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12-03-1990 - Regular , 1 . :, '-' ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 3, 1990 MINUTES CALL TO ORDER Mayor Tanya Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Dr. William Zeigenfus, United Church of Christ in New Smyrna Beach, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES None (No meetings held prior to agenda closing deadline) CITIZEN COMMENTS Mayor Wessler asked if Council wants to abide by the 3-minute ruling. Councilperson Gillespie replied that's fine. Larrv Perkins, 3 Silver Circle, asked if the $1.60 for recycling will be set up month by month or on a permanent basis, and who will be authorized to increase the fee if they don't recycle enough. He said he spoke to Council three weeks ago expressing dissatisfaction with the recycling program and on Wednesday his name and address appeared in the newspaper a long with two other people who objected to aspects of this recycling program. He said on Saturday afternoon he received a telephone call telling him to mind his own business and pay the $1.60 and stop complaining. He stated he won't stop complaining until the recycling business includes everything it's possible to recycle. He asked if the about 300 businesses and contractors are included at whatever rate is decided upon. He pointed out the County exemption policy only requires the resident to sign a pledge they'll recycle, and if the City feels to meet this recycling that's mandatory, they may have other problems. He said if other items they1re recyc 1 i ng aren I t i nc 1 uded they I 11 run into prob 1 ems because contractors and businesses produce as much if not more of the recycl ing as citizens. He suggested they could come to City Hall and give their names and get a certificate. He said he picks up for 15 people in Silver Ridge and at a campsite near Oak Hill. He stated he raised about $92 for Cystic Fibrosis for next year. He suggested it be set up to make it easier so they don't have to drive clear out to the boondocks when they pay $1.50 a gallon for gas. He said if they want to put a lien on his home, it won't affect him when he's gone. John Kloiber, 505 Cardinal Drive, stated they refer to $1.60 per household and at 7,000 households, it's $11,200 per month and yearly it1s $134,000, and they pay $26,000 for the recycler and the City's making $108,400. He continued at a ton at $2.00 per month it's $4,000, or $48,000, and the recycler is getting $74,000 and the City is making $108,400. He stated he's not put recycling in front of his house and refuses to because when the City pays the recycler money to collect it, and he makes money on the other end, and he's paying and the City.s making money, that1s wrong. He asked that the City think about this next year. He said up North the City bought their truck the first year and in 6 months with recycling the truck was paid for and the employees were paid and money went to beautification and senior citizens projects. He stated if it goes to the City, he doesn1t mind paying it, but when they're making money on it twice, that1s not right. He asked they look at this again before voting. 'W' -....II CITIZEN COMMENTS (Continued) Frank Roe, 2732 Juniper Drive, congratulated Council on their election. He said he stood before Councils 2 years and 4 years ago and tried to offer suggestions but they didn't listen. He said he warned them 2 years go by very fast and they'll not change sides the last 6 months before election. He said everyone's a new member and it's a disadvantage but could be a good advantage because they have nothing to start with and it should work to their benefit. He said they have many serious problems in Edgewater such as how they spent 2-1/2 million dollars for plans for the CIP. He asked if they1d request a State audit to see if the money was spent legally. He asked why the water plant can't be expanded as in 1986 Dyer, Riddle said there was no problem with either one, and now they see they want a new plant and he can get no explanation from them. He stated nothing should be acted upon until the second meeting of Council if they1re not aware of the subject. He said it's difficult for Council to do their homework if they have to act immediately the first meeting it's brought up. He said it1s good to have a workshop on any issue if they don't understand the subject. He said he has no malice toward anyone He suggested they find out about the 4.7 million borrowed from the bank and then rolled over because he thinks they only have 1-1/2 million left. Mr. Roe said he doesn1t like to see a headhunting expedition for 6 months until they can work with the people that work for the City and they should start with 1986 and really study it and take 6 months to consider it before they vote on anything of a serious nature. He said if they feel they have too much help, they should investigate, and if they want to let them go, there's no problem if they're being honest and sincere and they're not listening to someone in the public that has an axe to grind. He stated he only ran for Mayor because he was so dissatisfied with the old Council. Clyde Rader, Pelican Cove East, stated he represented the residents' association. He said they1ve recycled about 6 years and take everything across the railroad tracks. He asked why they1d have to go to New Smyrna Beach to get rid of it if they're exempted when they can go across the tracks like they've been doing. James McAuliffe, 1009 S. Riverside Drive, congratulated the new Council and said it's a good improvement to move down to the people. He said the last meeting held attended was so bad he didn't want to come back to the City of Hostility. He said he hopes Council will go back to a Hospitality City. Mr. McAuliffe said he disagrees with the recycling as he1s recycled for 1-1/2 years and gives it to the church and won't pay for recycling. He asked they be more considerate of the taxpayers. Mr. McAuliffe spoke on the problems with rental properties because the City has the utility bills go to the owners. He said he's an attorney and CPA in New York and he1s never seen such a requirement for water bills to go to the owners. He asked Council to reconsider this because if someone wins a case against the City they'll find it's unconstitutional. Dorothy Louton, 125 Riverview Drive, stated she gives her newspapers to the church, she grows her own garden, and has no plastic bottles. She asked why they can't take what little they have to the recycling center on Evergreen and why she'd have to pay $1.68 for recycling. She said she puts one small bag out once a week and pays $10 a month. She said in New Port Ritchey the widows went to the City and the City reduced the price for them. GiQi BenninQton, 121 Virginia Street, stated she was on Council when recycling came before them and it was tabled. She pointed out the motion to originally set up this ordinance was to include businesses and not just residential plus when the contract was awarded they were told there would be a piece of property in Edgewater where a can would be provided for those that wanted to recycle and couldn1t take it elsewhere and they'd take plastic and tin when Council decides to do that. She said if exemptions are offered, the ordinance only exempts $1.45 a month and leaves 15 cents that will be billed, which she feels is unfair, and it should be the entire amount of $1.60 exempted. She said she has more plastics than anything and wondered why they don1t do plastic and regular paper. She pointed out the ordinance, unless it's been changed, says to get the exemption you have to use the City's recycling contractor and she feels that's unfair also. She stated people who recycle now on the one on Guava should be allowed to continue there if they wish to do so and still be exempt if Council1s going to offer exemptions. 2 Council Regular Meeting Minutes December 3, 1990 ~ ....., CITIZEN COMMENTS (Continued) Leonard Southard, 210 Wildwood, stated he has no problem with exempting through Guava but he has a problem with doing their paper work. He explained held gone to the Guava center and asked if they want to be a part of it and do the paper work as held agreed to do and he was told to get off the property or the man would call the Police. He added it would be up to them to ask him. He said it's all right if they recycle with someone else but held asked them to bring it to him to control tonnage reports as required by his contract and deduct it easily. Mr. Southard said he doesn't make enough from the recyclables they'd bring to him to pay for the paper work. He noted that according to the draft contract, they can look at all his paper work. He said last month he collected $2,393 and the City as of now at $1.45 owes $9,335.10, and with recycling it was $11,728.10 and expenditures for the month were $10,575, or $1,123 profit margin. He stated he hired 7 employees from the City at $4.50 an hour, or $6,700 a month, and they've fulfilled all terms of the contract and have been done by 5 p.m. daily, usually by 3:30 p.m. and they have insurance and workers compensation. Mr. Southard said regarding plastics and putting the recycling area in Edgewater for those that want to come to his center, it's still dictatorship and he doesn't want to put the other company out of business. He stated tonnage for the month saved $1,290 for what they would have put in the landfill, with a total tonnage of 71,695 tons, mostly being newspapers, and they1re losing .2 cents a pound for newspapers. He stated he drove the truck through the trailer park and over 60% have participated and put in glass and tin cans and the church doesn1t take tin cans and most wonat take plastics. He said the machine to bale plastic is $25,000 and they agreed to take tin immediately and plastic after the first year. He said baling plastic will be a losing project. He pointed out the City's asked for a $25,000 performance bond and he1s performed for 5 weeks without a contract waiting for someone to decide it's okay to continue. He said he and his employees and most residents are happy and those here aren't the majority of the public. Felix Simanowski, 2937 Sabal Palm, stated he called City Hall and they said they didn't know about it so he called Southard's who told him to bring it to him and helll give him a credit. He asked why he has to take it to him when he can leave it at the church. He pointed out Guava has a shredder and not a baler. He asked why he can't take plastics when Guava takes plastic and everything. He stated they're paying $10 for a little brown bag of garbage now, and why should they pay even 15 cents. Lynn Clevenaer, 3126 Tamarind, said she works until 5 or 6 at night and she'd rather put it in the bag and pay the $1.60 because she doesn't have time to run it anywhere. She said she previously gave it to her mother to give it to the bike path fund. She pointed out there weren't many people her age at the meeting and those with families that have to work feel the way she does. She said where they exempt at New Smyrna Beach and the County, they feel it's not worth it. Jake Lodico, 302 N. Riverside Drive, stated he takes a little bag out every two weeks and pays $10, and pays $3 a month for water runoff, and the only paper he has he gives to a neighbor who takes it to the Union Church. Anthony Laaano, 2221 Juniper, stated he's had a business here 21 years and most of his oil cans are plastic and you can't wash oil out of plastic. He said to pay $1.60 for recycling isn1t feasible in his business or his home as he works 16 hours a day. He noted most people do their own recycl ing to give to the church or to save the money. He stated if the City wants to recycle, they should do it on their own because he pays enough taxes that the City should be able to do their own recycling programs and the money could go to the capital fund. Frank Morris, 1814 Evergreen Drive, stated he feels recycling has to be done but he doesn't believe in it and they should have a choice to do it wherever they want. He stated there was something about the City Manager and City Attorney at the last meeting and his opinion is the City Manager's useless. He said he has a culvert in front of his house and the City Manager called him a liar and he said held take a polygraph. He stated a lot of cases are settled out of court and the City Attorney's not doing his job adequately. He said he asked the secretary last week if he had a lien against his house and he was told no and he called the City Clerk who said yes for $800 about 4 years ago because he built a tree house for his children and the roof wasn1t put up properly. He said the fine was levied against his house at the time and he wasn't notified and didn't know it. He asked that the City check it but he doesn't think it was legal and 3 Council Regular Meeting Minutes December 3, 1990 .... .."" CITIZEN COMMENTS (Continued) . Frank Morris (Continued) he lived on Sabal Palm at the time. He said they have a Code Enforcement Officer named Pat and he disagrees with code enforcement the way it's done and feels it should be done by the Police Department. He suggested they put on more Policemen and cruisers because Police would be looking more closely because there are a lot of Band E's. He said the Police cars are doing radar and he knows they have to be visible. Mr. Morris stated he believes the $1.60 each month plus $10 for trash is high and there has to be some way of justifying it. Mr. Morris said the City put a double drive culvert in front of his house and then returned two days later and had to put another culvert at the end of the street after it rained. He said the front of his driveway will be a puddle when it rains. He asked the Mayor to try to check credent i a 1 s. He sa i d Denn i s Fischer was a Code Enforcement Officer and now he's a Building Inspector and there's a lien against his house and it was ludicrous over a tree house. He said the court moved him out of his house and that's why he didn't know about it. He asked if he was legally to be notified on this. Glen Hyser, 136 West Palm Way, stated they'll use more water to clean things out for recycling and those bills will go up. He suggested the City give incentive so they'll want to separate items and the man will get more recyclable products and helll make more. CONSENT AGENDA Approval of expenses for those wishing to attend Florida LeaQue of Cities Legislative Conference in Tallahassee January 17-18. 1991: Parks & Recreation Board's request to establish a senior citizen ad hoc advisory committee to study senior citizens' recreation priorities: Fire Chief's request to purchase six Ora er air acks under i back clause with Se t. 5 1990 urchase from National Ora er Inc. at cost of 9 252. Christmas food certificates of 30.00 each as budgeted for City employees - Councilperson Gillespie requested removal of item C (re: air packs). Mayor Wessler suggested a motion to close the consent agenda. Counc il person Gill esp i e so moved. Counc il person Mart i n seconded the motion. Motion CARRIED 5-0. Mayor Wessler suggested a motion to accept the consent agenda. Councilperson Gillespie moved to accept the consent agenda with item C removed. Councilman Hays seconded the motion. Motion CARRIED 5-0. back clause with Se t. 5 1990 urchase from National Ora er Inc. at cost of 9 252 - Council person Gillespie stated they'll be holding a budget workshop and she wanted to pull this until that time to bring it up then. Councilman Jones stated the Fire Chief feels he needs these air packs. He asked if a delay will hinder the purchase to get them at the 1990 prices, as he has no problem if it doesnlt hurt the purchase, but if it does, they may want to look at it. Councilperson Gillespie said she brought it up at the briefing. Mayor Wessler suggested a motion to TABLE item C. Councilperson Gillespie so moved. Councilman Jones seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Appointment of representative and alternate to Daytona Beach Community College Steering Committee - Council person Gillespie asked the duties for this. Mr. Johnson replied itls an advisory board that works with the college regarding training programs for governments, they meet every other month, and work with the State and apply for grants for the Institute of Government. Mayor Wessler requested nominations. Councilman Jones moved to nominate Elly Johnson as alternative 1. Councilman Hays seconded. Councilperson Gillespie suggested it be by title of City Manager and possibly the alternate be Acting Mayor so it will be ongoing. She then amended the motion that they take alternative 1 with the title of City Manager and the title of the alternate as Acting Mayor. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Linda Tomarelli. New Smyrna Beach High School Cheerleader Sponsor, request for donation - Linda Tomarelli, 2209 Live Oak Drive, stated the varsity cheerleaders worked hard and got a chance to go to the National competition in Dallas, Texas. She said they've worked on numerous fund raisers and are asking for help from the City. She noted several of the cheerleaders are from Edgewater. Councilman Jones asked if there's money for this type of contribution. Mr. Johnson replied 4 Council Regular Meeting Minutes December 3, 1990 ---- ~ NEW BUSINESS (Continued) Linda Tomarelli. New Smyrna Beach High School Cheerleader Sponsor. request for donation (Continued) if they approve the motion for a donation it would have to come from unappropriated funds and when the budget's amended later it would be reflected. He added it's similar to when they approved funds for the bike path. Councilman Hays asked if they've historically participated in the past. Mr. Johnson said they've turned a lot down in the past, and review requests they receive during the budget process. He added they do participate on several projects at the High School, and this is over and above what's in the budget. Councilman Hays asked what recommends. Mr. Johnson explained it's an appeal to Council and he'd told the lady there were no funds int he budget. Councilman Hays moved they do donate a sum of money from unappropriated funds because he thinks it's important these kids have an opportunity and it be $500. Councilman Jones seconded the motion. Councilman Jones asked where the trip is. Ms. Tomarelli replied Dallas, December 28-29, and they'll compete for the National cheerleaders competitions. Councilman Jones asked if it's every year. Ms. Tomarelli replied no, this is the first time they've qualified. Councilman Jones stated they should be very proud. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Ord. 90-0-37 Amending Chapter 19. Sec. 19-63. establishing a $1.60 per month fee for weekly curbside collection service for paper. glass and aluminum and estab- lishing exemption procedures (Tabled November 12. 1990) - Mayor Wessler read the Ordinance. ORD. 90-0-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING CHAPTER 19, "UTILITIES AND SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ESTABLISHING A CITYWIDE RESIDENTIAL RECYCLING FEE OF ONE DOLLAR AND SIXTY CENTS ($1.60) PER MONTH AND PROVIDING FOR AN EXEMPTION PROCEDURE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Counci lperson Gi llespie asked a point of order, if they have to approve this once and then have a public hearing, and then amend it, or can they amend it as is. City Attorney Alvarez explained the procedure should be to amend it now because once you've adopted the ordinance on first reading and go to second reading, if there are substantial changes on second reading you cannot adopt it and have to go back to first reading. He said if there are substantial changes, they should do it now. Council person Gillespie moved to remove the 15 cents. Council person Martin seconded the motion. Mr. Johnson pointed out the 15 cents isn't a surcharge, it's part of the total cost for the total refuse bill and last year the bill wasn't raised enough. He explained the City's under State mandate and it will get worse and the City has to account for all costs related to and you can't use tax fees. Councilman Jones stated he has some problems with this ordinance and taking it to Southard's. He said he thinks they were told he has property and would have a bin and it wouldn't have to be taken to New Smyrna Beach but the way the ordinance is written, does it specify that, and does it specify businesses because they'd mentioned they'd consider business people as well. He asked if they're supposed to recycle or if they're exempt by State law. Mr. Johnson replied they're required to recycle but it's picked up by commercial private carriers and there's no fee structure for commercial garbage. He added Tomoka and IWS work with the commercial people to handle it. Mayor Wessler asked if that's all the changes they can make if they approve this with 15 cents removed or if they can make more at public hearing. City Attorney Alvarez replied they can make changes, but if changes are substantial, and that would be determined at the time, you have to go back to first reading and re- advertise. Mayor Wessler stated they have a recycling coordinator they're paying and she feels they can do it inner-City without paying people. Councilman Jones stated that in the minutes, Councilmember Bennington had pointed out many businesses have City pick up, Mayor Mitchum had asked how many they have, and Mr. Munoz rep 1 i ed about 300. Mr. Johnson exp 1 a i ned they're hand 1 ed as res i dent i a 1 customers and will have a bin, and any large commercial account will be handled as private. Councilman Jones asked if they're charged as a business. Mr. Johnson replied most are like residential customers. He explained they'd computed costs for doing this in-house and it was a large cost, and they can check records in Maryland and West Virginia and those that have large recycling, 5 Council Regular Meeting Minutes December 3, 1990 ........ ,...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Readina: (Continued) Ord. 90-0-37 (Continued) the last 5 years they were very successful and the last year the market went out of recycling and there1s a problem getting rid of materials. Councilman Hays stated that as a City they do have to recycle and must record tonnage they take to the landfill and overall this affects the entire garbage pick up and not just recyclables. He said people are saying they'll get another $1.60 a month and already pay $10, people are asking for exemptions that will amount to hundreds of hours and a ton of paper work, and he's not sure they want to get into that. He added they need the monies up front to get the program started. He asked that they look at some other items and rather than look for exemptions, look at ways to encourage people to recycle and provide a penalty for those that don't choose to recycle. Mayor Wessler asked if he means rather than charging them, they could charge those that don't put their bins by the side of the road. Councilman Hays explained he doesn't mean something like a ticket for the penalty but they should consider charging per bag what's picked up and taken to the landfill. He said he's been recycling his own for months and before he recycled he carried out a couple of large cans every time the truck went by, and after he started recycling he now carries out one kitchen bag that goes to the landfill. He explained if they charge per bag that goes to the landfill, it won't be a penalty, and this will eliminate some paper work and it should be the user that picks up the tab. Mayor Wessler stated she has a 6-member family and probably has 3 times as much garbage as his and they recycle, and how theyld know if they recycle everything would be a problem. Councilman Hays pointed out some people have several children but there are widows living in the house alone and they need to consider it all before they make a decision. A gentleman from New York who did not provide his name stated held like to see a City that's lost money with recycling. Mayor Wessler asked if Council objected to people speaking again. No Council member expressed an objection. Larry Perkins said if they're charging those that don't put bins out, he picks up for 16 in Silver Ridge who wouldn1t be using the bins. He asked if they'll charge $2-$3 a month when he picks up their stuff. Councilman Hays replied he's addressing usage and thinks they all should recycle and doesn1t recall saying anything about the buckets. Wayne Southard, 210 Wildwood, stated they were already awarded the contract. Mayor Wessler pointed out they didn1t sign a contract. Mr. Johnson explained the City Council awarded the bid to Southard and only details have to be worked out and they went through an advertised legal bid procedure. Mr. Southard said they1re trying to make it that they can go anyplace they want to if they show the tonnage produced. Frank Morris, 1814 Evergreen, stated in Daytona Beach they have recycling trucks with bins on both sides and the City could approach the company that makes those trucks and could make payments and do the pick ups on the off day. Mayor Wessler explained they were just told there's a contract. Councilperson Martin stated doing it in house would cost $2.08 per house and they have to allow for stockpiling and for getting rid of recyclables. She noted the newspaper industry isn't at the point to recycle paper and they need room to hold these things. She asked if they want to be bothered with that. She stated the 15 cents should be absorbed in the $10 fee they pay for garbage. Councilman Jones stated it's mandated, they have to do it and have been doing it a little over a month. He said he hasnlt heard a lot of complaints and they have to iron out those they've had. He agreed wi th Counc il person Mart into absorb the 15 cents in the $10 fee. He noted they're saving tonnage to get the credit at the landfill. He said he doesn't feel they should be mandated to take it to this company, they should be able to recycle anywhere they want to and give it to whomever they want to. Mr. Southard stated he doesn1t have a problem with that. Councilman Jones stated the 15 cents Councilperson Gillespie brought up is fine and since they've awarded the bid to Southard, they should give them a try, as they're flexible and are willing to work with us. 6 Council Regular Meeting Minutes December 3, 1990 ~ ..... ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading: (Continued) Ord. 90-0-37 (Continued) Councilman Hays said held like to see plastics added and he knows it's not there because of the machine but would like to see it added. Mayor Wessler asked if he could do plastics. Mr. Southard replied they were awarded a 3-year contract and agreed to do it at the end of one year if itls agreed for the second year. Councilperson Gillespie stated she's been recycling 38 years and they can get rid of plastics voluntarily at B & S or church but they must have the weight or we can't get our grant money if they don't know how much is recycled. She said plastics are a problem nationwide and there's a center opening in Georgia and it should be a benefit. She noted there are 5 or 7 kinds of plastics and they need the help and cooperation to get the program successful. She added she takes everything for everyone on her street and they didn't ask to get exemptions, they donated it to the bike path and will pay the $1.60. Mayor Wessler said she's referring to approving the $1.60 and the not charge anyone the 15 cents if they have the exemption. Councilperson Martin said if they exempt, it would be a flat out exempt. Frank Roe, 2732 Juniper Drive, stated he can't understand how they'd know how much tonnage they drop at the dump. Mr. Johnson said they have the totals. Mr. Roe asked why they have tabulate it on a computer that they donated it if they already know they dump so many tons in a year. Mr. Johnson explained each year it fluctuates and there's no constant figure. Mr. Roe stated they have to reduce it 30% and they've dumped a hundred thousand tons th i s year and now wi th recycling they've dumped 60,000 tons. He asked if they're doing unnecessary extra work and the bins cost money and hels done his own recycling for years and doesn't think helll use it. He said they can see how much it's reduced with what he picked up. A gentleman from 116 East Turgot (unable to understand name) stated some people spend 4-5 months away from the City and he gets a bill up North for $26 for picking up garbage and $3 for stormwater removal, but theylre not charging people who own property without a house on it and rain falls there also. He said when they're not here, it's ridiculous to pay this and he won't use the green pail. Councilperson Gillespie pointed out they hadn't addressed the fact they have just winter residents. Mr. Johnson explained it's just like school taxes he pays and his children have been out of school 10 years. He asked how they'd keep rates reasonable if all don't participate, and it would be $20-$25 for homeowners instead of $10. He added the County's projecting landfill fees to go from $18 to $30 a ton, and all cities have uniform rate structures and the garbage base is the same, and this year they have to replace equipment at cost of $30-$40,000. Mayor Wessler asked if held be exempt if he goes up North and brings proof of recycling there. Mr. Johnson replied it won't benefit the City and Edgewater's the only City in the County to exempt and if they keep pecking holes in it, somewhere someone will have to pay for it. He noted the percentage participating is surprisingly high and it's a sign people care. Councilman Hays asked at what point, if they have active participation and can encourage people to do it, he anticipates decreasing the number of trips to the landfill or the number of pick ups in front of the house those that aren't recyclable and to decrease expenses and costs. Mr. Johnson explained that's why the cost didn't go up more than $1.60 this year as they saved one trip a day. Mr. Carl Overstreet, Public Works Director, stated for the month of November they saved 7 trips with a semi to the landfill and it's 50 miles round trip for a 100 yard trailer with a diesel tractor. Mr. Johnson explained as the population increases, they haven't had to add more routes which is part of the savings. Councilman Hays asked if they'll reach the point with active participation to decrease the cost and perhaps pick up once a week or a different schedule for other than recyclables. Mr. Johnson explained there would be a problem in the house if you go with less than 2 garbage pick ups since it's basically just garbage since you'd have the tin and aluminum and plastics out. He added the savings would be they wouldn't have to add routes and personnel. Len Southard stated 9,272 people put their bins out this month and IWS said if they participate every 2 weeks it's considered 100%, so about 80% are putting it out but they're not putting it as full as they can. He said 7 people are working 10-12 hours a day. He said it might save them from going up on garbage prices. 7 Council Regular Meeting Minutes December 3, 1990 ' "W'. ..., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) F;rst Read;na: (Continued) Ord. 90-0-37 (Continued) Councilman Jones said it1s nice to hear they saved 7 trips to the landfill and the 15 cents. He said once the country gets geared for the recycling process there will be many ideas and new ways to handle this problem. He referred to usages of plastics held seen on a program. Councilperson Martin asked if people are programmed to use recycling at $1.60 and some are exempt, why are they charged $1.60 and then refunded, and why cou ldn I t they just charge on ly for those that use the program. Mr. Johnson replied the programs's set up according to the County on exemptions and a problem is keeping tabs on those that are recycling for a monthly period and you have to get a head count every week to see who does and doesn't, and if they sign the exemption certificate and recycle, theylll get it taken off. Mayor Wessler asked if they have to set up the exemption procedure tonight. Mr. Johnson replied there1s a section in the ordinance and if they say anyone can go to any recycling center and get credit and get an exemption they need something at the recycling center to stamp it and put the weight on it and bring it back so weill have the tonnage. Mr. Southard stated that1s the procedure at his center now. Larry Perk;ns stated the Edgewater Methodist Church raised over $1,000 for recycling and two weeks ago they turned in 9,000 pounds to Mid Florida and have been working with them 7-1/2 years. He asked how they'd get the credit for those that turn it into the church. He added Reverend Zeigenfus has been recycling 5-6 years and other churches are also. He read figures from 1986 to 1989. He asked how they'd put it into the computer. He suggested it be handled through City Hall, they'd just say they1re recycling like at the County, and they have to have faith in them, and if they don't, then the City will come and get them afterwards. He said theylll do a lot more with exemption than if they don't. Mayor Wess 1 er asked the date to reduce tonnage. Mr. Overstreet rep 1 i ed by January of 1995 they must have this in place and are working toward it now like everyone else is and it's grant money which is how they bought the bins. He said they're working with the State and County and buying igloos for recycling oil. He said this is ecology they're looking at, natural resources, and it can1t wait until the end of 1994. He pointed out it takes 27 times the energy to take raw material to make an aluminum can than it does to make a recyclable aluminum can. Mayor Wessler asked if they can pass an ordinance that says it will be $1.60 if they don1t recycle on their own, and try it for 6 months and if they haven't reduced it enough, it can come back to Council. City Attorney Alvarez replied yes, they adopt the ordinance without that limitation and instruct staff to have a report at 6 months and at that time, if they wish, they can revisit the ordinance and amend it accordingly. James McAuliffe, South Riverside Drive, said it's evident he's in favor of recycling but how to pay for it is the bone of contention. He said school taxes are overall and this is user taxes and that's what people are concerned about as they don't want to pay $1.60 and his recyclables are going to a church. He said the easiest thing to do is take back the bins and that way you'd know who does it. He pointed out it will show up at the landfill that they've complied with the recycling and you make the charges by the distribution of the bins. Mayor Wessler asked if she wants to accept the ordinance with a full exemption. Councilperson Gillespie replied yes, and she so moved. She then restated her motion that anyone receiving a certified exemption will get the full amount exempted. Councilperson Martin seconded. Mr. Johnson suggested they put in the ordinance that all those people who give to the church would come to City Hall and fill out an exemption and turn in the bins will not be billed and at the end of 6 months they can revisit it. He explained Mr. Southard will be given a list of those people, and at the end of 6 months if it1s isn1t functioning, he'll make a recommendation to them to put it back in with no exemption. City Attorney Alvarez suggested the word i ng changes in the ord i nance wh i ch they'll be required to initial if approved on first reading: second paragraph dealing with exemptions - "any resident who chooses to recycle directly rather than utilize the curbside service will receive a credit of $1.60 per month.:, striking out the entire last sentence and adding new language: "provided the resident returns their basket and provides City Hall with a certified exemption form". 8 Council Regular Meeting Minutes December 3, 1990 ....... ....., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading: (Continued) Ord. 90-0-37 (Continued) Mr. Southard asked about tin cans and those items the churches don't recycle, will they have to prove it. Mayor Wessler replied if the tonnage doesn't go down enough in 6 months, it comes back to Council and they'll review it and, if it doesn't everyone City wide will have to pay for it. Mr. Southard asked if the garbage people will go through the bins as the County does. Mayor Wessler replied no, they're hoping the people will be honest enough. Mr. Southard said they'll get the exemptions through City Hall and not through the company. Mayor Wessler agreed, and asked when it will take effect. Mr. Johnson replied after second reading two weeks from today. Councilperson Gillespie asked to amend her motion to include 6 months trial. Mr. Johnson replied that's on record. Councilperson Gillespie stated under Chapter 19, service charges and rates, third paragraph, "Any resident who chooses to recycle directly rather than utilize the curbside service will receive a credit of one dollar and sixty cents per month provided the resident returns basket and provides City Hall with a certified exemption form filled out" and she so moved. Council person Martin seconded the motion. Motion CARRIED 5-0. Mayor Wessler recessed the meeting at 8:40 p.m. and called it back to order at 8:47 p.m. Res. 90-R-69 Appointing Vice Mayor and Acting Mayor for one year terms - Councilman Jones nominated Louise Martin for Vice Mayor because she's spent a number of years on Board of Adjustment and was appointed 1979, 1982 and 1985, and was a member of the Merit Board, and on the LDRA appointed 1988. Counc il person Mart i n nomi nated NoraJane Gill esp i e. Counc il person Gill esp i e declined, and concurred with Louise Martin. Councilman Hays agreed with Louise Martin, adding she'd be a very good Vice Mayor. Mayor Wessler agreed. Councilman Jones nominated Mike Hays for Acting Mayor. Councilperson Martin seconded the nomination. Mayor Wessler nominated NoraJane Gillespie. Councilperson Gillespie declined, and concurred with Mike Hays. Mayor Wessler read Resolution 90-R-69, inserting the names of Louise Martin for Vice Mayor and Mike Hays for Acting Mayor. Councilman Jones so moved to appoint Louise Martin as Vice Mayor and Mike Hays as Acting Mayor. Council person Gillespie seconded the motion, and requested the word "regular" be inserted on the text to read "first reqular meeting" and also on the resolution text due to the discussion with the City Attorney the other night. Mayor Wessler said the resolution will state it's a regular meeting. Motion CARRIED 5-0. Res. 90-R-70 Endorsing and supporting areawide transportation information service for concurrency management to reduce costs and facilitate economic development - Mayor Wessler read the Resolution. RES. 90-R-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ENDORSING AND SUPPORTING THE ESTABLISHMENT OF AN AREAWIDE TRANSPORTATION INFORMATION SERVICE FOR CONCURRENCY MANAGEMENT TO REDUCE COSTS AND FACILITATE ECONOMIC DEVELOPMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones moved to accept alternative 1. Councilman Hays seconded the motion. Councilperson Gillespie stated on page 2, section 2, the actual wording she by where it says "direct the staff to further investigate the feasibility. she moved to amend they strike "further investigate" and insert "coordinate with VCOG on the feasibility", because it looks like we're going out and hiring more consultants and it should say they're going to coordinate with VCOG. She added she'd called Gary Greeson and he suggested this and spoke with Mark Karet and it was his suggestion to coordinate with VCOG also. Councilman Jones seconded the amendment. Motion CARRIED 5-0. Res. 90-R-71 Appointing one member to Parks & Recreation Board due to resignation of Kirk E. Jones. who was elected to Council - Councilman Jones stated they had so many applications, which is encouraging, and in the past they sent them to the Board and they'd review it and submit 3 names they felt would benefit the Board, similar to the Screening Committee, and he feels they need to look at it because there are so many applicants. He said he didn't get in touch with every individual that applied to talk to them and would like more time if they don't 9 Council Regular Meeting Minutes December 3, 1990 .,. ~ ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Readina: (Continued) Res. 90-R-71 Appointina one member to Parks & Recreation Board due to resianation of Kirk E. Jones. who was elected to Council (Continued) send it to the Board. Mayor Wessler said she'd talked with everyone and would encourage that rather they do it than send it back to Parks and Recreat ion because it's more personal. Councilman Jones nominated John Cory since they're minus a Board member because tabling it might be of benefit to him but he doesn't want to slow the progress for the City. Council person Martin seconded the nomination. Councilperson Gillespie moved to nominate Donald Schmidt. Councilman Hays nominated Danny K. Hatfield. Mayor Wessler nominated John Cory, noting the majority is for John Cory unless they wanted a roll call on each one. No Council member expressed an objection. Mayor Wessler read the Resolution. RES. 90-R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She inserted the name of John Cory for a term of office to end May 17, 1992. Councilman Jones moved they accept the Resolution. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Councilman Hays voted NO. Res. 90-R-72 Appointina four members to Board of Trustees of Police Retirement Plan for two year terms - Councilman Hays moved to TABLE Resolution 90-R-72. Councilman Jones seconded the motion. Motion CARRIED 5-0. Second Readina:(Public Hearinal None UNFINISHED BUSINESS None COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report. City Manaaer - Mr. Johnson stated they have a signed contract for the 26 acres of 1 and wi th the Schoo 1 Board and hope to close in the next two weeks. He explained the hold up was mineral rights and the State will release the rights when the property has changed hands. Mr. Johnson said there are other items that need to be discussed at the next meeting and he'll give them a memo. City Council Councilman Jones thanked the citizens for their patience. He said they'll be getting a PA system back in service. He explained it will take them awhile as a group to get used to the functions of the Council. He thanked the audience for being present because it's an important part of the community and they're trying to do what's best for everybody and the best they can. Council person Martin thanked them for coming and said she hopes they'll continue. She thanked them for having patience with the new Council. Councilperson Gillespie said she hopes they have a lot of patience. She said per City Code page 204, they cannot reconsider so she moved to accept 90-R-67 previously given to Council-elect 11/13/90 authorizing appropriate City officials to execute joinder in the Interlocal Agreement creating and governing the Halifax Regional Water Supply Authority. She said Mr. Johnson recommended they join and Gates Castle briefed them, and it was defeated and they cannot reconsider so she's bringing it up and moving to accept 90-R-67. Councilman Hays seconded the motion. City Attorney Alvarez stated it should be on the agenda for the next meeting as this was the old Council and they concluded sine die and this would be under new items. Mr. Johnson explained that's one of the items in his memo. Councilperson Gi llespie stated on page 1294-95, Article II, regarding truck routes, she'd like to have this put on the next agenda. She asked if she can move to amend the speed limit on Roberts Road, 30th Street, and also Park Avenue. Mr. Johnson stated they can't control Park Avenue as it's a County road and he'll check State standards for the others and Mr. Castle will check it and it will come on the next agenda. 10 Council Regular Meeting Minutes December 3, 1990 '-" ...., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Mayor Wessler said she received a letter about the back entry to Turgot. Mr. Johnson said they're holding it up because they have to provide stormwater retention off that property and part of the park is going where the retention wi 11 be and when the des i gn I s approved by St. Johns River Water Management District, it will be back to Council. Mayor Wessler explained she was talking about speed limit on Turgot. Mr. Johnson sated that's not a public street, only the part from the ditch on, and he'll have the Chief get information on it. Mayor Wessler said she thinks it's the street down to the ditch they go so fast. Councilperson Gillespie stated since this is the first regular meeting, she'll comp 1 ete her first year on the 3- year appo i ntment on the b i cyc 1 e-pedestr i an advisory committee of VCOG in March, 1991, and the County advised if they have no objections, she can remain to finish her appointment. Mayor Wessler and Councilman Hays stated they had no objections. Councilperson Gillespie recommended Dominick Fazzone be returned to his previous position as their representative on the Citizens Advisory Committee of the VCOG by City Council endorsement as she was advised by his fellow members he was an excellent member on their behalf. Mayor Wessler explained Mr. Fazzone resigned and then withdrew the resignation so he's still on it. Councilperson Gillespie recommended City Council endorse Mayor Wessler as their representative officially on the MPO of the VCOG replacing former Vice Mayor Russell Gold with special appreciation to Mr. Gold for his fine efforts on the City's behalf. Mayor Wessler agreed. No Council member expressed objection. Councilperson Gillespie moved to reject the November Progress Report, 1990, by Dyer, Riddle, Mills and Precourt, Incorporated, City Consulting engineers, capital improvement program, due to the following items: inadequately addresses effluent settlement DOAH Case 90-4838 which charges the City to have a complete effluent plan by July, 1991, this report only address Florida Shores effluent return plan, drainage is addressed with stormwater in City papers, here also listed with paving; Res. ~0-R-34 dated 4/23/90 has never been addressed as part of the CIP and it's here listed as North U.S. 1 water main and the original intent was to provide fire hydrants and upgraded water service east side of U.S. 1; and stormwater was pulled from the CIP prior to January I, 1990, ordinance 89-0-27 dated October 2, 1989. Mr. Johnson explained you do not accept or reject the report, it's just for information and goes beyond the regular CIP because held asked him to do it. He said the project on U.S.l was approved and after final permitting they'll bid the project. He said the information related to the hearing on effluent isn't there because Council hasnlt made a decision to proceed and what kind of plans they'll address, but Council did approve the re- use system as it addressed Florida Shores and the other hasn't been authorized and that case was just settled. He said they have to make the decision to proceed and DRMP was only authorized to work with special counsel to try to resolve that case. Councilperson Gillespie stated she wants it as part of the permanent record she was dissatisfied with and rejected the progress report. Councilman Hays stated since the last meeting he reviewed the work done on revisions on the Charter and a good job was done and held like it to come before them very soon to continue with it. Mr. Johnson asked if it could be scheduled after the first of the year after the holidays. Councilman Hays agreed. Mr. Johnson said the second meeting in January it will be on the agenda. Mayor Wessler asked if they can make any changes they want to at that time. Mr. Johnson replied yes. Councilman Hays complimented the people on the work done and said it was a good job. Mayor Wessler stated she's been talking with Mr. Johnson about moving Parks and Recreation and getting them in the Parks and Recreation office as soon as possible for an office in City Hall. Mayor Wessler asked if the City Attorney was drawing up the resolution for the Mayor and Council Advisory Committee. City Attorney Alvarez replied as soon as the minutes are prepared. Mayor Wessler asked Mr. Johnson to look into using recycled paper at City Hall. Mr. Johnson said they use it every place they can with several publications. Mayor Wessler asked they use it for the copy machine and she wants them to do it as soon as they can. 11 Council Regular Meeting Minutes December 3, 1990 .. . ...... ..."., QUESTIONS FROM PRESS None. CITIZEN COMMENTS Norm Billups, 1868 Pine Tree, requested they have a citizens night one meeting out of each month so citizens can comment which may shorten meetings, for example, discussion on charges on recycling could be settled without dragging out regular meetings. Mr. Billups stated he hopes they have enough applications including citizens to set up a screening committee in view of the number of appointments they have advertised. Mr. Billups said they should look at and delve into and workshop the engineering contract with Dyer, Riddle. He referred to a letter to builders and contractors to divert stormwater to the streets and that will be a horror in heavy rains. He added then the drainage ponds for about 50% of the streets will be closed on the east/west streets. He said they'll have problems with control and mosquito control and children playing there. He said he thinks the engineers they hired could do a better job than that. He noted the letter was signed by Dennis Fischer, Building Inspector, around 1988. He said the last flooding a few years ago he found a huge eel in front of his mail box and the lake had run over and drainage canals couldn't handle it. He stated the drainage canal conduits were not large enough or deep enough. He asked if theylll have the homes and streets flooded again and asked them to look into it. Frank Roe, 2732 Juniper, told Council it was a pleasure to see them working the way they are and hopes they'll continue and the did a good job. Dominick Fazzone, 302 Paradise Lane, congratulated Council for having the patience they did tonight and it was a very democratic meeting. He asked when they have a workshop to consider putting on the agenda the citizens can be heard if they have something pertaining to it because in the past citizens were not heard. ADJOURN Mayor Wessler suggested a motion to adjourn. Councilperson Gillespie moved to adjourn. Councilman Jones seconded the motion. Meeting adjourned at 9:25 p.m. Minutes submitted by: Lura Sue Koser CYJ \ ~. -(:~.'." ' ~ M~ ~~-! / \J ~ (~I / ' I /j - ~----- (A./ .---. -I-{)I~ /e/J~ ~LMANd ~ONE .: rIt~ '-- Cl.;~ ~ COUNCILPERSON - ZONE TWO ~ ~~' (j~ CO~N-'.~0 -. ZO~E ~ . jf /fy / <) 11~-~/" COUNCILMAN(- lONE FOUR . ATTEST: ~~JI~-- CITY CLERK! Ap~oved th i s ) 7 day of ~ , 199~. 12 Council Regular Meeting Minutes December 3, 1990