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05-21-1990 - Regular ~ ... ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 21, 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 Jose' Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Excused Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Rev. Dr. Tee, Edgewater Union Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reaular Meetina of May 7. 1990 - Councilman Gold moved for approval of the minutes. Councilmember Bennington seconded the motion. Motion CARRIED 4-l. Councilman Fish voted NO because he did not attend that meeting. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, Shangri-La, expressed his happiness with being a resident due to the latest crime report which listed Edgewater as an outstanding City for the second consecutive year among the 8 cities of Volusia County with a population of more than 10,000. He stated the Police Chief and Police Department are doing a good job and they've ranked second in Volusia County. He noted that in spite of our growth in the past 5 or 6 years our crime rate has gone down and a lot of this is due to our Police Department under the leadership of Chief Schumaker and to the city which gives the Chief the means to do it. Mr. Fazzone stated there were 12 to 15 people at the Fire Station last Saturday cleaning and washing cars to raise money for the Beautification Committee, and also around the City Hall and other parts of the building people were cleaning up and the front of the building looks 100% better than it has the last 5 or 6 years and it's due to people being conscientious. Tom Owens, 1864 Travelers Palm, contractor with an office at 1925 Guava Drive, asked if he could address Council under Unfinished Business regarding combining Building and Fire and Rescue. No Council member expressed an objection. Frank Roe, 2732 Juniper Drive, asked how much money is left of the $4.7 million. Mr. Fred Munoz, Finance Director, replied $3.2 million. Mr. Johnson pointed out they spent over $500,000 for the property. Mr. Roe asked where the other million went. Mr. Johnson replied there are other expenses. Mr. Roe stated there's not a hole in the ground yet and they're spending money like water. James Inman, 2948 Travelers Palm, stated held reviewed the Sunshine Manual, Part II, entitled public records, and Florida Statutes 119.07 entitled inspection and examination of records exemptions, regarding copies to be furnished upon payment of fee which would be an actual cost of duplication of the record. He said the fee should be actual cost for duplication which is the cost for material and supplies used but doesn't include the labor cost or overhead cost associated with such duplication. He added Res. 84-R-40 dated March 29, 1984, allowed the City to charge anyone who receives documents 25 cents a copy. He pointed out you can get copies within the city for 5 cents a copy, the Library charges 10 cents, New Smyrna Beach does not charge, South Daytona charges 5 cents and Port Orange charges 10 cents. He asked Council to take this into consideration and comply with this Government in the Sunshine Manual under Florida States 119.07. .., "'-' CONSENT AGENDA Approval of expenses for Florida League of Cities Annual Convention Oct. 11-13. 1990. at Walt Disney World Dolphin: Replacement of plants destroyed by winter freeze at Library: Self-Insurance Committee's recommendation to settle claim i nvo 1 v i ng C Uy veh i c 1 e and Stan 1 ey Steemer van in amount of $1.269.67: and Appointing negotiator for City's three bargaining units - Councilman Fish moved they close and accept the consent agenda. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Engineering Report on Stormwater Master Plan by Dyer. Riddle. Mills. and Precourt Ron Ferland, Project Manager, Dyer, Riddle, Mills & Precourt, Inc., introduced Mr. Bill Musser, Project Engineer for the Stormwater Master Plan. Mr. Musser had a large map displayed which showed the various basins and problem areas such as Shangri La and Wildwood. He explained the various plans for remedying the problems, such as enlarging pipes, rerouting, correcting swales, and retention ponds. He showed on the map the 18th Street Canal, Turnbull Basin, and Gabordy Canal. He stated the estimates costs which include engineering, permitting and construction, are $438,000 for Gabordy with renovation of all canals in that system except for two; with the 18th Street Canal the Florida Shores CIP is doing the engineering design required for placement of any infrastructure pipes and the total costs would be $1,161,000; and the Turnbull Basin cost is $134,000, which is a grand total of $1,733,000. Mr. Musser stated they've suggested four phases which are shown on a color coded map on page 54 of their report. He said they've prepared plans and given Carl Overstreet a copy and he'll know what he can maintain without requiring a permit. He stated th i s wi 11 be submi tted wi th any comments from th i s meet i ng and a construction permit for the Florida Shores subdivision will be concurrent with the engineering plans that are being done by Mr. Ferland. He pointed out the construction will be on a separate permit to the Management District. Council- member Bennington asked if they'll work on priority 1 first. Mr. Musser replied that's what they're recommending. Mayor Mitchum pointed out that includes Shangri La and Wildwood. Mr. Musser agreed. Councilmember Bennington asked if that's the figure of $438,000. Mr. Musser explained priority 1 isn't broken down as a separate cost. Mr. Ferland pointed out Gabordy Canal projects are mostly priority 1 projects and the solution to the drainage problem is to reroute the canal because you can't get to it, it's the wrong size, and culverts are too high, and to reroute down Ocean and Hart is $265,000. He said then Shangri-La will discharge and Wildwood is a combination of removing the check dams and deepening the canals and improving the conveyance of water under the railroad tracks. He added that's a City-wide benefit. Councilmember Bennington asked how many years are estimated it will take to complete this. Mr. Musser replied it depends on financing. Councilmember Bennington asked if they're paying for this from the $3.00 stormwater fee. Mr. Ferland replied yes, and it's the City's choice to do a little each year on a cash basis or obligate some of it and issue bonds and get it done all at one time. He added Gabordy can be budgeted for next year and Florida Shores 18th and Turnbull will be part of the total Florida Shores CIP. Councilmember Bennington asked if the drainage will be put in when they tear up the roads and replace the culverts and sewer lines and if they will pay for the roads torn up. Mr. Ferland replied that's in the fine lines of where it comes from and they may put some retention basins in the east/west roads they vacate. He clarified the wastewater program is digging and replacing which will be funded by the wastewater program and inverted elevations will be paid for by the stormwater utility revenues and if it's associated with paving the unpaved roads, then that's part of the Florida Shores special assessments with the 1/3 paid by the City and 1/3 each by residents on each side of the street. He added the formulas will have to be derived for some situations. Councilmember Bennington asked if they'll start with the permitting process if they adopt this. Mr. Ferland replied if the City accepts this report they're ready to apply for a conceptual permit for the whole program and when St. Johns issues the permit, then they'll check the design and construction permit to see if it conforms. 2 Council Regular Meeting Minutes May 21, 1990 'W' ...., NEW BUSINESS Engineering Report on Stormwater Master Plan bv Over, Riddle, Mills, and Precourt Councilmember Bennington stated there's a serious problem in the North end of town and she'd like to clear it up as soon as possible. Mr. Johnson stated they'll have recommendations in the budget process to have funds to do that. Councilman Hatfield asked if they'll budget it for this next year. Mr. Johnson replied they'll be given a list of the first priority projects and whatever Council approves, that's as far as the money goes. Mayor Mitchum suggested a motion to accept the report. Councilmember Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Nora Gillespie1s report on Big Wheels Bike Way - Mrs. Gillespie, 1719 Willow Oak, Chairman, Big Wheels, distributed copies of her report to Council. She noted there's a two page report, the bill, a membership list, and canister location list, a sample certification, and her certificate. She asked Council to order their tee-shirt and make donations. She said there are 100 canisters. She requested $213 to buy the tee-shirts which would be a rollover account to provide for future purchases. She thanked City Clerk Susan Wadsworth for the time she gave when she went over the bike way with her. She stated a space has been secured for a July 4th booth and they've had suggestions for other projects. She stated they have $35 in the recycl ing account. She asked they push the recycling because it saves the City money for the landfill. She stated they saved the City $3,385.28 for time and materials donated and have taken in to date after a start of $1,100, $1,233.60, plus today they got $20.47 in canisters and a $50 donation from Smyrna Auto Air. Councilman Fish thanked Mrs. Gillespie for all her time and efforts as he thinks it's a real good cause. Mrs. Gillespie said they need more volunteers and they need $312 to purchase tee-shirts. Mayor Mitchum stated they could cover it from what they have. Councilmember Bennington moved they accept Mrs. Gillespie's recommendation and approve the $213. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mrs. Gillespie stated the House has passed HB 373 sponsored by Representative Mims regarding bicycle safety regulations. She also stated she's not totally happy with the Transportation Element of the Comprehensive Plan. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Reading: Ord. 90-0-20 amending garage sales by deleting flea markets and providing sales to be held at residentiallv zoned propertv - Mayor Mitchum read the Ordinance. ORD. 90-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 12, ARTICLE II, "GARAGE SALES", SECTION 12-41 (A) BY CHANGING THE DEFINITION OF GARAGE SALES BY DELETING FLEA MARKET AND PROVIDING FOR SALES TO BE HELD AT A RESIDENTIALLY ZONED PROPERTY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 90-0-20. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 90-0-21 amending Chapter 16, Taxation, bv deleting cable TV as a taxable item - Mayor Mitchum read the Ordinance. ORD. 90-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 16, TAXATION, or THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING CABLE TELE- VISION AS A TAXABLE ITEM; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Ord- inance 90-0-21. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 90-0-22 amending Sec. 11-20, reducing excise tax on insurance companies from 1% to .85% - Mayor Mitchum read the Ordinance. Ord. 90-0-22 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER II, ARTICLE II, MISCELLANEOUS TAXES AND REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DECREASING THE EXCISE TAX ON THE GROSS AMOUNT OF PREMIUMS ON MUNICIPALITIES POLICE RETIREMENT FUNDS FROM ONE (1%) PERCENT TO .85 PERCENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 90-0-22. Councilman Gold seconded the motion. Motion CARRIED 5-0. 3 Council Regular Meeting Minutes May 21, 1990 ........ ...", ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Ord. 90-0-23 amending budget ordinance - Mayor Mitchum read the Ordinance. ORD. 90-0-23 - AN ORDINANCE AMENDING ORDINANCE NO. 89-0-25, THE FINAL BUDGET ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, BY AMENDING CERTAIN REVENUE AND EXPENDITURE ITEMS OF THE GENERAL FUND AND CERTAIN REVENUE AND EXPENDITURE ITEMS OF THE REFUSE COLLECTION FUND; SHOWING A MORE DETAILED BREAKDOWN BY "EXHIBIT A"; CONTAINING A REPEALER PROVISION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 90-0-23. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Ord. 90-0-24 amending Charter. Chapter 27532 of Florida Special Acts of 1951. as amended. to clarify City's power to issue bonds under General State Law in lieu of specific provisions of its Charter - Ord. 90-0-24 - AN ORDINANCE AMEND- ING THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, BEING CHAPTER 27532, LAWS OF FLORIDA, SPECIAL ACTS OF 1951, AS AMENDED, SO AS TO CLARIFY THE CITY'S POWER TO ISSUE BONDS UNDER GENERAL STATE LAW IN LIEU OF SPECIFIC PROVISIONS OF ITS CHARTER; PROVIDING AN EFFECTIVE DATE. Councilmember Bennington moved they approve this ordinance but make a change in Section 5, the 17th day of May should be the 21st. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 90-0-25 adopting floodplain management regulations to comply with National Flood Insurance Program - Mayor Mitchum read this Ordinance. Ordinance 90-0-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 9.5, ARTICLE II, "FLOOD DAMAGE PREVENTION II OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING DIVISION I. Generally, SECTION 9.5- 25, "DEFINITIONS", 9.5-27, "BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD", BY AMENDING DIVISION 2, ADMINISTRATION, SECTION 9.5-37, "DESIGNATION OF CITY ENGINEER", SECTION 9.5-38, "PERMIT PROCEDURES II , SECTION 9.5-39, "DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL AND CITY ENGINEER", SECTION 9.5- 40, "VARIANCE PROCEDURES II , BY AMENDING DIVISION 3, STANDARDS AND SPECIFICATIONS, SECTION 9.5-44, "GENERAL STANDARDS", 9.5-45 "SPECIFIC STANDARDS II , 9.5-46, II STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD Elevations AND/OR FLOODWAYS", CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Johnson pointed out there's a change on page 5, Section 9.5-38, where Building Official should be changed to City Engineer. Councilmember Bennington moved they adopt this ordinance with that change. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 90-R-32 reappointing Dr. Lawrence E. Tee as honorary Police Chaplain - Mayor Mitchum read the Resolution. RES. 90-R-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING REVEREND LAWRENCE TEE AS HONORARY POLICE CHAPLAIN TO THE CITY OF EDGEWATER POLICE DEPARTMENT; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 90-R-32. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 90-R-33 authorizing City Officials to execute Manaaement Agreement with Board of Trustees. Internal Improvement Trust Fund Re: Swimmina at Menard-May Park when approved by Volusia County Health Department - Mayor Mitchum read this Resolution. RES. 90-R-33- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGE- WATER, FLORIDA, TO EXECUTE A MANAGEMENT AGREEMENT FOR CERTAIN SOVEREIGNTY SUBMERGED LANDS IN VOLUSIA COUNTY, FLORIDA, WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND RELATING TO THE SWIMMING AREA ADJACENT TO MENARD- MAY PARK; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 90-R-33. Councilmember Bennington seconded the motion. Councilman Hatfield asked if they'll allow swimming aga in. Mr. Johnson replied it I s if it meets the standards and we applied for it 3 or 4 years ago and the recommendation is to apply for it in case it gets cleared. Councilman Hatfield pointed out there was also a problem with the Coast Guard saying it was too close to the channel. Mr. Johnson explained it gives us the control of the area and the distance from the channel is 127 feet from the closest point. Councilman Hatfield noted they'll move it closer if they ever do it. Mr. Johnson said then they'd have permission to use the land. Motion CARRIED 5-0. 4 Council Regular Meeting Minutes May 21, 1990 '-'" ..... ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 90-R-34 Authorizing appropriate officials to execute amendment No. 1990-02 to agreement with Dver. Riddle. Mills & Precourt. Inc. for design and cons- truction management of N. U.S. 1 water distribution system improvements and authorization to proceed with plans and permit application and solicit bids Mayor Mitchum read the Resolution. RES. 90-R-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER. FLORIDA. AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER. FLORIDA, TO EXECUTE AMENDMENT NO. 1990-02, "ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE NORTH U.S. 1 WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold stated he realizes the long term need for overall fire protection on the east side of U.S. 1 but he doesn't think they can do $176,000 at this time. He suggested they go to alternate 2 which would be a better solution and short term. He asked why they can't have the new City Engineer do this work when he gets on board to save the City money. Mr. Johnson explained they're not dealing with an open cut but trying to put a water line under a sidewalk that's in the right of way and the engineering has to be done for jack and bore under Route 1 which requires details and permitting. He added the commitment was made when they approved Nester's property that this would be done and there are other areas that don't have adequate fire protection. He said $22,000 for design and inspection is within reason and they feel it's economical because they'll have the roads torn up and they have to get permits from DOT and DER and other agencies and the sidewalk will have to be replaced. He pointed out the funds are in the impact fees and the top would be $176,000 and the bid will be awarded by Council when they get the specifications and permits done. Councilman Fish moved they adopt 90-R-34. Councilman Hatfield seconded the motion. Councilmember Bennington stated she has the same reserves as Councilman Go ld about us ing the in house Engineer but they need to do it right away. Councilman Fish stated he felt the same way but they can't wait until the man is on board and accl imated and they need to move ahead with some of these projects. Motion CARRIED 4-1. Councilman Gold voted NO. Res. 90-R-35 Authorizing Escrow Deposit Agreement: refunding of outstanding 1964 Revenue Bonds and 1988 Gulf Breeze Pool Loan: issuance of $4.7 million bond anticipation notes: payment of interest on 1989 bond anticipation notes: authorizing appropriate City officials to execute all necessary documents - Mayor Mitchum read the Resolution. RES. 90-R-35 - A RESOLUTION AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSION AND IMPROVEMENTS TO THE WATER AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, AND THE REFINANCING OF CERTAIN OUTSTANDING DEBT OF THE CITY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $15,000,000 WATER AND SEWER REVENUE BONDS, SERIES 1990, TO FINANCE THE COST OF SUCH PROJECT AND REFINANCING; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS AND NOTES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; REPEALING PRIOR AUTHORITY TO ISSUE BONDS; DESIGNATING THE NOTES AS A QUALIFIED TAX-EXEMPT ORGANIZATION: PROVIDING FOR NEGOTIATED SALE OF THE NOTES TO SUN BANK. NATIONAL ASSOCIATION UPON TERMS SPECIFIED HEREIN; AND PROVIDING AN EFFECTIVE DATE. Councilman Gold asked Mr. Livengood about information he'd received that Congress had authorized the U.S. Treasury to grant cities that put in capital improvements on wastewater and sewer an interest free loan and the person was to contact Rep. James to give us details. Mr. Stan LivenQood, Raymond James & Associates, stated he wasn't aware of this and it must be at discussion stage but the budget committees have to cut dollars and not spend them and it would probably take one year plus to get it through Congress and then to set rules and regulations of disbursing the funds and he doesn't think it's something that would be of benefit because of timing. He cited a recent example with an EPA loan and about eight months to get rules and regulations. Mr. Ferland stated it's about a year before they put the money in anyone's hands. Mr. Livengood stated it's just an idea or discussion in Washington and he doesn't feel it's a viable financing alternative the Council can consider at this time. Councilman Gold asked if they can apply for it if it comes about and it won't hurt anything. Mr. Livengood replied absolutely. Mr. Johnson agreed they'd check with them to get details. 5 Council Regular Meeting Minutes May 21, 1990 ... ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 90-R-35 Authorizing Escrow Deposit Agreement: refunding of outstanding 1964 Revenue Bonds and 1988 Gulf Breeze Pool Loan: issuance of $4.7 million bond anticipation notes: pa.vment of interest on 1989 bond anticipation notes: authorizin a ro riate Cit officials to execute all necessar documents Continued Mr. Livengood reviewed the items that would be included with adoption of the resolution: the escrow deposit agreement with money put in escrow to payoff the outstanding 1964 bond and 1988 Gulf Breeze Loan; refunding of those two obligations; sale of $4.7 million of Series 1990 bond anticipation notes to Sun Bank with interest rate of 6.75% which is felt is a reasonable rate and within the market limits and they didn't expect it to be bettered if a competitive sale were to be held. He stated he has commitment letters and disclosure letters from Sun Bank related to the transaction. He added they'd be authorizing the payment of interest on the 1989 BANis to their maturity dates or the redemptions which would be June 7th. He pointed out they borrowed $4.7 last July and that will be redeemed June 7th and replaced with a new $4.7 million but there's interest from last July to this June which will be paid from the proceeds of the 1989 BAN's. He said they'll authorize subscribing to u.S. treasury State and Local Government Series Securities and they may not need to use them but they'll be authorized in the event they're needed. He added they're also authorizing the Mayor, City Manager, City Attorney, and City Clerk to execute all necessary documents to carry out the transactions. He stated they intend to close the sale of the 1990 notes and at the same time defease the 1964 and 1988 debts on Thursday, June 7th, in Orlando at Sun Bank, and Sun Bank is designated as escrow holder of the securities for paying off the bonds which they feel is a matter of efficiency and would make sense. Councilman Hatfield moved they accept Resolution 90-R-35. Councilmember Bennington seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO, stating he didn't get this in time to go through the entire document. Res. 90-R-36 Adopting dispute resolution process for Wastewater Facilities financed by State Revolving Fund as per Chapter 403.1835. Florida Statutes Mayor Mitchum read the Resolution. RES. 90-R-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING A DISPUTE RESOLUTION PROCESS ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION AND OPERATION OF FACILITIES FINANCED BY A LOAN FROM THE STATE REVOLVING FUND AUTHORIZED BY CHAPTER 403.1835, FLORIDA STATUTES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 90-R- 36. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Second Reading:(Public Hearing) Ord.90-0-18 adopting Edgewater Comprehensive Plan - Mayor Mitchum read this 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 COMPRE- HENSIVE PLAN; PROVIDING FOR THE ADOPTION OF THE EDGEWATER COMPREHENSIVE PLAN; IDENTIFYING THE CONTENTS OF THE COMPREHENSIVE PLAN; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN; PROVIDING FOR ADMINISTRATION OF THE COMPREHENSIVE PLAN, PROVIDING FOR AN ADMINISTRATIVE PROCESS FOR THE DETERMINATION OF VESTED RIGHTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. Ord. 90-0-19 Creating Art. VII. Chapter 19. water conservation standards to complv with Volusia Count v requirements - 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 VARIANCES; BY PROVIDING FOR VIOLATIONS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. 6 Council Regular Meeting Minutes May 21, 1990 ..... ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS Second Reading: (Public Hearing) (Continued) Mayor Mitchum requested a motion to go from public hearing back to regular meeting. Councilman Gold so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord.90-0-18 adopting Edgewater Comprehensive Plan - Councilmember Bennington said she understands if they don't pass this plan, they may be penalized and may lose the State Revolving Funds and that some cities have already been penalized in excess of $100,000. Mr. Johnson agreed. Councilmember Bennington stated there are some inconsistencies she doesn't like about the Plan. She pointed out the open i ng statement on the cover says once the ord i nance is adopted all 1 and development regulations must be consistent with the Comprehensive Plan and until they're amended the elements of the Comp Plan will take precedence. She added they'll have to change all their zoning to comply, and until then the Comp Plan is the Zoning Book. Mr. Johnson agreed the State can take the Comp Plan and make it the law. Councilmember Bennington pointed out the State told us what they didn't like about the Comp Plan we submitted and they're writing it for us. There was brief discussion about the number of pages of comments received from DCA in comparison to other cities and the types of comments. Councilmember Bennington referred to the Carol Ann Drive area on the future land use map. Mr. Johnson explained they withdrew their petition for annexation because they didn't think they'd get the zoning they want from LDRA. Mr. Mark Karet, Director of Planning and Zoning, explained Council has an updated copy. Councilmember Bennington and Mr. Karet briefly reviewed the low, medium, and high density residential designations. Mr. Karet pointed out they don't regulate the type of unit but its intensity such as number of units per acre, and it has to be the proper designation. Mr. Karet explained how the zoning maps were used and made more specific at the request of DCA. Councilmember Bennington asked if he's working on the zoning ordinance. Mr. Karet replied yes, and they don't anticipate changing anything for Florida Shores regulations for what's there now but will for new land. Councilmember Bennington asked about the change on the property at Mango Tree and Twelfth Street with medium density which shows in the Comp Plan as in the flood plain and as vegetative hardwood hammock. Mr. Karet replied they received objections from the County and School Board, with the County objecting directly to the State and the School Board approached us directly, and they looked at surrounding property and felt it was appropriate with residential around it. Counc i 1 member Benn i ngton asked if they shou 1 d discourage deve 1 opment in the flood plains. Mr. Karet replied in the flood areas of A zones they have to pursue the finished flood elevation, one foot above predicted flood height. Mr. Johnson pointed out what was adopted tonight is a standard by the government and anything they do on the property has to meet those standards at that time. Mr. Karet added those are standards set by the Federal government. Councilmember Bennington stated the LDRA did not accept this Plan. Mr. Johnson explained it's not mandatory they accept it and it was a review process. He added the document is what was approved when it was sent to the State and all the zoning changes are part of this and they'll corne back to Council for review and approval. He also added he has a problem with the entire concept of the Comp Plan and this happened in 1975 when that one was passed and then they started changing it. Mr. Karet agreed it I S not a perfect document and they'll take advantage of amending it and they can have two more times this year if there are no stipulations. Councilmember Bennington stated LDRA plans to take it section by section. She asked if they can amend it twice a year. Mr. Karet explained if they're in compliance and there are no stipulated agreements, which is an amendment, then they'll have two more this year. Councilman Hatfield asked if they can make un 1 imited changes on each amendment. Mr. Karet rep 1 i ed yes. Councilman Hatfield stated they can only go through the process twice a year. Councilman Gold asked about the response regarding the City's getting ways to do the road improvements by way of debt service, etc., over several years with transportation impact fees. He stated that's Park Avenue, 442, and u.S. 1 and we1re giving them enough taxes now. He asked why it's included. Mr. Karet 7 Council Regular Meeting Minutes May 21, 1990 '-'" ...... ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS Second Reading: (Public Hearing) (Continued) Ord.90-0-18 adopting Edgewater Comprehensive Plan (Continued) replied the State gives us no choice and we originally gave them the Plan without those and their point is that SR 442 is overloaded because we approved the developments along the roadways and the City has to kick in some money. Councilman Gold asked about the traffic circulation element for setbacks which don't have adequate right of way current to provide improvements. Mr. Karet replied they addressed that in the initial submittal but not directly and when they go through the site plan approval process, we have to be sure we're not permitting a development that will increase the cost of expansion of the right of way and we have to plan to acquire the needed right of way for expansion. Councilman Gold asked if the State fines us based on population. Mr. Karet replied there's a hearing process and it1s based on the merits of the case and we1re entitled to due process. Councilmember Bennington stated she objects very strongly to having to do that. Mayor Mitchum pointed out they have to strike out section 6 since LDRA did not recommend it. Councilman Hatfield stated it seems like they've become puppets and the State holds the strings and he doesn't think they have a lot of choice but he doesn't want to lose the money which is needed and they can make changes as they see a need and will review it more thoroughly. He moved they accept Ordinance 90-0- 18. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilmember Bennington voted NO, noting she's not saying the Planning Department didn't do a good job but it I s the principle of the thing and she thinks they did an excellent job of putting it together. Ord. 90-0-19 Creating Art. VII, Chapter 19. water conservation standards to comply with Volusia Count v reauirements - Councilman Gold moved for approval of Ordinance 90-0-19. Councilman Fish seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS City Manager's recommendation to combine Bui lding and Fire and Rescue Departments (Tabled May 7. 1990) - Councilmember Bennington moved to take it off the table. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mr. Johnson stated it1s still his recommendation to combine the two department with a stipulation it be for a one year period and then Council can delete the program or continue it. Tom Owens, 1864 Travelers Palm Drive, distributed copies of a section of Florida Statutes and the Southern Building Code Congress Building Code. He read from section (8)(a) of Chapter 553 of the Statutes regarding conflicts between minimum building codes and minimum safety codes to be resolved by agreement between the local building code enforcement official and local fire code enforcement official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and equivalent method of construction. He pointed out it would be a resolution by equals and an administrative board can be set up if neither comes to a final conclusion. Mr. Johnson pointed out clarification is being worked on by that board now. Mr. Owens po i nted out the present board doesn I t meet the requ i rements of membership. Mr. Johnson explained they have the latest Statutes and Jack Hayman has it and it will be incorporated into that. Mr. Owens stated that (8)(a) says the State recognizes the building and fire officials as two separate and unequal entities. He read from section (3) of 553.79 regarding which codes would supersede if one were more stringent. He read from section 105.2.1 regarding appeals and general rules. Mr. Owens stated if they put the Building Official under any other department I he's no longer a Building Official but would be a Building Inspector. He read the qualifications for a Building Official under Appendix A of the Standard Building Code which stipulate the Building Official shall be appointed by the governing body and shall not be removed except for cause after being given an 8 Council Regular Meeting Minutes May 21, 1990 ..... ...", Mr. Owens stated he's a builder in this area and represents other builders and he protests anyone being placed to inspect and confirm their work who isn't in compliance with qualifications of the Standard Building Code adopted by the State and the City. Mr. Johnson stated he's aware of requirements of a Building Official and the Southern Standard has an examination for people to become a Building Official and they certify the person is qualified for that position and Building Officials in this State hold dual jobs and some are fire inspectors. He added the conflict in the two departments is one reason why research was done and there are some conflicts with citizens and the Building Department with a course of action going through and they're being changed. He noted Daytona Beach has functioned this way for years and they function legally and it does work, and he feels this is the best way to handle it and it's his recommendation to Council. He pointed out anyone doing the inspections will take an examination, and the State is working on mandating certification and in the future they won't be able to hire anyone if he isn't certified. Dennis Fischer, Building Official, stated he's very concerned about the proposal before them and even though both the building and fire codes were developed separate ly, they have the same goal. He pointed out there are checks and balances the same as for governments and the combination will eliminate these checks. He said by the compromise method the intention of the Code is satisfied and with cooperation and coordination and administration of these two departments, the answers to any code conflicts can be resolved. He added that placing building under fire would place a tremendous responsibility on one individual who must be professional in two totally different fields. He said it may be the answer to one area, but he fee 1 s they shou 1 d be separate and responsible to the City Manager and Council for their operations. Mr. Johnson said he understands Dennis Fischer is responsible to the City Manager as a department head and his recommendation is, if he's responsible to the City Manager, the best way to control the problems, which he'll bring here if they want that, is to try it for a period of time to see how it will work. Councilman Fish stated since they were elected they've had one problem after another and he moved they accept the City Manager's recommendation on a trial period as stated previously and to be revisited in one year to see if it has alleviated some of these problems and if it has streamlined the permitting process. Councilman Hatfield seconded the motion. Councilmember Bennington stated she understands the City Manager's reasons which are valid but one of the reasons given was because it works for Daytona Beach, but if that's the case, why don't other cities have it. She said one concern is they have serious problems with several coming to light this week in the building department but it's not the on 1 y area where there are prob 1 ems and by do i ng th i s they'll eliminate 90% of the problems in that area. Mr. Johnson agreed there are problems in every department and he hopes it will correct his problem and if it doesn't work, he'll come back to them in less than a year's time and make another recommendation, and Daytona Beach isn't the reason they did it. Councilmember Bennington explained she didn't mean to say it that way. Mr. Johnson reviewed some of the problems he could show them. Councilmember Bennington said she's aware of the problems but disagrees with the way he proposes to stop them and doesn't think it will be in the overall best interest of the City. She expressed confidence that the Fire Chief can do the job, but he's asking them to remove the Building Official and put him as an inspector under the Fire Chief. Mr. Johnson clarified he hasn't asked him to do that and if the other man becomes qualified, he'll ask them later, but he's not to be a Department Head and his Supervisor will be the Fire Chief until they make an additional recommendation and his title isn't being changed. 9 Council Regular Meeting Minutes May 21, 1990 ..... ..."" UNFINISHED BUSINESS City Manager's reconmendation to combine Bui lding and Fire and Rescue Departments (Tabled May 7. 1990) (Continued) Councilmember Bennington stated there's no procedure policy manual and if someone asks for something, itls left up to the Department Head's discretion. Mr. Johnson stated that's being worked on and he hopes to have it ready for each department for Counc il by October 1 st. Counc i lmember Benn i ngton sa i d she doesn1t see how he can fault someone for a judgement call, and the problem lies with a lot being left to the Department Head's discretion, and she's totally against it for those reasons. Councilman Gold stated he's not totally in agreement and doesn1t' see why these Codes can't be rewritten to be interpreted by both departments and feels if there's a certain problem in one area, the City Manager can take appropriate action to correct it whether it be demotion or whatever. He added if they approve it for a year, some of them won't be here then to follow up on this. Motion CARRIED 3-2. Councilmember Bennington and Councilman Gold voted NO. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez was not present at this meeting. City Manager - Mr. Johnson had no report at this time. City Counci 1 Councilmember Bennington stated they should be getting the bike path information soon. Mr. Johnson agreed. Councilman Gold asked if a rezoning request is denied and the man wants to request another rezoning, does it have to come to Councilor to LDRA, and is there a time limit. Mr. Karet replied one year. Mr. Johnson noted if Council denies it, then they have a year. Mr. Karet agreed. Mr. Johnson clarified if LDRA denies them, then they come to Council. Mr. Karet explained when they adopted the Comp Plan, part of the adopt i on accord i ng to State 1 aw is all regulations or acts must be first heard by the local planning agency and LDRA is it. Councilman Gold asked if it has to be one year. Mr. Karet replied as of today, and if it has been denied, then it was one year. Councilman Fish asked about a zoning request denied for Marlin Roberts, as at the time he made his decision and voted against rezoning he hadn1t gone and looked at the problems, and after visiting the people and hearing explanations of what is requested for the property, he's changed his mind. He moved to reconsider the action if they can. Mr. Karet explained all actions must be in accordance with the Comp Plan as of adoption 20 minutes ago. Councilman Fish stated he voted no on the CIP financing not because he1s against the financing but because of lack of time to digest the information. He asked Council consider at the next meeting or some time soon to have the agenda dead- line earlier to get the packet earlier because picking it up Friday for Monday isn't enough time. Councilmember Bennington noted this information was given to them at the last meeting. Councilman Fish explained he's had problems with other items. He asked Council to consider closing the agenda earlier to have 4 or 5 days. Mr. Johnson stated staff agrees. Mayor Mitchum stated Councilmember Bennington brought up at the last meeting an appointment to the Hospital Board because Rep. Ascherl advised her the next appointment was ours and the City Clerk was directed to contact the applicants and when talking to one to see if he still wanted to be considered she was told he had been appointed to the Hospital Board. He pointed out when Jack Spencer was chosen they had a lot of waiting time. He asked Council's support to send a letter to Governor Martinez and Rep. Graham expressing our disappointment that we can wait and wait for an appointment the Council recommended and then the next one came up and not one official opinion was even considered. He added there was no comment or input from this Council and he resents that. He said he thought they had an agreement between Rep. Ascherl and Rep. Graham and held like Council I s support to write the letter in protest. He pointed out he has no problem with the appointment and thinks it1s a wise choice, but he has a problem with the way it was done. Councilman Hatfield asked that they include he supports the member chosen. Mayor Mitchum agreed. Councilman Hatfield so moved. Councilmember Bennington seconded the motion, noting there are not words strong enough for what they did in Tallahassee. Motion CARRIED 5-0. 10 Council Regular Meeting Minutes May 21, 1990 \ ......... ... ...., . . QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Mayor Mitchum advised it's a three minute 1 imit unless Council directs otherwise. Henrv Dardinski. Sabal Palm, referred to the item giving $340,000 on wastewater for the engineering firm. He stated this is a "band aid" approach and they have one main canal draining in the City on the other side of Indian River Boulevard. He said nobody asks about sea level of the land, water doesn't run uphill and land by 35th is much lower than at 12th Street. He stated the only solution is to put another drainage canal on the other side of 30th to 35th. Harrv Jones, 3035 Tamarind, asked if $19.7 million is going to pay for water and sewer systems. Mr. Johnson explained there's a loan agreement with the State to get as much as possible from the State Revolving Fund and the $4.7 is to pay off the debt for 1964 and 1988 Gulf Breeze and the $15 million balance is what they can issue for the difference of what they get from the State which will be through a bond. He further explained what they're asking for now is the bond anticipation notes and the resolution authorizes it to defease outstanding debt and to set up a trust account. Mr. Jones asked if they III st ill owe $19.7 million. Mr. Johnson replied the original estimate was $24 or $25 million for the sewer project with the plant and collection lines and lift stations. Mr. Jones asked the final cost and cost for each taxpayer. Mr. Johnson replied it's the figure given to Council and the public based on the current estimate and when they get approved drawings they'll have to go through a hearing process for the assessments. He added they're trying to meet all the State requirements now and then they'll firm up figures. Mr. Jones stated held heard rumors they're looking at a $30 million loan or bonds. Mr. Johnson stated it's never come to Council. Mayor Mitchum called time and Councilman Gold suggested Mr. Jones continue. Mr. Johnson again stated he's never heard that figure and people don I t loan $30 million without collateral. He added he doesn't believe rumors, referring to some that had been spread about him. Mayor Mitchum agreed there's nothing to it. Mr. Jones asked who is the authorized appropriate official. Mr. Johnson replied the Mayor, City Clerk, City Attorney, and City Manager, as in the Charter and Code. Frank Roe, 2732 Juniper Drive, stated everyone makes mistakes but he holds the Mayor and Councilmember Bennington responsible for the way they're conducting business. He said they shouldn't be so hasty about the wastewater treatment as the County Council is waiting 5 years before starting on a sewer. He added they have so many irons in the fire the citizens can't keep track of them. Mr. Johnson suggested he talk with the County Council because he's been told they're putting sewer in in the next two years. Mr. Roe stated the Mayor had said the Engineer wouldn't be on board long enough (re: N.U.S.1 water lines). Mayor Mitchum clarified he thinks Councilman Fish made that statement. Mr. Roe stated they raise the budget and borrow from banks and he won't hold the newcomers at fault as they have to learn but they can't make one mistake after another. Minutes submitted by: Lura Sue Koser ~. ~.A'~ Council Regular Meeting Minutes 11 May 21, 1990