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03-02-1992 - Regular .... ,..,., CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 2, 1992 MINUTES CALL TO ORDER Mayor Wessler called the meeting to order at 7:02 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Krista Storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Pete Menendez, Edgewater Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of February 3, 1992 - Councilperson Gillespie moved to accept. Councilman Jones seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Doris Hill, Lincoln Road, spoke regarding the financial advisory contract with the City and the personnel study. Hank Daudlin, 215 Meadow Lake Drive, spoke regarding correspondence from Attorney Tom Wright to the City Attorney on the issue of closing the gate at Pine Breeze Drive in the Meadow Lake subdivision. Don Masso, Pine Breeze Drive, Meadow Lake, requested all residents of Meadow Lake receive these letters and spoke about people saying they represent the homeowners. Hank Daudlin, 215 Meadow Lake Drive, stated he represents himself only. Edward Elder, Vista Palm Drive, spoke regarding funds for flags, the number requested, and leaving the flags up for more than two days. He also spoke on the question that arose about his being a veteran. Councilperson Louise Martin presented a gold key to the City to City Manager George McMahon and welcomed him back in good health. CONSENT AGENDA Appointina Michael Tenney as employee member on Merit Board: Request of East Volusia Mosquito Control District to make low level inspections and spray fliahts: Change Order No.2 for $15,733.40 and final payment request of $11.798.34 for Alan R. Thomas wellfield project - Councilperson Gillespie removed item C re: the change order. She then moved to accept the consent agenda minus item C. Councilman Hays seconded the motion. Motion CARRIED 5-0. Change Order No. 2 for $15.733.40 and final payment request of $11,798.34 for Alan R. Thomas wellfield project Councilperson Gillespie requested justification for the difference in cost. City Engineer Gates Castle explained the pit casing unit price and additional grouting required and noted this is also the final estimate for Council's approval. Council person Gillespie moved to accept item C, change order No.2. Councilman Jones seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Proposal for Hammack Enterprises to do personnel study and legally required work for compliance with Federal Americans with Disabilities Act requirements for ~19.640 - Mr. McMahon noted this is not a duplicate of the Griffith study and he reviewed the status of that study and the need for this one. Thomas Hammack had a slide presentation of what the study would entail. Ms. Storey explained a large part of this work is required to come into compliance with Federal Americans with Disabilities Act legislation. ~ ...,.". NEW BUSINESS (Continued) Proposal for Hammack Enterprises to do personnel study and leaally required work for com liance with Federal Americans with Disabilities Act re uirements for $19,640 Continued) Councilperson Gillespie moved to accept the recommendation of the City Manager and City Attorney. Councilman Hays seconded the motion. There was discussion regarding the date for compliance, enforcement of that date, and need for a personnel manual. Motion CARRIED 4-1. Councilman Jones voted NO. Mayor Wessler called a recess at 8:35 p.m. and called the meeting back to order at 8:39 p.m. She requested that the item under unfinished business regarding the f i nanc i a 1 adv i sors contract be moved up to th is time and there was no objection. UNFINISHED BUSINESS Financial aareement with Raymond James & Associates. Inc. and invoices related to the Capital Improvement Plan - Councilperson Gillespie expressed concern that no written consent of Council was received when a member left the firm. Stan Livenaood, Vice President, Raymond James & Associates, spoke regarding the wording in the contract regarding bonds and the State Revolving Fund loans and the question of payment of the invoices for work done the past two years. He also spoke on his involvement with the special assessment process. Councilman Hays moved to accept the recommendation to terminate the agreement with Raymond James & Associates. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. There was discussion about the amount paid to date to Raymond James, with Mr. Livengood noting it was about $30,000. Councilman Jones moved that they enter into negotiations with Raymond James with our staff and theirs and come to an agreement one way or the other of who is right and who is wrong, and if needed to go to arbitration, so be it. Councilman Hays seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted NO. There was discussion about starting the 90 day rundown on the contract and the restructuring of the escrow with the bond anticipation notes. Councilman Hays asked that it be included with the negotiations. NEW BUSINESS Presentation bv Jeff Bracev re: Idle zone in the Indian River Jeff Bracev, Oak Hill, spoke on the cost of tickets for speeding on the river and the need for higher limits for commercial fishermen. There was discussion about recreational activities on the river with Councilperson Martin expressing opposition to increased speed limits. Mayor Wessler requested that Attorney Hal Spence be invited to the next meeting to discuss this because of his work in this area. Mr. Bracey commented on Boston Whaler's permission to speed test boats at 60 miles per hour in that same river. Mayor Wessler suggested Council let Mr. McMahon know if they want to invite someone else. Presentation by Martha Vauahn re: endorsement of Bouchelle property to be purchased by the State because of environmental sensitivitv - Ms. Vaughn requested Council's support for purchase of this land on the Beachside between 10th and 11th Street to the South and back around behind Cedar Dunes for a park recreation area. She noted it was supported by the City of Oak Hill and the Chamber and it's part of Preservation 2000 with about 65 acres upland and the rest is marsh and is 1 ands. Counc il person Gill esp i e moved they endorse the preservation of this for future generations. Councilman Jones seconded the motion. Motion CARRIED 4-1. Councilperson Martin voted NO. Additional Enaineerina services by Dver, Riddle. Mills & Precourt, Inc. for advanced wastewater treatment plant for $145,781 - Councilperson Gillespie moved to TABLE this to the next meeting to be fair to Dyer, Riddle because due to her schedule she wasn't able to pick up her agenda until Thursday night and didn1t have time to research it thoroughly. Dan Allen, Dyer, Riddle, Mills & Precourt, reviewed the various items covered under these charges. Counc ilman Hays seconded the motion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes March 2, 1992 .... ...., NEW BUSINESS (Continued) Appointinq member to Board of Trustees of Police Retirement Fund due to resiqnation of Kenneth Smith - Counc ilperson Gi llespie nominated John J. Borzner, 2720 Kumquat, who has Pol ice background. Councilperson Martin seconded the nomination. Nomination CARRIED 5-0. Request to pay special assessment with expired prepayment discount - Councilman Hays moved for Mr. Munoz's recommendation (not to accept this request or any future requests) as they had numerous meetings, there were articles in the newspapers, and notifications mailed out to people, so there was too much notification for someone not to know. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Discussion and review of code enforcement process in the City per Councilman Jones' request - Councilman Jones spoke about calls he'd received about the current process with patrols. There was discussion about legal requirements with the notification process for alleged violators. Councilman Jones moved they go to the complaint process on a 6-month trial and revisit it at that time. Councilman Hays seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: None Second Readinq: (Public Hearinq) Ord. 92-0-1 Establishinq service charqe for reconnect ions made other than durinq normal workinq hours - Mayor Wessler asked for comments on this Ordinance and there were none. She read the ordinance. Counci lperson Gi llespie moved to accept at second reading Ordinance 92-0-1. Councilman Jones seconded the motion. Motion CARRIED 5-0. Ord. 92-0-2 Establishinq Edqewater Beautification and Tree Committee - Mayor Wessler opened public hearing and requested comments. There were none. She read the ordinance. Councilperson Martin moved they accept Ordinance 92-0-2. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Financial aqreement with Ravmond James & Associates. Inc. and invoices related to the Capital Improvement Plan - This item was moved up earlier on the agenda. See page 2 of these minutes. Meadow Lake Subdivision - closinq of Pine Breeze Drive - Perry Barrett, 602 Indian River Boulevard, explained results of the polls he took of residents in Meadow lake and also in Florida Shores with the majority wanting the gate to stay closed. Councilman Hays moved to go along with staff recommendation and leave it as a public access. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Councilman Jones voted NO. COUNCIL/OFFICERS REPORTS City Attorney - Ms. Storey advised the revised Charter should be available Wednesday afternoon for Council's meeting next Monday. City Manaqer - Mr. McMahon thanked Council for the key. He requested an update on the Transportation Information System. Mark Karet, Director of Community Development, reviewed prior action of Council with passing of a resolution of support to meet concurrency regulations of transportation. He said the City's share to operate the system is about $1,300 with a fee associated for each review. Mr. McMahon noted a comparable service would cost a minimum $30,000 and asked for approval to enter into that. Mr. McMahon noted there's no plan for a bike path along Indian River Boulevard and State planning is involved and we wouldn't want to spend taxpayers money for something that will be done for us. He requested patience from the community. Mayor Wessler said DOT will be in Deland April 1 if they want to talk with them but they shouldn't spend $3-400,000 now and have it torn up later. 3 Council Regular Meeting Minutes March 2, 1992 ~ ..., COUNCIL/OFFICERS REPORTS (Continued) City Council Councilman Jones suggested they request the DOT planning for widening 442 be moved up so we can possibly include the bike path at DOT's cost for a big savings. It was agreed to write a letter to Volusia Council of Governments/ Metropolitan Planning Organization and Department of Transportation requesting the project be moved up on the 5-year program. Councilman Jones requested the Charter Review Committee be sent the revised Charter for review and input before next Monday's meeting or the Committee could call a meeting. Mayor Wessler suggested they attend our meeting on Monday. Councilperson Gillespie moved to nominate Bob Wolfe, who has 33 years in the community, as their candidate for the Volusia Flagler Volunteer of the Year. Mayor Wessler noted she already has one. Councilman Jones seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted NO. Mr. McMahon spoke about a meeting he has scheduled regarding lack of public access into Edgewater Landing and the need for the same access as any other public road in the community unless the roads revert back to the owners. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Hank Daudlin, 215 Meadow Lake Drive, again spoke about the rear access to Meadow Lake subdivision with comments from the City Attorney and Community Development Director regarding previous discussions. Alice Murphv, 230 N. Riverside Drive, spoke about Code Enforcement's involvement when a widow had a yard sale. She also spoke about mowing grass in rights of way. Georae Naill, 1604 Royal Palm Drive, asked when the proposed Charter changes will be ready. Ms. Storey explained it will be about Wednesday. ADJOURN Councilperson Martin moved to adjourn. Councilman Jones seconded the motion. Meeting was adjourned at 10:20 p.m. Minutes submitted by: Lura Sue Koser 4 Council Regular Meeting Minutes March 2, 1992