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05-07-1990 - Regular 'W' ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 7, 1990 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Excused Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION OF MAY BEAUTIFICATION AWARD TO EDGEWATER LANDING Mayor Mitchum presented the May beautification award to a representative of Edgewater Landing and expressed appreciation for the fine job they'd done. APPROVAL OF MINUTES Reaular meetina of April 16, 1990 Councilmember Bennington moved they approve the minutes of April 16th. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS John Siburn, Connecticut Avenue, expressed his disagreement with having to pay $3 for a stormwater charge which doesn't benefit him and also having to pay $20 to have the frozen limbs taken away, and held had no control over nature. Mr. Siburn then commended the Police and Fire Departments and Safety Inspector who were very good and cooperative regarding a situation in his neighborhood. Frank Roe, 2732 Juniper Drive, commended Mrs. Gillespie for starting a bike path drive. He asked Council to assist her with receptacles or something. He stated that because of high taxes, he's decided to run for Mayor unless someone else comes forward to run for this office. He asked people to announce their candidacy soon. Mike Hays, 2319 Umbrella Tree, thanked the City Clerk for the information held requested at the last meeting. He questioned Resolution 89-R-32 adopted May 15, 1989, naming A. G. Edwards as financial advisor for a $50,000 fee and they were also underwriters. He asked if thatls a conflict of interest. He stated that on January 22, 1990, Resolution 90-R-6 named Raymond James & Associates as financial advisor with a fee of $8,000 plus 75 cents per $1,000, which would be approximately $30,000. He stated they contracted two firms to do basically the same job and to continue with the contract is a waste of $50,000 of their tax dollars. He asked why Raymond James was hired as financial advisors eight months after entering into a contract with A. G. Edwards, and what1s left for Raymond James to advise them on. .. Mayor Mitchum explained A. G. Edwards was hired and acted as Financial Advisors but there was no money paid to them, and the $50,000 was if A. G. Edwards decided to become Financial Advisor. He added they're underwriters and they felt the time was appropriate to bring Raymond James on. He pointed out there was no dual role and never has been. ... 'WI' CONSENT AGENDA Police Chiefls request to upgrade existing four channel recording machine to eight channels at cost of $2.985: Fire Chiefls request to gO out for bids for 13 air packs: Parks & Recreation Directorls recommendation to award bid for reroofing Community Center to Wavnels Roofing & Sheet Metal Co.. Inc. in amount of $6.854 - Mayor Mitchum asked if Council wants to address any item. There were no comments. He requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. Councilman Hatfield moved they approve the consent agenda. Councilmember Bennington seconded the motion. Councilmember Bennington noted she'd talked to the Assistant Fire Chief regarding the air packs and had questioned what they expect to collect with resale and held advised her a maximum of $600 each which is a pretty good rate. Motion CARRIED 4-0. NEW BUSINESS Cit IS Financial Advisorls Ra ond James & Associates recommendations re: refundin of 4.7 million bond antici ation notes Series 1989 and exchan in for 1990 BANis - Mr. Stan Livengood, Vice President, Raymond James & Associates, stated their recommendation is that Council authorization be given to enter into negotiations with Sun Bank for reissuance or exchange of 4.7 million of outstand- ing 1989 BANis and a like principal amount of 1990 BANis. He pointed out the outstanding notes mature July 26, 1990, and the present 1989 BANis with the 1964 bonds and 1988 Gulf Breeze loan must be defeased or reissued prior to the City's being in a position to enter into a loan agreement with DER for the 4-1/2% 1990 loan. He stated in July, 1989, when Sun Bank was selected to sell or underwrite the notes, it was done on competitive bid basis and Sun Bank was the lowest and was se 1 ected as the purchaser of the BAN IS. He recommended rather than go through the competitive process again that Council authorize entering into negotiations with Sun Bank for exchange of the 1989 BANis for 1990 BANis. He said theylre comfortable that Sun Bank had the lowest rate last year and they agreed the interest rate for 1990 bonds will be directly related to interest rates for the market conditions of last year and wi 11 be able to look at comparable debt offerings in the market. He added they donlt believe with the time frame they have to be ready to sign the agreement on or about June 1st with the State that a competitive situation will create or produce lower rates and may possibly delay and complicate the situation. He requested a motion author- izing the staff and consultants to negotiate with Sun Bank and bring back a recommended 1990 BAN agreement for Council's action on May 21st, the next regular meeting. Councilman Hatfield moved they accept the proposal of Raymond James. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Mr. Livengood stated they have a resolution 90-R- with a black line copy of a document entitled IIWastewater Treatment and Stormwater Management Revolving Loan Fund Agreement II and itls a ministerial type resolution and DER regulations regarding the agreements require that borrowers, such as the City of Edgewater, will be by resolution authorizing submission of the loan application and author- izing the Mayor and City Manager to sign the loan application, which is a very complex document. Councilmember Bennington asked if they can vote on a reso 1 ut i on that wasn I t pub 1 i shed or 1 i sted as an i tern on the agenda. City Attorney Alvarez replied itls 6.A. Councilmember Bennington pointed out they took care of 6.A. for negotiations with Sun Bank and she wants to be sure they can vote on the resolution. City Attorney Alvarez pointed out the resolution arrived that day. Councilmember Bennington asked if the resolution is needed to negotiate with Sun Bank. Mr. Livengood replied without this resolution they canlt submit to the State with a loan application for the 4-1/2%, 7.3 million, 1990 revolving fund loan and they need to get it processed and Ron Ferland is prepared to have it in their hands tomorrow if the resolution is approved tonight. Councilmember Bennington asked if the resolution is to submit an application and authorizing the City Manager and Mayor as their representatives. Mr. Livengood replied yes. City Attorney Alvarez asked if it involves expendi- ture of funds. Mr. Livengood replied no, it says the City is aware and author- izes application for a 7.3 million loan at low interest rates from the State pursuant to their program of low interest rate loans and doesnlt authorize any expenditures of money, that can only be done pursuant to contract that will have to come back before Council for a bid process. Councilmember Bennington again asked the City Attorney if they can vote on it. City Attorney Alvarez replied it should have been an amendment to the agenda but there was no time so they have no choice other than to proceed or they'll lose time. 2 Council Regular Meeting Minutes May 7, 1990 ~ ~ NEW BUSINESS (Continued) C;ty's Financial Advisor's (Ravmond James & Associates) recolllllendations re: refundin of 4.7 million bond antici ation notes Series 1989 and exchan in for 1990 BAN's Continued) - Mr. Livengood stated held take responsibility as late last Thursday and Friday they were preparing the documents and discovered a resolution has to be adopted and the form was provided by DER and bond counsel drafted it over the week end. He apologized that it wasn't in usual form and in the agenda packet. City Attorney Alvarez asked if they have any alternatives, because he doesn't think they do. Councilman Hatfield moved they adopt 90-R-31. Councilmember Bennington seconded the motion, adding it's considering the circumstances. Mayor Mitchum read the resolution. RES. 90-R-31 - A RESOLUTION AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHMENT AUTHORITY TO UNDERTAKE THE PROJECT. Motion CARRIED 4-0. Mr. Livengood stated they have two add i t i ona 1 documents, one is a 55-page resolution authorizing acquisition and construction of extensions and improvements to the water and sewer system and an 8-page document entitled IIEscrow Deposit Agreement II , which were provided for information and review prior to the May 21st meeting when they hope to have several items for consideration and approval. He stated he hopes to have the document for exchange of the 1989 to 1990 notes at that meeting and they'll be issued pursuant to this bond resolution. He added they need to have documents establishing the escrows pursuant to the escrow agreement by which the 1964 bond and 1988 Gulf Breeze pledge agreements will be defeased and then the City will be in the position to execute the 1990 revolving loan agreement with the State. He added that will probably be the first meeting of June to get the State revolving loan agreement for approval. Norman Billups re: Article 1 of Constitution. Bill of Riahts. freedom of speech Norman Billups, 1860 Pine Tree, stated he had copies of five of the most important documents on this earth: the Magna Charta; the Declaration of Independ- ence; the Constitution of the United States; the Bill of Rights; and official Florida Statutes, 1989, Volume 5, Article I, Section 4. He suggested these be required reading by every elected official and appointed member of the City staff, including the City Manager, City Engineer, Finance Officer, and City Attorney, with a signed statement they've read and fully understand them. He stated the City Charter should include the above in a Code of Ethics stronger than the bare minimum required by the State as well as Volusia County. He pointed out the Code of Ethics in the Charter would prevent future Councils from continuously changing things around to suit themselves by enacting ordinances and keeping the City in constant turmoil. He said Charter changes must be made by a referendum which would protect the citizens. He explained the definitions of four major virtues: brotherhood, duty, honor and loyalty, adding when cultivated, theylll be eligible for leadership. Mr. Billups stated the Charter Review Committee requested citizen input and hels asking them to review these five documents and comply in the Charter and donlt change present terms of office or election dates, and no staggered terms. He suggested the Code 2-29, page 205, be changed from 3 to 5 minutes for citizens to address or question individual Council persons, City Manager, contractors, and other staff members without obtaining permission from the presiding officer. He suggested it be in the Charter and eliminated from the Administrative Code, which would eliminate any possibility of the gag rule. Mr. Billups read from Amendment 1 of the Constitution regarding freedom of speech. Mr. Billups suggested that the Councilwoman from zone 2 do her homework and come to the point instead of thinking out loud. Mr. Billups stated that the Mayor and zone 2 Councilwoman could have been dealt with by the State's Attorney for not complying with Amendment 1 of the Bill of Rights of the United States at the April 16th meeting. He added that flag burners have more freedom of speech than the Mayor grants to c i t i zens. He suggested they not use the excuse of Robert's Rules as these are supplementary only. 3 Council Regular Meeting Minutes May 7, 1990 'W' ...., NEW BUSINESS (Continued) Norman Billups re: Article 1 of Constitution. Bill of Rights. freedom of speech (Continued) Mr. Billups suggested the City Manager cooperate with all City Council members and do the job he's paid to do. He said he should stop playing politics by withholding important information from some of the Councilmen which hampers their ability to properly carry out their duties. He stated the City Manager is allegedly guilty of carrying out vendettas against those that don't agree with him and it's known he's hard to get along with. He stated there are too many reports that shouldn't be ignored and Council should complete serious unfinished business and introduce a motion and vote tonight to do a complete background investigation of the City Manager and include this in the new City Charter to cover the City in the future. He stated the Civil War with old Edgewater versus Florida Shores should cease and they should unite to help each other as it's one city, and not two. Mr. Billups suggested Council should be closer to the public as the artificial elevation gives the impression of superiority and intimidation. He asked them to leave the stage and conduct the meetings at no more than 2 feet above the audience and get a decent p.a. system with lapel microphones that was promised more than a year ago. He suggested the Police Chief could monitor the volume by remote contro 1. Mr. Billups stated the whispering between Council and staff during public meetings creates suspicion and there shouldn't be bunching up between Council during recess and what they say should be said in public. He suggested they could circulate among the public during recess. He added that some people are shy and won't address them. Mr. Billups suggested they make Hospitality City a fact, not a farce. Mr. Billups stated the citizens have the right under Amendment 1 of the Bill of Rights to present their grievances and they protest the secrecy and unethical manner in which the selection of a City Engineer is being conducted. He requested the selection be made in the Sunshine. He said too much taxpayers' money is involved and there can be no suspicion of politics or back room deals or payoffs. He stated the City Manager's out of line in not revealing the names and qualifications of all applicants and should be admonished, especially since one of the selection board members is the City's consulting engineer and it's a conflict of interest. Mr. Billups distributed copies of the documents held read to Council and the press. Perry Barrett re: occupational license for gas station at 325 N. Ridgewood Avenue Attorney Bi 11 Hathaway, 500 Cana 1 Street, New Smyrna Beach, represented Mr. Perry Barrett. He stated theylre seeking an occupational license for a business at 325 North Ridgewood Avenue known as Gas Stop and there are two issues they need to address regarding the failure to issue the license. He stated held gone to City Hall to apply for a building permit and was issued several permits for the work done. He submitted copies of the application he feels is significant in this case. He pointed out the only thing rejected was putting a satellite dish on the roof. He briefly reviewed the other items on the application. He noted he was issued by the City an electrical upgrade permit, additional electrical circuits permit, removal of underground tanks permit, and interior remodel permit and in reliance of that, Mr. Barrett proceeded with the work to be done and accomplished it. He stated that when it was done, on March 29th he applied for an occupational license and expected a timely response but none was forthcoming and it was inquired why it was delayed and then a second inquiry was made and was told by an official that a certified letter would be coming as to why he wouldn1t receive his occupational license. He added that time passed and he didn't received a certified letter and as of this date, about 6 weeks after application, he's received no word in writing as to why it was denied. Mr. Barrett said he met with the City Planner to find out why the application was not timely processed and never received anything in writing, but was orally told this was a change in use. He pointed out Code provisions for the B-3 highway business deal with issuing building permits and page 1608.1, paragraph J, pertains to site plan approval and after site plan approval by the Agency and City Manager the Chief Building Official is to issue the building permit. 4 Council Regular Meeting Minutes May 7, 1990 ..... ...." NEW BUSINESS (Continued) Perry Barrett re: occupational license for gas station at 325 N. Ridgewood Avenue (Continued) Mr. Hathaway stated that after the work was done the City orally told him, and not in writing, that he needs a site plan because it's a change of use and itls no longer a service station under the definition of the Code. He pointed out B&M Automotive had an occupational license there and operated as an auto service. He said there are two types of auto service, Type A and Type B, and Type A which doesn't include mechanical or body repairs and Type B includes upholstery and certain work such as installation of accessories and tires. He stated Type A is primarily involved in sale of fuel and lubricants and other products and that's what theylre engaged in and what their predecessor did. He pointed out they said it's a change in use because he's not emphasizing the mechanics and they can only do light servicing. He stated he intends to be a full service gas station with an attendant that washes the windshields and checks oil and fluid levels. He said there's a letter from the prior owner that set forth the type of business she was engaged in and Mr. Barrett will be engaged in the same business but won't emphasize repairs the way the prior owner did. Mr. Hathaway stated the prior owner sold cigarettes, cold drinks, and ice cream and Mr. Barrett won't sell ice cream but will sell limited items such as beer, milk, ice, and potato chips. Mr. Hathaway stated there's no impact on the property and the footprint of the bu i 1 ding hasn't changed whatever and there are aesthet i c and v i sua 1 improvements. Mr. Barrett distributed copies of the documents and photos. Mr. Hathaway requested Council grant relief to Mr. Barrett by granting him an occupational license to continue the use of the premises under the same occupational license as was previously issued to the prior owner. Counci1member Bennington asked if they want a Type B service station. Mr. Hathaway replied they're not particular and they feel Type A is more restricted than Type Band he won't do upholstery work. He added that shouldn't have been the determining factor of change of use, but they'll accept Type A or Type B. Mr. Johnson stated the building permit application doesn't have anything about renovation and the drawing in the back of the package shows extensive changes with a cooler and bay doors taken out and closed up and it doesn't have the same appearance. He added the prior business was out of business over six months, and they discussed it with him and left word with Mr. Hathaway's office but didn't get a call back. He said they should go through site plan review before LDRA and they contend it's a change of use in the type of service facility. He said the permit application didn't go into detail but just small renovation work was what they anticipated and they got full blown renovation and that was the basis for denial. He pointed out the application for license came in long before it was ready to be inspected and it was not out of order, as you don1t get the permit until the building's been inspected for the work done. He again stated it needs to go to LDRA for site plan approval to be in compliance. Mr. Mark Karet, Director of Planning and Zoning, explained that with many renov- ations of buildings site plan approval isn't needed, but with changes of use site plan approval is required. City Attorney Alvarez agreed. Mr. Karet stated regarding the footprint being changed, the change of use hasn't changed the foot- print but has changed the exterior impact, such as trips generated for conven- ience stores as opposed to gas stations. He said the impervious surface wasn't changed but the building should be looked at to be brought up to Code and they just want it done to Code with adequate parking and handicap and see that storm- water is addressed. He pointed out he'd apologized to Perry Barrett and his attorney for not contacting them in writing but his memo indicates they weren't left in the dark and when Perry Barrett made application March 29th he talked to his attorney in regard to two cases, extension of site plan and also in regard to a ditch on the property adjacent to the school. Councilmember Bennington asked if Mr. Barrett was ever told to go to LDRA as an alternative. Mr. Karet said he explained it to his attorney and to Mr. Gei1 who handles his development services, and when his representative came to the office he didn't meet her directly but she was told there were questions on the change of use and they were aware of the problem and in each case the site plan problem was made reference to. He added a member of his staff and a representative of Perry Barrett talked about a letter and when they asked for a license he told them they would hear from them in a few days. He stated the Comp Plan is his only excuse. S Council Regular Meeting Minutes May 7, 1990 ....,. ......, NEW BUSINESS (Continued) Perry Barrett re: occupational license for aas station at 325 N. Ridaewood Avenue (Continued)Councilmember Bennington asked for an explanation of the procedure when someone wants an occupational license for B-3 zoning. Mr. Karet explained they ask the type of business and discuss some of the aspects of the business to determine how they would classify the use and then discuss wither itls a change of use or continued use of that structure and then schedule inspections for actual removal if they're required. Councilmember Bennington asked if they come to the Planning Department before they get building permits. Mr. Karet agreed. Councilmember Bennington asked if they go to Building instead of Planning if they're going to renovate. Mr. Karet replied most people donlt have a change of use with renovation and it doesn't come up a great deal. Councilmember Bennington asked if they have a set policy when someone asks a procedure. Mr. Karet replied occupational license applications go to Planning Department first. Councilmember Bennington stated in this case Perry Barrett went to Building and then to Planning. Mr. Karet agreed. Councilman Hatfield asked if the contention is that this is not a Type A or Type B, but a convenience store that sells gas. Mr. Karet replied in renovating the building they changed it from Type A service building to convenience store. Councilman Hatfield asked what makes this a convenience store instead of gas station. Mr. Karet replied the difference was that B&M was the traditional gas station with repairs but Perry Barrett eliminated the bays and put the entire space over to retail sale of food items and changed it from Type B auto service to convenience store, and with change of use the Code requires you go to site plan approval. Councilman Gold asked what deletion would have to be made so itls not a change of use. Mr. Karet replied if he would open one of the bays and service vehicles he wouldnlt have a change of use and held just have to meet requirements of the Building and Fire Codes. Councilman Gold asked if it wouldnlt be a convenience store if he opened the bays. Mr. Karet replied it would be auto service Type A or B if he opened the bays. Mayor Mitchum stated the building permit is for renovation and it doesnlt say what it's to be used for and the date on the application is 3-16 and they received the application for occupational license 3-29. He noted the type of business is gas station with incidental foods and tobacco and beverages. He asked if that threw up a red flag. Mr. Karet replied the day he received the application he discussed it with Mr. Barrettls attorney and the application was made for a sign permit and when a staff member went to Gas Stop to look at the sign she inquired of one of the workers what was being done and she was told they were making a convenience store and that raised the flag. Mayor Mitchum stated they have a drawn floor plan received April 4th. He asked his response to this. Mr. Karet replied they inquired about that and with subse- quent contacts they said they believe that with information provided they felt the use had changed. Mayor Mitchum asked the date. Mr. Karet replied there were various contacts between Mr. Geil and the manager. Councilmember Bennington pointed out the drawing of the floor plan marked April 4th came in after the certificate of zoning. She asked if it was requested. Mr. Karet replied yes. Councilmember Bennington asked when the permits were issued for the application made 3-16. Mr. Barrett replied March 19, March 28, March 9 and one in January. Councilmember Bennington asked how you get permits issued prior to application. Mr. Barrett replied he applied for a permit to remove an underground storage tank and they got a permit for an electrician and he got one March 19 to allow them to do this work. Councilmember Bennington asked if itls been going on since January for this property. Mr. Barrett replied yes, and theylve known it since January. Mr. Johnson explained he applied for a permit March 16 to renovate his business and they didnlt know he was going to convert it as he did, and if theyld known held be making those changes, held have been advised to go through the site plan process. Councilmember Bennington asked Dennis Fischer if they normally accept building permit applications written in this manner. Mr. Fischer replied they normally do not but when they ask for a permit to paint and clean up they must list the areas they'll be doing. He pointed out the first permit was removal of the underground storage tank and second was to reroof which is usually done in the 6 Council Regular Meeting Minutes May 7, 1990 ..... .."", NEW BUSINESS (Continued) Perry Barrett re: occupational license for qas station at 325 N. Ridqewood Avenue (Continued) office because it's normal procedure and shortly after that a request came in for painting. Councilmember Bennington stated she understood any building permit in a commercially zoned area had to get a certificate of zoning before a permit is issued. Mr. Fischer replied he asked the Planning Department when roofing came in if they need a certificate of zoning and they said it wouldn't for roofing or painting. He added there is one for the sign. Councilman Hatfield asked if the 10 items listed would show any sign that this was a change about to happen. Mr. Fischer replied no, it looked like they were going to open it as a gas station again. Councilman Hatfield agreed he didn't see anything to indicate it's anything but a gas station. Mr. Hathaway stated if held kept the underground tank in place rather than remove the contaminated tank, the City would be happier than they are now. Mr. Johnson explained the contaminated one doesn't relate to the other, and one is to correct an environmental problem and everyone in this County has had to do it. Mr. Hathaway stated he understands this will be okay to operate if he opens up a bay and services one car and he can continue to sell the same products as long as he has the bay door open. He stated there's no mention of a necessity of a bay door and being available for service of the automobile. He pointed out the improvements over B&M, which was an eyesore, is a benefit to the City and now he's being penalized for not doing business the same as B&M. He said there's nothing in Auto Service Type A that requires the opening of a bay door and the Planner says that if it takes place, he'll receive the occupational license. Mr. Hathaway stated he never discussed this issue with Mark Karet prior to April 30th, 30 days after he'd filed his application and the first day he knew it was an issue was April 25th when he wrote to Mark Karet and he'd had no previous discussions regarding this matter. He added that at no time did any person reduce to writing what it would take for Perry Barrett to come into compliance and because they don't do all the things under auto type A doesn't mean a change of use and he didn't step over the line of service station to convenience store and there's no need for him to be denied an occupational license. Councilmember Bennington questioned the gas pumps in the pictures provided being full service or self service. Mr. Hathaway explained he'll be open longer hours than the attendants wi 11 be on duty, 9 to 4, and they'll get fu 11 serv i ce regardless of which pump they pull up to. Mayor Mitchum stated he thinks it's a change of use and has a problem with the City's lack of written communication to Mr. Barrett and his representatives and he feels the City watched him change the use. He said he understands the strain under the Comprehensive Plan but there's no written communication except what Mr. Barrett provided to the City. City Attorney Alvarez stated the legal signif- icance of communication, whether in writing or verbally, is to provide notice so the question is was the app1 icant on notice that there was an objection regarding the issuance of the occupational license because of the contention the use had changed, and if so, when. Mr. Karet stated he'd made notes of all his conversations with the attorneys and can refresh Mr. Hathaway's memory. Mayor Mitchum asked if it has to be in writing. City Attorney Alvarez replied there's no requirement that written positions be stated, but it's the preferred way of doing business. Councilmember Bennington pointed out similar circumstances have happened to Council on several occasions and each time they've said they'll approve it and let it go but this is the last time, and how many more times will be the last time. She agreed with the Mayor that it's a change of use. She pointed out it's up to the LDRA to determine if there's an actual change of use and after they determine it, then it's determined if it needs a site plan, but he's never been advised to appeal to the LDRA. She said it looks great, but does the beautifi- cation meet all the City, County and State Code requirements. She said if they're going to be fair and interpret the Code and take a stand, she'd think Mr. Barrett needs an interpretation from LDRA on this. 7 Council Regular Meeting Minutes May 7, 1990 ...." ...", NEW BUSINESS (Continued) Perry Barrett re: occupational license for gas station at 325 N. Ridgewood Avenue (Continued) Councilman Hatfield stated convenience store versus gas station has a gray area between the two and Mr. Barrett has put himself in this area. He said he leans towards his attorney.s interpretation that it's still a gas station and whether or not he services cars, it's still a gas station and he's selling things that can be sold in gas stations, and he'll agree with Mr. Barrett and approve it. Councilman Gold stated he likes the looks of it but the type of business is the problem and the Jet station is operating doing the same thing and he'll go along with Mr. Barrett. Mayor Mitchum pointed out the Jet has a retail store license. Councilman Gold moved they grant him the type A occupational license. Councilman Hatfield seconded the motion. Councilmember Bennington asked if there's that much discrepancy between a Type A and B occupational license, as it was Type B for the prior owners. City Attorney Alvarez replied Type A is more restrictive and if one is to be granted, he thinks it should be Type A. Mayor Mitchum asked if Type A license addresses retail sales of convenience stores or do they give him an additional license for convenience store or an amendment or an add on to the license. City Attorney Alvarez replied if they do this, they recognize he changed the use and not having gone before LDRA, they'll be condoning an illegal act. Councilman Hatfield asked if he can still sell these items in the gas station. City Attorney Alvarez replied many gas stations have machines and chips and there's a gray area and they've gone into that position and it's a question of fact whether it's a gas station or convenience store and whose opinion they use, or they make their own estimation. Councilmember Bennington agreed there's a gray area and LDRA and the Planning Department need to address this issue so it doesn't happen again and she doesn't have a problem with taking Type A but she isn't happy with it. Councilman Hatfield agreed this needs to be tied up with LDRA and the Planning Department because they have a cap and they shouldn't have to make decisions like this. Mr. Johnson asked that the record reflect this is not an appeal regarding use of the building but issuance of the 1 icense and the contention is not an objection to the building but the proper procedures for it to be approved and he still contends it should be approved by the LDRA. He added they have Codes to be followed and they're asking they be followed, and the use was a decision that should be made by LDRA. Mayor Mitchum complimented Mr. Barrett on the renovation. He said he has a problem with this and agrees that whatever happens need not happen again and everything they do is to be in writing and documented. He pointed out Council's decision is to grant an occupational license and not to judge whether it was a change of use or not. Motion to grant the Type A occupational license CARRIED 4-0. Mayor Mitchum called a 5-minute recess at 8:55 p.m. He called the meeting back to order at 9:05 p.m. George P. Ewing re: taxes. ethics. Council procedures Mr. George Ewing, 2923 Royal Palm, asked about the deletion of cable TV on Ordinance 90-0-13. Mr. Johnson explained that was discussed but the motion didn't take it out so there'll be an amendment to correct it on the next agenda. Mr. Ewing stated people aren't reading or doing their homework. Mr. Ewing stated he brought up citizen participation at workshops or special meetings and wasn't called back when the City Attorney arrived at the meeting. He stated he feels citizens should be able to participate and held like Council discussion on that. Mayor Mitchum stated he feels any member of Council can request or recognize anyone they wish to speak whether at a special meeting or whatever. He added that workshops are usually between Council and staff unless Council wants input from other sources. Mr. Ewing asked if it's understood that any Council person at a workshop or special meeting can open a meeting up and it doesn't have to be a vote of the whole Council. Mayor Mitchum explained Counc il knows the ru 1 es and can recogn i ze, but the recogn i t i on has to come through the chair. Mr. Ewing read from the Charter, page 205, regarding oral communications, and said what the Mayor says changes what's in the Code. He added that they refer to Robert's Rules and he thinks shutting off a citizen 8 Council Regular Meeting Minutes May 7, 1990 ...,. ...., NEW BUSINESS (Continued) Georae P. Ewina re: taxes. ethics. Council procedures (Continued) violates Robert's Rules. He added that Congress and State legislature doesn't follow Robert's Rules and Council and citizens can make their own Council rules and some of these items should be in the Charter when it's voted on in November. Mr. Ewing recalled that Mr. Jones asked for figures on what Dyer, Riddle, Mills & Precourt had received and the City Manager told him the information's in City Hall. He stated there are so many sheets that the average citizen can't figure them out, and they should get the figures from Dyer, Riddle going back to 1985 or 1986 as he thinks they'll be astronomical and they still don1t have a pipe in the ground. Mayor Mitchum stated the bills are in City Hall and he'd direct the City Manager or City Clerk to give him that information. Mr. Ewing stated he's suspicious that Dyer, Riddle's doing work they previously did in 1986, 87, or 88. Mr. Johnson explained copies of those bills have been provided to several people in the City and they're available to him under public records. Mr. Ewing asked the amount. Mr. Johnson replied he didn't run a tally and unless Council instructs staff to do it, they're available to him to tally. Mr. Ewing stated he's not a CPA and wouldn't know if all were included. Mr. Ewing stated they had a screening committee to select an engineer and normally they have other Chiefs of other cities do interviews and he thinks engineers from Daytona Beach or Ormond Beach or New Smyrna Beach should be on that committee and Ron Ferland shouldn1t be on the committee to select his boss. Mr. Johnson explained that Ron Ferland's not selecting a boss and those on the committee looked at technical questions and he wanted people working in this profession to tell him if the people have the expertise, and the City Manager will make a decision based on what he finds out. He pointed out this is the same process used in November and press has called him on a regular basis and it was not kept a secret. Mr. Ewing stated he feels Frank Marshall should be on the committee because he originally wrote the 1985-86 gravity system. He pointed out Council is out of the picture in selecting a department head but they select for LDRA and Merit and those that aren't nearly as important. Mr. Johnson explained under the City Manager form of government he's responsible to Council for Department Heads and the Department Heads are responsible to the Manager. He said he informs Council of who he's interviewing and doesn't hire people who aren't qualified. Mr. Ewing stated some citizens aren't happy about it. Mayor Mitchum explained that's the way it is whether they agree or disagree with it and the comments would be better addressed to the Charter Review Committee. Mr. Ewing asked if the City Manager can direct or order the Police Chief to conduct an investigation if a Council member has to be investigated, and where is the line drawn. Mr. Johnson asked if it's ethical or criminal, because the Chief wouldn1t be instructed to investigate and if it's ethics, then it goes to the State Ethics Commission and the State Attorney is usually involved in other cases, or the FDLE. Mr. Ewing asked if he can ask the Chief to investigate an employee of the City. Mr. Johnson replied if it relates to business then he can ask the Police Chief if it's fraudulent activity of an employee, and they had the Chief investigate when they had facilities being vandalized. City Attorney Alvarez stated on page 199 of the Code, paragraph 11, Section 2-4, it lists the duties and responsibilities of the Manager and one is to investigate affairs of the City or any department or division thereof, and he's over all the departments and when you get over that level, you look to the State and recent amendments provide for the Governor to suspend municipal officials. He added that if it's a criminal matter, the investigation will have to be done by the State Attorney's office but if it's an ethical matter, then the Ethics Commission in Tallahassee will investigate ethical accusations. Mr. Ewing asked if the Attorney for the County could be involved in this. City Attorney Alvarez replied no, that attorney's appointed by the County Council only to handle the civil legal affairs of the County. Mr. Ewing asked if he'd go directly to the State Attorney if he had a complaint. Mr. Johnson and City Attorney Alvarez agreed that1s right. Mr. Ewing asked if the Chief knew of anything with any member of Council if he'd investigate without being directed to. Mr. Ewing stated they need an updated Code book in the Library to save City Hall a lot of time. Mr. Johnson explained they're sent supplements and he'll see it's updated. Mr. Ewing stated last November or December the City Manager said the bike paths plans would be done in January and it's now May and it's been 16 months of pro- crastination and something should be done. 9 Council Regular Meeting Minutes May 7, 1990 '-' ,.., NEW BUSINESS (Continued) Geor"e P. Ewin" re: taxes. ethics. Council procedures (Continued) Mr. Ewing stated the sewer systeml s not resolved and they vote on it and nothing's done. He asked that they get busy and get the work done. Mr. Johnson explained that a few meetings ago the Council agreed to change the bike path to Roberts Road and they're trying to secure the services they're required by St. Johns to put in and by November there will be bike paths on Roberts Road. He pointed out any paving requires drainage and to make sure it's handled properly and retained on site, and as soon as they get the elevations they'll get the plans. He said they plan to put a fishing pier in Veteran's Park and have applied for the permit. He pointed out the State is widening 442 within 3 years or so and will put the paths in and when Council was advised of it, they agreed with the new Elementary School at Roberts Road that would be the first priority. Mr. Ewing stated he paid $1,260 when his water was hooked up and now for the School Board water lines they're asking for $64,000 to come from the water impact fee fund. He asked why welre paying for water lines when the County gets 66% of their tax dollars. He recalled that when he opposed the annexation of the school, he was told it wouldn't cost the City a dime and now they're saying it's $64,000. Mr. Johnson explained the school isn't costing the $64,000, but they had a line coming that way and they paid the difference and this is upsizing of the line and nothing else, the same as the City's done in years for other developers, such as for Edgewater Landing's upsizing. He added this is part of the CIP program and the School Board paid for their own lines and no more. Mr. Ewing asked about the sewer line. Mr. Johnson replied they paid their sewer line. Mr. Ewing asked about the man on Route 1 who had to pay for a water line to put in a hydrant. Mr. Johnson clarified the School Board paid for their water and sewer lines and the gentleman at Sea Treasure only paid for the hydrant and the City will approve to go out for bids for the lines. Mr. Ewing asked why they have to pay for a larger line. Mr. Johnson replied they need a larger line in that area, and like for others in this community, they put the line in, and to serve future needs it's standard policy to do it at one time rather than our having to put the entire line in. Mr. Ewing stated held attended some Charter Review Committee meetings and they're getting a lot of objections to putting these in the Charter and they're not listening to citizen input. He suggested they change the committee and get some citizens in it because he thinks it's biased now. Mr. Ewing stated it's 16 months to resolve the sewer problem and they discussed the building permit and this is the fourth or fifth one he's heard where someone really fouled up in the City on the building permits or something else and there's some incompetency somewhere. He suggested it be corrected because it's costing them money. Mr. Ewing stated Council should introduce reform and the only ones he hears are the ones from citizens and Council was elected to protect their interests and the majority aren't protecting their interests. He asked that they try harder. He said a lot of people won't talk to Council because they're bashful and afraid. Mr. Johnson clarified the sewer project's not been going on for 16 months, but for 4 or 5 years. Mr. Ewing stated he's just talking about this Council and they had the advantage of a report of three years ago. Upsizina water main extension to new Elementary School M on Roberts Road at cost of $64.110 to be paid from water system impact fee funds - Mr. Johnson stated they'd explained this is the upsize from 8" to 16" lines and it's a line that's part of the master plan for the City. Councilman Hatfield moved they accept the City Manager's recommendation and approve the upsizing. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. 10 Council Regular Meeting Minutes May 7, 1990 'W' ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS F;rst Read;na: Ord. 90-0-17 Amend;na Art. II. Sect;on 11-26 by reaulat;na sol;c;tat;ons after dark (Tabled Apr;l 16. 1990) - Councilmember Bennington stated there's a memo in their packets and after discussing this with the City Attorney who brought up several complications with legal ramifications which he and she will work out and hope to have the entire ordinance for the next agenda and she'd like the table to continue until then, or the first meeting in June. It was agreed to bring it back on the June 4th agenda. Ord. 90-0-18 Adopt;na Edaewater Comprehens;ve Plan - Mayor Mitchum read the ordinance. ORD. 90-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE AUTHORITY FOR THE ADOPTION OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE ADOPTION OF THE EDGEWATER COMPREHENSIVE PLAN; IDENTIFYING THE CONTENTS OF THE COMPREHENSIVE PLAN; PROVIDING FOR ADMIN- ISTRATION OF THE COMPREHENSIVE PLAN, PROVIDING FOR AN ADMINISTRATIVE PROCESS FOR THE DETERMINATION OF VESTED RIGHTS; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they accept Ordinance 90-0-18 on first reading as they're on a tight time schedule. Councilman Gold seconded the motion. Motion CARRIED 4-0. Ord. 90-0-19 Creat;na Art. VII. Chapter 19. water conservat;on standards to comply w;th Volus;a County reau;rements - Mayor Mitchum read this ordinance. ORD. 90-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ARTICLE VII OF CHAPTER 19, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, RE-ESTABLISHING ARTICLE VII, CHAPTER 19, AS WATER CONSERVATION STANDARDS, BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR DECLARATION OF WATER SHORTAGE; BY PROVIDING FOR LEVELS OF WATER CONSERVATION AND USE PROVISIONS; BY PROVIDING FOR GENERAL WATER USE PROVISIONS; BY PROVIDING FOR EXEMPTIONS; BY PROVIDING FOR VARIATIONS; BY PROVIDING FOR VIOLATIONS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Ordinance 90-0- 19. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Res. 90-R-28 Adopt;na procedures for publ;c part;c;pat;on ;n plann;na process ;nclud;na amendments to Comprehens;ve Plan - Mayor Mitchum read the resolution. RES. 90-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING PROCEDURES FOR PUBLIC PARTICIPATION IN THE PLANNING PROCESS INCLUDING CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN. Councilman Hatfield moved they accept 90-R-28. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Res. 90-R-29 Appo;nt;na two members to Parks & Recreat;on Board due to exp;rat;on of terms - Mayor Mitchum requested nominations. Councilman Hatfield suggested they reappoint Harry Montgomery and Sharon Mooney Herrmann. All Council members agreed. Councilman Hatfield so moved. Councilmember Bennington seconded the motion. Mayor Mitchum read the Resolution. RES. 90-R-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of Harry Montgomery and Sharon Mooney Herrmann for three year terms to end May 17, 1993. Councilman Hatfield moved they adopt Resolution 90-R-29. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Res. 90-R-30 Appo;nt;na two members to C;t;zen Code Enforcement Board due to exp;rat;on of terms - Mayor Mitchum requested nominations. Councilman Gold nominated the current two members for reappointments, Delores Cucanich and John Christian. Council members concurred. Mayor Mitchum read the Resolution. RES. 90-R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of Delores Cucanich and John Christian, Jr. for three year terms to end May 8, 1993. Councilman Gold moved for approval of 90-R-30. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. 11 Council Regular Meeting Minutes May 7, 1990 ,... ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilmember Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Second Reading:(Public Hearing) Ord. 90-0-14 Repealing Ord. 90-0-11 which regulates outdoor display and storage as recommended by land Development & Regulatory Agency - Mayor Mitchum read the Ordinance . ORD. 90-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 89-0-11 WHICH REGULATES OUTDOOR DISPLAY AND STORAGE IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. Ord. 90-0-15 Adopting 1990 National Electrical Code and amending City's Electrical Code as recommended by Building Trades Regulatory & Appeals Board Mayor Mitchum read this Ordinance. ORD. 90-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7, ARTICLE III, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING BY REFERENCE THE 1990 NATIONAL ELECTRICAL CODE; BY AMENDING THE CITY'S ELECTRICAL CODE REQUIRING CERTIFICATION TO INSTALL OR REPAIR ELECTRICAL WIRING, BY REQUIRING A CERTIFIED MASTER OR JOURNEYMAN TO DO ANY ELECTRICAL CONSTRUCTION, BY REQUIRING THAT ALTERATIONS BY AN OWNER/BUILDER EXCLUDE CHANGES IN SWIMMING POOLS, HOT TUBS, SPAS, AND THE LIKE, BY PROVIDING LIMITATIONS ON EXPIRATION OF PERMITS AND INSPECTIONS, BY REGULATING AND REQUIRING LOCATION OF EMERGENCY LIGHTS, BY PROVIDING STANDARDS FOR OVERHEAD CONDUITS, BY PROVIDING REGULATIONS FOR THE WIRING OF PUBLIC GARAGES, CEILING FANS, FIXTURES, ALUMINUM CABLE, BY REGULATING THE RENEWAL OF NOTICES OF CERTIFICATION OF COMPETENCY, AND PROVIDING FEE CHANGE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments and there were none. Ord. 90-0-16 Amending App. A. Zoning. Section 706.00 IIFences. Walls & Hedgesll by changing maximum allowable fence height on front and side yards of corner lots from 3211 to 4811 - Mayor Mitchum read this Ordinance. ORD. 90-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 706.00, IIFENCES, WALLS AND HEDGESII OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING 32 INCH CHAIN LINK OR NON-OPAQUE FENCE (FOR TRAFFIC VISIBILITY) TO 4 FEET; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. Frank Roe, 2732 Juniper Drive, stated this is a bad ordinance and four feet is too high on a corner lot because motorists driving into the intersection and it should be left at 3211. Mayor Mitchum explained there are setback requirements. Mayor Mitchum requested a motion to go back to the regular meeting. Councilman Gold so moved. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Ord. 90-0-14 - Councilman Hatfield moved they adopt Ordinance 90-0-14. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Ord. 90-0-15 - Councilman Gold moved for approval of Ordinance 90-0-15. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Ord. 90-0-16 - Councilmember Bennington moved they adopt 90-0-16. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. 12 Council Regular Meeting Minutes May 7, 1990 ~ .."", COUNCIL/OFFICERS REPORTS (Continued) City Manager Recommendation to combine Building and Fire and Rescue Departments Mr. Johnson stated that under Section 2-4, paragraph 4, of the Code the City Manager has the authority to consolidate or combine offices, departments, etc. under his jurisdiction with the approval of the City Council, and based on the situation that's developed in the Building Department regarding some of these practices, he recommends the Building Department be put under the supervision of the Fire Chief who has Fire Codes and will have certification of Building Official. He added he feels it will be better control with less problems with follow through with zoning and other requirements. He pointed out a concern was expressed with time delay of getting permits and he doesn't think there's a problem and hopes it will be speeded up and all permitting will come through the same office and there will be written procedures within a few weeks and they hope to have it in written form for adoption by Council. He requested Council authorize him to take care of this personnel action. Councilman Gold stated the recommendation has some merit and needs further study but he doesn't feel they should have another controversial issue presented to them at this time. He added he's talked to various people throughout the community and they're strictly opposed to the idea. Councilmember Bennington stated she's talked to the City Manager about it and she thought it was a good idea when she first heard about it and she's been talking to a lot of people and wants to talk with the Fire Chief who's away taking the Building Official's test now. She said it has a lot of merit and she agrees with Councilman Gold that now isn't the time and if they have a problem in the Building Department, then the City Manager should handle it. She added that a problem in the past was too many hats on one person and she feels the timing is wrong. Councilman Hatfield stated his only suggestion is they make it for one year to see how it works out as a test and he agrees with the City Manager's recommendation. Mr. Johnson stated he has no problem with the time frame but when he was interviewed they said this was a problem area and it's led up to tonight's situation and there's still a problem. He added he feels it will function really well and everyone will be cross trained in all areas. He stated he'd talked to several builders and several expressed concern about delays, and if they have any problems, they'll address it. Councilman Gold pointed out that if there are certain problems in certain departments, the City Manager has the right to straighten the person out or get rid of him or demote him and it doesn't have to go through this. Mr. Johnson explained it's his responsibility to make an administrative decision and he feels this is the best way for the departments to function, and he'll come back with other reorganizations of other departments at budget time. Mayor Mitchum stated he respects the City Manager's decision and could concur with Councilman Hatfield that it could be on a time limit. Councilmember Bennington moved they TABLE this until they have a full Council since it will go 2 to 2 and she sees a lot of merit but has some problems she has to work out also. Mayor Mitchum suggested it be at the regular meeting the 21st. Councilmember Bennington agreed, adding she'd like to talk to the Fire Chief. Councilman Gold seconded the motion, noting it's because he felt it needed further study. Motion CARRIED 4-0. Mr. Johnson stated he'll have a report to the Mayor and Council shortly from the City Attorney regarding the discussion on impact fees on street lights. City Council Councilman Hatfield stated he understood there's a problem with juveniles being out late and no curfews. He asked that the Police Chief, City Manager, and City Attorney look into this and if there's no curfew on the books that we get something to set a curfew for our youth. Mr. Johnson stated a lot of cities have curfews and some children work. Councilman Hatfield stated he'd like a general consensus of a workable ordinance, and perhaps it could be age 16 and below. Chief Schumaker stated there's no law against a 12 year old out at 3 a.m. but there have been occasions when children that age have left their home without the parents' knowledge and if a parent is advised, then they'll take action. He added one Police officer feels the curfew is needed but he doesn't feel their problems have reached that point where it's necessary. 13 Council Regular Meeting Minutes May 7, 1990 . . , , ..." ..""II COUNCIL/OFFICERS REPORTS C;tv Counc;l (Cont;nued) Councilmember Bennington said she was advised there may be a slight problem with some members of the Code Enforcement Board not realizing where their responsi- bilities lie and she'd like the City Attorney and perhaps Council to attend some of these meetings. She noted it's a very important board and if some members don't realize the boundaries of their responsibilities they need to address it. Mayor Mitchum asked the City Attorney to try to schedule the next meeting with them. Councilmember Bennington stated Jack Ascherl told her the next Hospital Board appointment is ours and he'd like them to consider another appointment like they did before. Mr. Johnson suggested the Clerk could call the press and ask them to submit the application. Councilmember Bennington suggested he talk to Mr. Ascherl. Mr. Johnson noted the next Code Enforcement Board meeting is on the 17th in the Community Center. Councilman Gold stated the County Council is holding a meeting on the tax referendum next Monday night at 7 p.m. at the Ocean Center and they've requested that as many elected officials come as possible. QUESTIONS FROM PRESS There were no questions. CITIZEN COMMENTS Frank Roe, 2732 Juniper Drive, stated the School isn't even occupied but they have a water line and we have to operate it. He asked why they have to upgrade it before the school's open and the citizens are asked to pay for it. He also asked why it should be upgraded in this short time. Mr. Johnson explained it's not upgraded, it's upsized, and the School Board put the line in and we needed another transmission line in that area and we shared the cost for them and they paid for theirs. Mr. Roe asked if the line has to be dug up and another line put in. Mr. Johnson replied no, it's just asking for authority to pay for it and we have agreements with others. Mr. Roe asked why the City would pay for it. Mayor Mitchum explained the City didn't pay to put the line in and they're required to put the service in but they're only required to bring the size for their service and the City instead of having a 8" line which the School Board needed, and while the hole was there, we paid the cost difference between the 8 to 16" 1 ine so it will be in 1 ine when we sell our services south in that region and we'll have the capacity. He added weill collect impact fees to keep from digging it up twice and the City didn't pay anything for the water for the School Board. Mr. Roe asked why the School Board didn't have to pay for the larger line. Mayor Mitchum explained by law they're not required to pay for anything larger then they'll need. James Inman, 2948 Travelers Palm, asked if they included 30th when they established the priority of bike paths of Roberts Road. Mr. Johnson explained it's 30th and the part on Roberts Road the School Board should take care of. Mr. Inman stated they have a problem on Park Avenue for bikes and it's been kicked around since 1984 and havenlt had success. He expressed his concern for the heavy traffic on Park Avenue in the mornings with the cement plant. He noted that Wildwood was 1.9 miles from the school and they couldn't get buses and they're fortunate no child was injured while riding a bike on Park Avenue. He asked Council to consider the priority on Park Avenue because he feels it's equally or more important. Mr. Johnson explained the County's doing plan drawings and the County will do that work and it's in their plans. Mr. Inman asked the dates. Mr. Johnson explained they're going through design now and should be awarded the next fiscal year and he'll get an update and let him know. Councilmember Bennington pointed out the Park Avenue bike path was started in 1984 and this Council has written to the County and asked them when they'll put it in. Mr. Inman recalled the City started to put it on the North side and was stopped. Georae Ew;na stated the City Manager said regarding the water the increased cost is only for the piping and that wasn't clarified. Mr. Johnson explained the only cost is between the 8" and 16". 14 Council Regular Meeting Minutes May 7, 1990 . \. .. ~ .."", ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Hatfield so moved. Councilman Gold seconded the motion. Meeting was adjourned at 10:25 p.m. Minutes submitted by: Lura Sue Koser ~L~~/~/-~ M OR --r--- ~ /:; ATTEST: APYI9ved th i s .~ I day of ;Zt~.-. , 199~ / ' r:f f:?L~~~ MAYOR 15 Council Regular Meeting Minutes May 7, 1990