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12-17-1990 - Regular ( .,..." 'W . . CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 17, 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 Excused Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Sal Siano, Edgewater Alliance Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting of November 26. 1990 - Councilperson Gillespie moved they accept the minutes of the November 26th Special Meeting. Councilman Hays seconded the motion. Motion CARRIED 5-0. Special Meeting of November 29. 1990 - Councilperson Gillespie moved they accept the minutes of the Special Meeting of November 29th. Councilman Hays seconded the motion. Motion CARRIED 5-0. Regular Meeting of December 3. 1990 - Councilperson Gillespie moved they accept the Regular Meeting minutes of December 3, 1990. Councilperson Martin seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Wessler advised because there were so many present, they'd keep the 3 minute ruling, depending on how far they are into it, and they'll let them speak. Larry Perkins asked if the exemptions are ready. Mr. Johnson repl ied the exemption form will be ready if they adopt the ordinance. Mr. Perkins asked where they will be and Mr. Johnson replied City Hall. Mr. Perkins referred to a newspaper article held read about the 30% reduction by 1995 and that if they don1t obtain the reduction, after 6 months they may have to eliminate the exemptions. He also said that the article says they can take plastics to the fire station. He asked who would take it after it gets to the fire station. He said he has a car load of plastics to turn in and will take it to Guava. At this point, Mayor Wessler cautioned a gentleman in the audience a second time that if there were any more outbursts, the Police Chief would escort him out. Mr. Perkins reviewed figures if all the households participate and he read from a Chicago article regarding plastic bottles and their uses. Mayor Wessler called time and asked if Council wanted him to continue. Councilman Hays replied yes. Mr. Perkins stated the article says Chicago saved $300,000 in one year and welre smaller. He asked if the man will stay in business for several years or will he go out of bus i ness, and they shou 1 d tell him to go ahead and get the equipment. He pointed out there1s nothing about it in the ordinance, and asked if it should be included or if they should turn it in somewhere else. He asked how theylll collect from the churches. He said much more needs to be done with this and if the man gets the contract for the City, he should get involved in not just one or two things, but others also, and the City should get involved. He referred to leaves he's recently raked up to be recycled in his garden. ...... ~ CITIZEN COMMENTS (Continued) M;chael B;ll;ck, 2528 Lime Tree, Vice-President of United Taxpayers of Edgewater, stated they'd announced their goals and objectives at their Candidates Forum Night, and following are their recommendations: 1) UTE reviewed application of the consent agenda and feels the purpose has been abused and consideration of abolishment should be reviewed; 2) the November, 1990, Dyer, Riddle, Mills & Precourt project progress report should be on a future agenda and rejected. UTE feels there are many irregular statements and the report is not conclusive; 3) the Mayor and Council are reminded to send letters to appropriate authorities in Tallahassee on the SRF loan for 9.7 million and the grant money of 1.9 million; 4) fiscal year 1990-91 budget was reviewed and UTE will be happy to part icipate in the budget review workshop and it. s suggested all supporting documents and departmental input be available; 5) UTE strongly recommends the CIP Committee be abolished; 6) a water plant technical review board be formed to look into all aspects of Dyer, Riddle, Mills & Precourt water plant construction proposals; and 7) UTE suggests a financial planning board be formed to review all rate increases, financial arrangements, and taxpayers financial payments. He said they'll be glad to talk with Council at any time and give further input and in the future they'll be coming up with more comments. He gave copies to Council so held know they all have it when it comes up again. Harrv Jones, 3035 Tamarind, stated he's winding up his second year as Chairman of the Merit Board and isn't speaking for the Merit Board but for the purpose of credibility. He said as Chairman of the Merit Board on many occasions they had to go to Mr. Alvarez for information and wording and data and things they needed to carry out their job and Mr. Alvarez has always, without exception, given them everything they asked for and in a manner that it could be used. He added he realizes a lot of rumors about Mr. Alvarez have been heard and since he's been the subject in the past, he feels a little sympathetic to anyone that has rumors about him. He stated he didn't hear anything mentioned in Council except his contract. He pointed out some organizations require the staff submit to them their resignation when a new regime goes in, that's a standard procedure, and those that management wants to accept their resignation, they replace, and those they want to keep, they reject their resignation. Mr. Jones stated there are other people in the employment of the City under contract and it seems unfair to pick on one person on his contract. He recommended to Council that all contracts be reviewed, not only the contract, but the employees in those positions, look at whether they're carrying out the full extent of their contract, what their qualifications and abilities are, and what their performance has been. He added they've all had performance appraisals but Council should take a good look at what staff is doing. Al Keaton, 3029 Kumquat, stated on December 13th a group of his clients presented to LDRA a golf course/mobile home subdivision and already it's around town that the City.s going to do this. He stated it's a private individual putting this project together and the City's only working with them to try to get it into the City and that1s all. He again stated this is a private enterprise. Edward Hurt, 120 Highland Avenue, stated he's 100% in favor of recycling but feels itls a failure in this town. He said he put everything at the curb and people walk up and look at it and they left everything the last 3 weeks. He asked how to turn the bin back in as held heard they could turn it upside down. Mr. Hurt asked who.ll pay for the improvements when he puts in the golf course. He asked if it will be $1,200 on his taxes in it. He suggested they impact it or whatever they have to do. He said he represents about 15 people in a poor section of Edgewater and they watch their water because they can't pay when it runs over on the bill. He said people coming into the community and growth won't be stopped and they should put it where it's supposed to be. Dominick Fazzone, 302 Paradise Lane, stated on Wednesday night in the Community Center there will be a very important meeting with the Florida Department of Transportation having a public information meeting on the multi-laning reconstruction study for SR 442, which is Indian River Boulevard. He said it's proposing reconstruction from 1-95 down to U.S. 1. He referred to the problems on Indian River Boulevard. He said theylre asking for citizens and officials to be there for input and concerns. He referred to the Library in that area and the U.S. 1 intersection which is a very hazardous spot. He urged citizens to attend and give their comments and input. 2 Council Regular Meeting Minutes December 17, 1990 .... ..." CITIZEN COMMENTS (Continued) Jake Lodico, 302 N. Riverside Drive, stated he was on Council 8 years and has sons and daughters the age of this Council and they don't know what a recession is. He stated they should build what they have to but not those things they don't really need because there are a lot of people can barely make their payments on their homes. He asked why they have to pay $300,000 for a sewer when they could do it later on. He said people are being laid off and they'll be losing their homes. He referred to a previous recession. CONSENT AGENDA Public Works Directorl s request to purchase refriaerant recovery recvclina center from Snap-On Tool Corp. at cost of $2,495: Parks and Recreation Director1s recommendation to award bid for resurfacing of Kennedy Park shuffleboard court to Straiaht Stripina Service at cost of $6,400: Police Chiefl s request to purchase used 1990 non-pursuit vehicle for Operations Lieutenant from Jon Hall Chevrolet under County bid price of $9,500: Closina of City buildinas at 12:30 p.m. on December 21, 1990. for employeesl Christmas party: and City Hall office space recommendation - Councilperson Gillespie asked to withdraw the City Hall office space recommendation for further study since they're going to budget and look for accommodations for the Mayor without spending $48,000. Mayor Wessler asked to remove the Public Works Director's request to purchase the refrigerant recovery center. She said she doesn't believe they need to spend that amount for 30 air conditioned vehicles and she1d called a lot of cities and a lot don't have it. Mayor Wessler requested a motion to close the consent agenda. Council- person Martin so moved. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Mayor Wessler requested a motion to accept the consent agenda. Councilperson Gillespie moved to accept the balance of the consent agenda, minus A and E. Councilperson Martin seconded the motion. Motion CARRIED 5-0. City Hall office space recommendation - Councilperson Gillespie stated during budget hearings it was mentioned they'd spend money and put a building at Turgot for the Recreation Department and remodel but they don1t own the land on Turgot and shouldn't put anything on something they don't own and she doesn't think they should spend the money right now. She said they can remodel City Hall to accommodate the Mayor without this. Councilperson Martin concurred. Public Works Directorl s request to purchase refriaerant recovery recvclina center from Snap-On Tool Corp. at cost of $2,495 - Mayor Wessler stated they don't need to spend the money now, they need to tighten their belts and can do without it. NEW BUSINESS Land Development & Reaulatorv Aaencv1s request to reinstate enforcement of sian ordinance - Councilperson Gillespie stated she'd like this to be withdrawn for further study on the basis the back up doesn't say why Mrs. Bennington felt it was necessary to remove it in the first place and the minutes don't address her real concerns. She stated they should rework the ordinance and do it once and do it right. She suggested they get samples from other cities our size and find FOOT right of way sign requirements, input from Chamber of Commerce, and consideration of the Mayor's campaign statements regarding political advertise- ment sign clutter, and the Engineer's input on sign clutter and traffic hazards, and that's a motion. Councilman Hays seconded the motion, and pointed out when it was withdrawn, Mrs. Bennington's comments were that it was full of contra- dictions and before they put a sign ordinance back into effect they should have one that works. Mayor Wess 1 er agreed, exp 1 a i n i ng they appo i nted an ad hoc committee and they've had two meetings and the third is Wednesday. She referred to the absences of members and requested in the future if they continue to have a problem with absenteeism they abolish the ad hoc committee and put new people on that would attend if they had the opportunity. Motion CARRIED 5-0. Georae Naill Report on new wellfield - Georae Naill, 1604 Royal Palm, President of United Taxpayers of Edgewater, stated the water system stinks in more ways than one and with the advent of the new design of the new water plant on 442 at 1-95 and as a result of a meeting UTE hosted, Ron Ferland assured them their plans for the water plant are complete and they're ready to go with the exception of funding and others. He pointed out that in the interim rumor had it that the area was used as a dump site and UTE investigated and the Superintendent of Utilities provided them with a quality water report that was done during the initial drilling of the well. He stated the report was fairly comprehensive but testing for organics and inorganics such as heavy metals didn't appear and they only 3 Council Regular Meeting Minutes December 17, 1990 'w' ,.... NEW BUSINESS (Continued) George Naill: Report on new wellfield (Continued) tested for one wellsite, \ basically for volume and flow to test the aquifer. He said the test for contaminants mostly was done on the area of hard water and things you normally would find don't have much effect. He added that DER provided them with sample reports done in the 1988 time frame and the most critical one dealing with heavy metals and inorganics was done at the water plant and not at the wellsite. He said they talked to Mr. Wadsworth and went over the entire process and he showed them the requirements that would be tested at the wellsites. He added they made a trip to the wellsite and it's clean and there was no evidence of any type of contamination or dumping or being used as a landfill in that area. He pointed out they need to consider testing on the wells is when they drilled and it costs about $300,000 but they can accomplish it with core samples at less value and the core samples should be made before actual drilling. Mr. Naill stated that during the meeting with Mr. Ferland there was a statement that the permitting for wetlands hadn't been accomplished and they found out that was true and the permit has to be issued before they start any construction. He pointed out that water supply is critical to the City and they have to make sure it comes first. He said the CIP is a massive undertaking and he doesn't think they have the capability at this point to put everything in but they can't afford to delay it any longer. He said they have to get on with the business of getting the City a good quality water system. He added design is complete but what's lacking now is determination of funding. George Naill: Proposal for "CUizens Local Advisory Support Program (CLASP)" Mr. Naill stated they have Resolution 90-R-74 establishing the Citizens Advisory Committee and it's a good idea but he feels they may have a problem with an advisory board as to cover all the areas in this City they'd need about 100 people which is out of the question. He stated he presented a superficial view of his proposal and calls it the Citizens Local Advisory Support Program and it allows them to go out and entertain volunteers of the community in their own field of expertise on a volunteer basis to support the City in an advisory capacity and they'd be on call and when needed they'd be on tap. He said they'd need an application or brochure to allow them to sign up and the City has a computer system where they could put the name, address, telephone number, and field of expertise, and when a problem arises you inquire out of that system who will be available. He again stated it would be on a volunteer basis and the proposal of an advisory support program would get the citizens involved a lot more and they'd probably help a lot more than they are getting now. Direction re: purchase of Indian River Utilities (Hacienda Del Rio) Council person Gillespie moved they withdraw this for 45 days study based on the following: doesn't feel new Council has adequate information on which to base a decision at this time; reconsidering of the budget tomorrow evening; reference Ron Ferland's statement at the Pelican Cove meeting concerning the purchase; she'd like Council to have the Marshall McCully Associates engineering study done for the County; she'd like everyone to have a copy of South Coastal Volusia County 201 Facilities Plan EPA project by Russell and Axon Engineering; further review of Edgewater's five mile utility long range plan. She said they're trying to work wi th the County and not aga i nst them and she I d 1 i ke County input. She stated she doesn't want to be pushed into something she feels they don't know sufficiently enough. Councilman Hays seconded the motion for discussion. Glenn Storch, law firm of Storch and Hansen, represented Indian River Utilities. He stated they've been working with the City and looking at issues. He said Indian River Utilities is a service area that was designated by the State that includes Hacienda Del Rio and Boston Whaler, and they were approached by the City and County as to the possibility of selling this. He added they intended to expand, as they're entitled to under the Public Service Commission Charter, and if the City isn't interested and if the County isn't interested, that's fine, and they don't want to drive a wedge between the City and County. He said his client understood it was a possibility that Edgewater would annex up to and surrounding Hacienda Del Rio and they entered into negotiations with the City. He pointed out there are no negotiations now but they have to do something even if they have to get the permits themselves and they want to know something. He added he can't guarantee if the decision will remain open. Mayor Wessler asked if hearings will cost the City money. Mr. Storch stated he's not requesting that but they would have to hold certain public hearings before they could purchase a PSC service area. 4 Council Regular Meeting Minutes December 17, 1990 '-" ,..", NEW BUSINESS (Continued) Direction re: purchase of Indian River Utilities (Hacienda Del Rio) (Continued) Mr. Johnson stated there were some problems with the County and dispute about the area and one problem was the County taking over into the City's utility reserve area. He pointed out they didn't ask for a decision on purchasing the utility tonight, they cannot do that, as by law there has to be certain data prepared, a study done, and they have to be brought back at public hearing. He added the request is to decide if they want to designate a time for public hearing and make a decision to proceed, and if they don't want to, that's fine. Mr. Storch stated they're just looking for some idea of what option they may have to take. Mr. Johnson explained he doesn't know the costs until data's prepared. Clay Henderson pledged on behalf of the County Council their cooperation on this issue. He said they decided some time ago that the County had to move forward to begin work on utilities in that area because of pollution threats to the river and salt water intrusion problems in the developments to the South. He explained they acquired Indian Harbor Estates, Golden Bay, and South Waterfront Park plants and got into a friendly disagreement with the Edgewater. He stated he'd like to work together to try to jointly plan for that area and the last time the City Manager appeared before the County Council that was his understanding of how they'd left the issue. He stated they'll make available information they have and the staff and look at how they can effectively and responsibly provide for service to that area. He suggested it may be to their best interest to acquire it or both of them acquire it. He expressed appreciation for the cooperative spirit of Mrs. Gillespie's motion and extended the hand of the County, adding he'll be there with whatever he can do to help. Mr. Johnson expressed appreciation for Mr. Henderson's being here. He said he's worked since August, 1989, trying to get an agreement with the County and he left the October 2nd meeting and was told he'd hear something and he's called County Councilmen and staff and doesn't get an answer. He explained the agreement was the City would supply the water and when the County needed to build the sewer plant they could share with them. He stated one reason to get the utility is growth in the area and they were requested to consider it. Mr. Storch suggested they hold another meeting or set a public hearing and if they don't have the information then, continue it, but 45 days may be too long. Mayor Wessler requested a copy of the agreement with the County. Mr. Johnson stated it's not an agreement, it's something they've been working on for some time. Councilperson Gillespie stated Mr. Johnson will be on vacation until the 7th and she could amend the date to be the second week in January. Mr. Johnson suggested it be then or the third week in January to have the data because of all the reports to be prepared to cover all areas of the law. Mayor Wessler stated she doesn't want the study to cost the City a lot of money. Councilperson Gillespie asked if they can set a public hearing or put it on the agenda for the second meeting in January for an input period at the beginning of the meeting. Mr. Johnson replied the law requires an advertised public hearing and data made available. He suggested it be a special meeting so people will have ample time to speak, and he'll come back if he can't do it for the second or third week in January. Mr. Storch suggested they have a workshop on this and public hearing in February, and they can cancel the hearing if they want to. Mayor Wessler asked if they can have information at a workshop the third week in January. Me. Johnson replied yes. Councilman Hays asked when they can receive a copy of this plan he's tentatively worked out with the County. Mr. Johnson explained there were two different agreements, one basic with the developer, and a proposed agreement which could be the end of this week. Councilman Jones asked if the information that Mrs. Gillespie requested will be obtainable in a short period of time. Mr. Johnson replied he'll get her list and make them available. Mayor Wessler said she understands their feelings and if they turn it down, the County will rush in tomorrow and purchase, and she'd like to see the agreement. Virginia Newburn, Hacienda Del Rio, stated when they purchased their house they were notified they had the best water in Central Florida, they have their own well and won't have to depend on outside water. She asked if residents have options and if their water will be used on golf courses. She asked how it will go from their park to someone else. Mayor Wessler advised they'll look at all this at the workshop and public hearings. 5 Council Regular Meeting Minutes December 17, 1990 .... ""WI' NEW BUSINESS (Continued) Direction re: purchase of Indian River Utilities (Hacienda Del Rio) (Continued) Councilperson Gillespie amended her motion to call for the public hearing in 45 days with a workshop scheduled in the third week of January with the assumption that what Mr. Johnson said is correct that if they're not happy at the workshop meetings they can cancel the publ ic hearing. Councilman Jones seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Ord. 90-0-40 Providing for a 10% increase in water rates each year for the next five year: 6% increase in wastewater rates for fiscal years 1990-91 and 1991-92 and 5% for fiscal years 1992-93. 1993-94. and 1994-95: increase in wastewater system impact fee from $1.000 to $1.425 per equivalent residential unit: increase in customer deposits from $30 for combined services to $45 each (total $90 for combined utilitv services) applicable to new residential customers. and for non- res i dent i a 1 customers depos i t to be two times average month 1 v bi 11 - Mayor Wessler stated that Nikki Clayton. the Council's attorney right now, was not able to be here this evening because she's sick and she's had no contact with Mr. Alvarez's attorney as he didn't call her back and she's requested they make no decisions regarding the CIP until the matter's resolved. Council person Gillespie moved they TABLE Ordinance 90-0-40. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Res. 90-R-72 Appointing four members to Board of Trustees of Police Retirement Plan for two year terms (Tabled December 3. 1990) - Councilman Hays nominated Kenneth Smith. Councilperson Martin nominated Ruth Garvey who's retired from the Police Department. Councilman Jones nominated Kenneth Smith. Councilperson Gi llespie concurred with the two nominations. Mayor Wess ler read Reso lut ion 90-R-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO (2) POLICE OFFICERS AND TWO (2) LEGAL RESIDENTS TO THE BOARD OF THE TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PRO- VIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She inserted the names of Larry Westfall and William Bennett and Kenneth Smith and Ruth Garvey. Councilperson Martin so moved. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Res. 90-R-73 Authorizing appropriate City officials to execute Joinder in Inter- local Agreement creating and governing Halifax Regional Water Supply Authoritv - Mayor Wessler asked if everyone got a copy of Mr. Alvarez1s memo as it appears he1s against it and she asked Clay Henderson to be here to give the benefits. Clay Henderson stated he's speaking on behalf of the Volusia City County Water Authority of which he1s Vice Chairman. He asked the City to commit to join the Authority which is now an award winning venture of intergovernmental cooperation. He said if Edgewater joins, it means every full service city on Volusia's East Coast will be a part of this and it will make an important statement to the rest of the County on how to resolve this problem. He said he examined Mr. Alvarez's memo. He reviewed the 1986 Charter Review Committee of Volusia County statements regarding the importance of water with appointment of a task force. He explained the daily records kept on test wells and noted they1re 25 months into the worst drought in the State. He said they're seeing salt water adversely affecting the aquifer in West Volusia now. He stated water doesn1t belong to a city, it belongs to everyone in Volusia County. He pointed out EPA designated it a sole source aquifer because it's confined to Volusia County boundaries and crossing the County line to the South they cannot drop a well because salt water levels are so high. He said it's their obligation to try to protect it. Mr. Henderson stated in 1987 the Water Authority was formed by four Halifax area cities and in 1989 the County Council joined the Authority and a tremendous amount of technical cooperation occurred and they were all working to protect the aquifer. He said they know the condition of the aquifer better now and take a daily pulse. He referred to usages last year and during special events. He stated they worked together last year to develop a water conservation ordinance, well protection ordinance, and buffer that's protecting wellfields to the West. He said on Wednesday they'll discuss how they'll plan for the central wellfield for Volusia County and are talking to United States Geological Survey on how to manage and maintain the wellfield. He stated Mr. Alvarez's memo refers to Edgewater's not using it but it1s the same water. 6 Council Regular Meeting Minutes December 17, 1990 problems this year ~ ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) first Reading: Res. 90-R-73 (Continued) Mr. Henderson explained New Smyrna Beach is already running into problems with wellfields and political problems are occurring with Ormond, Daytona, and Deland. He stated he's never seen an issue so touchy and so technical as this that threatens to divide the community. He said itls important for Edgewater to join and be a part of the team. He pointed out they have a lot of lawyers on legal staff and attorneys from Ormond Beach and New Smyrna Beach have agreed to the interlocal agreement and liked it. He suggested they don't have a monopoly on the wisdom that put it together, but when you get those cities and Volusia County to agree, it can't be that bad. He said if Edgewater doesn't want to participate in the central wellfield, they'll develop a way so they won't be assessed and it's a minor investment and major oppor- tunity. He urged them to be a part of this. He said if they have concerns, held suggest they direct staff to work with his staff on the interlocal agreement. He stated it will be a new spirit of cooperation in East Volusia County cities. Councilman Jones thanked Mr. Henderson for being here and they're looking at establishing a better relationship. He pointed out they're a part of the County the same as the City and it's important they be there and listen to other areas and their problems and see how to resolve problems. He said without a voice, eventually they won't be heard. He said they need to be a part of this program and get i nvo 1 ved wi th everyth i ng in the County, not just our concerns, and possibly down the road when welre in need they'll be there and he so moved. Councilperson Gillespie seconded the motion. Mayor Wessler read Resolution 90-R-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A IIJOINDER BY THE CITY OF EDGEWATER IN THE INTERLOCAL AGREEMENT CREATING AND GOVERNING THE HALIFAX REGIONAL WATER SUPPLY AUTHORITYII; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Henderson asked that they refer to the proper name of Volusia City County Regional Water Supply Authority. Councilman Jones so moved. Council- person Gillespie seconded the motion as corrected. Councilman Hays stated he received information from Mr. Alvarez this afternoon and was trying to digest it. He asked about item 4 regarding a weighted vote between entity members with little or no voice from small consumers. Mr. Henderson explained every other cooperative venture in the County has a weighted vote system and every vote to date on the Water Authority has been unanimous. He compared Edgewater's vote to Holly Hill and New Smyrna Beach. Councilman Hays stated he feels they should develop a IItrust mell attitude in dealing with the County and cities. Mr. Johnson stated he's been attending the Halifax Authority meetings for about 16 months and they've been very fair, problems were addressed, and he has no problem with a weighted vote. Motion CARRIED 5-0. Mr. Henderson suggested they designate a member and an alternate to the Board of Directors, which is typically the Mayor and City Manager or Utilities Director, or other City Commissioners in place of the Mayor. He stated they've been having regular meetings of the Mosquito Lagoon Committee and staff has attended but it would be nice to consider one of their members attend regularly as they'd find it beneficial. Councilperson Gillespie suggested they act on Mr. Henderson's recommendation of the Mayor and City Manager, if there's no objection, to be our official appointees to that. No objection was voiced. Res. 90-R-74 Establishing Citizens Council Advisory Committee to advise Council and act as liaison between citizens and Council - Mayor Wessler read Resolution 90-R-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING THE CITIZENS COUNCIL ADVISORY COMMITTEE TO ADVISE THE COUNCIL AND ACT AS A LIAISON BETWEEN THE CITIZENS AND THE CITY COUNCIL; PROVIDING FOR APPOINT- MENT, GOALS AND OBJECTIVES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Martin moved to adopt Resolution 90-R-74. Councilman Hays seconded the motion. Mayor Wessler asked the term of office and how many they want to appoint. Councilperson Gillespie suggested they incorporate the things under CLASP and since this was one of the Mayor's campaign programs, she could recommend something. Mayor Wessler suggested they appoint 7 members from different areas of expertise and then have Mr. Naill's CLASP be available to them to fall back on and call the people. Councilperson Gillespie suggested it be every two years, or as long as this Council sits. No Council member expressed objection. Mayor Wessler asked if they wanted to appoint someone 7 Council Regular Meeting Minutes December 17, 1990 ... ....." ORDINANCES. PUBLIC HEARINGS, AND RESOLUTIONS (Continued) First Reading: Res. 90-R-74 (Continued) from Council. Councilperson Gillespie replied no, they should come to Council. Mayor Wessler said they have meetings the first and third Mondays and she1d like available to this Committee the agenda when handed out to Council and they have their meeting on Thursday before the Council meetings and they'd have time to review it and can report. Motion CARRIED 5-0. Mayor Wessler called a recess at 8:17 p.m. She called the meeting back to order at 8:30 p.m. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS Second Reading:(Public Hearing) Councilperson Gillespie moved to reopen the meeting. Councilman Hays seconded the motion. Motion CARRIED 5-0. 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 establishing exemption procedures Charles Gebelein, 1730 Umbrella Tree, stated the problem with the procedure isn't recycling, they must do it, but he's seen programs throughout the U.S. start with great ideas that go for a month or up to 2 years and then fold up because there's no incentive to go into the program. He said the way this is designed, there's no incentive but there's an incentive to go out of it. He said if they recycle they should get a reduction in their rates and those that refuse should pay extra to have material taken to the landfill. He stated the program's doomed to failure because that's how it's worked in other communities. He suggested they restructure it and make it user friendly rather than user anti-friendly. Larrv Perkins asked if this was amended because they've been collecting tin and the agenda just says paper, glass and aluminum. Mayor Wessler asked Mr. Southard if he collects tin. Mr. Southard replied yes, and Public Works asked if within the terms of the contract held pick up tin cans and plastics and he decided to take tin cans the day of the program and plastics later in the program at no charge. Mr. Perkins said it doesn't say it on the agenda and he wants to make sure it's included. Mayor Wessler replied yes, beginning November 1. C. E. Clark, 1818 Evergreen Drive, stated he has mostly plastics and they don't pick it up and he put out his green box the first day and added a few more papers the third week and they went through and separated it and took out the sales circulars and TV guides and left them. He said he's been taking his papers to Guava for the bike path and if they can1t get the plastics picked up he doesn't see any reason to have it at all. Galen McClain, 3119 Queen Palm, stated he's recycled for more than 15 years and it's a way to help the environment and reduce production of aluminum and plastics and wishes they could have advanced techniques. He said he's disturbed about the recycling program because the recycler will skim the cream and leave the remainder to be disposed of by the City. He suggested any agreement should cover all materials and if a recycler wants the cream, he should keep the skim milk also or the City continue to collect and people can sort for recycling purposes. Leonard Southard, 210 Wildwood, said he's the contractor awarded the contract through bid proposal and the proposal said glass, aluminum cans and newspapers and that was the way the contract was bid and accepted. He said in his bid he said held take tin and plastics within the term of the contract at no cost to the City. He pointed out New Smyrna Beach is taking plastic and charges $1.84 because plastic is a losing commodity, and they'll charge to get rid of plastics. He said tin cans are 1 cent a pound but plastic requires a $25,000 baler and $30- $35 a bale lost revenue and they don't want to do it in the middle of a contract when they only have six months left. He explained if the City bales plastic it will go into the regular refuse and is compressed and won1t be a major problem at this point. He said they're to meet 30% mandates by 1995 and will meet it but they want him to provide plastics and he wasn't asked to bid plastics. He pointed out they have worked without a contract and the City owes him for several thousand dollars and he's hired 8 local people that live in Edgewater. He said aluminum cans are 25 cents a pound, glass is two cents, and they're losing money on newspapers and everything else. He explained if it weren't for curbside recycling, held close his recycling plant because they've buried the market. He requested money owed them and award the contract for three years or one year. 8 Council Regular Meeting Minutes December 17, 1990 '-' ".., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readin : Public Hearin (Continued) Ord. 90-0-37 Continued) Kaye Zecher, Fern Palm, stated she's gone to Guava for two years and they take everything and pay you for it and they seem to be making money. Council person Gillespie moved to close the publ ic hearing. Councilman Hays seconded the motion. Mayor Wessler stated that Mr. Southard said they owe him about $14,000 and she'd hope this never happens again that someone is working without a contract in our City. Mr. Johnson pointed out held agreed with it. Mayor Wessler stated she has a problem with his working without a contract. Mr. Johnson explained that Mr. Southard was willing to do it on his own and Mr. Castle had talked with the attorney about it. Mayor Wessler again stated nobody in the City should be doing anything without a contract. Motion CARRIED 5-0. Mayor Wessler read Ordinance 90-0-37 with the changes made at first reading regarding the credit of $1.60 provided they return their bin and provide their cert if i ed exempt i on form. AN ORD I NANCE OF THE CITY COUNC I L OF THE CITY OF EDGEWATER, 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. Council person Gi llespie moved they accept 90-0-37. Council person Martin seconded the motion. Councilman Hays reaffirmed they decided they'd bring it back and look at it again in about six months. Mr. Johnson agreed that's part of the minutes and they'll report in six months. Council person Gillespie requested a note be made on the reso 1 ut i on because someth i ng came up before and it d i dn I t show up on the resolution. Councilman Jones stated anytime they have a new system things are going to take place, it will take time to iron out the problems and concerns that recycling will bring to the City. He said he hopes the whole system will get better as the recyclables have to be more profitable because the market is being flooded and you canlt get a lot of money for the system. He added that with time and patience it will be successful and he urged citizens to bring in their exemptions but be sure the City's getting credit for the tonnage even though theylre not going to be in the program. Motion CARRIED 5-0. First Reading: * Res. 90-R-75 Authorizing City officials to execute contract with Southard Enterprises. Inc. for City.s recycling service (*Adopted after Ord. 90-0-37) Mayor Wessler read Resolution 90-R-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONTRACT BETWEEN THE CITY OF EDGEWATER, FLORIDA, AND SOUTHARD ENTERPRISES, INC. TO PROVIDE COLLECTION OF RECYCLABLE MATERIALS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved they adopt Resolution 90-R-75. Councilman Jones seconded the motion. Mr. Johnson pointed out the contractor has a problem with Article XXII, item 0, and has requested it be changed from "on or before April 1, 1991," to be on the anniversary of the contract, if it's one year, or held fulfill it if it were a 3 year contract. Councilperson Gillespie moved to amend this to start the plastics on the first anniversary of the contract. Mayor Wessler asked if held start the plastic at the anniversary, are they bound by the contract at the end of one year. Mr. Johnson explained it's a one year contract with two one-year renewals and automatically renewed unless there's a problem with the contract. Mayor Wessler asked if it will come back in a year. Mr. Johnson replied yes. Councilperson Gillespie stated the date is November 1, the date of starting service. Mr. Johnson said they were going to give it the date the contract's signed but it's up to Council. Mayor Wessler asked if he's paid since November 1. Mr. Johnson replied yes. Mayor Wessler stated that's when it should be. Councilman Hays seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Discussion on City Attorney.s contract and decision on course of action Mayor Wessler stated Mrs. Clayton called this evening and said she was unable to get hold of Mr. Alvarez's attorney last week to discuss anything and he faxed a request to table it and they'll have something by the end of the week and bring it up on the next regular Council meeting on January 7th. Councilman Hays stated they have had ample time to consider this as a Council and he understands the desire or reluctance to make a decision without the input from Ms. Clayton but it's their decision and he feels they need to move and take action on this and 9 Council Regular Meeting Minutes December 17, 1990 ...." ...., UNFINISHED BUSINESS (Continued) Discussion on City Attorney's contract and decision on course of action (Cont'd) get on with the duties before them and by delaying this action theylre delaying other City business that needs to be attended to. He again moved they advertise for a new City Attorney. Councilperson Gillespie seconded the motion if it's amended to full time. Councilman Hays agreed to amend it to full time. Mayor Wessler said it would be to release Mr. Alvarez from his contract so they can look for a full time attorney. Councilman Jones said regarding hiring a full time attorney, Edgewater will need one some time but he's cautious until they get through the budget if they're financially able to do something in that area to bind citizens on a full time attorney because it will be a lot of money and he's not for that. He said he feels as Mr. Hays does that held like to get on with business, but they'd made an agreement with the two attorneys and he hopes they won I t keep the meter running because they should have put a cap on discussing Mr. Alvarezls contract. He said he thinks they need to wait and see what Mrs. Clayton comes up with and see if they can get something done at the next meeting. Mayor Wessler explained they only charge by the hour and donlt keep the meter running. Councilman Jones expressed concern with how many hours shelll work on it. Mayor Wessler stated that one of the problems now is trusting the attorney. Motion CARRIED 4-1. Councilman Jones voted NO. Councilperson Martin explained she voted yes because she advocated a full time attorney two years ago. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez was excused from this meeting. City Manaaer - Mr. Johnson had no report at this time. City Council - Councilman Jones thanked everyone for attending, saying he'll continue to thank them and hopes as things are getting more into motion as a Council he feels they're more at ease and are getting more familiar with the process and meetings will go smoother. He said he appreciates their patience and feels they're heading in the right direction. Councilperson Martin stated that during her 13 years on 3 boards, each time a new Council was elected she was required to reapply for a position on the board she was on and she thinks they should ask the present board members to reapply and any other new members that would like to be on the board and she so moved. Councilperson Gillespie seconded the motion. Councilman Hays asked if it1s all existing boards. Councilperson Martin replied yes. Mayor Wessler asked about ad hoc committees that were appointed. Councilperson Martin replied yes. She added that Council has to review all board members and decide if they put them back on or bring in new members. Councilperson Gillespie said she talked to the City Clerk about Resolution 81-R-5 and they couldn't find where it was repealed and it says no member serves on more than one board and no relative serves. Mayor Wessler pointed out they can see that takes place when they re-interview. Councilman Jones stated this doesn1t take them off the board, it's just a new application because they have terms to meet. Mayor Wessler said if there are family members or serving on two boards, they'll rearrange it. Motion CARRIED 5-0. Councilperson Martin spoke on the irresponsible use of City equipment regarding the fire engines and when the previous Council was questioned, the City Manager explained other cities do it. She asked which cities and when do we follow other cities' actions. She said he explained having a truck on the road made it more available in case of a fire and she's never heard of lateness in getting to a fire in the 15 years she's lived here. She said joy riding allover town was witnessed and if they were on Indian River Boulevard and a signal came for the north end, does the truck sprout wings? She pointed out it I S not a 6 or 8 cylinder engine and a diesel fuel engine isn't a cheap substitute. She explained if there were an accident, there would be costs of replacing parts and losing use of the veh i c 1 e and i ncreas i ng insurance premi ums. She stated any City Manager's job is to get the most out of their tax dollar and she doesn't think this is a responsible use of a public vehicle and she1d like a report on this mileage and gas consumption since the practice was put into being. She strongly suggested the practice be discontinued. 10 Council Regular Meeting Minutes December 17, 1990 "'- ~ COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie stated she had 10 items but 2 have been covered. She read her list: natural gas service west of the railroad, it's necessary to have some sort of figures on potential customers before the gas company could possibly consider bringing lines under the railroad and this was brought to the City Council in past and shels bringing it up again; stormwater resolution, she's requested Council review and address vacant land no charge; Christmas decorations and lack thereof, she spoke to Mr. Corder in the Rec Department and he's tried in the past to offer information on lease option because of storage problems, equipment to install decorations, repair and maintenance, and manpower costs and purchasing, and perhaps they may want him to make a cost effective study by March for further consideration in the 1991 budget; Cablevision information was provided to Council and Mr. Johnson put this on a January 7th agenda and she'd like Mr. Bevis to be here from Cablevision; regarding the State-required study from Greeley Hansen Engineering, it cost the City $17,970.50 and was paid in full; for those asking about cost of Alan Thomas Water Plant, subject to bids received, will be $4.7 million; on the City newspaper, they've looked at several options and methods to address costs and they were promised one two years ago and all suggestions are welcome; speed limit on 30th and Park, Mr. Johnson has worked on it with her and will have a report from Chief Schumaker and Gates Castle at the second meeting in January. Councilman Hays stated for those contacting him regarding the street light fee that had an ordinance which was repealed, he's asking it be put on the agenda in the near future to discuss it. He explained the questions were, how much paid in, where did it go, and where are the street 1 i ghts, and they need to be prepared to answer these questions. Councilman Hays stated they were given information at the last meeting regarding the disconnecting of utility services to rentals due to landlord's non payment and held like to see that come before them for discussion also. He said he hopes they're not shutting off utilities because the landlord didn't pay it. Mr. Johnson suggested they settle something with the attorney first because it affects the revenue and the bonding and there are some outstanding things that could be affected by it. He suggested they talk with the attorney when they get one on board. Mayor Wessler stated at the last meeting she asked Mr. Johnson to check into recyclable paper and City Hall using it. Mr. Johnson replied recycled paper cannot be used in a copy machine and much recycled paper is 2-3 times the cost of regular paper, but they're recycling everything they do now. He said they haven't found where it's feasible. Mayor Wessler said she thought they were using it in Brevard County in the copiers. Mr. Johnson said the machines will not guarantee the equipment at the present time. Mayor Wessler asked he check it further and bring a price back. Mayor Wessler asked Mr. Johnson to direct the Parks and Recreation Board or whoever's in charge of it to look into a Christmas Parade for our City. She said she'd like Christmas lights across U.S. 1. Mayor Wessler stated she'd gone in to talk to Mr. Johnson about space in City Hall and he wasn't there today and she looked at Whistle Stop Park and at City Hall. She said she spoke to Jack since the City Manager wasn't there and she'd like Council to move the two people in Parks and Recreation to Whistle Stop Park and they're willing to work there and have the City Council an office where Parks and Recreation is now. Councilman Hays moved they do that. Councilperson Gillespie seconded the motion. Mr. Johnson asked about furniture. Mayor Wessler stated they just saved money elsewhere. Mr. Johnson sa i d he doesn I t have a problem with the Mayor1s having an office in City Hall but regarding the comment about $40,000, they didn't plan to build that building until the park was in the City.s name. He said it's fine for his staff to talk with them but according to the Charter there's ways to go about it and he was available by telephone and could have been reached. Mayor Wessler explained he was home and she didn't want to disturb him while he was ill. Mr. Johnson stated he's given responsibility for staff and if that's what they're going to do, he'll do what they tell him to do. He said he doesn't think it's right to put them there but it's Council's decision. Motion CARRIED 4-1. Councilman Jones voted NO. 11 Council Regular Meeting Minutes December 17, 1990 " " ..... ...... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Mayor Wessler stated she'd like to have the platform carpeted and get a skirt for the front of the table. Mayor Wessler pointed out the $48,000 for the Parks and Recreation building comes out of the impact fees and it's no cost to them and doesn't come out of their budget. Councilperson Gillespie said she was aware of that. QUESTIONS FROM PRESS Mark Miller, News Journal, asked if the intent of the vote to release Mr. Alvarez from his contract is as of tonight. Mayor Wessler replied yes. Mr. Miller asked if they'll pay him the full amount of his retainer, and if not, how do they intend to settle with him. Mayor Wessler replied she doesn't think they have to pay him for the retainer for the remainder of his contract and she doesn't think they owe Mr. Alvarez anything. She said he's had a long, happy career here and she'd hope they could give him a letter of recommendation and wish him fare- well, and they'll discuss it amongst Council if comes down to paying Mr. Alvarez. CITIZEN COMMENTS George Naill, 1604 Royal Palm, stated on Resolution 90-R-74 with the advisory commi ttee he re iterated Mrs. Gill esp ie's not i ng of the 1981 reso 1 ut i on that restricts membership of the committee to one per person. He pointed out with this as an advisory committee they could run into conflict if anyone is involved in any other board because the issues they may be advising them on may be contrary to what a board submits as a recommendation. Bob Garthwaite, 10 Lee Drive, stated regarding Resolution 90-R-74, people to be appointed will have a lot of influence on this Council. He asked if they have to make a full financial disclosure as on other boards. Mayor Wessler said she doesn't see why not. Mr. Garthwaite said he was on boards quite a few years also and he never resubmitted for a position on a board when a new Council came in except the one time when Board of Adjustments was disbanded and LDRA came into being. He noted that some time ago a Council did away with Planning and Zoning Boards and re-adjusted them and put their own people on and he hopes that doesn't happen. He asked if they're requesting everyone to resign. Mayor Wessler replied no, just resubmit and update the application. Norm Billups stated they must get on the Charter review immediately and it will tend to have a soothing affect on the operation of the City. He said the Charter must cover all eventualities they discussed in the past and those they've seen examples of in the past and they must have one of the tightest ethics revisions they possibly can. He said if a Charter Review Board of new people were appointed and got on it right away they should have a new Charter in two months. George Ewing, 2923 Royal Palm, asked since they have such a water problem, who enforces sprinkler systems and car washings in the City and who has responsibility, Code Enforcement or Police. Mayor Wessler replied she thinks it's both. Mr. Ewing said with the critical water problem they should have strict enforcement and he tries to observe it and everyone in the community should observe it. Ron Ferland, Project Manager from Dyer, Riddle, Mills & Precourt, stated there's been confusion regarding the water plant and the wetlands permit and whether it was required or not. He said he received a letter from Reverend Vath relating to this. He explained Volusia County enacted a wetlands protection ordinance in December, 1989, and there are two aspects, one is residential lot development and the other is large scale developments and the water plant comes under large scale. He added when they got their development order they met the wetlands protection requirements and had the wetlands review conducted. He explained the confusion is because of the difference with the residential requirements and they1re in the position to move and the wetlands issue has been taken care of. Mr. Ferland reaffirmed his commitment to provide the City with any information and give it to them in a manner as simple and as understandable as possible, and to give them the financial reports as concise as possible so that wherever they live you know the impact of all CIP financing to them as rate payers and taxpayers and possibly special assessment payers. He said he'll do it as soon as possible because the City needs to maintain their direction and forward progress to remain accessible to low interest money available to them for the wastewater program. 12 Council Regular Meeting Minutes December 17, 1990 . ..... -- Mayor Wessler stated they're closing City Hall on Friday at noon and have off on the week-end and then come back Monday and are off Tuesday. She asked if they can close Monday. There was brief discussion and Mr. Johnson said he doesn't have a problem with it and in the past anything over the set holidays has been granted by Council. Mayor Wessler asked about one day before Christmas and one- half day before New Year's. Council person Gillespie moved as she stated. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler asked that the Charter Review Committee to get into gear with it and disbanding of the CIP Committee be on the next meeting. Councilperson Gillespie asked if employees that don't go to the Christmas party get time off or do they have to go to the party. Mr. Johnson replied the rule is if you don1t go to the Christmas party, you stay at the work station. Councilperson Martin asked if it's going to be held at the barn and why they can't use the Community Center. Mr. Johnson replied there's a function in there that day and they're setting up. Council person Martin stated the employees deserve a little better than that. Mayor Wessler agreed, adding they'll look into getting them that next Christmas. ADJOURN Councilperson Gillespie moved to adjourn. Councilman Hays seconded the motion. Meeting was adjourned at 9:24 p.m. Minutes submitted by: Lura Sue Koser fAv"'...,;- I ATTEST: f) '1/ -----' ~fI..tf~/~ CITY CLERK' ApPloved th i s 7 day of ,.Jo/ ' 199~. ~y~~~\~\~~~ 13 Council Regular Meeting Minutes December 17, 1990