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08-06-1990 - Regular '-" ....." CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 6, 1990 MINUTES CALL TO ORDER Vice Mayor Russell Gold 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 Arrived later Present Present Present Present Excused Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Steve Odom, Edgewater Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION OF AUGUST BEAUTIFICATION AWARD FOR CITY HALL Mark Seifert, Chairman of the Beautification Committee, presented the award to Vice Mayor Russell Gold, commending the fine job. APPROVAL OF MINUTES Regular Meeting of Julv 16. 1990 - Councilman Hatfield moved they adopt the minutes of July 16th. Councilmember Bennington seconded the motion. Motion CARRIED 3-1. Councilman Fish voted NO because he was not at that meeting. Workshop of July 23. 1990 - Councilmember Bennington moved they approve the minutes of July 23rd. Councilman Fish seconded the motion. Motion CARRIED 3- o. Vice Mayor Gold abstained due to absence from that meeting. CITIZEN COMMENTS George Ewing, 2923 Roya 1 Pa 1m, stated the purpose of pub 1 i c meet i ngs is to communicate with the public and the July 23rd joint meeting with the CIP was called and he told them it was a workshop and they weren't allowed to vote. He referred to a May 7, 1990, agreement with the Mayor that special and workshop meetings would be open to the will of Councilpersons but they didn't make the announcements before the meet i ng and he'd asked them to. He added Counc il d i dn' t have a chance to say if it I S an open or closed meeting. He said no Council member asks questions and they continually make bad decisions. He referred to the length of the sewer problem. He stated on July 23rd they introduced hirings that weren't justified. He said citizens ask more intelligent questions than Council and the gavel scares some people. He suggested they visit a New Smyrna Beach meeting where commissioners wear suits, shirt and tie, and don't chew, and are respectful to all citizens. He stated they don't belong in public office if they don't communicate with the public. He suggested they go to the public to find out what they want, as no Council member does that. He said their only advantage is the compensation they receive and the public doesn't get that. He questioned why they get anything, adding they don't accomplish anything. He requested Council's comments or questions. Norm Billups, 1860 Pine Tree Drive, Florida Shores, stated it's a lost and forgotten place except for taxes and assessments. He stated Counc il always presents awards and now it's his turn. He presented assorted pictures, books, flowers, and a stuffed toy to Council members, the City Attorney, City Manager, City Clerk, and Secretary. He requested the pictures be hung in City Hall. Frank Roe, 2732 Juniper Drive, asked why they're recommending purchase of Indian River Utilities, Hacienda Del Rio. Mr. Johnson replied he'll review it in detail under New Business later on the agenda. Mr. Roe said they spent enough without spending more to buy a sewer system. He said it's the first he's heard of it and if they want to join our sewer system they can if they pay the price, but he sees no reason for the City to buy the system. He suggested it be brought up in the future. He said they pay $6.00 monthly for stormwater runoff instead of taking it out of general fund and now they want to pay $300,000 for a utility system. He asked Council to spend money as if it were their own, not his. '-" ...." CITIZEN COMMENTS (Continued) Mike Hays, 2319 Umbrella Tree Drive, Indian River Utilities, Hacienda Del input because it's a lot of money. asked they go into public hearing on the Rio, as he'd like to hear Gates Castle's Ben Vasquez, resident of New Smyrna Beach with vested interest in Edgewater, asked why theylll spend $350,000 for pipe and old storage tanks. He stated the County was contemplating buying it and they'd purchase two systems in the County and create a special district South of Roberts Road in order to sewer and water the entire area. He said there aren't enough people South of Roberts Road to support a district. He questioned why the City would do this when they were going to special assess the people in Florida Shores. He asked if the $300,000 comes from the $4.7 million, or is the City going into land development. Mr. Vasquez said he came to two meetings and there was a note on the door they were postponed. He asked how they could be postponed if they didn1t hold the meeting, because that would be a Sunshine Law violation. He asked how they cancel a meeting before it came about. Councilman Fish asked what meetings he's referring to. Mr. Vasquez replied the last one. Henry Dardinski, 2704 Sabal Palm Drive, requested public input regarding Indian River Utilities. He suggested in the future they hear the article and then hear the people because they have no conception of what it's about. Vice Mayor Gold explained there are Citizen Comments prior to adjournment of the meeting. Mr. Dardinski referred to a story regarding a bond issue that had to be paid for 20 years in New Jersey. He said if he owned part of Indian River Utilities and realized it's not sufficient, the best way to dump it is on the City and have them pay for it. He said the idea of considering this is idiotic. Art Lloyd, 3130 Victory Palm Drive, requested Indian River Utilities be opened up to public hearing. He asked where the money is coming from, adding he'd heard the water rates at the trailer park will increase substantially to subsidize this plant. He noted they've jumped over Waterway and Cory and the County has juris- diction, and they have to find a way to correct the effluent problem by 1995 when there will be no more septic tanks. He said they want to dump it on our laps and we're playing leap frog. He asked if they'll annex and increase the size of Edgewater. He requested going further on this at that point on the agenda. Dominick Fazzone, 302 Paradise Lane, stated the City's mandated by the State through the Comprehensive Plan to $47,500,000 in the next 5 years and the CIP plan will help achieve the Plan requirements. He referred to the appointments to the CIP Committee at the July 23rd meeting, with Council feeling Mr. Hartman's knowledge and expertise would be helpful at State hearings regarding effluent discharge into the Indian River Lagoon. He stated citizens are just as concerned that the CIP is a success, including engineering and finance and suggested a citizen of Edgewater who's not an elected official, a member of any board, or employee of the City, be appointed by Council to the CIP Committee. He suggested names, adding it's not limited to those: George Ewing, Art Lloyd, James Inman, Henry Dardinski. He referred to a needed healing process in the City, County, State and Federal governments. He said most people view governments with mistrust and all actions must be above board. He asked Council consider his suggestion to appoint a citizen to the CIP Committee as soon as possible so a better understanding of the problems facing the City can be achieved. Mayor Mitchum arrived at the meeting at this time, 7:20 p.m. Tanva Wessler, 3109 Travelers Palm Drive, said regarding the 14 feet off the road (Roberts Road bike path/sidewalk), a lot of parents agree to it and they thank Mr. Castle for coming up with a solution. She said some parents on the other side of the road have suggestions and presented the list to Council. CONSENT AGENDA Merit Board's request to amend Ord. 89-0-30 re: their recommendations shall gO to City Manager and City Council. and Utilities Director's request to solicit bids for sludge tank for wastewater department sludge truck - Mayor Mitchum asked if Council wants to remove anything. No Council member responded. Councilman Fish moved to close and accept the consent agenda. Counci 1 member Bennington seconded the motion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes August 6, 1990 'W" 'IfItII/T NEW BUSINESS Recolllllendation to enter into agreement to purchase Indian River Utilities (Hacienda Del Rio) - Mr. Johnson stated there were several documents and he clarified under Statutes this is just an intent to purchase and doesn't bind the City. He explained under the law they have to advertise and set a public hearing for full disclosure and valuation of assets of the utility and other things related to the utility before they complete the purchase. He stated Mr. Vasquez's comments about a dilapidated outdated tank are not correct and Hacienda Del Rio probably has the most modern water and sewer plant in the area and are up to date and meet standards and don't discharge to the River. He suggested they look at it. He pointed out it's a private utility and in the 180 reserve area that Council adopted in 1988 as an area they plan to use for util ity expansion. He noted the document was filed with the County and State and the County's aware of it. He said they've also been working with the County for some weeks on an interlocal agreement and they're discussing how far South the area shou 1 d go. He a 1 so stated they're work i ng wi th the peop 1 e who opposed the discharge with a proposal that will be acceptable by the environmentalists and those in the City and are addressing it in great depth. He said he met with Mr. Lee Bidgood and they're looking at his points of concern. He stated they're just asking Council to consider it pending a public hearing and filing of documents that will have an evaluation of the system. Councilman Fish asked the benefits to the citizens if we purchase the utility. Mr. Johnson replied the City's looked for pumping stations for that area and that's part of the property involved and the other idea is to serve the area between Hacienda Del Rio and Edgewater in an earlier phase than planned to get pollution out of the River. He noted septics in Cory have problems with infiltration and it will expand the number of utility customers for spreading the costs and rates won't be that much higher and they'd be basically the same as citizens and part of the agreement with other cities is that it only be a service differential which can be no more than the utility tax. Councilman Fish asked how it affects the 201. Mr. Johnson replied it won't affect the 201 now and they'll have to file an amendment next year if they decide to purchase the utility. Councilman Fish asked where the funds would come from. Mr. Johnson replied it was part of the BAN money a year ago and is still in the BAN funds. Councilman Fish asked if they expect to make a profit, break even, or cost money. Mr. Johnson replied that will be done as an evaluation to take into consideration what it will take to operate the system and what revenues it will generate to see if it's feasible to purchase the utility. Councilman Hatfield asked if the engineer's study will be done by our engineer. Mr. Johnson replied the evaluation will be done by whoever the City picks and and it will be presented at a public hearing. Councilman Hatfield asked what costs are entailed with doing the cost study. Mr. Johnson didn't know. Councilmember Bennington asked who pays for the cost study. Mr. Johnson explained it's part of the cost to purchase the system. Councilmember Bennington asked if it will be in addition. Mr. Johnson replied an addition or part of the cost and Statutes requ ire the person buyi ng the system wi 11 do the study. Councilmember Bennington asked if he's requesting they express their intent to enter into an agreement. Mr. Johnson rep 1 i ed it's to approve the agreement pending public hearings and outcome of public hearings. He again said you cannot purchase without public hearings, going through an evaluation, and the entire hearing, with an open recorded meeting. Councilmember Bennington asked if the City Attorney read this. Mr. Johnson repl ied yes, 6 or 7 times and their attorney reviewed it, and our engineer. Councilman Gold asked if toxic wastes come into the River from Boston Whaler. Mr. Johnson replied they1re on the sewer and water system and the concrete plant is also. Councilman Gold said if they get a golf course they'll have to annex. He stated the cost is $300,000 and on page 3 it has $160,000 for a utility design construction and the lift station and costs associated with design to be paid in advance by the City. Mr. Johnson explained it's repaid when constructed like upsizing of the lines. Councilman Gold asked if it's $300,000 plus $160,000 for design modification. Mr. Johnson replied yes and the fees with hook up and impact fees will come in to help recover cost of paying for the system. 3 Council Regular Meeting Minutes August 6, 1990 ~ ...., NEW BUSINESS (Continued) RecoDlDendation to enter into agreement to purchase Indian River Utilities (Hacienda Del Rio) (Continued) Councilman Gold moved to consider the proposal. Councilmember Bennington seconded for discussion. She asked if they go ahead with the proposal, reports come back and they decide at public hearings they don I t want to do it, can they back out of it. Mr. Johnson rep 1 i ed it I S not binding. Councilmember Bennington said they'll be out money they expend. Mr. Johnson said if the intent is to go with what was submitted in the 180 reserve and utilities they need to go ahead with it, if not, they shouldn1t do it. He said some people are going to be requesting annexation south of the City and some of the large trailer parks aren1t on sewer at all and only have septic tanks. Motion CARRIED 3-2. Councilmen Fish and Hatfield voted NO. George Ewing re: City Ordinances and Codes - George Ewing, Royal Palm, stated he hopes to save the City and merchants money. He read from Section 7-90 of the Code regarding fire hydrants. He said they adopted the Southern Building Code, and he read 603.13, noting this means on-site and not City property for placement of hydrants. He said ISO, an insurance service in Jacksonville, sets rates and Edgewater is supposed to be Class 7 for all protected if within 1,000 feet of an approved fire hydrant on a 6" main, and with a 6" main, he thinks they get 1,000 GPM. He added all dwellings have protected Class 7. He said some busin- esses, possibly South of Indian River Boulevard or Roberts Road, are more than 1,000 feet from a hydrant and didn't get the protected rate and are paying more. He stated requiring a hydrant within 150 feet creates a hardship on a change of occupancy, and 1,000 feet would mean every businessman would be within 500 feet. He pointed out the biggest hazardous risk is Coronado Paint, and if they were every 800 feet, it would be within 400 feet. He stated requiring hydrants every 150 feet is ridiculous and he's not talking about strip shopping centers or new developments. He said Council can change it if they don't want to go by Southern Building Code as he thinks there are others the City can adopt. He suggested they investigate it and not rely on the Fire Chief to give them information because other people can possibly give better information than 150 feet. Mr. Ewing asked if there's a 6" or 2" main down U.S. 1. Mr. Johnson replied they1re putting a large section in within the next few months from Park to Sanchez on the East side, one to the South is being connected, part of Edge- water Landing 1 i ne is upgraded, and there I s an area South outs i de the City between 442 and Roberts Road. He explained Council changed the policy regarding hydrants and a change in occupancy, unless it's a high hazard, doesn't have to meet that requirement. Mr. Ewing said he talked with a merchant who didn't know about it. Mr. Johnson stated it was adopted and was put in the paper and they had the City Attorney clarify for those who signed prior to Council action. Mr. Ewing asked the current policy. Mr. Johnson replied any new development has to meet State Codes and unless there's a change of occupancy to a high hazard that would generate a high risk but the woman didn't meet that criteria. Mr. Ewing said it was waived because there's not a line there. Mr. Ewing asked if it's 150 or 500 feet. Mr. Johnson said there's no distance, it's the same policy. Mr. Ewing said last week a man was required to put in a hydrant. Mr. Johnson explained if it were prior to adoption, they weren't contacted while we waited for clarification. Mayor Mitchum stated there's no space requirement when it doesn't constitute a change to a hazardous risk. He gave examples of no changes in risk, adding that otherwise it would have to meet the 150 feet requirement. Mr. Ewing stated it's still in the Code and they need to change the Code or change Southern Building Code, and a merchant shouldn't have to put a hydrant in because he pays taxes for services. He asked Council to consider it. Councilmember Bennington said the Building Trades Regulatory Appeals Board can review these and perhaps Mr. Ewing could address the Board. Mr. Johnson said they're looking at variations of the Code now regarding appeals, Mr. Jack Hayman is Chairman, and they're working with the Fire Chief and will come to Council with recommended changes. He said Southern Building Code is adopted by the State of Florida and ISO has some confl icts and the State Fire Marsha 11 wi 11 be requested to recommend or approve when it1s done. Mr. Ewing stated the City could adopt others. Mr. Johnson explained there are only three, Reedy Creek for Disney World, South Florida, and Southern is in the rest of the State. Mr. Ewing stated ISO regulations of 1,000 feet would be a safe operation because you have every risk covered for 500 feet. Mayor Mitchum requested he address the Board and asked the City Clerk to get the date and put him on the agenda. 4 Council Regular Meeting Minutes August 6, 1990 ... ...",., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First ReadinQ: Res. 90-R-44 EstablishinQ Beautification Committee as a permanent Committee - Mayor Mitchum read the Resolution. RES. 90-R-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING A BEAUTIFICATION COMMITTEE TO PERFORM CERTAIN TASKS AS DESIGNATED BY THE CITY COUNCIL; PROVIDING FOR MEMBERSHIP, APPOINTMENT, DUTIES, RESPONSIBILITIES, AND DURATION; PROVIDING FOR TERMS OF OFFICE AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield commended the Committee, adding he knows they'll do a fine job in the future and he recommended they approve Resolution 90-R-44. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Res. 90-R-45 AuthorizinQ investments to provide for retirement of 1988 Gulf Breeze Pool loan, execution and delivery of first supplemental loan aQreement, and escrow deposit aQreement (re: CIP financinQ) - Mayor Mitchum read the Resolution. RES. 90-R-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING INVESTMENTS TO PROVIDE FOR RETIREMENT OF THE CITY'S LOAN FROM THE GULF BREEZE POOL DATED SEPTEMBER 1, 1988; AUTHOR I ZI NG EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL LOAN AGREEMENT, A REQUEST FOR REINVESTMENT AND AN ESCROW DEPOSIT AGREEMENT IN CONNECTION THEREWITH; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington stated it1s a follow up of last week. Mayor Mitchum said it was the presentation. Councilmember Bennington moved to accept 90-R- 45. Councilman Hatfield seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Res. 90-R-46 EstablishinQ $25.00 fee for application for peddlinQ, solicitinQ, and canvassinQ reQistration certificate - Mayor Mitchum read the Resolution. RES. 90-R-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A NON-REFUNDABLE TWENTY-FIVE AND NO/100 ($25.00) DOLLARS APPLICATION FEE FOR A PEDDLER'S LICENSE, DEFRAYING THE COST OF PROCESSING THE REGISTRATION AND ISSUING A CERTIFICATE OF REGISTRATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield asked if PTA or non-profit are involved. Councilmember Bennington replied non- profit are exempt in the original ordinance. Councilmember Bennington moved they adopt 90-R-46. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 90-R-47 AppointinQ one member to Industrial Development Board due to resiQ- nation of Galen McClain - Mayor Mitchum read the Resolution. RES. 90-R-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they TABLE this and go out for more advertisements. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested a motion to go to public hearing. Councilman Fish so moved. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Second ReadinQ: (Public HearinQ) Ord. 90-0-29 EstablishinQ deductibles for settlement of claims as recommended by Self-Insurance Committee - Mayor Mitchum read the Ordinance. ORD. 90-0-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV. "SELF-INSURANCE FUND", SECTION 2-68, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING FOR DEDUCTIBLES FOR CLAIMS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. Ord. 90-0-30 RepealinQ Ord. 79-0-10 re: street liQht impact fees - Mayor Mitchum read the Ordinance. ORD. 90-0-30 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 79-0-10, IN ITS ENTIRETY WHICH IMPOSED A STREETLIGHT IMPACT FEE ON THE CONSTRUCTION OF ALL NEW RESIDENCES AND COMMERCIAL BUILDINGS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments. Ben Vasquez, New Smyrna Beach, asked what the impact fee will do for Florida Shores and will they be charged. He stated he didn't have a chance to read the ordinance. Mayor Mitchum explained this is deleting the impact fees. 5 Council Regular Meeting Minutes August 6, 1990 ... ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Reading: (Public Hearing) (Continued) Ord. 90-0-30 Repealing Ord. 79-0-10 re: street light impact fees (Continued) Mike Hays. 2319 Umbrella Tree, asked about those who built over the past few years and were charged street light fees, when will the lines be installed and where will the money go. Mr. Johnson explained street lights are being installed as the area's being built and he can get a number of how many were done in the last year or two. Mr. Hays asked if it's after a certain number of houses. Mr. Johnson replied if there's a problem they can put a request in and the power company will look at it. Ord. 90-0-31 Amending Appendix A. Zoning. Section 607.00. 1-1 light industrial district. by allowing transportation services as a permitted use - Mayor Mitchum read the Ordinance. ORD. 90-0-31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 607.00 LIGHT INDUSTRIAL DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING TRANSPORTATION SERVICES AS A PERMITTED USE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. Mayor Mitchum requested a motion to go back to regular meeting. Councilman Gold so moved. Councilman Gold then withdrew his motion upon indication from the audience of a request to speak. C. E. Clark. 1818 Evergreen Drive, asked what kind of transportation services are involved, a large trucking firm or taxi service. He said he's been involved in an occupational license in his area and it hasn't been taken care of. Mayor Mitchum replied they're discussing taxicabs. Councilman Hatfield explained it's for light industrial property only. Mayor Mitchum requested a motion to go back to the regular meeting. Councilman Gold so moved. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Ord. 90-0-29 - Councilman Gold moved for approval of Ordinance 90-0-29. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 90-0-30 - Councilman Fish moved they accept 90-0-30. Councilman Gold seconded the motion. Councilmember Bennington stated she has serious questions and Mike Hays brought some up and she'd like Mr. Alvarez here to address some of the questions. Mr. Johnson noted he presented the ordinance. Councilmember Bennington explained that's why she'd like him here. She noted they've stopped collecting but the impact of what happens to the funds paid in and whether they have a plan need to be addressed and they have a pending lawsuit on it. Mayor Mitchum said he doesn't think it has anything to do with this. Motion CARRIED 4-1. Councilmember Bennington voted NO. Ord. 90-0-31 - Councilman Gold moved for approval of Ordinance 90-0-31. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Discussion and action on Roberts Road/30th Street side walk - Mr. Johnson stated at the last meeting Council asked to look at several items, going back to 29th and 31st and putting stop signs to stop traffic going north and south and coming back to 30th at the railroad tracks, and at that time he requested Mr. Castle look at the possibility of costing out and putting it where it's supposed to be and doing all the work instead of waiting until it's widened to do it then. He said the rough estimate for a total cost with asphalt is $230,000 with the biggest part for drainage modification to meet St. John's requirements on how to handle it. He added it may come in for less. He recommended they modify the specifications, put it out for bids, and award it to get construction before school starts. He pointed out this is a better alternative and they won't have to worry about it 2 years from now and the children will be far enough off the road, plus they'll work with the Po 1 ice Department on enforcement there. He stated a guard rail can be very dangerous and he and Mr. Castle recommend they appropriate funds from the reserve fund and proceed with building the bike path as recommended by Mr. Castle. 6 Council Regular Meeting Minutes August 6, 1990 ~ """" UNFINISHED BUSINESS (Continued) Discussion and action on Roberts Road/30th Street side walk (Continued) Councilman Fish asked a time table. Mr. Johnson replied two weeks to get changes made in specifications, three weeks to advertise, and possibly the first of October sign a contract for construction. He added it will probably take 30-45 days, and it1s probably going to be the end of November before the children are ready for the new school and they should be under construction by the beginning of November. Councilman Fish asked the completion date. Mr. Johnson replied it should be before school starts, and the school will probably be 2 or 3 weeks different than projected, it's been discussed about after Christmas break. Councilman Fish asked how much more the $230,000 will be than the current rate. Mr. Gates Castle, City Engineer, replied the former estimate was for temporary for two years and this is for a permanent use with 20 year life expectancy and will be more cost effective. Councilman Fish stated held rather spend more and do it right with something that will last. He noted he has children going there and didn't like the idea of a guard rail, this is a much better alternative. Councilmember Bennington asked about a two year duration. Mr. Johnson explained the memo stated it would be temporary until Roberts is widened. Councilmember Bennington stated she agrees with Councilman Fish but doesn1t think these improvements will be the only solution to the problem, and other suggestions such as lowering the speed limit, making it a no passing zone, better Police patrols during school hours, tickets for speeders, and PTA people along with Police to help them. She asked if habitual speeders could be required to do some kind of work, such as guarding, along with a ticket. Mr. Johnson explained it sounds great, but in 1975 the citizens took those rights from local governments and they can voice their opinions to the County judges. He said they intend to patrol it and will keep a close eye because of the new school in the area. Council- member Bennington stated speeders are a problem on that right of way and tickets don't always bother them. She suggested the PTA perhaps could come up with a demerit system for a child's safety problem. Mr. Johnson stated the children will stay fairly well on that bike path and the distance will make a difference. He added if a problem develops, they can address how to handle it. Councilmember Bennington so moved. Councilman Fish seconded the motion. Councilman Hatfield asked what Dyer, Riddle needs to do to perform modifications that Mr. Castle cannot do, as listed on page two of his memo. Mr. Castle replied he can do it but the problem is they have draftsmen available full time, but he can drop other things and do it. Councilman Hatfield said to expedite it, the advice is to go ahead. Mr. Castle said helll check their schedule on getting it done and if it's faster, then they can do it. Councilman Hatfield suggested amending the motion to provide for items 1,2, and 3. Mr. Johnson suggested they leave item 3 as a separate item because they have to work with the railroad because a separate gate will be expens i ve and they I d 1 i ke to work wi th the railroad to see what they can come up with such as moving the present guard rail back. Mr. Castle said he'll get with the railroad to see their schedule for restructuring that crossing and perhaps they can incorporate the new crossing for the bike path. Councilmember Bennington stated the School Board should aid in negotiating with them. She then amended her motion to include the first two. Councilman Fish agreed as the second to the motion. Mr. Johnson stated they'll come back to Council with a report on item 3. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez was excused from this meeting. City Manaaer - Mr. Johnson stated he met with the County last week regarding the reserve and service area south of the City and there was a plan prepared by Frank Marshall and the County will establish a public hearing on this so he can be present and voice concerns about the plans. He asked Council to review it and give him their comments. Mr. Johnson stated he's been in City government almost 24 years and over the years he's been called everything regarding his job but a person in this community showed up at a place of business and in front of others made an accusation that he is a homosexual. He said he's contacted legal counsel and is considering filing a lawsuit. He added they're not talking about his job, and he has two children. He said with the law regarding slander, if it can be proved it was done in a public place, they can do something about it. He stated this has gone beyond politics, and when they mess with his personal life and his family, that's uncalled for. He said he tries to represent the City in front of County groups and other groups and isn't trying to downgrade the City and it's time they work together. 7 Council Regular Meeting Minutes August 6, 1990 'w' """" COUNCIL/OFFICERS REPORTS {Continued) City Council Councilman Hatfield thanked Mr. Billups for the book, adding helll read it. Councilman Hatfield asked staff to address a 15 MPH speed limit the entire length of 30th/Roberts for public safety during school hours and also staff and Council to consider Park Avenue about 200 feet East and beyond Old County Road. He said his neighborhood has 20 times more trucks than Roberts Road and it1s a dangerous area. He said he doesn't know if reducing a speed limit will help or if they have to go to the County since it's a County road, adding three apartment com- plexes feed into Old County Road to Edgewater School. Councilmember Bennington suggested they also include children in Wildwood. Mr. Johnson said they'd look at all of Park Avenue, one is to change train schedules but he doesn't think that will happen, and they'll look at Roberts and will come back to Council. He noted State law provides how far you can put these crossings and reduce speeds. Councilmember Bennington stated at the July 16th meeting Mr. Ferland said he had a meeting with the County regarding the water treatment plant development permit. Mr. Johnson explained all the documents were filed and it should be the end of this month for a response. Councilmember Bennington asked the status of closing on the 26 acres. Mr. Johnson replied they're waiting for clearance of mineral rights from the State. He noted in the 1920's the City gave or sold this to the School Board and at that time mineral rights were given to the State. He added helll give them a concept of what's proposed there when it's cleared. Councilmember Bennington said at the City Manager's six-month evaluation they had problems with the form and asked the City Clerk get them forms from various cities to review. She moved they have a workshop and special meeting to discuss how they're going to do this before October when it's due. Mr. Johnson explained the year was up in July and they changed it to October. Councilman Fish seconded the motion. Councilmember Bennington stated they have a lot with the budget but they need to get it done as soon as possible. Mayor Mitchum requested the City Manager to research the calendar and call Council. Motion CARRIED 5-0. Councilmember Bennington asked Council what they want to do about the Charter, if they want a meeting with the Charter Review Committee, or just sit on it. She said she'd talked to Katherine Odham and is to see her this week to get wording on the ballot and if Council doesn't want to go through with it, she doesn't want to take Mrs. Odham's time. She added they'd need it as soon as possible in September to put it on the ballot. Councilman Hatfield said he wants to see a charter go to voters for a chance to be approved or turned down. He added when they ran for office, they all agreed they need a new Charter, and the proposal is far better than what they now have. He noted it won1t be agree- ab 1 e to everyone but they shou 1 d proceed wi th it to get it on the ba 11 ot. Councilmember Bennington pointed out originally they were going to have a workshop with the Charter Review Committee. Councilman Hatfield moved they make it the same night as the City Manager's evaluation meeting. Councilman Fish agreed they owe it to voters to give them a chance and as a Charter it's long overdue, and he seconded the motion to have the meeting with the Committee the same night. Motion CARRIED 5-0. Councilmember Bennington stated in doing away with the street light impact fee, they don't have a special plan and she'd like staff to come up with a plan and design how to put them in with possibly a new impact fee that's equitable so we don't lose that funding mechanism. Mr. Johnson stated the City Attorney will have to reply regarding an impact fee and they shouldn't put street lights in with no houses and process has been when demand requires it they've been installed. Councilmember Bennington pointed out only 12 were installed last year. Mr. Johnson noted they responded to each request. Counc ilmember Bennington stated a citizen pays for a street light and shouldn't have to request one. She requested a 5-year plan where they can systematically put them in whether or not there's a complete block of houses. Mr. Johnson commented on the way development occurs in Edgewater. Councilmember Bennington stated anyone who builds a house deserves a street light on that street regardless of whether there 1 s someone else or not on that street. She stated it wi 11 cut down on crime, give them security they need, and they paid for it. Councilmember Bennington asked Council to consider Mr. Fazzone1s suggestion to put a citizen on the CIP Committee. 8 Council Regular Meeting Minutes August 8, 1990 "-' ...., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilman Gold stated he1s received calls about the East side of India Palm regarding the large swale and they asked him to have the City Engineer check it out. He added they're gett i ng garbage and debr i s and there's no place for visitors to park. Councilman Gold stated Richard Kozlowski, a member of Code Enforcement Board, has suffered a stroke about a week ago and will be conf i ned in a Me 1 bourne facility. Councilman Fish agreed with Mr. Fazzone1s recommendation and he moved Council authorize appointment of one citizen to the CIP Committee. Councilmember Bennington seconded the motion. Councilman Fish requested they advertise and bring it back to Council for a decision. Councilman Hatfield asked if they'll use the standard application. City Clerk Wadsworth asked if she could include it with the Industrial Development Board. Councilmember Bennington replied yes. Motion CARRIED 5-0. Mayor Mitchum stated Council acted to redo the CIP Committee and there were appointments made of Attorney Schulman and Gerry Hartman and held like to clarify that when they have a CIP Committee meeting it be made up of the City Manager, Ron Ferland, City Attorney Alvarez, himself, and the citizen they'll name, and the others will be used on a need to use basis which will probably be discussed at Council level beforehand. Councilman Fish agreed that was his intent. Councilmember Bennington stated her intent was Mr. Hartman's and Mr. Schulman's purpose was to help us with the hearing and basically that's what their function would be. Councilman Hatfield requested Council agree when they bring these people into the meetings, and not just the Committee. Mayor Mitchum agreed. QUESTIONS FROM PRESS - There were no questions from the press. CITIZEN COMMENTS Frank Roe, 2732 Juniper, stated the CIP is the most important program in Edgewater and he disagrees with the way it's being processed so fast and it causes confusion and spend all the income. He asked where the money's coming from. He suggested they meet weekly considering the importance. He said they appointed an engineer and a committee and didn't ask the engineer how much money he wanted. He said Council was elected for the CIP plan but not to push it in such a hurry. He suggested Council forget the CIP plan and let the new Council take over because the new Council will seek to get Federal, State, and Health Department money to help with the sewer problem in Florida Shores. He asked Council to tell them just what the water and sewer plants and water systems will cost a citizen since they're heading for a recession and won't see a situation where taxes or interest rates will go up. Norm Billups, 1860 Pine Tree, Florida Shores, stated there were three people in Fire Department uniforms in the building room and if they're in the Fire Department, they should go out on fires, especially during the graveyard shifts, or take off their uniforms. Mr. Billups stated regarding the Charter, a City without a code of ethics is like a ship without a rudder, and the Charter should remain tabled until new Council comes in, adding if it remains as is, helll help to get it beaten. Henrv Dardinski, 2704 Sabal Palm, requested clarification of whether the motion regarding Indian River Utilities was to consider the proposal. Councilman Gold rep 1 i ed yes. Mayor Mitchum stated they d i dn I t purchase the ut il it i es. Mr. Dardinski stated if they approved the agreement, that would lock them into what they'd discuss and now it's wide open to discuss all aspects of the proposal. Harrv Jones, 3035 Tamarind, asked procedure for requesting a street light. Mr. Johnson replied they just submit a request to his office in writing. Jake Lodico, 302 N. Riverside Drive, asked why the inspector can't see brush on corner lots which limits vision and could cause accidents. He said every time they vote on a utility, they're relieved of all responsibility while we pay and have to maintain it. He suggested they dicker with them. 9 Council Regular Meeting Minutes August 6, 1990 - ....., .."., CITIZEN COMMENTS (Continued) M;ke Hays, 2319 Umbrella Tree, asked if they entered into a contract with Mr. Hartman. Mayor Mitchum replied they appointed him pending contract negotiations with the City Attorney and City Manager. Ben Vasquez, New Smyrna Beach, stated he didn't mean they were buying something worthless with the system, his concern is theylll buy a package pollution plant they can't give away, and expenditure isn't within frame work of the City and it won't be a paying proposition. He asked why they don't keep it if it's such a good deal. He said they're trying to move further South with the sewer system and should be sewering the entire City. He referred to a 201 Facilities Plan of 1978 or 1979 that said the County will take over the entire sewer and pollution control system in Volusia County and it will move West to 1-95 with New Smyrna Beach and Edgewater to be glorified pumping stations. Mr. Johnson said that was abandoned and the County's in the process of selling some of their utilities. Mr. Vasquez asked how many customers will be involved. Mr. Johnson replied it will be discussed at the public hearing. Art Lloyd, 3130 Victory Palm Drive, asked about an investigation for possible acquisition of the treatment plant and water plant, who approached who regarding whether it's for sale, and how the price was established. Councilman Hatfield replied when Bill Powers was here the County was talking to the company about purchasing this and for some reason the company wasn't satisfied with the County and they came to the City. He said looking at the 201 Facilities Plan and dis- cussing it with Council individually, Mr. Powers agreed to talk with them and it1s been ongoing for 1 to 1-1/2 years. He pointed out it ties in with the 201 that it will be going south was why they decided to discuss it. Mr. Lloyd asked the cost anticipated for feasibility of acquisition. Mr. Johnson said they'll get a price and bring it back to Council. Mr. Lloyd apologized for a flaring temper two weeks ago at a heated meeting. He said he understood there would be a meeting the following Monday night which was cancelled on short notice. Mayor Mitchum stated that was done Friday after- noon in time for the papers to get it but they didn't publish it. Mr. Lloyd said he understood Mr. Schulman and Mr. Hartman were retained in a contractual capacity. Mayor Mitchum pointed out Cliff Schulman is already on the CIP as legal counsel under contract with the City and he helped them get the permit for the water plant, which is his specialty. Mr. Lloyd expressed confidence in the ta 1 ents of the new City Eng i neer and asked Counc il to cons i der that opt i on instead of spending more money on someone else. Mayor Mitchum explained Mr. Hartman is not under contract, there1s been no money spent, and Council didn1t approve anything, and what they discussed was using Mr. Hartman's expertise in the field of discharge to the Indian River for the administrative hearing. He added it wasn't in any other phase, or Mr. Castle's, or Dyer, Riddle's work. He stated they met with the political group, he approached us, and DER agreed Volusia Flagler Environmental is the only one that presented a valid petition, and there's a chance we won't have to use Mr. Hartman. Mr. Lloyd asked if they1re close to resolve. Georae Ewina stated Mr. Fazzone spent a lot of time on the Charter and a group of citizens attended the meetings and he gave input a few meeting ago and hopes this Charter wontl be railroaded as it is because if it is, there will be a lot of people telling people to vote no. He suggested the new Council appoint a new committee and do a good job on it because it's not acceptable as it is now and they'll have problems with it. ADJOURN. Mayor Mitchum suggested a motion to adjourn. Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 9:13 p.m. Minutes submitted by: Lura Sue Koser 10 Council Regular Meeting Minutes August 6, 1990 'w ......, <~ ~> a COU~CIlf1AN - ZONE THREE 7~A~ COUNCILMAN - ZONE FOUR ATTEST: .L~~ CITY CLER~ 11 Council Regular Meeting Minutes August 6, 1990