special to get people on cable, they send these people a letter and they get all excited, then a man comes and looks at it and never shows up again. Councilman Hays asked if this is the only area in the franchise service area they have problems with, or are there other pockets with problems. Mr. Bevis said they're constantly finding pockets where they build a house and they have to extend and they get "can we serve" requests and as soon as they get enough homes in an area, they'll service it. Councilman Hays asked what it is now. Mr. Bevis replied it's about 40 homes per mile for a decent return on their investment and they build down to 15 -20 so they're far exceeding the normal accepted building requirements. Councilman Hays asked if it's 40 homes per mile on one lineal run. Mr. Bevis replied yes. Councilman Hays asked if that's required to get a return on their investment. Mr. Bevis replied yes. 3 Council Regular Meeting Minutes January 7, 1991 Iftr NOW (Continued) le T V ordinance 84 -0 -8 with presentation Manager of Cablevision Industries (Continued) Jake Lodico asked why the News Journal lists all the stations and they're looking at different numbers. Mr. Bevis explained the Daytona Beach guide is a different cable company. Councilman Hays asked if the rate increase is imminent. Mr. Bevis explained it's already happened. Councilman Hays stated under revenue sheets they get on a monthly basis Cablevision franchise is budgeted at $27,500. He asked if that line will change when they change cable charges. Mr. Bevis replied yes, because the franchise fee is based on a percentage of their revenues. Mayor Wessler stated they want cable for these other people. Councilperson Gillespie thanked Mr. Bevis for coming, adding that she'd written to him because of 21 telephone calls and they still have trouble and would like a phone bank service. Mr. Bevis said they sent a letter telling them TV Host was optional and if they didn't want it to call and they were receiving about 3,000 calls a day but it's clearing up now. He reviewed abandonment rates. Councilperson Gillespie asked if they'll be going off service at night while they're doing this work. Mr. Bevis replied they're undertaking a major rebuild or upgrade and there will be service interruptions but they'll try to have all to the trunk cable completed before 9 a.m.. He said distribution legs they'll work on until about 2 p.m. and they try to finish by noon because of soap operas. He said they'll have a lot of night work and will start about 3 a.m. and will notify the Police Department of the area they're working in and will be asking for access to back yards and will coordinate with them and will only be in one area a few hours. George Ewing stated the basketball season will be over in June or July and they should drop one of the mediocre stations and hook TNT in. Mr. Bevis said when you try to drop a station you find many people say it's their favorite station. hurch. reauest to hold Pro- and Rally January 19, 1991, from Menard Park along Riverside Drive into New Smyrna Beach - Councilperson Gillespie moved to allow this, it's been done before and the Police said there was no problem so she moved to allow it. Councilperson Martin seconded the motion. Motion CARRIED 5 -0. Upsizing water main line from 8" to 10" to Boyce Industrial Park on West Marion Ave. at cost of $3,000 to be paid from water system impact fee funds - Councilman Hays moved they deny the incremental upsizing cost. Councilperson Gillespie seconded for discussion. Mr. Johnson stated it's not a matter of approving or disapproving, the contract was signed and this is standard procedure and it's part of the primary system, not a secondary system. He added they can bring the line up to service not just to serve the one property but others in that area as they did on north U.S. 1 and other areas. He explained it's a standard process all cities use and they can get lines in quicker than they can afford to do themselves, and they negotiated because the first price was too high. Councilman Hays said he read ordinance 83 -0 -19, section 19 -45, and asked if this has been done in the past and how often. He expressed concern that it's contrary to the ordinance. Mr. Johnson stated it's not contrary to the ordinance and it's part of the primary system and has been done in the past. Councilman Hays pointed out the ordinance says expansion and not upgrade. Mr. Johnson said it's an upgrade from 8 to 10 or 12" for upsizing and it's areas that have not had adequate water and they've done quite a few and can put the transmission line in. He said he doesn't feel there's a conflict with the ordinance and with the impact fee, and they've done it at least 3 times since he's been with the City. Councilperson Gillespie stated she doesn't agree with its being paid out of impact fees and Mr. Ferland said Council's allowed to use impact fees but they don't have to, they can take it out of repair and replacement or unappropriated. She said her objection is the fund it's coming from and she wants impact funds for expansion of the system. Mr. Johnson stated that's exactly what they're doing. Councilperson Gillespie said she attended the LDRA meeting when he agreed with it but she wants it paid out of other than impact funds. Mr. Johnson stated there's no conflict with the ordinance. Mayor Wessler asked what fund they could use. Councilperson Gillespie replied unappropriated or renewal and maintenance. Councilman Hays stated his objection is to impact fees and they could take it from something else but the point is not whether it's been done in the past but 4 Council Regular Meeting Minutes January 7, 1991 NOW wnetner it appropriate and he's not convinced it is. Mayor Wessler suggested they put this ordinance on the next agenda for the next regular meeting and better define it. Mr. Johnson stated it's a little more involved and he doesn't think they want to do that until they do the rate study. He suggested they make the motion to come out of unappropriated funds in the water and sewer fund and that will take care of it, and when they address the impact fees later, they could look at it then. Mayor Wessler asked Councilman Hays if he'd be satisfied with that. Councilman Hays replied it's not a question that it has to be done, but it's how they do it. Councilperson Gillespie withdrew her second and Councilman Hays withdrew his motion. Councilperson Gillespie moved they pay this but out of unappropriated funds. Councilperson Martin seconded the motion. Motion CARRIED 5 -0. George Ewing stated he disagrees with Mr. Johnson because he's twisting the English language, it says expansion of the primary system and this is not expansion of the primary system. He said about a year ago he checked the impact fee funds and at that time period for the 3 years beginning in 1986, there were over 900 homes constructed in Florida Shores and on that basis about $900,000 was collected for impact fees and he thinks that fund has been stripped and somebody should investigate it because he thinks it's been misused. He said if they're collecting an impact fee they should be used for the proper purposes and stay strictly by the ordinance and use it where it should be used. Mayor Wessler stated they need an attorney to change anything but put it on the agenda so they can decide if that's what they want. Mr. Johnson stated they shouldn't act on it until they go through the process because impact fees have gone through courts and there were court decisions. Mayor Wessler asked that he put it on to discuss it. Mr. Johnson stated he heard accusations from Mr. Ewing on several occasions and he'd welcome an investigation because they're required by law to file certain forms with the State. He said there has been no misappropriation of funds since July, 1989. He stated part of the money from impact fees is to upgrade the plant and replacement of parts at the plant when other funds are not available and they can pull a detail. Mayor Wessler stated they're without an attorney and when they get an attorney on board there will be an investigation into everything. Mr. Ewing stated Mr. Johnson is accusing him of something he didn't say, he'd asked for an audit on where the money is going. Mayor Wessler stated he's not accusing anyone and this is not a trial. She added anything that's been misappropriated can be looked at when they get an attorney and they can open themselves up to lawsuits that will cost a lot. Mayor Wessler called a 10 minutes recess at 7:50 p.m. She called the meeting back to order at 8:05 p.m. Presentation by Dyer, Riddle, Mills & Precourt, Inc. on financial impacts of capital improvements program - Ron Ferland Project Manager, Dyer, Riddle, Mills & Precourt, Inc., stated regarding the impact fee question, one of the reasons the water impact fee balance is so low is the Park Avenue expansion was paid for on a commercial bank loan that over the 3 year period and the pledge to pay back the bank loan was solely impact fees. He explained the majority of what was spent was to pay off that loan. He pointed out the ordinance requires certi- fication by the consulting engineer as to whether a project or facility is impact fee eligible and they deemed the Boyce project was eligible just as they certi- fied 12" lines along U.S. 1 fronting Edgewater Landing. He said in 1987 a Water System Master Plan was developed and there were certain lines that were proposed to pay for system growth and they recommended in the Master Plan as a policy that lines be put in as developers initiate the project and it's to serve that industrial area. He explained the 10" line is what's needed for the entire area and is the basis for upsizing as an 8" is all that's needed for that development but 10" is required for long term growth of the system in the City and the City takes advantage of the developer's laying the 8" line and incremental upsizing. He said it's a policy decision by the City Council as to whether they want to do that, they can pay for it any other way but it is impact fee eligible the way the ordinance reads and it's common practice throughout the State to try to fund large scale system facilities to go in affect at the time if a developer is paying 90% of the cost of upsizing. Mr. Ferland distributed handouts of assumptions for the utility, drainage, and road estimated fees and reviewed indepth the figures with various scenarios on a display board. (Report is attached) 5 Council Regular Meeting Minutes January 7, 1991 NEW BUSINESS (Continued) NOW •rrr NEW BUSINESS (Continued) Presentation by Dyer, Riddle, Mills & Precourt, Inc on financial impacts of capital improvements program (Continued) Mayor Wessler said these don't include connection to the sewer or septic tank abandonment. She asked if after the 10 years for paving and drainage the payment will drop for everyone. Mr. Ferland replied yes, those costs would go away of approximately $30 a month. Mayor Wessler asked if the water and sewer rates are increased to finance the plant, how long will they have to be kept at the increased rate. Mr. Ferland replied it depends on construction costs that come in and usage characteristics of the City over time because if people use more, you'll have more rate revenue, and if they use less, you'll have not enough rate revenues. He pointed out lateral connections aren't included and septic tank abandonment and he didn't include the $2 -1/2 million grant from the State but beyond the 5 -year period it's hard to tell what the rates will do. Mayor Wessler asked if there's a cap on the water and sewer rates and if they can go as long as needed. Mr. Ferland replied the rate study covered a 5 -year planning period and he can't tell them if it then will be higher or lower. He said a lot is directly related to how efficiently the system is managed, there are many variables and they may find over 5 years they don't have to do 10% every year, but they may have to do more. He said based on anticipated customer growth they felt it would be a requirement of 10 %, and they assumed in Florida Shores 245 units a year and they had 390 some years, and they don't want to under collect. Mayor Wessler asked if they own 5 lots and built on 2, what do they get assessed for the other 3. Mr. Ferland said if they establish another CIP Committee, that's an issue that needs to be resolved. He said one proposal is if someone owns 5 lots it's pro rata 2 times for the collection system assessment, and for the treatment plant assessment if they would sign an affidavit that the 5 lots would only have one residence, they'd only be assessed one treatment plant assessment and if it should change, part of that affidavit would stipulate if it's subdivided, to connect to the wastewater system would require payment of the impact fee. He said they won't be hanging out to a lot of risk and it would have to be a policy decision by the City Council. Mayor Wessler stated they have $9.94 for drainage and are already being charged $3, and will this be on top of that. Mr. Ferland replied yes, $3.00 is associ- ated with funding operation and maintenance of the stormwater utility such as salaries and equipment and to fund capital projects that are primary in nature and not secondary, such as the major canals that are not part of the drainage special assessment. He explained funds for the canal running through the cemetery which is a primary drainage facility and any improvements would be through the stormwater utility system. He said drainage assessment is to take care of funding the roadside swales that front each lot and retention basins associated with treating stormwater in the swales prior to discharge to the primary or canal drainage system. Mayor Wessler asked about reuse and how much it will cost. Mr. Ferland replied reuse is part of the wastewater treatment plant and the $7.46 special assessment includes $7.2 million construction of the plant and $2.1 million for a reclaimed water system in Florida Shores. He said revenues from the reclaimed system are not included and not used to defray costs because they were intended to be used for expansion of the reclaimed system throughout the City and to remove effluent discharge to the Indian River as much as possible. He stated some will be required to be implemented by the City as part of the permit conditions. Mayor Wessler asked how many drainage ponds are to be in Florida Shores. Mr. Ferland replied about 250 but they're one block and then you go to the street. Councilperson Gillespie said the flood plain maps don't warrant that many ponds for flood problems. Mr. Ferland explained they're for stormwater treatment prior to discharge to Class 3 waters and the 18th Street canal is Class 3 waters. Councilperson Gillespie asked where they'll put retention ponds in the old part of town, because they have to have it treated also. Mr. Ferland agreed, but that's not part of this program and the reason retention ponds came about was because they'd be taking unpaved or pervious surfaces to impervious by paving roads and by State law you have to provide treatment for stormwater of that paved road. Councilperson Gillespie asked why the rest of the town doesn't need it since they have paved roads. Mr. Ferland said they may need it in the future. Councilperson Gillespie asked why they don't have to meet the law now and why don't they have to abandon septic tanks. Mayor Wessler asked if they are forced to abandon septic tanks. Mr. Ferland said if you have City sewer available to 6 Council Regular Meeting Minutes January 7, 1991 NOW *rw NEW BUSINESS (Continued) Presentati by Dyer, Riddle, Mills & Precourt, Inc. on financial impacts of on capital improvements program (Continued) you, according to the ordinance and HRS regulations, you are legally supposed to abandon the septic tank. Mayor Wessler asked if people in old Edgewater on septic tanks that can't get sewer to them are required to go off septic tanks. Mr. Ferland said it depends on lot size and soil conditions associated and with some lots of an acre in size, septic tanks are fine. He added the problem with Florida Shores is soil conditions aren't good for septic tanks and the density of the development isn't conducive to putting in septic tanks. Mayor Wessler asked if there's a law that they have to go off septic tanks because she got a letter from the attorney that it was and /or. Mr. Ferland replied the City ordinance reads if they have central sewer service available they are to abandon the septic tank and hook on to the central sewer. Mr. Johnson stated any time a street is paved in the old part of town the retention has to be put in at that point and one of the hold ups on Turgot is retention and when they get the property from the School Board they can put in retention. He explained in the old part that has a paved street they don't have to go back and do it unless they're tearing up the street. He said when they start to work with 442 one of the problems is how to handle stormwater retention. Mr. Ferland explained if a developer comes into old Edgewater and builds on a lot or parcel, he has to provide stormwater treatment as part of that development so all new buildings have stormwater retention if they were built subsequent to 1986. Councilperson Gillespie said he'd recommended in house sewer installation for the homes on Thomas and Virginia. Mr. Ferland said the City could do that but he recommended when a development occurs, they could contract it out or do it in house. Councilperson Gillespie said that's full, and they discussed the effluent plan by July, 1991 as part of the settlement with the administrative hearing and it calls for a plan for the entire City and he addressed Florida shores but she gets calls from people on the East side of U.S. 1 because they cannot get permits to sink wells and would like to see a plan to cover their part of town. Mr. Ferland explained the law prohibits discharge to the Indian River and as part of an exemption process or not, they have to provide a reclaimed water use master plan for alternative effluent disposal to the Indian River and the plan is due by July, 1992. Mr. Ferland said part of the resolution of the administrative hearing at negotiations is the City could continue up to 2 MGD of treated effluent and by July, 1991, would provide a reclaimed water use master plan that covers the total City service area. He said there is a problem with pipe lines going under the railroad tracks and they got conduit from the plant to the River and are talking about a 16" line to go from the plant to the River to cover that 2 MGD discharge and that line when it's on the other side of the River there's no reason they cannot just tap it, put in a booster pumping station and expand the reclaimed water system at that point. He explained the School Board property and recreational complex could be used for the storage tank or booster pump and put it on the East side of the railroad tracks that could be part of a Master Plan but is not part of the CIP. Councilperson Gillespie asked the size of the line from the plant to the River. Mr. Ferland replied 12 ". Councilperson Gillespie said they have some completion work to do because some cuts are not complete and it's about $20,000 per cut. Mr. Ferland stated it depends on the size of the line and it's $100 a foot for jack and bore. Councilperson Gillespie said they have one from 30th across to Edgewater Landing under U.S. 1. Mr. Ferland said there are several cuts and U.S. 1 and Roberts Road has an existing bore for a 6" force main and water line coming from Edgewater Landing and part of the water transmission project is to put a 16" line under U.S. 1 and it would require an additional jack and bore. Councilperson Gillespie said they discussed the circular tie in for the school. Mr. Ferland agreed, and said they'd tie into 12" lines fronting Edgewater Landing then go back north and tie into the existing system and when the lines are put in place and they'll complete the loop. Councilperson Gillespie noted it improves water service. Mr. Ferland agreed. Councilperson Gillespie said she has 373,575 linear feet of paving in Florida Shores and that figures to $36.85 a linear foot. Mr. Ferland said those were estimates at that time and he thinks it's in the 20's. Councilperson Gillespie said she'd like an adjusted figure on the paving per linear foot. Councilman Hays said he's sorry he didn't have the opportunity to go over this with him and he's looking at numbers and worst scenarios and expenses and he has some real concerns about ability of people on fixed income and young couples to be able to handle this. He said to soften it, one thing is the paving expense which is $1.00 a day average and if they don't pave the dirt road, you don't have 7 Council Regular Meeting Minutes January 7, 1991 cm NEW BUSINESS (Continued) Presentation by Dyer, Riddle, Mills & P capital improvements program (Continued) there are other alternatives to look at. package but you can only buy what you ca n talk with him about alternatives. '"►" recourt, Inc. on financial impacts of to pay about $30 a month. He asked if He said he'd like to buy the whole afford to buy. He said he'd like to Councilperson Gillespie said she wanted sewer fees when they settle on them to cover replacement and renewal because the sewer system was built in 1963 -64 and was upgraded once and they have to allow enough to cover the collapsing lines and other things they have to do now in the older part of town. Mr. Ferland said it's a renewal and replacement amount put in there and the first two years with the wastewater construction going on they had a minimum amount of R & R and the last three years it jumped up to about $100,000 a year. Councilperson Gillespie said it was about $120,000 a year R & R. Councilman Jones thanked him for coming and said it's sad it's taken this course and 10 years ago it might have been cheaper. He expressed concern for elderly on fixed incomes and it bothers him because it's very expensive and a lot of the community wants something done but it's not so far fetched for the improvements they're looking at and it will enhance the community as a whole and he hopes they can work out something they can all live with and be proud of. He added it will not get cheaper. Mayor Wessler stated any money spent so far has been spent by previous Councils and this Council is looking at ways to make it cheaper for everyone in Edgewater. She said any formation they get, the residents will get. She noted next Wednesday they're going to Tallahassee to discuss money for this project and she asked if Councilperson Gillespie could attend. Mr. Johnson replied only one because there will not be press and it's a meeting with State level people and they'll be discussing items they'll be voting on later. He explained the Mayor will be talking to them about the SRF because it's only so long they will hold that. Mayor Wessler stated she could go and take a tape recorder. Mayor Wessler stated she'll take their calls if anyone knows more about this because if they don't make the decision, they'll double the cost again. Don Kastner 124 Hardin Place, said they developed a package for sewer treatment and water but can they resell sewage. Mr. Ferland replied sludge disposal is a soil conditioner but it's not being sold, it's just a way of getting rid of it and he doesn't think the market is sufficiently established to sell it for anything significant. Mr. Kastner asked if there's anything with solar energy to reduce cost of running the plant. Mr. Ferland said they didn't look at solar energy because it is mostly for a low amperage low voltage system and the other is for hot water heating, which isn't a s i g n i f i c a n t factor in the wastewater plant. Mr. Kastner asked if they can attract an industry to use effluent. Mr. Ferland replied reclaimed water has a big market potential such as Coronado Paint where they use a lot of wash down water and could use high quality reclaimed water and Boston Whaler uses a lot of water and could use it and any other industries that move in. He said they can sell it but it's not usually metered but it could be $6 -8 -10 a month for unlimited usage. He said if they get to 100% reclaimed water use then treatment is not so high for AWT. He said all water treated would be used in reclaiming and none would go to the River. Mr. Kastner said they need to look for industry or recreation facilities to use effluent water to generate funds to offset costs. Gary Barwick Municipal Sales, stated he sells a line of sewer treatment equip- ment and the City of Bradenton uses reclaimed water for lawns for all residences. He said there's a market for sludge as alternative fuels, some use it to run incinerators to incinerate garbage and as the State moves more away from land- fills and to incinerators, they use that type fuel to incinerate solid waste. Henry Dardinski 2704 Sabal Palm, stated this is the price of progress. He referred to prices many years ago for a house or car. He said it won't get any cheaper and the longer they wait, the more expensive it will be and it has to be done. He pointed out it will add to property values and asked them to make a decision and go all the way. Mike Billick 2528 Lime Tree, stated in 1986 when the sewer system was put into effect on Dyer, Riddle's report it was only going to be about 4 or 6 million and now it's 15 million and he's talked with engineers to look at the sewer system and make a comparison on costs. 8 Council Regular Meeting Minutes January 7, 1991 1 fir %%O NEW BUSINESS (Continued) Presentation by Dyer, Riddle, Mills & Precourt, Inc on financial impacts of capital improvements program (Continued) Mr. Billick said Dyer,Riddle was pushing the low pressure system and saying how good it was and it was very low cost to put in but they didn't say how long the system would hold up or cost of maint- enance. He asked if they have to abandon septic tanks or can they keep them or if there's a State law. Mr. Ferland replied HRS regulations and City ordinance indicate it. Mr. Billick said if they don't put the sewer in, do they keep their septic tank. Mr. Ferland replied they'd have to keep them if they don't put in sewers. Mayor Wessler asked about a moratorium on building. Mr. Ferland said that's his understanding from DCA. Mr. Billick asked to show him where. He said the 201 Facilities Plan of May, 1989, says in 1987 the City became aware that many septic tanks in Florida Shores were failing and sent a questionnaire out with the monthly uti 1 ity bi 11 asking residents to report any problems with septic tank systems. He said problems reported were odor nuisance, back up of sewerage, ponding of water in drainage areas, unusual vegetable growth in drainage areas, removal of solid waste from septic tank and frequent replacement of drainage fields. He asked how many replaced drainage fields in Florida Shores. He said in 1987 there were probably about 2,500 residences in Florida Shores and they got 70 responses in 2 months. He asked if that's a problem with septic tanks and why they're saying they have to replace septic tanks, because it generates money for someone and they have to go to bonding and that's also money. He noted they asked during the campaign if the City ever went to the State to ask for grants and low interest loans as they did for sewerage and he asked State officials if Edgewater ever put in for loans or grants and they said no. He said they were going to look into grants and loans to see if they're available. He said everyone says to jump and if they jump they'll pay for it on commercial bonding and it's 25 %. He said the people say to hurry but nobody's looked on the water plant and it's first priority and there's nothing that they have to jump into sewers now because they don't have to abandon the septic tanks. He added their charge is $2.3 million for reports, but are they accurate. He said Mr. Ferland's presentation on the low pressure system was all wrong and do they believe what he's saying now, because he doesn't. Mayor Wessler said she'll ask if they have to put in sewers, adding she and other Council members have sent out numerous letters and are awaiting responses. Mr. Billick said they shouldn't hurry and if they're convinced, that's fine, but if not, they will not put up with it. He stated Florida Shores won't pay for all of this because they paid in utility taxes and water assessment. Mr. Billick suggested they read everything and he'll be glad to brief Council on sewer and water budgets and the $4.7 million. He asked where the money's ? oing because as of 12/12 they only had $736,000 left of the $4.7 million and 338,000 is obligated with an interest payment June 30th so it leaves $400,000 left to spend and that's why they want to hurry up with the assessment of 10%/10 % /10 %. He asked if that's the right assessment. He said they've been paying for it on the sewer side and they split the budget. He asked if the sewer will be able to budget itself this year because he doesn't think so. He said they'll run out of money because water's not subsidizing sewer. He suggested if they're going to jump on sewers they'll ask for a referendum on whether Florida Shores wants to put in sewers when they answer the question whether they have to. He said maybe Florida Shores should de -annex from Edgewater, and they could do that from the railroad tracks West and they can go to the County. He stated $4.7 million is due July 1. Mayor Wessler said she received information from Mr. Munoz that of the $4.7 million, 1.499 was paid to Dyer, Riddle and the rest is for other costs. Mr. Billick asked where the rest of the 4.7 million is. Mayor Wessler replied 1 -1/2 million comes out of that and then you have 500 and 300. Mr. Billick said $268,000 was paid in 1989 in interest on the loan and this year it comes to $338,000 which has to come from the remaining $700. Mayor Wessler explained what they originally thought was paid to Dyer, Riddle was incorrect and it was 1.5 million. Mr. Billick said they backed out payment of the old B revenue bonds and Gulf Breeze notes of $1.3 million. He said he'd like to know where and what's paid concerning the sewerage because Florida Shores residents have been paying through the nose. He requested a breakdown, saying Terry Wadsworth sent a memo to Mr. Johnson that they were splitting water and sewer in this year's budget and the reason was water was heavily subsidizing the sewer system. He asked when equity comes back to Florida Shores for this subsidizing. He stated Frank Marshall in 1986 recommended sewer systems should be installed in Florida Shores on a 1/3, 1/3, 1/3 basis as it was done in the old part of the City and he was told the same thing by a State official. He asked them to look into it. 9 Council Regular Meeting Minutes January 7, 1991 0 NEW BUSINESS (Continued) Presentation by Dyer, Riddle, Mills & Precourt, Inc. on financial impacts of capital improvements program (Continued) Councilperson Martin stated the number one reason for this conversion is they're destroying the underground water system. She asked how much longer they will have water to drink with seepage from septic tanks. Mr. Ferland stated nobody ever said Florida Shores or the City of Edgewater has to do any program and that was a decision the City made to do the program and provide sewer in Florida Shores. He said access to the wastewater construction grant program was made in 1986 but the City wasn't in a position to access the grants and the grant program has since converted to the State Revolving Fund and they're looking at $26 million from SRF. He said it's the last grant for waste- water construction in the State and he feels lucky that he's got the last one. He explained the sewer or septic tank situation in Florida Shores according to the DCA notice of intent to find the City in non compliance was the p l a n to protect the public safety and welfare should include a policy to deny issuance of permits for developments using septic tanks in areas with severe soil limit- ations. He added Florida Shores has severe soil limitations because he did soil analysis and from the high ground water table and if you go out and look at any septic tanks installed they have to put mounds in, and that won't get any better. He said regulations will be even more stringent and the impact of new residences with septic tanks with mounded drain fields is not as severe as what they do to older residences. He added residences in Florida Shores in the 60's put the septic tank at one level and each year they have to go higher and higher and water drains down to the lower area of the older homes. He said to access the grants and SRF to get points necessary to get the money they had to show a docu- mented public health hazard and HRS Health Officer Lee Faircloth and the head of the Health Department signed the certificate documenting the public health hazard in Florida Shores from septic tanks and that got them points that got the money. He said the 201 Plan was a prerequisite for accessing these funds. He said regarding low pressure sewer operation and maintenance costs if you look in the 201 Plan, there was a cost effective analysis done with present worth cost of low pressure and gravity determined and operation and maintenance and replacement costs were documented and included. Public Works Director's recommendation to award bid for new refuse truck to Solid Waste & Recovery Systems, Inc., Jacksonville, for $62,008 - Councilperson Gillespie asked Mr. Johnson under the circumstances with the presentation tonight, what would he advise Council. Mr. Johnson advised to go with the low bid that meets specifications because the other man could have bid the same unit and he can't get into a dispute about territorial franchises because the man had a legitimate bid and met all requirements. He suggested if they don't want to do it that way, they void the bid and re- advertise. He said the gentlemen wasn't fair in making the presentation without the other man coming also and there were minimum specifications and they've used Pak -Mor for years. Mayor Wessler asked if both companies were checked out and if they can call some- one to fix it as the gentleman said the other company is very hard to get hold of and the ones she called today agree. Mr. Johnson said he didn't know about it. Mayor Wessler asked if they normally call whoever bids. Mr. Johnson replied no, and it's a reputable company and guarantees delivery and meets specifications they don't have the right under State law bid procedures to reject it. He again said they do meet minimum specifications and they did check the bids and they were sealed bids. Mayor Wessler asked that from now on any time before they accept a bid they should check out the company. Mr. Johnson stated that's not the procedure and it's a matter of business and 5 other cities probably had excellent experience with this company. He said there are a lot of factors involved, and the man made an accusation that they didn't perform with parts. Mayor Wessler said he told them he would perform. She asked if he knows the man is qualified. Mr. Johnson replied they'll check out the equipment. Mayor Wessler stated she doesn't have a problem with the truck but the type of service they'll get after delivery. Mr. Johnson stated he cannot guarantee it and he hasn't been given people who had bad experience but they put bids out and they're licensed by the State and will be required to sign a certificate. Councilperson Martin asked if they'll find out availability of parts when they check out the company. Mr. Johnson said if it's a standard chassis, they'll get parts from the parts house. He noted they buy Police cars from Jacksonville and they're serviced locally and if they need parts for that vehicle, they'll get parts from a parts house. 10 Council Regular Meeting Minutes January 7, 1991 Nw ter" NEW BUSINESS (Continued) Public Works Director's recommendation to award bid for new refuse truck to Solid Waste & Recovery Systems, Inc., Jacksonville, for $62,008 (Continued) Councilperson Gillespie asked if he said if they felt it was fairer they could reject it. Mr. Johnson said no, under the Code they have the right to reject bids if they feel this man's comments are legitimate and they don't want to award it to the qualified bidder that meets specifications he suggested they reject bids and re- advertise. Mayor Wessler said she wouldn't reject the bid because she feels this man's comments are legitimate but would reject because nobody in this City bothered to check out the company they're buying a truck from. She said if this is rejected and it goes out to another bid she wants the Department Head or City Manger to check it out. Mr. Johnson said they don't normally do that on automobiles when they're a licensed dealer. Councilperson Gillespie asked if they can change the procedure and request the bidding procedures be changed. Councilperson Gillespie asked they get estimates with financial statements attached to it then go to bid. Mr. Johnson said they'll have to ask the City Attorney. Mayor Wessler asked Mr. Johnson to call every company and check them out. Mr. Johnson said they're an authorized dealer in the State and did meet the criteria and bid a document. Councilperson Gillespie moved to reject all bids. Councilperson Martin seconded the motion. Motion CARRIED 5 -0. Mayor Wessler again stated the next time this goes to bid they should call and check. Councilman Jones asked if they have to take the low bid. Mr. Johnson replied the low qualified that meets specifications. Brevard OB /GYN Associates' request to hold Health Fair on January 19, 1991, at Pelican Plaza, 2331 S. Ridgewood Avenue - Ms. Dusty Wahner business manager, stated they're not the only practice that wants to do this Health Fair, there are 5 doctors that would like to be included and they have a facility at Edgewater Multi- Specialty but this isn't large enough to host as much as they'd l i k e to inside and they want to do some free screening and breast exams and optometry and glaucoma testing and blood pressure and distribution of information regarding drugs. She said she didn't know they needed a permit for a tent to do this outside in the parking lot. Councilperson Gillespie expressed concern for the portalet with a crowd as was recommended and the parking will take care of itself. She moved they let them go ahead and have the Health Fair. Councilperson Martin asked if the tent would interfere with other businesses there. Ms. Wahner said she asked them and the landlord and they agreed. Councilperson Martin seconded the motion. Mr. Johnson stated it's a violation of the zone and it's not permitted in this zone. Motion CARRIED 4 -1. Councilman Hays voted NO. Ms. Wahner stated she doesn't have enough time for January 19th and would like to go to a Saturday in February but will have to check with the 5 doctors. Councilperson Gillespie noted there was a recommendation for fees but because it's a community service, she' felt it shouldn't have a fee. Mayor Wessler said she'd like to see a fee because other people would ask for it free. Council- person Gillespie asked if she wants the $150 by motion. Mayor Wessler replied yes. Councilperson Gillespie so moved. Councilperson Martin seconded the motion. Councilman Hays asked if it's for a date in the future. Mayor Wessler replied another date and she'll let them know by the end of the week. Council- person Gillespie asked if she can amend it to have the permission only good until the end of February or the permit expires. Councilman Hays questioned if they vote on this as stated to include a date of January 19 or will they amend it. Councilperson Martin withdrew her second and Councilperson Gillespie withdrew her motion. Councilman Hays suggested she resubmit with a firm date. Mayor Wessler asked if it can be everything required in B -5 zoning for the variance. Mr. Johnson said what she wants to do is not allowed in B -5 zone and if they want to grant permission they should set guidelines. He said if it's for one day and that permission will lapse the end of February, that's fine, but what they're doing is against the Code anyway. Councilperson Gillespie said it would be an exception to the B -5 code. Councilperson Gillespie moved they be granted permission for a one -day Health Fair using a tent in the Pelican Plaza, permit cost $150 for the day, and 9 to 1 being the hours, an additional 2 portalets, deposit for police services, 11 Council Regular Meeting Minutes January 7, 1991 ' 1 ✓ ".rig' NEW BUSINESS (Continued) Brevard OB /GYN Associates' request to hold Health Fair on January 19, 1991, at Pelican Plaza, 2331 S. Ridgewood Avenue (Continued) insurance policy or bond to protect the City from liability, no driveways or driving lanes to be blocked, no advertising to be placed on the highway right of way, electrical cord to run across driveways or driving lanes prohibited and only good through the month of February and it's a one time activity and any future variances of the Code would have to come to Council. Councilperson Martin seconded the motion. Motion CARRIED 4 -1. Councilman Hays voted NO. Safety Village's request for $100 donation for construction costs - Councilperson Gillespie moved they give Safety Village the $100, adding she's been involved in the project for over a year and it will cover all children in Volusia County between ages 3 to 8 and it's one of the best projects in the United States and they do need the money and she's been requesting it come before Council for some time. Councilman Jones seconded the motion. Councilman Hays said it's an excellent program for children and they'll benefit from it. Motion CARRIED 5 -0. Disbanding of the CIP Committee - Councilperson Gillespie moved they disband the CIP Committee. Councilman Hays seconded the motion. Mayor Wessler suggested the motion should include appointing a new CIP Committee with different members as they need some type of committee to continue with this but she doesn't feel the present group is the exact group they need and the City Engineer needs to be on it. Councilperson Gillespie said these CIP task force committees and groups go all the way to the 70's and have been disbanded and reset 4 different times and they can disband and reorganize to what they feel the need is at this time. She said originally they had the City Engineer and Utilities Director and representatives from Florida Shores and the old part of town and the minutes of the last 10 years show it's come and gone and it's time to reorganize. Councilman Jones asked if the current CIP Committee wasn't meeting or was that the problem. Councilperson Gillespie replied yes. Councilman Jones asked if they'll disband and start a new one. Mayor Wessler replied yes, and they have one citizen and there should be more than one citizen and Gates Castle should be involved. She added after they vote, it can be on the next agenda. Motion CARRIED 5 -0. Perry R. Barrett re: building permit concerns - Bill Hathaway attorney, 500 Canal Street, New Smyrna Beach, represented Mr. Barrett. He stated Mr. Barrett owns property immediately East of the new elementary school on Roberts Road and he had a permit to build a fence on the South side of Roberts Road and the permit was granted by the City January 2, 1990, and 1/3 of the fence has been complete. He said he's asking to complete the fence and the reason he's here is because he was given a stop work order on December 31st by the Building Department. He stated he doesn't think he's in non - compliance of the ordinance and should be allowed to finish the work he started. Mayor Wessler asked what happened on the 21st of this month. Mr. Hathaway replied his workers were building the fence and were instructed by an official of the City to stop work on it but were not given an official work order and were handed a new application for a permit. Mayor Wessler asked when the permit expired. Mr. Hathaway replied it was issued January 2, 1990, by way of receipt, and the ordinance doesn't address it but Southern Building Code says construction must commence within 6 months of issuance of the permit and you cannot abandon work for 6 months and you're entitled to renewals up to 90 days and they can be successive renewals. He said in this instance, January 2nd was the starting day and the next date was March 29th when he entered into an agreement with the City to grant an easement to put utilities along the South side of Roberts Road. He added they also gave the City a construction easement on March 29th and it made no sense for him to begin construction of the fence because the construction easement lasted until September 1st. He stated he went out in April and staked out where he would put the fence with small stakes in the ground and drew a line and determined where he'd put the fence. He added when the construction easement expired in September, 1990, he went out and again began construction of the fence and again encountered the Building Officials of the City and they asked him to stop constructing the fence and stop providing fill for the location. He said he was cited for the fill in September but not the fence when he showed them the permit he had and he wrote a letter September 28th to the City asking for a reply if there was anything more that needed to be done. He noted they had a meeting with the City when the Mayor sat in to resolve the fill issue and they thought there was no issue with the fence. He added in November he purchased final fence materials and in December began concluding construction of the fence and December 12 Council Regular Meeting Minutes January 7, 1991 NEW BUSINESS (Continued) Perry R. Barrett re: building permit concerns (Continued) 21st he was told to stop. He said if he wasn't cited in September and did the work within 6 months and did the initial work in April, 1990, he did commence well within the 6 months, there was never a span of time of 6 months when he didn't complete. He said the property had been used as a dumping ground and he wanted to prevent that from continuing and he was a good neighbor to the City by granting the easement to use the property and now is being penalized. He added he didn't put his fence up from March 29th to September 1st because he knew it would be in the way of the construction easement he'd granted the City and the City used the easement. Mr. Hathaway said he wants the stop work order rescinded so within a 7 day period he can conclude the fence. Mayor Wessler asked if the 21st they stopped work and on the 26th the permit expired. Mr. Hathaway replied there's no expiration of the permit, he made application on the 26th but receipt for payment was January 2, 1990, but it's not one year, and it's 6 months to commence. He added they cannot abandon work more than 6 months according to the Southern Building Code which was adopted by ordinance. He said it's a nice fence 1,600 feet in length and borders the South side of Roberts and is about 1/3 complete. He again said he was cited in September on the fill issue and he brought to his attention the fence issue and he showed them the permit and no citation was issued in September so he proceeded. Mayor Wessler asked if it's normal for a building department to go out and tell them to apply for a new permit. Mr. Hathaway replied if they felt he was in non - compliance, that would be the normal procedure but they feel he's in compliance. Mayor Wessler asked if he's asking for 7 days. Mr. Hathaway said they just want the stop work order issued by the Building Department rescinded to conclude the work on the fence. Councilman Hays asked if when the work was stopped for the easement that was for the City's benefit, were there no arrangements made at that time because he had to not build the fence. He said it seems like he was trying to work with the City and was there any communication then about the permit because the City goes by a Building Code which states you have 6 months or apply for another 90 days, or was that overlooked. Mr. Hathaway said he gave the City the easement March 29th and granted the City until September 1 for construction although they have a perpetual easement to maintain the utility. He added they didn't think the issue arose because in April he did some preliminary work with stakes and fence posts and didn't proceed until September. He said he's within the commencement period of 6 months and didn't discontinue work for any 6 months. Mr. Johnson stated they disagree with Mr. Hathaway and Mr. Barrett and the fence was not started within 6 months and he travels the road 'several times a week. He said construction of the easement didn't go all the way out to U.S. 1 and the only area where the fence was put up was at the hole where Mr. Barrett had the dispute with the School Board and the dispute was way after 6 months had expired. He stated they're not trying to hassle Mr. Barrett but a re- application of the permit would be granted and he can finish. He added most cities enforce the 6 months and there was no activity for 6 months. He noted the easement was negotiated for the School Board in the name of the City and it benefited the School more than the City and the School Board did the work and there's still some dispute with some things the School Board did. He said 6 months has expired and all that's necessary is re- application and the permit will be issued. Mr. Hathaway said he commenced in April with fence posts and stake lines to eyeball where he wanted the fence to go. Mayor Wessler asked if anyone has proof Mr. Barrett didn't start the fence. Mr. Johnson said he doesn't have proof that he did start it either. Mayor Wessler asked if they issued a citation in September like they should have. Mr. Johnson explained the concern in September was the fill problem. Mayor Wessler said he showed them the fence permit in September. Mr. Johnson said there was no discussion about it then. Mayor Wessler asked if anyone saw a fence permit and why a citation wasn't issued. Mr. Johnson replied the major problem was not the fence and that was after the 6 months and that was our error and the permit has expired. Mayor Wessler asked if it was our error and Mr. Barrett had no idea he was in violation, and he built half the fence. Mr. Johnson stated Mr. Barrett is a general contractor and is very familiar with the Southern Standards Code and his attorney is familiar with it and their dispute is nothing more than the permit. Councilman Hays asked if he originally pulled the permit January 2, 1990, and didn't have the fence up or working on it by June 2nd, why wasn't something done then if the Code says 6 months or do they selectively enforce the rules. Mr. 13 Council Regular Meeting Minutes January 7, 1991 %W 48W NEW BUSINESS (Continued) Perry R. Barrett re: building permit concerns (Continued) Johnson explained most contractors just let it go but the other permit had expired. Councilperson Gillespie asked what it would cost for Mr. Barrett to have a new permit issued for another 6 months. Councilperson Martin explained he only needs 7 days. Councilperson Gillespie pointed out it would give him 6 months and she knows how long the School Board took to fix the hole and a 6 months permit would give him leeway. Mr. Johnson explained the permit will be good until he finishes the fence. Mayor Wessler stated the issue is Mr. Barrett started a fence and in September our Building Department saw the fence permit. Mr. Barrett said they accused him he didn't have a permit for the fence and there's a newspaper article about it and he wrote a letter September 28th to the previous Mayor for an explanation and went to a City Council meeting and never got a reply and they came after him in September for a permit and they never knew he had a permit. Mayor Wessler asked if they said anything to him when about expiration when he showed them the permit. Mr. Barrett replied no, they were dumbfounded to see he had a permit. Mr. Johnson asked that Mr. Vola be allowed to speak because he's the one who cited Mr. Barrett. Mr. Hathaway stated if he commenced the fence on the West side and it was in existence September 21st through he 25th and the dispute arose with the Building Officials at that time. Mr. Johnson said there was one section in front of the hole. Mr. Hathaway said the permit is for 1,600 feet of fence and the reason he didn't go further is because of the easement and what was happening. He showed photographs to Council and asked them to rescind the stop work order to conclude the work within 7 working days, weather permitting. Mr. Bill Vola, Fire Chief and Manager of the Building Department, said there are some discrepancies as to the two sides, and who is right doesn't interest him, but what is right does. He said Mr. Barrett brought the fence permit to his attention and he held it in front of his face and he told him it had expired in Mark Karet's presence in Mr. Barrett's office, and this was quoted in the same newspaper article Mr. Barrett refers to. He said on December 21st when they noticed construction began again, he sent Dennis Fischer out to talk to him and Mr. Barrett wasn't present and Mr. Fischer went by the office and talked to the young lady to pass on to Mr. Barrett to either request in writing an extension of his permit or submit a new permit. He added on December 26th he called Mr. Barrett's office and he'd just got back in town and his statement was he was only in town 2 hours. He said he asked him to bring a letter to extend his fence permit. He pointed out the permit was issued 12/26/89, irrespective of the date it was bought, and that's the date and time when the clock starts and that is when his office was called to come pick up the permit. He stated that's the policy of the Building Department and they don't make any special exceptions for anyone and the permit had expired. Mayor Wessler asked if the Building Depart- ment goes to other builders besides Mr. Barrett to tell them they need to fill out a new permit. Mr. Vola replied no, based on the conversation that occurred on the date she was present, they have gone out of their way to try to not create any untoward atmospheres with this gentleman and that's why contacts were made in person and contacts were made when they found out the permit had expired. He added before the permit expired and after the 6 month deadline had passed on December 21st, they contacted the office and they do that when they know someone is running out of time, it's been done with several other contractors, and they don't try to slam dunk people, contrary to Mr. Barrett's allegations. Councilperson Martin stated due to a series of errors and misconceptions at this point, she moved to allow 7 days to complete the fence. Councilman Hays seconded the motion. Councilman Jones stated he understands they're trying to smooth it out and give him 7 day continuance to finish the fence. He asked if he has any problem. Mr. Barrett indicated no. Councilperson Gillespie asked if there's anything else he should be reminded of at this time. Motion CARRIED 5 -0, with Mayor Wessler stating she has a conflict of interest behind it. Res. 90 -R- one time reading. Mayor Wessler R -76 - A RESOLUTION OF THE CITY CANCELLING THE REGULAR SCHEDULED 1991, DUE TO A NATIONAL HOLIDAY; eton - Councilperson Gillespie asked if this is a replied yes, and read the resolution. RES.90- COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MEETING OF THE CITY COUNCIL FOR JANUARY 21, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH 14 Council Regular Meeting Minutes January 7, 1991 w.r ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) First Reading: Res. 90 -R -76 (Continued) AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones so moved they adopt Resolution 90 -R -76. Councilman Hays seconded the motion. Mayor Wessler explained when they cancel they're supposed to go to Wednesday before but four of them are going to be in Tallahassee. She added they'll have a meeting on the 14th and anything that needs to be brought up of urgency can be on that agenda and it can be a workshop /special meeting. Councilman Hays asked if they can decide at that meeting if they can call another meeting this month because they have a lot of things to address. Mayor Wessler replied yes. Councilman Jones amended his motion they not have the regular meeting on the 16th and have it on the 14th for a special meeting /workshop. Councilman Hays seconded the amendment. Motion CARRIED 5 -0. Res. 90 -R -77 Appointing members to Citizens Council Advisory Committee for terms to end November, 1992 - Councilperson Gillespie stated due to the lateness of the hour and they have to appoint 7 members and each has to clear by a 3 -2 margin, could they postpone the last two items to the meeting on the 14th. Mayor Wessler asked how many in the audience had applied and several indicated they had. Mayor Wessler said that wouldn't be fair to them because they'd been waiting and she read the Resolution. RES. 90 -R -77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MEMBERS TO THE CITIZENS COUNCIL ADVISORY COMMITTEE; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She opened the floor for nominations. Councilman Jones nominated Gigi Bennington. Mayor Wessler announced Mr. Austin asked to have his name removed. Councilperson Gillespie said the problem is Res. 81 -R -5 with one board or committee and no relatives and she spoke to Mrs. Bennington about this, and with her expertise on the Charter, they need her more there. Mayor Wessler asked if Mrs. Bennington was appointed as a Council person or citizen. Mrs. Bennington replied as Councilperson. Mayor Wessler pointed out she's on the sign ad hoc, and this would make Harry Jones ineligible because of Merit Board. Mrs. Bennington said she'll withdraw from ad hoc sign. Councilman Hays said if there's a conflict by serving on this committee by withdrawing these names he doesn't know if they'll have enough to have seven and perhaps they can appoint some and reconsider. He said several people have approached him recently and because of the holidays they were unable to submit an application and they may have a better chance to better evaluate the situation. Mayor Wessler asked if they want to appoint some. Councilperson Martin replied 3 or 4. Mayor Wessler stated Mrs. Bennington would resign but a lot would resign and she doesn't think it's fair and they should stay on the board until the terms ended. Councilman Jones nominated Ray Wasarhaley. Councilperson Martin seconded. Roll call CARRIED 5 -0. Councilperson Martin nominated James Inman. Councilperson Gillespie seconded the motion. Roll call CARRIED 5 -0. Councilperson Gillespie moved for Jim Mackie. Councilperson Martin seconded the motion. Roll call CARRIED 4 -1. Councilman Jones voted NO. Councilman Hays nominated Stanley Carlson. Councilperson Gillespie seconded. Roll call CARRIED 5 -0. Mayor Wessler passed the gavel to Vice Mayor Louise Martin and nominated Ed Janus. Councilperson Gillespie seconded the motion. Roll call CARRIED 5 -0. Vice Mayor Martin returned the gavel to Mayor Wessler. Councilperson Martin nominated Phyllis Woodard. Councilman Hays seconded. Roll call CARRIED 5 -0. Council- person Gillespie nominated Janet Ptaszek. Councilperson Martin seconded. Roll call CARRIED 5 -0. Councilperson Gillespie thanked everyone for applying and asked them to keep the applications coming. Mayor Wessler again read the resolution, inserting the names of those appointed with terms of November, 1992. Councilperson Gillespie moved they accept Resolution 90 -R -77. Councilman Hays seconded the motion. Motion CARRIED 5 -0. Res. 90 -R -78 Appointing one member to Beautification Committee to fill Jodi Geiger's unexpired term - Mayor Wessler stated that Danny Hatfield's application is included but he wants to withdraw. She requested nominations. Councilperson Gillespie moved to appoint Betty Rossman for the balance of the unexpired term. Councilman Jones seconded the motion. Motion CARRIED 4 -1. Mayor Wessler voted NO. Mayor Wessler read the Resolution. RES. 90 -R -78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BEAUTI- FICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF 15 Council Regular Meeting Minutes January 7, 1991 .1,, L ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading: Res. 90 -R -78 A000intina one member to Beautification I Geiger's unexpired term (Continued) OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved they accept Resolution 90 -R -78. Councilperson Martin seconded the motion. Motion CARRIED 5 -0. Second Readinq:(Public Hearing) None UNFINISHED BUSINESS There was no unfinished business brought up at this meeting. COUNCIL /OFFICERS REPORTS City Attorney - No report was submitted. City Nanager - Mr. Johnson stated they'll have a memo tomorrow regarding the reuse plan and that has to be submitted in July. City Council - No reports were submitted. QUESTIONS FRON PRESS There were no questions from the press. CITIZEN COMMENTS Shirley Roberts 423 N. Riverside Drive, asked if the Health Fair is only for OB /GYN because the lady said there are five other physicians that will be there. She said they need to remember they have medical people in the community that might not be happy with people coming from Brevard to do this, and they presented it as OB /GYN and it's not. Councilperson Gillespie said no, it's not. Mayor Wessler noted it will have blood pressure and other screening. C. E. Clark 1818 Evergreen Drive, stated he cannot see Council where they are now and likes it better at the top because they cannot hear it either. ADJOURN Councilperson Gillespie moved to adjourn. Councilman Jones seconded the motion. Meeting was adjourned at 10:30 a.m. Minutes submitted by: Lura Sue Koser ATTEST: CITY CLERK Approved th i s `, day of 199 MAYOR �J COUNCILPERSON - ZONE TWO COUNCI , ERSON / - ZONE THREE OUNCILMA ZONE FOUR 16 Council Regular Meeting Minutes January 7,1991 'FORM 8B ME14 I)RANDUM OF VOTIN''= CONFLICT FOR COU NTY, , MUNICIOCL, AND "OTHER LOCAL PUBLIC OFF I AST NAME —rIRST NAME — MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE J „ten t -- n V1 t . 1 AtAIL AUU ® (� THE &C &D. COUNCIL, COMMISSION, M/THORITY, OR COMMITTEE ON �tc ^ING� ''�R,E�SS ) (,,� � � r D C , \ C�1 M �tJ W HICH CITI' 1 SER COUNTY NIT O OTHER LOCAL AGENCY CITI DATE Otr 1AHICH VOTE OCCURRED NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ELECTIVE / APPOINTIVE WHO MUST FILE FORM 86 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 law 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 form 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 recording the minutes of the meeting, who should 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 decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A 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. IF YOU MAKE NO ATTEMPT TO Ih** THE DECISION EXCEPT BY G,,OUSSION OR VOTE 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 STATE OFFICER'S INTEREST 1, L �� �, 5E'���f' Q_ , hereby disclose that on -�c� 1 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or 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: On Jan. 7, 1991 Mr. P. Barrett came before the city council to ask for an extension on a building permit which had expired. There had been a mix up on the permits expiration date and we the council felt it fair to give Mr. Barrett a 7 day extension. My confict of interest extends for the fact that Mr. Barrett had put my name on some of his signs during my election, although I do not feel I owe Mr. Barrett anything I felt it to be in my best interest to file a conflict of interest form. I - 11 - V Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IT SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM BB - 10.86 PAGi . Lon D � O < " Z o O Z go m p m A — Z CD D -< m m D -V ;0 m m � D N m N 9 z m C m O z v N VOW CA) N ca : :E Z m v� -4 00 � N w n �O 0 — r Z r' 4 m m M � � O .. 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