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11-05-1990 - Regular Rescheduled to 11-12-1990 "---- u Q ? 9 CITY COUNCIL OF EDGEWATER NOVEMBER 5, 1990 REGULAR MEETING RESCHEDULED TO NOVEMBER 12, 1990 MINUTES .j 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 Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Excused Excused Present Present Present Present Excused Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. Fire & Rescue Chief1s presentation of Hurst Corporation1s "Jaws of Life" awards to six members for outstandinq rescues requirina automobile extrications - Fire & Rescue Chief Bill Vola explained the Hurst Corporation manufactures the Jaws of Life and annually gives awards for those using their equipment when life is immediately in danger. He explained the extrication process and showed slides. He presented the awards to wear on their bunker gear to Lt. Larry Carson, Lt. Barry Campbell, Lt. Cousins, and Tom Fish, and announced that Mike Hayes and Tracey Barlow are in school. Present at i on of November Beaut i f i cat i on Award to Pers imnon Place. 232 North Ridqewood Ave. - Mayor Mitchum presented the November Beautification Award to Mr. Phil Beloma. Mr. Beloma accepted on behalf of the 48 owners. APPROVAL OF MINUTES Reqular meetinq of October 15. 1990 - Councilman Gold moved for approval of the minutes. Councilman Fish seconded the motion. Motion CARRIED 3-0. CITIZEN COMMENTS Mayor Mitchum advised there's a three-minute rule in effect. Larrv Perkins, 3 Silver Circle, reviewed figures for the Cystic Fibrosis Bikeathons that have been conducted the past 14 years. He said they came in as number 8 throughout the country, second in the State of Florida, and first in Volusia County. Mr. Perkins expressed concern with the recycling program. He referred to the problems at Pyramid Park with the buckets and pick up dates. He noted that many people don't get the New Smyrna Beach newspaper and weren't aware of the dates. He suggested they get the program organized before they go farther. He said $1.60 may be alright for those who are too lazy to turn things in but they're saying whether you1ve been recycling or not, they don't care. He stated he's been recycling since 1974 and won't pay $1.60 for a program that he1s been involved in. He suggested they have a public hearing before they spend 3 or more weeks reading the ordinance and then change it and start allover again. He stated next week he wants to speak on dictatorial aspects of this ordinance. George Naill, 1604 Travelers Palm, stated the recycling program was based on 6,200 residents when they went out for bid and it was bid at $1.46 and they're estimating $1.60 a month which leaves 15 cents per unit or a total of $900 a month, or $1,100 a year. He said that1s a lot of money for administrative costs to process this program. He recommended the accounting be separated from revenue as well as costs as to how much is going into this program in the forthcoming year. He noted it's a one year contract with two one year options and if they use the 15 cents for administrative costs it should be in the accounting system to determine if the recycling program is efficient, and how much is recovered from people in the community. .. u o , CITIZEN COMMENTS (Continued) Joe Martin spoke as a member of the Industrial Development Board, noting his comments don't imply other Board members agree or disagree with what he's saying. He stated that when he was appointed to the Board in 1989 he was disappointed in the 10-year history of previous Councils I failure to open the PID for development. He said he realized they had to wait until the City's water and sewer were available but the electorate didn't grant this opportunity for continued dialogue. He stated for the past two years he's seen Council and administration set the City on a course to correct some of these serious problems, not the least of which is the image the City had in the eyes of the rema i nder of Vo 1 us i a County. He sa i d everyone rea 1 i zes a poor pub 1 i c image doesn't help attract industry or encourage expansion of existing industry. He stated that prior to their election in 1988, he felt the motto of "Hospitality City" should be changed to "Florida's Home for the Malcontent" and he feels they've changed the former image to a Council willing to work collectively for the betterment of Edgewater as a whole. Norman Billups, 1868 Pine Tree Drive, stated they1re celebrating Veterans Day and some weeks ago held addressed Council regarding yellow ribbons to show we havenlt forgotten our troops in the Middle East. He said he has yet to see a single yellow ribbon in the City and hopes they'll move to enact and entice businesses to tie yellow ribbons on their store fronts, and the City to install yellow ribbons on lamp posts and telephone poles. He said the situation looks very bad and they should support the troops and let them know some how and some way that Edgewater supports them through other means, such as letters, etc. Leonard Southard, 210 Wildwood, thanked Council for giving the contract to his corporation. He explained they had a problem at Pyramid with the bins and then they were given bins with the wrong date on them but he personally went out to correct them. He stated they picked up 22 tons of recyclable materials and went back and picked up those they'd missed. He explained for those that want to be exempt with donations to a church, they can use the computer and deduct the $1.45, and checks will be made payable to the church and they're willing to help. Mayor Mitchum advised there will be a public hearing on the recycling ordinance at the first meeting of the new Council. Joan StronQ, India Palm, stated there are yellow ribbons out and Edgewater Florist has some and also the red, white, and blue ribbons. She said they'll give them a yellow ribbon if they come to the shop. GeorQe EwinQ, 2923 Royal Palm, stated they refer to the subdivisions, but this is one City and future Councils should face reality and not refer to different subdivisions. Mr. Ewing reviewed the costs of lots back in the 1970ls compared to current costs and the differences in valuations and property taxes. He stated sewers should not be discussed with land values and the present Council should have taken this into consideration. He said he hopes the next Council will do an equitable and fair analysis and if not, there are drastic alternatives and people are talking about referendum and a lot of other things. He stated a dwelling with 1,500 square feet had an increase in taxes last year of 23% on the valuation and another dwelling in the same area only increased a little over 2% and the person who paid more is going to look into it. He again asked the next Council to consider all these things before they talk about land values. Marv Rosendale, 1807 Queen Palm, stated she1s been recycling for several years and will continue to do it and objects to the fact they'll be forced to deal with Southard's in order to get an exemption. She said they've been dealing with one in Edgewater for the last three years and this almost appears like blackmail and they have no problem with the one they've been dealing with. Alice Murphy, 230 Riverside Drive, said the man doing recycling is being paid $1.45 per person and then sells it and adds to his profit. She asked why they can't say they don't want any part of it and shelll give her items directly to the church. Mayor Mitchum explained that's not the way the ordinance is written. Mrs. Murphy stated she understands in New Smyrna Beach they can opt out. Mayor Mitchum explained these mandates are from Federal and State levels and welre lagging behind. Mrs. Murphy asked the difference in giving it to the man from the Union Church who's been picking it up 5 years. She added she buries her decomposables. Mayor Mitchum replied some people will do it but some won't and they'd be picking it out of garbage. 2 Council Regular Meeting Minutes November 12, 1990 u Q CITIZEN COMMENTS (Continued Alice Murphy (Continued) Mrs. Murphy stated she pays $3.00 per month for stormwater runoff and she's on a high lot. She said they don't know what happened to that money, and now it's $3.00 and $1.50. Mayor Mitchum explained the $3.00 is in the fund for City-wide drainage improvements. Mrs. Murphy asked where it goes specifically because she'd heard it goes to Wildwood. She said she doesn't like the program they've chosen at all. NoraJane Gillespie, 1719 Willow Oak, stated Founder's Day will be this Saturday and it's the 125th anniversary of Hawks Park. She suggested they come to the Library for the slide presentation. She reviewed the other times and locations for the day's activities. She asked they dress the period and join them Saturday for Founder's Day. CONSENT AGENDA Finance Director's request to purchase cash remittance system from sole source supplier at cost of $6,600: Police Chief's request to purchase three patrol vehicles under State bid at cost of $13,727 each: Parks & Recreation Director's request to ao out for bids to resurface 14 courts and recap 2 courts at Kennedy Park Shuffleboard Courts: Requests of Util ities Director, Planninq & Zonina Director, and Police Chief to seek competitive bids for copier machines: Ratification of Supervisors baraaininq aqreement: and Merit Board's chanaes in By-Laws - Counc ilman Fish moved they c lose and accept the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 3-0. NEW BUSINESS Request that City initiate zoninq text amendment and issue a temporary license to Fraternal Order of Eaales continaent on zonina amendment to add semi-public clubs as a permitted use in B-5 district - Mayor Mitchum stated this item has been withdrawn. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Readina: Ord. 90-0-37 Amendina Chapter 19, Sec.19-63, establishina a $1.60 per month fee for weekly curbside collection service for paper, alass, and aluminum and establishina exemption procedures (rewritten) - Mayor Mitchum stated this is first reading and the public hearing will be at the first meeting in December. He read the Ordinance, again stating the public hearing will be held in December. ORD. 90-0-37 - AN ORDINANCE OF THE CITY COUNCIL 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. Councilman Fish stated therel s concern about the exemption procedures and he'd like to TABLE it until they get more input on the exemption procedures. Councilman Gold seconded the motion. Motion CARRIED 3-0. Ord. 90-0-38 Annexing part of Lot 2, Edgewater Country Estates, located West of U.S.1 between Roberts Road and 28th St. to correct prior error in leqal description - This item had been administratively withdrawn. Res. 90-R-61 Authorizing appropriate City officials to execute Agreement with Florida Power & Light Co. to attach low voltaqe, multiple conductor cable to power poles owned by FPL on North side of E. Park Ave. to operate a radio dispatch system - Mayor Mitchum read the Resolution. RES. 90-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 AN "AGREEMENT II WITH FLORIDA POWER & LIGHT, INC., REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 90-R-61. Councilman Fish seconded the motion. Motion CARRIED 3-0. Res. 90-R-62 Appointinq one member to Beautification Committee to replace John Antienowicz - Mayor Mitchum requested nominations. Councilman Fish nominated John Gross. Councilman Gold nominated Tanina Palermo. Roll call on John Gross was 1-2. Councilman Gold and Mayor Mitchum voted NO. Roll call on Tanina Palermo was 2-1. Councilman Fish voted NO. Mayor Mitchum called a 5-minute recess at 7:42 p.m. He called the meeting back to order at 7:47 p.m. 3 Council Regular Meeting Minutes November 12, 1990 u Q . . 1 ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) First Readinq: (Continued) Res. 90-R-62 (Continued) - Mayor Mitchum read the Resolution. RES. 90-R-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the name of Tanina Palermo for an unexpired one year term to end August 6, 1991. Councilman Fish moved they accept 90-R-62. Councilman Gold seconded the motion. Motion CARRIED 3-0. Res. 90-R-63 Repealinq Resolutions 84-R-40 and 89-R-149. procedures, reauirements and fees for reproduction of public records and establishina 15 cents fee for one-sided public records copies - Mayor Mitchum read the Resolution. RES. 90- R-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING RESOLUTION 84-R-40 IN ITS ENTIRETY WHICH REPEALED RESOLUTION NO. 80- R-149; ESTABLISHING PROCEDURES AND REQUIREMENTS AND FEES FOR THE REPRODUCTION OF PUBLIC RECORDS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of 90-R-63. Councilman Fish seconded the motion. Motion CARRIED 3-0. Res. 90-R-64 Clarifyinq intent of Res. 80-R-135 re: Lake Waterford Estates, which straddles City boundary line. to have water service provided by New Smyrna Beach Utilities Commission - Mayor Mitchum read the Resolution. RES. 90-R-64 - A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, CLARIFYING THE INTENT OF RESOLUTION 80-R-135; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 90-R-64. Councilman Gold seconded the motion. Motion CARRIED 3-0. Second Readinq:(Public Hearinq) None 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 - Mr. Johnson had no report at this time. City Council - Councilman Fish stated regarding the site plan for Sonny's near the entrance to Shangri-La, he understands they have some new traffic data and it may indicate the original site plan may have been the best choice. He said based on new information, held like to move they refer this issue back to the LDRA for their review and that the LDRA send back a recommendation to the Council at the first available meeting. He added the LDRA could call a special meeting if they need to. Councilman Gold seconded the motion. Councilman Fish then added to his motion that since they are going to request it go back to LDRA, that there be no reapplication fee. Councilman Gold agreed to include that as the second to the motion. Motion CARRIED 3-0. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS There were no citizen comments at this time. ADJOURN. Councilman Gold so moved. Councilman Fish seconded the motion. Meeting was adjourned at 7:52 p.m. Minutes submitted by: Lura Sue Koser 4 Council Regular Meeting Minutes November 12, 1990 o . . .- . 4 . G"i ATTEST: ~~/~ ~ CITY CLERK . Approved th i s2 C day of j~ '199~ ~~ ~ MAYOR Q j)aA?-~ --25 ~R J) ~~/;J,c COUNC~ONE ONE I~ 5 Council Regular Meeting Minutes November 12, 1990