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10-07-2002 - Regular 11II""" u () . . CITY COUNCIL OF EDGEWATER REGULAR MEE TING OCTOBER 7, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Myron Hammond Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Deputy City Clerk Lisa Bloomer Legal Assistant Robin Matusick Present Present Present Present Present Present Excused Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTE S Reqular Meetinq of Auqust 19, 2002 Councilwoman Lichter moved to approve the August 19, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members. There were no members present to be recognized. B. Plaque presented to Carl Leininqer for his service to the City from December 1985 throuqh October 2002. Mayor Schmidt recognized Carl Leininger for his almost 17 years of service with the City. Personnel Director Debby Sigler presented Mr. Leininger with a card from the Personnel Department. u u C. Plaque presented to Craiq Conway of Diamond Suzuki, New Smyrna Beach, for donation of a Sport utility Vehicle to be used by the Edqewater Police Department's DARE proqram. The General Manager of Diamond Suzuki was present to accept the plaque for Craig Conway for the donation of a Sport utility Vehicle to be used by the Police Department's DARE program. D. Certificate of Appreciation presented to Brian Coffey for assistinq an Edqewater Police Officer subdue a violent prisoner who was attemptinq escape. Police Chief Ignasiak presented a Certificate of Appreciation to Brian Coffey for assisting an Edgewater Officer subdue a violent prisoner who was attempting to escape. Mayor Schmidt asked Mr. Coffey what was going through his head at the time. His wife stated he was a former corrections officer. CITIZEN COMMENTS Mike Visconti, 316 Pine Breeze Drive, showed Council a drawing of a monument he drew with regard to the 9/11/01 Attack on America. He commented on locations he feels are appropriate to put the monument. He felt it would be appropriate to take donations and whoever donates it to the City would get their name on the back of the monument. He would like the Council to think about it and he would appreciate their comments. CITY COUNCIL REPORTS Councilman Brown commented on the lunch provided to the City employees by Shell's Restaurant. He thanked Shell's for stepping up and giving our employees a very nice lunch with excellent food. Councilman Hammond stated he is glad to be here and he hopes to do a good job for the City. Councilwoman Rhodes welcomed Councilman Hammond and informed him she looks forward to working with him. Councilwoman Rhodes mentioned driving from Edgewater to Massachusetts for vacation and nowhere is gas higher than in Volusia County. Page -2- Council Regular Meeting October 7, 2002 u u Councilwoman Lichter commented on the Water Alliance instigating a Transition Team because there will be a new entity of all the communities in Volusia County. Every City has now come into the process. The first meeting will be October 14th. She thanked the Council for their confidence in her and putting her on that team as our Transition Member. The Council is all welcome to attend the first meeting. She commented on this being a sharing of facilities but how there could be equity with what each City has is going to be important. It is going to be a conservation education drive so they might not have to spend money in the immediate future on other water sources than the ones we are using now. The Managers will still be meeting and their input will be welcome. The Technical Group will also have input. We are ahead of any other immediate surrounding County in planning for our future water situation. Councilwoman Lichter spoke about beautification awards. Daytona Beach has entered another factor into that. They give into consideration water sensitive plants when they are considering their beautification awards. Water retention kept on site, selective use of turf grasses, landscape design and automatic sprinkler shut-offs are all part of their determination of what gets a beautification award. She suggested the City also look into these factor when giving beautification awards. Councilwoman Lichter commented on an Strategic Intermodal System Workshop held at Votran. She thought this was going to pertain to our SR 442 and having access to get out of Edgewater in case of an emergency. It ended up being an economic development emphasis of all kinds of transportation. She left the meeting disappointed because of Vol usia County having very few east-west access roads and evacuation routes. They mentioned the rail train which is a big question mark. We mayor may not have that rail train improvement that they thought. She feels there are still ways to get money to get out the stuff we want. There is money to be gotten from the County as well as State and local. She expressed her disappointment for Route 40. She stated when they are told to evacuate manufactured homes get out quicker. The last time she was asked to evacuate they had to go all the way up to SR 40. They aren't planning on improving SR 40 because of the natural reserve and the park and the bears. She feels whatever they want to do with SR 442 and the safety of our public, they are going to have to take the initiative and do on their own. Page -3- Council Regular Meeting October 7, 2002 o u Mayor Schmidt asked Chief Ignasiak for an update on the Consolidated Dispatch. Chief Ignasiak stated it is going very well. They have had glitches but they knew they would when the system first started. No calls have been missed and there are no emergency lines that have not been connected through. They aren't getting complaints from any of the three cities. The more the dispatchers get comfortable with the system and the equipment they are working on, the quicker the services will start corning. He commented on the dramatic changes he has seen in one week. Mayor Schmidt asked how the building is being manned next door. Chief Ignasiak stated there is a marquis that has been placed on the front door which states their operational hours which are 8 a.m. to 6 p.m. Monday through Friday. Outside the station on the front door is an emergency contact phone that goes directly to the Port Orange Center. It will put you in immediate contact with a dispatcher. During the weekend the station is relatively unmanned. They are experimenting now using the new expanded CAPS unit which is corning in on Saturday and Sunday and manning the station at the front information desk from 8 a.m. to 3 or 4 p.m. Chief Ignasiak stated he hasn't received any complaints that residents are calling in and can't get an officer for service or can't get the telephone numbers. They are advertising the telephone numbers very heavily. 424-2425 is now going directly to Port Orange. They are still providing the same information and the services they have out there just on some occasions it may take a few minutes to get an officer face-to-face if you request one. Mayor Schmidt stated with losing Councilman Vincenzi that puts an open void for a backup for him for VCOG and MPO. He asked Vice Mayor Rhodes if she would be interested in being his backup on those two boards. Councilwoman Rhodes informed him she's got his back. Mayor Schmidt asked Deputy city Clerk Bloomer to notify Mary from VCOG. Mayor Schmidt reminded everyone of the ribbon cutting for the museum on October 12th at 10 a.m. Councilwoman Lichter stated she took a peek and it is beautiful. Mayor Schmidt stated there will be parking around the building and all the way back including at the YMCA. Page -4- Council Regular Meeting October 7, 2002 Q Q PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1st Readinq, Ord. No. 2002-0-16, repealinq 6 of the 9 amendments adopted bv Ord. No. 2002-0-03 and restatinq 3 local amendments to the Florida Buildinq Code pursuant to the Settlement Aqreement Legal Assistant Matusick read Ord. 2002-0-16 into the record. City Manager Hooper made a staff presentation. He commented on there being a challenge to the nine amendments. At this point there has been an agreement reached that was headed mostly by VCOG. The conclusion was six of these will be dropped and three will be retained. Port Orange is probably not going along with this. Building Official Dennis Fischer stated they were in agreement a few days prior to their Council meeting. At their Council meeting they unanimously rejected the settlement agreement which was to keep only three of the nine amendments. Their home rule doctrine is challenged regarding the safety of their ability to pass local ordinances and they are going to stand up to a legal challenge from the Homebuilders Association and the Pool and Spa Association regarding their objections. City Manager Hooper recommended the City enter into the settlement agreement. The whole purpose was to start with a unified code that would be throughout Volusia County. Mr. Fischer further commented on local amendments. They will make these as a group to the 2004 Building Commission as changes to the actual code and see if they will be implemented, not just in Volusia County, but the whole State of Florida. Councilwoman Lichter asked Mr. Fischer what the six amendments might be about. Mr. Fischer presented a brief explanation. Councilwoman Lichter asked if a City can be stricter. City Manager Hooper stated they can. The State made minimum standards across the board. Three of the amendments have been clearly identified they need to stay. The other six they think can be removed and brought back to the National or State Committee to have that reviewed. He agreed to furnish a copy of the nine amendments at the next meeting to look at the detail of those. He informed the Council he could speak to Mr. Fischer about any detail on those. He informed the Council they aren't adopting anything formally tonight. Page -5- Council Regular Meeting October 7, 2002 Q Q Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2002-0-16, second by Councilman Brown. The motion CARRIED 4-1. Councilwoman Lichter voted NO. B. Res. No. 2002-R-25, repealinq Resolutions 90-R-63, 84-R-40 and 80-R-149 in their entirety and adoptinq/enactinq a new public records policy and fee schedule. Legal Assistant Matusick read Res. 2002-R-25 into the record. City Manager Hooper made a staff presentation. This has been reviewed by the City Attorney. Staff recommends approval. Mayor Schmidt asked the cost for copies. Deputy City Clerk Bloomer informed him $.15. City Manager Hooper commented on extensive requests requiring additional efforts. He informed Council this identifies the policy, sets time limits on a reasonable time to return the requests. Very little has changed. It has added some. Particularly, the hourly charge that is able to be added whenever there is additional efforts. Councilwoman Lichter mentioned the hospital and doctors offices charging more than this for a copy. City Manager Hooper stated the difference being these are public records, those are private records. Mayor Schmidt opened the public hearing. Dominic Capria, 606 Topside Circle, stated he has gotten records and City Manager Hooper has been very kind to give them to him. He stated they are talking about fees but they aren't talking about how much. He asked how much it would cost him if he wanted a copy of something. Councilwoman Rhodes informed him $.15 unless it is two sided then it is $.20. There is a whole schedule of fees. City Manager Hooper explained if the record is available it is the same. If you ask and it takes staff time to get it, they are able to charge the salary of the employee handling the request. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Res. 2002-R-25, second by Councilwoman Rhodes. The motion CARRIED 5-0. Page -6- Council Regular Meeting October 7, 2002 u () BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA A. Law Enforcement Trust Funds - staff requestinq approval to use Trust Funds in the amount of $2,450 to purchase Citizens Assistinq Police (CAP's) uniforms and equipment. Councilwoman Rhodes moved to accept the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Continuinq Professional Enqineerinq Services - staff recommendinq to neqotiate contracts with CPH Enqineers, Gierok Enqineerinq, Professional Enqineerinq Consultants (PEC), Ouentin L. Hampton (OLH) and Weldon Land Development to perform enqineerinq services and authorize the Mavor to execute the contract(s) . City Manager Hooper made a staff presentation. He listed projects these firms have been or are involved with with regard to the City. He then listed the primary task for each firm. Staff recommends approval. He informed Council he is associated with PEC and he was not associated with the short listing. The City's contract with him enables that to occur. Councilwoman Lichter asked Chief Planner Darren Lear the positive impact of having three different firms that do general work. Mr. Lear explained it leaves staff the option open if one firm is busy they can go to a different firm. City Manager Hooper explained general means it is open to water, sewer, and drainage and they can do any areas of civil engineering or development review. If it has a specific primary task, that will be the area they will focus on. He informed Council the RFP's are in his office if Council would like to look at them. Councilwoman Lichter asked if they have been operating with more than one firm that is doing the same type of work. City Manager Hooper stated Conklin Porter is truly the only new one. They have taken off some of the smaller ones. He further explained it further enables some price competition. Page -7- Council Regular Meeting October 7, 2002 o o Councilwoman Lichter stated so price isn't part of the original contract. City Manager Hooper stated price will be in the contract that comes back to Council. Any project that costs more than $15,000 comes back to Council. He can sign off on anything less than $15,000. There was a brief discussion regarding a price per hour. City Manager Hooper presented a scenario explaining what factors in such as who can do it the quickest, who can do it the best and who can give the best price. City Manager Hooper commented on the recycling bid being a pure price bid. This is the RFP system that was talked about that enables the Council to pick not just based on price but quality, where they are located, the time to respond, how long it takes and schedules. These are more in service and professional contracts. When it is something that is routine, it is generally price. When you bid a construction job it is generally price. When you re doing design and professional areas, it has price plus the qualify associated with it. Councilwoman Lichter asked where the firms are located. City Manager Hooper informed her Orange County and Volusia County. Councilwoman Rhodes asked if they are limited to these. City Manager Hooper informed her no. These are advertised. When something appears that is not a normal routine, they can advertise and go out. These contracts are multi-year contracts but if they are unhappy with the quality of work at any time all they pay for is the work done to date. They could end the contract tomorrow. Councilwoman Rhodes stated so what this does is saves the from having to advertise every job. City Manager Hooper commented on the advertising process. This is consistent what cities our size and larger do on a consistent basis. commented on not having design professionals on staff. City with He Councilwoman Rhodes asked what criteria was used and if price entered into this at all for the selection of the top five. Mr. Lear stated they haven't seen price yet. That is what they are negotiating. He based his decision on the experience, the quality relationships the City has had in the past with them and their proximity to us. Page -8- Council Regular Meeting October 7, 2002 u Q Councilman Brown made a motion to negotiate contracts with CPH Engineers, Gierok Engineering, PEC, Quentin L. Hampton and Weldon Land Development, second by Councilwoman Lichter. The motion CARRIED 5-0. Councilwoman Rhodes questioned including in the motion that the Mayor executes the contracts. City Manager Hooper stated the contracts are coming back to Council as a group. They will negotiate a contract with all five groups and bring them back. B. ParkTowne Industrial Center Phase I Additional Enqineerinq Services - staff requestinq approval to extend the aqreement with Gierok Enqineerinq, Inc. until December 4, 2002, at the current monthly billinq rate of $9,233, and authorize the City Manaqer to execute the aqreement. C. ParkTowne Industrial Center Phase I Chanqe Order #2 - staff requestinq approval of Chanqe Order #2 in the amount of $237,677.76 and a time extension of 142 days to Star Base Development Company, Inc. and to authorize the City Manaqer to execute the document. City Manager Hooper made a staff presentation with regard to Items B & C. He further commented on the large quantity of rock found when they were digging the containment site, digging some of the drainage and rerouting the canal. There is rock that wasn't part of the actual bid documents. The rock is $12 per yard to remove. The fact that they found the rock didn't change the price per yard. It just means there is more yards of it to be removed, which is not uncommon in an underground situation. FIND will be paying up front for all of the rock removal. The same goes for the engineering contract. There will be part that is assigned to the City. City Manager Hooper further commented on there being two Change Orders as well as a time extension of the contract of 142 days. City Manager Hooper presented an update on the status of the FIND project. He thinks it is in a final state. He mentioned more rock being found at the very north end. Councilwoman Lichter stated she was quite upset about the increase in money and the time delay. It seems like everything we build has a built in increase at the end of it. She has trouble understanding why they can't estimate closer. She still thinks these things should be better anticipated of what is going to happen. Page -9- Council Regular Meeting October 7, 2002 Q o Councilwoman Lichter further spoke about not having constant inspections but inspections done every so often. She feels if there were more regular inspections they would have known what went on. She asked if they have to five away five months automatically or can they go month-by-month. City Manager Hooper elaborated. He commented on the 90 days that was spent to dig rock and that is what it has cost him as far as time and dollars. He is supposed to be done by December 4th. Councilwoman Rhodes asked what happens if he is not. City Manager Hoper stated if he's not, there is a liquidated damages that starts if he doesn't come back and have a convincing argument. He commented on the monthly progress meeting that occurs. Councilwoman Lichter mentioned Ms. Gierok coming in one time to tell the Council about the rock. City Manager Hooper informed Council at various times they have tried to describe it's there and there is more coming. It's hard to say how much more until it is dug up. The original contract had about 875 yards estimated. It has turned out it is four or five times that amount. Councilwoman Lichter asked where the rock is going. City Manager Hooper explained it is being used on site. Councilwoman Lichter asked if the extra money to have a sanitary sewer service connected to the new Boston Whaler was part of the deal to get Boston Whaler here. City Manager Hooper explained when it was designed it wasn't known where Boston Whaler would connect. He commented on things that occurred after the contract when Boston Whaler wasn't even thought of. They did promise to get them sewer but they didn't know where it was going to come until the actual design of this was done. Mayor Schmidt asked if they still pay the normal fees. City Manager Hooper informed him they pay the connection fees, all that. He commented on incentives such as putting in the infrastructure and a builder/developer comes in and gets to buy a finished lot that is ready to go with water, sewer and drainage. That is the unique part of this whole site. Councilwoman Rhodes questioned why they have to pay the engineering company $9,000 per month when the cause of the extension is the removal of the rock. City Manager Hooper explained the whole contract gets extended. At the time he is removing the rock, he isn't doing the rest of the underground or drainage. He commented on the engineer doing inspections of the work that is being done. Page -10- Council Regular Meeting October 7, 2002 o o Councilwoman Rhodes questioned paying a portion of this. City Manager Hooper stated they are paying for a portion because the construction time drags on. As long as the contractor is out there, the City is obligated to pay for an inspector to be out there. If it goes on and he is late, then he pays the engineer to be on site for the inspector. Councilwoman Rhodes stated so if a contract needs to be extended, you not only pay for the problem that extends the contract, you pay for every other support to be extended to. City Manager Hooper informed her that is correct. Councilwoman Lichter asked who hires the inspectors. City Manager Hooper informed her the City does. Councilwoman Rhodes asked if Mr. Lear could do inspections. City Manager Hooper stated he is not a licensed engineer to go on site and do those type of inspections. He commented on other projects Mr. Lear is working on. Councilwoman Rhodes stated she is thinking for five months they are spending $45,000. She thinks they could probably hire an engineer for a year for $60,000. City Manager Hooper commented on other cities trying that. He commented on for the most part this fails miserably because those type of engineers are civil engineers that are capable of doing design, not ones that specialize in construction, inspection and managing your contract. He informed the Council if they would like they could attend one of the next progress meetings and watch the contractor bash the City staff and the engineer. Ms. Gierok informed Council the progress meetings are every first Wednesday of the month. Councilwoman Rhodes has a problem paying for the fight. City Manager Hooper stated if you don't pay for the fight, he is going to build junk. City Manager Hooper commented on this turning into a quality project. It is slow which he isn't happy about but he is ecstatic about the quality of the whole thing. Councilman Brown moved to accept the ParkTowne Industrial Center Phase I Additional Engineering Services, second by Councilwoman Lichter. The motion CARRIED 5-0. Page -11- Council Regular Meeting October 7, 2002 u Q City Manager Hooper stated just for the record, by approving that the Council is authorizing him to execute the agreement Work Order to get that done. Councilman Brown moved to accept the ParkTowne Industrial Center Phase I Change Order #2, second by Councilwoman Lichter. The motion CARRIED 5-0. City Manager Hooper stated that also includes authorization for the City Manager to execute the contract. Councilwoman Lichter asked if there is any market for all that rock. City Manager Hooper explained most of it is on site. The best value is to crush it and use it as a sub base. Councilwoman Rhodes asked about the signs that the Chamber was going to have made for the City being made of coquina rock. OFFICER REPORTS Deputy City Clerk Bloomer had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper spoke of meeting with City Attorney Cookson and other principles at Foley & Lardner to describe exactly what they are trying to do with regard to selling the FIND property. He spoke of breaking the FIND property down into four sections. The property will be advertised and put out. The individual will be able to come in and place a bid and mark the property they want. He further commented on the bid process. City Manager Hooper stated City Attorney Cookson has suggested they get the property appraised in three years. The City's interest is not in selling the property for a profit but to sell and get our expenses back and put it on the tax rolls and that is the City's profit. City Manager Hooper then spoke about a piece of property the City owns and a piece of property that Oscar Zeller owns. He spoke about a swap of property due to Mr. Zeller's property being contiguous to his adjacent property that he owns. He spoke of it being a good deal for the City because that is frontage off of the other parcel. They are having the Attorney draw up an even swap of his piece for this piece. He then spoke about the lake that is half on the City's property and half on Mr. Zeller's property. He spoke of using this lake for stormwater containment. Page -12- Council Regular Meeting October 7, 2002 o u City Manager Hooper wanted to make sure the Council wasn't troubled by the fact they are going to advertise for public bids and move forward with this. He is getting some developers that are frustrated because they want to buy today. This will be advertised in November and it will be on a first come first serve basis. Councilwoman Lichter asked how they get in and out. City Manager Hooper pointed out on the map where the entrance and exit will be. He further commented on signs and entry features into the FIND property. Mr. Visconti asked if there is going to be an entrance on 10th street. City Manager Hooper stated no there is not. At this point the School Board and New Smyrna has asked them to leave that alone. With the siting of the School and the ability to come in at some later date, that can be accommodated but at this time probably complicates the matter. He thinks it can occur if at a later date the Council wants it too. He commented on complications with a high school being across the street and this being an industrial park and this not being the best mixture of trips. Councilwoman Lichter asked where the high school will be. City Manager Hooper pointed it out. Councilman Brown asked City Manager Hooper if he is going to put a reserve on that piece of property so nobody buys up the road area. City Manager Hooper stated that will remain. When they start selling the lots, nobody will buy that until they extend that road. City Manager Hooper asked the Council if there were any objections to what he described they are going to do. It was the consensus of Council to sell the property. Councilman Brown asked how much the stormwater will be saved by getting the whole lake. city Manager Hooper informed him they will save by not having to build an additional pond. They can use that pond for some treatment. City Manager Hooper informed Council of the meeting he had with the residents from 15th and 16th Street and Lime. What came out of that was a strong consensus that they are very interested. They gave them the upper price in the $14,000 to $15,000 per lot range. He thinks it can come down from there. They want them to vote on whether they would be willing to assess themselves up to that amount and then they will put the plans and specs together. Page -13- Council Regular Meeting October 7, 2002 u Q City Manager Hooper stated the latter part of this week or early part of next week there will be a letter sent to them. There is 32 individual lot owners. It will take 17 of them to agree. If 17 vote yes they will finish the design and put in place the ordinances to do a special assessment. It is the same as was done in Florida Shores. They will be paying 100% for the sewer and on the road it will be broken down by 1/3 for each side of the road and the City is picking up the last 1/3. If the City picks up the tab it is saving them on the maintenance cost of a dirt or shell road. Councilwoman Lichter asked if the lots are all the same size. City Manager Hooper explained they vary. When you mix water & sewer, which no matter what size lot, that is a standard cost. Most of them prefer, just for the sake of simplicity and easy understanding that they are all paying the same fee. City Manager Hooper informed the Council of two Work Sessions with the Economic Development Board. The first being on Wednesday. City Manager Hooper explained it will be just a discussion. Their idea is to hold two work sessions to develop a work plan and then have that plan adopted by the Council and that becomes their goal to be able to do something. City Manager Hooper informed Council we are in the final stages of the Land Development Code of all the modifications since they have adopted this. It will now be making its trip with a work session through the P&Z. The Council will have those back in front of them. He informed the Council they did not change anything with regard to boats, trailers, and canopies because they went back to the 19 person Committee and after all the discussion nobody had a better idea. This will probably come before Council in December. City Manager Hooper commented on two jet skis Police Chief Ignasiak has been able to secure for the City to be able to patrol the river where we have frontage. Each jet ski is costing $1 per year. Councilwoman Rhodes asked about insurance liability. City Manager Hooper stated there really isn't much. In about a month, they should be able to see those folks being able to patrol. They are really looking at no wake zones and thefts from docks and boats and houses that front the river. One of these will also be available to the Fire Department. City Manager Hooper explained the jet skis will be rotated in and out quarterly. Councilwoman Rhodes asked if they will be patrolling every day. City Manager Hooper informed her no. Page -14- Council Regular Meeting October 7, 2002 u Q Councilwoman Lichter questioned weekends. City Manager Hooper stated it is mostly weekends. It's not every day and it will be at peak hour and peak time. Councilwoman Rhodes expressed concern with taking a copy off the street. City Manager Hooper stated Chief Ignasiak is doing this with some additional funding, some overtime funding. These are guys that want to do this. He further commented on additional revenue sources that can bring money in to help pay for some of the overtime. The Coast Guard is interested in conducting some of the training. Councilwoman Rhodes questioned stepping on toes by doing this with regard to jurisdictional types of things. City Manager Hooper explained you enter into an agreement and they train you and then they say good, you do it. They remove themselves from an area. There is nothing north and south of us. The Marine Patrol is into poaching and game. They are not into safety. He commented on it being a nuthouse on the river on Saturdays and Sundays. Councilwoman Lichter asked if they will be able to give fines and do inspections. Police Chief Ignasiak stated yes we are but currently he doesn't have any of his officers trained in marine enforcement. That is what the Corp of Marine Patrol is going to do. The officers will be certified to do marine enforcement and boat inspections. Councilwoman Lichter asked if the City will be getting some of the fines involved. Police Chief Ignasiak stated yes, they are looking at that with legal right now. Not only are they looking at the Florida Statutes, but there are also City ordinances and statutes which can mirror that where the revenue will come to the City instead of going all to the State. Legal Assistant Matusick stated that will be coming back on the 21st. Mayor Schmidt feels the jet skis will be handy on the 4th of July and with all the different events to have those available. Police Chief Ignasiak stated they went out this weekend and tested the equipment and they did two assists within a half an hour. They were people who were coming through with their boats and rolled up sandbars. They got stuck there at low tide and there was no way they were going to get out of there unless someone towed them out or they waited until the tide came in. Councilwoman Rhodes asked if they are going to get into a situation like the Coast Guard. They quit taking gas to people and towing people off of sandbars because its not cost effective. Will they be able to charge people for this. Police Chief Ignasiak stated they are going to stay inside our jurisdiction. Page -15- Council Regular Meeting October 7, 2002 Q o Councilwoman Lichter asked what our jurisdiction is. Police Chief Ignasiak stated we extend from the southern most City boundary to the northern most City boundary to the center of the channel. That has been confirmed by the U.S. Coast Guard and the Florida Marine Patrol. City Manager Hooper stated if the Chief or one of his deputies are there, they have authority over what they see even if it's outside. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, stated in 1998 we had forest fires and there was no way to get in or out of Edgewater. In 1998 there was a big drive to go west on SR 442. In four years he hasn't heard or seen anything that has taken place or any progress that we have made. In case they are asked to evacuate, you will have SR 44 which will be crowded and 46 in Mims and Oak Hill which will be crowded. He questioned where they go. Mayor Schmidt stated unfortunately you still have the same options you have. The progress that has been made is we are now on the long range plan. He commented on the turnpike and the associated people looking at extending it as an option along with SR 415 and 46. You do have many different groups looking at the feasibility of doing it. He commented on speaking to Congressman John Mica every time he sees him. He is well aware of it. Mr. Visconti stated let's face it, we're bound in here. There is no place for us to go. Councilwoman Lichter stated Mayor Schmidt has been working on it and whenever they meet anyone they bring it up that we don't have an escape route. She feels there are a lot of people in Edgewater that don't know what might be available to them. She feels it might behoove them to get that education because there are some possibilities. Councilman Brown commented on lots the Fire Department is cleaning out around the City to make a barricade around our City. We are making efforts to make sure we have some protection. Mr. Visconti feels they should fight DOT somehow to get that SR 442 down to SR 415 to get out. Page -16- Council Regular Meeting October 7, 2002 o o Richard Jones, 1530 Sabal Palm Drive, asked about the Marine Patrol. He stated when he had a boat he has to have insurance on the boat. He also had towing insurance. He asked if Chief Ignasiak can bill these people for towing them to get them off the sandbar. City Manager Hooper explained at this point they aren't wanting to get into that. Mr. Jones then asked about the FIND contract. When the prime contractor submitted his bid, did he include the cost of materials for building the roads and the levy and so on the rocks you talk about. City Manager Hooper stated those are unit costs. When that was bid he put unit cost in and part of a construction package that is put together says they think there is so many yards of rock. In this case it had more rock but the unit cost is in there and he is paying the same unit cost for the additional rock as if that rock had been identified up front. Mr. Jones stated it sounds like we are paying for him to dig rocks out of this excavation that he is making and then he is going to crush those up and use those back again into the same project. He asked if we are paying for this twice. City Manager Hooper stated not really. He is substituting some of that. There are been some credits in other areas. He isn't charging the City twice. ADJOURNMENT There being no further business to discuss, Councilwoman Lichter moved to adjourn. The meeting adjourned at 8:37 p.m. Minutes submitted by: Lisa Bloomer Page -17- Council Regular Meeting October 7, 2002