08-30-1989 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 30, 1989
MINUTES
CALL TO ORDER
Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center.
ROLL CALL
Mayor David Mitchum
Councilman Danny Hatfield
Councilwoman Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Josel Alvarez
City Manager Elly Johnson
Acting City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Harvey Hardin, retired Methodist minister, delivered the invocation.
There was a pledge of allegiance to the Flag.
CITIZEN COMMENTS
John McGreaor, 112 N. Ridgewood, Edgewater Rentall, stated that Lynne Plaskett
explained that in 1974 the City adopted the setbacks and in his case setbacks
amount to 55% of his land which he considers to be unfair. He said until now
he had reasonable use of his private property which he considers to be taken by
the City in the present ordinance regarding displays. He added that the display
and storage ordinance further reduces his land so that he can't build or display
or use it for storage. He said the only use Lynne Plaskett indicated he has of
that land is for parking, but parking only for customers, and not for his own
vehicles and he has 26 different vehicles. He referred to a memo held seen from
former City Manager Dennis Kelly to the Mayor and Council which indicated
outright ban of certain uses quite often raises certain questions in terms of
legality. He advised Council he intends to challenge that legality and has taken
on an attorney. Mayor Mitchum suggested he meet with the City Attorney and added
that the ordinance wasn't intended to present any hardship on anybody and this
may be a special case and an exception. Mr. McGregor said he doesn't want an
exemption and he represents the business community of Edgewater. He agreed to
meet with City Attorney Alvarez.
Dom Fazzone expressed his concern regarding the CIP meeting recently held. He
read from a letter held sent to the News Observer Editor regarding lack of input
from the citizens while all the meetings and workshops were held on the CIP.
John Finch, 2230 Umbrella Tree, asked if they have to foot the bill for the sewer
situation in Florida Shores while others don't. He said his bill with four lots
will run $44 a month plus with water and trash, it will be $60. He stated he's
on a limited income and this is a hardship. He noted the landlords will pass
the extra charges to their tenants. He referred to the amount of money taken away
from the local economy. He asked that they have a vote of yes or no for the
system and not just to pick the type of system.
Ray Davis, 2632 Woodland Drive, stated he lives on a corner lot and has four lots
and the CIP will cost about $95 a month in assessment fees plus a monthly service
fee of $60. He said his family will have to suffer if he has to pay an extra
$150 a month for City services. He urged Council to vote for a referendum and
limit it to those people affected by the proposed CIP. He suggested if Council
decides to go through with the CIP, they could scale it down to just what is
necessary, but not unnecessary items, such as paving. He said their taxes have
gone to pay for road paving for all those year and a lot was done on the East
side of U.S.l and the City paid for it. He asked if held be the owner of the
road if he has to pay for it. Mr. Johnson explained the paving that was recently
done was by the County Community Block Grant funding and not by the City. There
was discussion regarding paving with assessments and resurfacing.
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CITIZEN COMMENTS (Continued)
Frank Roe, 2732 Juniper Drive, stated he attended a lot of meetings and Council
never takes his suggestions, but when people are really concerned, they'll
attend. He said two years ago the engineers outlined the Florida Shores project
and he asked if they could enlarge the plant and they said yes. He said they
also told him they could expand the sewer plant but now they need a new plant.
He said growth is the reason for this and people in Florida Shores shouldn't be
penalized when previous Council didn't proceed with their plans. He added it
went from $13 million to $33 million and doesn't include roads.
Bill Smith, 2629 Victory Palm, asked how long the septic system will work. He
said the engineer told them it will last 20 years and that's how long the fin-
ancing will run. Mr. Ferland explained the 20 year bond program and depreciation
of assets and replacement schedules. Mr. Smith asked if the engineers will sign
an agreement to pay for any costs incurred and if they'll guarantee them for 20
years.
AU-Haul Companv representative, 3500 South Orange, Orlando, expressed concern
with the elimination of major advertising on his trucks, some 12 foot high, due
to the ordinance which doesn't permit it above the height of fence. He said U-
Haul has spent $1 billion dollars in trucks and he can't display the equipment.
He asked if something can be done because if he can't display, he might as well
not be in Edgewater. He noted people will have to go out of town for a truck
or equipment when they move and it's inconvenient to them.
Frank Hoffmeister, 2524 Pine Tree Drive, asked if they're going too fast on the
CIP, especially the sewer. He said it appears no pressure has been put on by
the Health Department to put sewers in immediately and they should wait to see
if they can obtain grants from the State or County to cut these monthly payments
that a lot of people cannot afford. He suggested that instead of special
assessment they finance through general obligation bonds that run 30 years to
lower the payments. He said with 30 year bonds and 4,000 homes, it1s $525 annual
payment, and as they have more growth, they would have lower payments. Mayor
Mitchum explained the $525 a year includes $300 as a user fee which everyone in
the City pays each month for sewage treatment and $225 is the only annual cost
and you can't finance the user fee. Mr. Hoffmeister asked if the old section
has it also and Mayor Mitchum replied yes.
Bill Dav, 3232 Queen Palm, stated Fred Munoz gave him a breakdown of the sewer
system and he has a copy of the 201 Facilities Plan. He said figures include
the purchase of property in excess of $500,000 and the 201 Plan indicates there
will be no land acquisition costs. Mayor Mitchum explained the land acquisition
is for the water treatment plant, not for sewer. Mr. Day stated the total cost
will be paid by homeowners of Florida Shores. Mayor Mitchum explained it's as
a user fee and has nothing to do with assessments. Mr. Day said he's not against
low pressure if the engineering firm will put up a bond guaranteeing it will
work. He asked why engineers determine total costs and how it will be financed
as they should have an outside firm determine how to assure total costs to
homeowners far less than is quoted.
CONSENT AGENDA
There were no items on the consent agenda.
NEW BUSINESS
Commendation for Fire personnel from Sheriff Bob Vogel for assistance Julv 1,
1989, in apprehending a suspect - Mr. Pat DiLeva, Safety Director, read the
letter from Sheriff Vogel to Fire Chief Larry Carson, who commended Robert
Iasimone, Kevin Williams, Brian Williams, Danny Taylor, Barry Campbell, and
Brian Foster. He then introduced Sheriff Vogel who presented Certificates of
Appreciation for the firemen involved.
City of Edgewater Capital Improvement Program referendum - Mr. Johnson stated
that at the Wednesday Workshop Council asked this item be put on the agenda.
Councilman Gold stated he's in favor of the referendum if all citizens have the
opportunity to vote but denying a right to vote would be unfair if they have to
contribute to it. He said he understands everyone will be expected to pay with
a possible increase of 25% on the sewer bill and he expects to vote. He added
held be willing to give them a choice on which system they want and if they want
a paved street.
2 Council Regular Meeting Minutes
August 30, 1989
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NEW BUSINESS (Continued)
City of Edgewater Capital Improvement Program referendum (Continued)
Councilman Hatfield agreed with Councilman Gold, pointing out not everyone in
Florida Shores or outside Florida Shores has a sewer or paved street and he has
neither and would like the right to vote if they go to a referendum. He said
he felt they went with what would be best for the City as a whole to provide a
service for a much lower cost than was expected. He said he feels what they went
with is the best system and is willing to put it to the voters to stop any
indecision.
Councilwoman Bennington stated she has no problem with a referendum and agrees
with Councilmen Gold and Hatfield that the entire City should be able to vote
on the issue. She pointed out that a lot of people who don't live in Florida
Shores do own property and they should have the right to say what they want.
She referred to the misinformation with incorrect figures. She briefly reviewed
the septic tank placements so high above the crown of the road, and noted most
newer houses already have pumps in the septic systems because drain fields are
so far away.
Councilman Fish agreed they need to put it before the people to give them a
chance to speak on whether they want a gravity or low pressure system. He said
they need the system and the longer they put it off, the more expensive it will
be.
Mayor Mitchum concurred with Council and said he's in favor of supporting a
referendum and the program they propose should be before the voter. He also
stated he's in favor of the low pressure system. He stated the Wetlands
Ordinance tells them they can't discharge effluent in the Indian River because
of contamination from septic tanks and the County Health Department didn't come
in and say they have to put sewers in Florida Shores but it's a possibility they
will come in and say we cannot build more in Florida Shores. He asked the people
to keep an open mind and attend meetings and not block out anything and weigh
a 11 the facts.
Mr. Johnson suggested that Ron Ferland of Dyer, Riddle, Mills & Precourt, read
a section of his letter into the records.
Mr. Ferland stated it's a letter describing the various projects based on their
research and the history of the CIP and trying to delineate why these projects
are required. He read the following:
liThe City's existing 1.0 MGD wastewater treatment plant is a secondary treatment
facility (no nutrient removal) which discharges to the Indian River. The plant
currently has operating permits from the Florida Department of Environmental
Regulation (FDER) which expires February 28, 1990 (Permit No. 0064-99199) and
the United States Environmental Protection Agency (USEPA) which expires on August
31, 1990 (Permit No. FL002l431). While an expansion to the City's treatment
plant will be required to meet the increased flow from providing central sewers
in Florida Shores, the discussion that follows deals exclusively with the treat-
ment plant upgrade required to bring the plant into compliance with existing
state and federal regulations. It is important to note that the plant upgrade
will be required even without the installation of central sewers in Florida
Shores.
Pursuant to Chapter 17-6.060(3)(a), Florida Administrative Code, wastewater
facilities which discharge to a surface water body, such as the Indian River,
are required to determine water quality based effluent limits (WQBEL). The WQBEL
dictates the level of treatment required for continued discharge to the surface
water such that the water body's water quality is not degraded by the plant's
discharge. The FDER has initiated the required water quality studies and
computer-assisted modelling activities to determine the level of treatment
required for the City to continue discharging to the Indian River. Based on
preliminary discussions with the FDER and the experience of other nearby simil-
arly sized wastewater facilities discharging to surface waters (i.e., Titusville,
Daytona Beach), it can be safety assumed that some degree of advanced waste
treatment (i.e., nutrient removal) will be required for renewal of the City's
FDER and EPA operation permits. This conclusion is further strengthened by the
designation of the Indian River and Mosquito Lagoon water bodies for restoration
and preservation pursuant to the Surface Water and Improvement Management (SWIM)
Act of 1987 (Chapter 87-97, Laws of Florida).
3 Council Regular Meeting Minutes
August 30, 1989
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NEW BUSINESS (Continued)
City of Edaewater Capital Improvements Proaram referendum (Continued)
In the St. Johns River Water Management District's SWIM Plan for the Indian River
Lagoon (July, 1989) a stated primary objective is to "decrease inputs of excess-
ive amounts of nutrient inflows from point and non-point sources". As you may
recall, the recently completed 201 Facilities Plan determined that continued
discharge to the Indian River, even at advanced treatment levels, was the most
cost-effective, and technological and environmentally feasible effluent disposal
alternative available.
A second regulatory mandate which the City will need to address at the time of
permit renewal is related to the plant's discharge being within 24 hour travel
time of Class II shellfish harvesting waters. Chapter 17-6.080(1)(e) Florida
Admi n i strat i ve Code (F AC) requ i res that plants whose discharge is with i n 24
hours travel time of Class II waters have (in addition to meeting the plant's
WQBEL): *C1ass I reliability (redundant facilities, i.e., two clarifiers, two
aeration basins, etc.); *Intermediate level disinfection; *Effluent storage
capacity equal to the design maximum daily flow multiplied by the sum of the
number of full days per week an operator is not on site plan an additional 24
hours period (3 days based on Edgewater's current operation).
Lastly, the City's current consumptive use permit (SJRWMD Application #2-127-
0513 AUG M2) for the City's water supply wellfie1d requires that the City must
reuse a minimum of 40,000 GPO of wastewater effluent for green space irrigation.
In order to accomplish this requirement and meet public access reuse regulations
(Chapter 17-610 FAC), filtration facilities must be added to the plant in
addition to the upgraded facilities described above.
In summary, even if the City's wastewater plant is not expanded it will need to
be upgraded to come into compliance with existing regulations as follows: 1. Some
degree of advanced treatment (i.e., nutrient and solids removal) as determined
by the FDER's water quality based effluent limit (WQBEL)(Chapter 17-6.060(3)(a)
(SWIM Act - Chapter 87-97, Laws of Florida). 2. Treatment process unit con-
struction and upgrade due to effluent discharge within 24 hour travel time of
Class II, Shellfish harvesting waters, including: a. Redundant process units
(i.e., clarifier) to meet Class I reliability; b. Intermediate level
disinfection; c. Effluent storage facilities. (Chapter 17-6.080(1)(e),FAC).
3. Wastewater filtration and piping systems to provide at least 40,000 GPO of
effluent reuse for greenspace irrigation (CUP Application No.2-127-0513 AUG M2,
Chapter 40C-2, FAC).
FLORIDA SHORES CENTRAL SEWER SYSTEM. Due to high groundwater conditions, unfav-
orable soil conditions and increasing residential densities, septic tank drain-
field failures and the introduction of inadequately treated sewage into the
area's groundwater and surface water bodies has resulted in significant public
health and environmental hazards. These hazards have been documented by the
Vo1usia County Health Department, the Mosquito Lagoon Watershed Action Committee
(an inter-governmental coordination group of the Indian River Lagoon Surface
Water Improvement and Management (SWIM program) and DRMP in an engineering report
titled IIFlorida Shores Wastewater Collection System Study", May, 1987. The
primary conclusion reached is that groundwater and surface waters are being
degraded by the movement of partially treated sewage from failing and/or inade-
quately designed septic tank drainfield systems to the drainage ditches, canals
and lakes in Florida Shores, which in turn, discharge to the Mosquito Lagoon
water body which is designated a Class II water used for shellfish propagation
and harvesting. Sampling results indicate that the levels of fecal coliform,
indicators of human sewage, in the Florida shores drainage facilities are far
in excess of the maximum levels allowed in Chapter 17-3, FAC water quality
standards. The regulatory standard for fecal coliform concentration in shellfish
waters is 14 colonies/l00 ml sample of water (Chapter 17-3.111(3), FAC). Sample
results from the Florida Shores drainage canals conducted in May, 1987, had fecal
coliform levels ranging from 0 colonies/l00 m1 to 140 colonies/l00 m1 with an
arithmetic average level of 63 colonies/l00 ml. Fecal coliform contamination
to shellfish harvesting waters can result in a ban to harvesting shellfish due
to the high potential for spreading illness and disease if eaten.
Another public health hazard identified occurs during medium to high rainfall
periods when the water table rises and septic tank effluent flows rise to the
surface rather than permeating through the soil. This condition can result in
the potential for contracting illness or disease through direct contact with the
4 Council Regular Meeting Minutes
August 30, 1989
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NEW BUSINESS (Continued)
City of Edaewater Capital Improvement Proaram referendum (Continued)
sewage, nuisance odors throughout the neighborhood, the increased potential for
the transmission of illness and disease by insect populations (i.e., flies and
mosquitoes), and damage to homes due to the backup of sanitary facilities.
In 1985, new septic tank regulations, Chapter 10D-6, FAC, required that all new
septic drainfield systems be a minimum of 24 inches above the water table
elevation at the wettest season of the year. The implementation of these
regulations has resulted in site by site evaluations of lots in Florida Shores
to determine household floor slab elevations. Because of the high water table
and underlying hard pan, a large number of lots have had to be filled and have
mounded drainfields. These requirements create the following concerns: 1. It
is costly to fill an entire site to raise the lot elevation an additional two
feeti 2. Where new lots are adjacent to older residences constructed prior to
the Health Department's fill requirements, the new lots drainage and laterally
flowing groundwater (containing septic tank effluent) flows toward the lower lot,
thereby worsening existing wet conditions and septic drainfield failures in the
lower lotsi 3. As residential density increases, water table elevations will also
increase requiring additional fill to new lots. Additionally, flooding
conditions to lower elevation lots and the resulting septic tank drainfield
failures will also increasei 4. The appearance of lots of different elevations
throughout the area is considered unattractive and undesirable by the neighbor-
hood residents.
With regard to the increasing pollutant load to Mosquito Lagoon, the Volusia
County Council, pursuant to their home rule charter authority, has initiated
enactment of minimum environmental standard regulations. To date, they have
enacted minimum standards for stormwater management, preservation of Class II
waters in Mosquito Lagoon and wetlands preservation which provide for the County
to take enforcement action inside the City's jurisdictional boundaries. Due to
the documented pollution hazards to Mosquito Lagoon identified as resulting from
Florida Shores, it appears to be imminent that they could mandate corrective
actions be taken sometime in the near future. One obvious action that they or
the health department could take as an interim measure is the imposition of a
building moratorium in Florida Shores until a solution to the pollution and
public health problem identified is taken. As you know, the County is currently
in the planning stages of providing central sewer and water facilities in South-
east Volusia County in an effort to el iminate septic tank discharges into
Mosquito Lagoon from the existing residential developments along U.S. 1 south
to Edgewater.
It should be noted that the City has been determined eligible to receive a low
interest loan of 4% plus/minus from the FDER State Revolving Fund (SRF) program
(formerly the Wastewater Construction Grants program) based on the elimination
of a documented public health hazard associated with septic tank failures in
Florida Shores. Should the City forego providing central sewers in Florida
Shores, then the City's ranking for eligibility for the treatment plant upgrade
projects as discussed earlier, will drop significantly since it will not be
eliminating the public health hazard. Therefore, without the Florida Shores
sewer project it is extremely doubtful that the City would be eligible to obtain
a low interest loan from the SRF program to provide only the treatment plant
improvements.
In summary, the City should proceed with providing central sewers in the Florida
Shores development in order to: 1. Eliminate the public health and environ-
mental hazards posed by septic tank systems constructed in unsuitable soils.
2. Eliminate the need to add two feet of fill to building sites as required by
current health department regulations for septic tank systems. 3. Alleviate
the lower lot flooding conditions and the subsequent inability to use the homes
sanitary facilities due to septic tank drainfield failures. 4. Eliminate the
potential for a possible imposition of a building moratorium due to unacceptable
septic tank densities. 5. Preserve the City's eligibility to obtain a low
interest loan (4% plus/minus interest) from the FDER State Revolving Loan Fund
program. II
Councilman Fish stated that on Monday, August 28th, they went to the County
Council Workshop regarding the Water and Wastewater Master Plan presented by
Marshall, McCulley and one of the items was the need to remove septic tanks in
the coastal areas, not just from Florida Shores, and it was pointed out testing
5 Council Regular Meeting Minutes
August 30, 1989
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NEW BUSINESS (Continued)
City of Edgewater Capital Improvement Program referendum (Continued)
was done with a dye flushed down a toilet in a septic system and it showed up
in the Indian River. He said the County was concerned with the water quality
at New Smyrna Beach and on down the River. He said they saw a marked decrease
in quality at about the North City limits of Edgewater which continued South of
the City limits. He added the County proposed a Water and Wastewater Plan that
would be extended to the southern boundary and catch the southern 180 area in
our customer base. He said the County wanted to provide water and wastewater
to Oak Hill but it was pointed out Oak Hill couldn't provide their own and they
wanted to use places such as Terra Mar, Hacienda Del Rio, and Cory Estates that
are in our 180 to subsidize the City of Oak Hill. He pointed out the City
anticipated those customers to spread out our customer base and not to subsidize
it and it wonlt have as much an impact on the customers. He referred to comments
made by the City's County representative regarding the effluent discharge to be
run inland and to use spray irrigation, with no sympathy that people living near
the water would have to pay more.
Councilman Hatfield asked how quickly they can go to referendum. City Attorney
Alvarez replied a standard special election takes 60 to 90 days if itls City-
wide and it depends on the number of questions and complexity of the ballot and
if it1s an election or an expression of citizens sentiment on a special issue.
He asked the cost and Acting City Clerk Wadsworth replied about $5,000.
Councilman Fish stated the main question is if they want a low pressure or
gravity system because almost everyone he spoke with is in favor of a sewer.
Council-woman Bennington stated there are several questions they need to address
and they could have a general election or mail ballots and they have to decide
how they'll word it.
Councilman Gold stated hels had a lot of questions about road paving and if they
had a choice between systems. Councilman Hatfield stated that would be all held
want to see, the either/or on the sewer and on the roads and he so moved.
Councilman Gold moved they have a referendum City-wide and the questions on the
referendum are, do they want the low pressure system or the gravity system, and
do they want roads paved or unpaved? Councilman Hatfield seconded the motion.
Motion CARRIED 5-0.
Mayor Mitchum called a 5-minute recess at 8:16 p.m. He called the meeting back
to order at 8:28 p.m.
Request for Council concurrence to appoint Jack Corder as Recreation Director/
Buildings & Grounds Maintenance Superintendent - Mr. Johnson requested concurr-
ence for his appo i ntment of Jack Corder. Counc ilwoman Benn i ngton so moved.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
Parks & Recreation Board recommendation to increase fees for Community Center
and Shuffleboard facilities by 14-16% - Mr. Johnson stated they received a
recommendation from the Parks & Recreation Board regarding an increase in fees
and Council received copies of the old and new figures. He recommended the new
fee schedule be adopted by Council. Councilman Gold moved they accept the
recommendation for these changes. Councilwoman Bennington seconded the motion.
Motion CARRIED 5-0.
Parks & Recreation Department1s recommendation on bids for playground equipment
at Whistle Stop Park - Mr. Johnson sated they received six bids and itls
recommended the bid be awarded to Dominica in the amount of $9,890 which is in
the budgeted amount. He added they hope to have it installed by the middle of
October. Councilman Hatfield moved they accept the City Managerls recommen-
dation. Councilman Fish seconded the motion. Motion CARRIED 5-0.
Request to proceed with land acquisition on Canal Road for neighborhood park
using Community Development Block Grant funds - Mr. Johnson stated the Acting
Planning/Zoning Director has requested they proceed with the project and all
they need is approval by Council to proceed with the project. He noted it1s off
Oak Ridge and there are funds for the development of that park also. Councilman
Hatfield moved they accept the City Manager's recommendation and go ahead and
purchase the property. Counc ilwoman Benn i ngton seconded the mot i on. Mot i on
CARRIED 5-0.
6 Council Regular Meeting Minutes
August 30, 1989
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NEW BUSINESS (Continued)
Mayor Mitchum suggested they move the item under 6.D. up to this point on the
agenda also since it is a part of the next item. No Council member objected.
Over, Riddle, Mills & Precourt. Inc. engineering proposal for services to conduct
a water and wastewater rate and charge studv at cost of $15,000 and Res. 89-R-
63 Engineering proposal for services to conduct a water and wastewater rate and
charge studv at cost of $15,000 - Mr. Johnson stated this is the study required
to go ahead with the financing of the CIP and the impact fees and it's been
reviewed by the City Attorney. He recommended they approve it. City Attorney
Alvarez read the Resolution. Res. 89-R-63 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY
OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT NO. 1989-13, IIENGINEERING SERVICES
ASSOCIATED WITH CONDUCTING A WATER AND WASTEWATER RATE AND CHARGE STUDY FOR THE
CITY OF EDGEWATER II WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counci lman
Fish moved they approve 89-R-63. Councilman Hatfield seconded the motion.
Motion CARRIED 5-0.
Over, Riddle, Mills & Precourt, Inc. engineerina proposal for services related
to paving and drainage improvements to Turgot Avenue and Res. 89-R-61 Engineering
agreement amendment for services related to paving and drainage improvements to
Turgot Avenue - Mr. Johnson stated this is the report at the request of Council
regarding engineering for paving and drainage for Turgot Avenue and he recommends
the contract be signed at a cost of $7,300. City Attorney Alvarez read this
Resolution. Res. 89-R-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF
EDGEWATER, TO EXECUTE AMENDMENT NO. 1989-11 IIENGINEERING SERVICES ASSOCIATED
WITH DESIGN AND CONSTRUCTION ADMINISTRATION OF THE TURGOT AVENUE IMPROVEMENTS
FOR THE CITY OF EDGEWATERII WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Councilwoman Bennington moved they adopt Resolution 89-R-6l. Councilman Fish
seconded the motion. Motion CARRIED 5-0.
Resolution of support for law. ordinance, or amendment to protect and keep the
United States Flag and Res. 89-R-64 declaring support for law. ordinance or
amendment to protect and keep the United States Flag - Mr. Johnson stated this
was requested by Volusia League of Municipalities and Florida League of Cities
to support protection against burning of the Flag and several cities have adopted
it. City Attorney Alvarez read the Resolution. Res. 89-R-64 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING SUPPORT FOR A
SUITABLE LAW, ORDINANCE, OR AMENDMENT TO PROTECT AND KEEP THE FLAG OF THE UNITED
STATES OF AMERICA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING
FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 89-R-64. Councilman
Hatfield seconded the motion. Motion CARRIED 5-0.
Budget amendment for computer and software purchase in amount of $66,000 and Ord.
89-0-23 Amendment to budGet for computer and software purchase in amount of
~66,000 - Mr. Johnson stated when the City borrowed the money to purchase the
computer system, it wasn't in the budget and this will amend the budget to
reflect this and he recommended the ordinance be adopted. City Attorney Alvarez
read the Ordinance. ORD. 89-0-23 - AN ORDINANCE AMENDING ORDINANCE NO. 88-0-21
AND 89-0-9, THE FINAL BUDGET ORDINANCE AND AN AMENDMENT TO THE FINAL BUDGET
ORDINANCE, OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, BY AMENDING CERTAIN
REVENUE AND EXPENDITURE ITEMS OF THE GENERAL FUND; SHOWING A MORE DETAILED
BREAKDOWN OF THE CHANGES BY IIEXHIBIT All, CONTAINING A REPEALER PROVISION,
PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Gold moved for approval of this ordinance. Councilman Fish seconded
the motion. Motion CARRIED 5-0.
AmendinG Section 606.01 B-2 Neighborhood Business District making application
of Sect. 713.00 to convenience stores with gas pumps discretionarv and not
mandatorv and Ord. 89-0-26 Amending Sect. 606.01 B-2 Neighborhood Business
District making application of Sect. 713.00 to convenience stores with gas pumps
discretionarv and not mandatory - These two items were administratively
withdrawn.
7 Council Regular Meeting Minutes
August 30, 1989
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
FIRST READING:
These items were handled in conjunction with items under New Business.
SECOND READING: (Public Hearing)
Mayor Mitchum requested a motion to go from the regular meeting to the public
hearing. Councilman Fish so moved. Councilman Gold seconded the motion. Motion
CARRIED 5-0.
Appeal by William l.Perry of land Development & ReQulatory Agency June 8. 1989.
decision regarding his request for a variance to allow 10 inches on staircase
landing at Neptune lounge and Restaurant. 515 N. Ridgewood Ave. - Mr. Johnson
stated Mr. Perry contacted his office regarding an appeal of the LDRA decision
and he's present to make a presentation to Council.
Bill Perry, New Smyrna Beach, owner of property in Edgewater and several
businesses, asked Council to allow him to keep his stairway landing as it now
stands. He stated he took out a remodeling permit January 17, 1989, and was
advised by the City Planner through the Planning Department that he must remove
10" from the stair landing. He said he tore down the stairs in the remodeling
and replaced as it was before except they made it look better with lap siding
and ornamental railing, etc. He stated someone went to his building and on his
landing and measured 612" and then made a complaint to the city Planner that it
shouldn't be more than 5'4" and they wanted the 1011 removed. He said they used
the 1985 survey to get the 514" measurement. He said the paper work is kind of
ambiguous and vague and they discussed the stairway landing and that was all.
He said he inquired from the Planning and Zoning Department about his altern-
atives and was instructed to apply for a variance from the LDRA, which he did.
He said that, in his opinion, when he came before the Board the Board was
confused about what their duties are and they seem to have received some recent
legal information that they weren't allowed to give any variances. He said they
were asked to vote on the five criteria and there was no discussion when he was
given a chance to present his side of the case in regarding to those 5 criteria.
He stated he feels he passed the five criteria and if Council were to go through
them here, he feels held pass them and his attorney feels held pass them. He
added he doesn't feel he needs to pass them because he didn't enlarge the landing
and the fact is the person taking the measurement took it off the 1985 survey
and there was no survey in 1989 that says what that stairway was and they didnlt
expand it for any reason but he has no gauge to go by that says what size that
part of the building was in January, 1989, and in the years since 1985 there has
been maintenance performed on these stairs and they were in pretty bad shape.
Mr. Perry stated that he feels LDRA did not properly address the question and
they deliberately moved to send it to Council and the comment was made in the
minutes that they knew it was going to Council anyway. He said he can cut 10"
off but feels it's a matter of principle and it will present a hardship because
he'll have to take the lower entrance door off and remove it from the rear to
the side which would be in public view and create something of a security problem
and most people don't know it's there now.
Mr. Perry apologized for bringing such a small item to Council but added it's
not of his do i ng. He sa i d he I s prepared to go through the five cr iter i a if
Council wants to and if Council wants him to remove the 10", he'd like it to be
clarified so that whatever he does will be correct. He questioned what taking
10" off the stairs at the landing will accomplish.
Mr. Johnson stated the boundary map was the one he submitted to get a determin-
ation from Planning and Zoning for a building permit so they assumed it was
accurate and the documents were in the Planning and Zoning files that he was in
the proper zone and that he was to stay within the foot print of that building
and it was given to him at that time. He added the 10" isn't the problem, but
it's a violation and they put it on the document that when he does the building
to stay within the footprint according to the map he gave them. He pointed out
a variance is usually granted when it's not of his own making and he was made
aware of this when he got the building permit. Mr. Perry said he doesn't know
if paperwork was submitted for the remodeling, but it was submitted for a room
addition which was a separate item. Mr. Johnson said he pulled the entire packet
out and one was for the cooler and one for plumbing and electrical and one for
remodeling. Mr. Perry stated the drawing is part of the January 17th building.
Mr. Johnson pointed out it was stapled and attached to it. Mr. Perry stated he
8 Council Regular Meeting Minutes
August 30, 1989
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Public Hearing: Appeal bv William L. Perry (Continued)
never not iced the date on the surveyor the dimens ion at the time it was
submitted and he was not aware it was 1985 until it came about. He said he
didn't know the size January, 1989, and he purchased it in October or November
of 1988.
Councilman Gold expressed concern of how this was brought to the Building
Official's attention or if it was be routine check up on the construction. He
added he didn't think Mr. Perry would knowingly encroach on the setback as he'd
know the City and other people in the City would be watching his every move.
He said he doesnlt know if the contractor did it knowingly without Mr. Perry's
knowledge, or what.
Mayor Mitchum asked Mrs. Lynne Plaskett, Acting Planning/Zoning Director, how
this came about. Mrs. Plaskett replied she got a telephone call wanting to know
what they were putting under the steps and when she explained they got a
renovation permit they said it looked larger so she went out and checked it and
Dennis Fischer went out and physically measured and gave her the dimensions and
compared it to the survey provided by Mr. Perry and discovered the 10".
Councilwoman Bennington stated this is in violation of Section 401 of the Code
and is increasing a non-conformity of a non-conforming structure and they granted
the variance for the cooler and he as owner is responsible for it and the Code
was violated.
Nancy Blazi, LDRA Chairman, 105 Orange Avenue, commended Mr. Perry on the fine
job he did with the building. She stated the Board already gave Mr. Perry a
variance that made a non-conforming building more non-conforming and then the
stairway was brought back to them. She said it seems nit picking but the Board
feels you need to draw the line and they have done this for quite some time on
quite a few buildings after the fact and it's illegally adding non-conformity
to non-conformity and that was the reason they denied him the right to leave the
stairway there.
Counci lwoman Bennington moved to deny the variance. City Attorney Alvarez
pointed out it's coming with a decision of the LDRA and they have to uphold or
alter or set aside the action. Councilwoman Bennington withdrew her motion and
restated it to be they uphold the LDRA decision in reference to the staircase
landing variance of Mr. Bill Perry. Councilman Hatfield also commended Mr. Perry
on the wonderful job held done, and said they have to interpret the letter of
the law and in this situation it's unfortunate, but he has to second the motion.
Councilwoman Bennington agreed the building looks 1,000 times better but she
believes they have to abide by the law and that's why she made the motion.
Councilman Fish concurred with statements on the appearance and said he feels
it's unfortunate they have to take this stance but there's one set of rules and
everyone has to abide by these rules. Councilman Hatfield pointed out they're
in public hearing and asked if they could make a motion. City Attorney Alvarez
suggested they conclude the public hearing. Councilman Hatfield withdrew his
second and Councilwoman Bennington withdrew her motion.
Mr. Perry stated that if they're going to uphold the LDRA decision held like to
point out that if they read the minutes, before they voted there was confusion
and the Board did not understand the actua 1 mean i ng of the five cr iter i a
questions. He added he didn't see how he could fail four questions and one he
passed. He stated the LDRA should have discussed his case and made their
decision but the vote was taken almost immediately and the minutes speak for
themselves.
Ord. 89-0-12 Amending Sect. 200.00. 7-324. and 7-325 re: screen pool enclosures
and setbacks - Mayor Mitchum stated this is second and final reading. City
Attorney Alvarez read this Ordinance. ORD. 89-0-12 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, lONING, SECTION
200.00, "INTERPRETATION OF CERTAIN TERMS AND WORDS" AND SECTION 7-324, "LOCATION"
AND SECTION 7-325 "ENCLOSURES", BY CLARIFYING AND CHANGING THE SETBACKS AND BY
PROVIDING A DEFINITION FOR SCREEN POOL ENCLOSURES; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor
Mitchum asked for public comments.
9 Council Regular Meeting Minutes
August 30, 1989
.......
...."
ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Second Readina (Public Hearina) (Continued)
Rav Davis, 2632 Woodland, asked what they propose as he has a pool and a screen
enclosure and doesn't know if he has to do something to it, or if this is for
in the future. Mayor Mitchum replied it's future pools.
Ord. 89-0-19 Increasina lot sizes and floor areas for duplexes in R-4 zonina.
deletina duplexes as special exceptions in R-3 zonina - City Attorney Alvarez
read this Ordinance. ORD. 89-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, lONING, SECTIOns 602.05, R-3 SINGLE
FAMILY DISTRICT (c) "SPECIAL EXCEPTIONS" BY DELETING DUPLEXES AS A SPECIAL
EXCEPTION AND AMENDING SECTION 603.01 R-4 MULTI-FAMILY DISTRICT (a), "PERMITTED
USES II BY ALLOWING AND REGULATING DUPLEXES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked
for audience comments. There were none.
Ord. 89-0-20 Deletina Sect. 3.7 (b) of Code re: billboards due to conflict with
Sect. 701.00 prohibited sians - City Attorney Alvarez read this Ordinance. ORD.
89-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING SECTION 3-7 (b) "BILLBOARDS" OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, FLORIDA, BY DELETING SAID SECTION FROM THE CODE OF ORDINANCES OF THE
CITY OF EDGEWATER, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked for audience
comments. There were none.
Ord. 89-0-21 Deletina requirement that mini-warehouses be only 20th to 30th
Street alona FEC railroad tracks - City Attorney Alvarez read this Ordinance.
ORD. 89-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING APPENDIX A, lONING, SECTION 200.00 "INTERPRETATION OF CERTAIN
TERMS AND WORDS" BY REMOVING THE REQUIREMENT THAT MINIWAREHOUSES BE ALLOWED ONLY
ALONG THE FEC TRACKS FROM 20TH TO 30TH STREETS; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked
for audience comments. There were none.
Ord. 89-0-22 Amendina reaulations for mini-warehouses. allowina as permitted use
in 1-1 instead of special exception. allowina one office unit per facility - City
Attorney Alvarez read this Ordinance. ORD. 89-0-22 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, lONING, SECTIONS
606.01 (b), SECTION 607.00 (b) AND 607.02 (b) "PERMITTED USES" BY REGULATING
MINIWAREHOUSES; BY ALLOWING THEM AS PERMITTED USES IN INDUSTRIAL DISTRICTS;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE. Mayor Mitchum asked for audience comments. There were none.
Mayor Mitchum requested a motion to move from the public hearing back to the
regular meeting. Councilman Gold so moved. Councilman Hatfield seconded the
motion. Motion CARRIED 5-0.
Appeal by William L. Perry of Land Development & Reaulatory AQency June 8. 1989.
decision - Councilman Hatfield suggested they address the five criteria. City
Attorney alvarez stated it's not for Council to address, it's the role of the
LDRA, and in the appellant capacity they're to say if they acted in a manner that
was capricious or outside their regulations or they overlooked some basic mater-
ial fact or some other aspect. Councilman Hatfield withdrew his suggestion at
the Attorney's advice. Mayor Mitchum explained the five points pertain to the
original request when it was denied by LDRA. City Attorney Alvarez pointed out
it's standard criteria originally contained in the Statutes that outlined Board
of Adjustments and LDRA does in their role and they look at the criteria and
determine how it applies to this case. There was brief discussion regarding this
being the second variance applied for at that address.
Charles Hall, Attorney, asked if each Council member had reviewed the record of
LDRA. Mayor Mitchum replied that's not a point. City Attorney Alvarez pointed
out they received a quarter inch pack of information. Mr. Hall asked if minutes
were in the package. City Attorney Alvarez replied yes, along with correspond-
ence and the application. Mr. Hall asked if the minutes are verbatim and if they
read the verbatim transcript. Mayor Mitchum stated he won't allow this and will
act on the Attorney's advice and doesn't feel it's appropriate. City Attorney
Alvarez stated the record is part of Council's package and he doesn't know of
a Council member that comes to a meeting without reviewing the materials. Mr.
Hall again asked if they read the verbatim transcript of the meeting.
10 Council Regular Meeting Minutes
August 30, 1989
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'WI
ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Second Readinq (Public Hearinq) - (Continued)
Appeal by William L. Perry of June 8. 1989. LDRA decision (Continued)
City Attorney Alvarez replied itls not customary to make verbatim transcripts,
and asked who prepared them. Mr. Hall replied by the City. Mr. Johnson stated
it comes from the Secretary of the Board. City Attorney Alvarez said he never
saw the verbatim minutes being sent to Council. Mr. Hall said he assumes Council
did not since no one said they had except for Councilwoman Bennington. City
Attorney Alvarez stated the record speaks for itself. Mr. Hall stated Council
considers only the minutes. City Attorney Alvarez pointed out the entire package
contains all sorts of documents.
Councilwoman Bennington moved they uphold the LDRA decision to deny this
variance. Councilman Hatfield seconded the motion. Motion CARRIED 4-l.
Councilman Fish voted NO, stating it was because held like a chance to read the
verbatim transcript.
Ord. 89-0-12 - Councilman Gold moved for adoption of Ordinance 89-0-12.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-19 - Councilman Fish moved they adopt 89-0-19. Councilman Hatfield
seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-20 - Councilman Gold moved for approval of Ordinance 89-0-20.
Councilman Hatfield seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-21 - Councilman Hatfield moved they accept Ordinance 89-0-21.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-22 - Councilman Hatfield moved they accept Ordinance 89-0-22.
Councilman Gold seconded the motion. Councilwoman Bennington questioned if it's
standard City policy for the LDRA to make a decision when an ordinance has only
had first reading. She added they voted on an item at their last meeting on
miniwarehouses with an office unit.
Nancy Blazi, LDRA Chairman, 105 Orange Avenue, pointed out this is I-I and theirs
was for approval of an office that was in B-2. There was discussion regarding
the zones in the office and what LDRA had acted upon. Councilwoman Bennington
apologized.
Motion CARRIED 5-0.
UNFINISHED BUSINESS
There was no Unfinished Business brought up at this meeting.
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Alvarez had no report at this time.
City Manaqer - City Manager Elly Johnson had no report at this time.
City Council - Councilman Hatfield expressed his thanks to the City and citizens
for their cards, letters, and flowers in the recent death of his brother. He
said the flowers were lovely and it was heartwarming at a tragic time.
Councilwoman Bennington asked the City Attorney about the petition given to them
from Shangri-La about vacating the right of way. City Attorney Alvarez replied
they're looking at the plats.
Mayor Mitchum asked Councills permission for the City Manager to work with Ron
Ferland and within a month or so to prepare a full page ad in the newspaper
using a question and answer format and pros and cons of the CIP and the systems
and bring it back to Council. He added it would be placed in the News Observer
and News Journal, with a couple of prior ads and notices that this will be there
at a particular time. Councilman Fish so moved. Councilwoman Bennington
seconded the motion. Councilman Hatfield suggested a full page may not be
necessary because it burns people out. Mayor Mitchum said held asked the City
Manager to talk to the newspapers about making a pamphlet out of this and to
distribute it at City Hall so there's no reason a person in Edgewater doesnlt
know about it. Councilwoman Bennington suggested it be in the pennysaver to have
it delivered to everyone in Edgewater. Councilman Fish stated he and Ron Ferland
11 Council Regular Meeting Minutes
August 30, 1989
....."
...,
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
worked on a format for a newsletter for the CIP and it's at A. G. Edwards to put
in the financing information and it should be ready soon to publish and
distribute to all the residents. Motion CARRIED 5-0.
QUESTIONS FROM PRESS
Jennifer Halperin, News Journal, asked when the referendum will be held. Mayor
Mitchum replied as soon as possible, but it will be put together by the City
Attorney. City Attorney Alvarez explained State law requires it be 45 days
advertisement before the election, but the question is if it1s a full fledged
election or something City-wide with voting machines and absentee ballots, or
some kind of mail out to every property owner and resident. Councilman Gold said
a mail out would be cheaper but a lot of people automatically throw it away.
Councilman Hatfield pointed out there are several people who are land owners who
are not residents and they should have the right to vote and a ballot would only
be the registered voters. He suggested they set up a workshop. City Attorney
Alvarez said all land owners whose property would be affected by this would
receive an absentee vote even though they are not electors. Counci lwoman
Bennington said they can't do it on referendum. City Attorney Alvarez suggested
a straw ballot. Councilman Gold asked if it would cover every landowner. City
Attorney Alvarez replied it could be a straw ballot and a determination of public
sentiment and it's not a binding decision. Councilman Gold said it gives them
a choice of what they want. An unidentified gentleman from the audience asked
to speak and Mayor Mitchum advised there will be public hearings on it later.
City Attorney Alvarez stated a straw ballot or referendum or expression of voter
sentiment may include property owners even though they are not electors and it1s
not an elect i on, and he'll put someth i ng together for Counc i 1. Ms. Ha 1 per i n
asked if details will be worked out for registered voters. Mayor Mitchum replied
it will be land owners and voters whose property is affected by it.
ADJOURN
Mayor Mitchum requested a motion 'to adjourn. Councilman Gold so moved.
Councilman Fish seconded the motion. Meeting was adjourned at 9:31 p.m.
Minutes submitted by:
Lura Sue Koser
~~~~
MAYOR
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12
Council Regular Meeting Minutes
August 30, 1989