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12-16-1991 - Regular ./ .... ..., CITY COUNCIL OF EDGE WATER REGULAR MEETING DECEMBER 16, 1991 MINUTES CALL TO ORDER Mayor Tanya Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays City Attorney Krista Storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Arrived later Present Present INVOCATION. PLEDGE OF ALLEGIANCE Pastor Char 1 es Bo 1 dt, Edgewater All i ance Church, de 1 i vered the i nvocat ion. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of December 2. 1991 - Councilperson Gillespie moved to accept. Counc il person Mart i n seconded the mot i on. Counc ilman Hays asked that his comments regarding voter control of taxes on page 5 be added to these minutes. It was agreed to add the excerpt. Motion CARRIED 5-0. Mayor Wessler asked Ms. Storey to speak at this time. Ms. Storey stated she distributed a memo regarding Ordinance 90-0-24 that amended the City Charter and provided copies to Mr. Naill on behalf of U.T.E. and to the press. She stated the issue was adoption of Ordinance 90-0-24 in 1990 which repealed sections 102 and 103 of the Charter and amended Section 74. She said at the December 2 meeting she gave a preliminary opinion regarding the legality of that enactment procedure and said she would provide a written opinion, which they have tonight. She said she did extensive research and her opinion is the ordinance was enacted legally pursuant to applicable sections of Chapter 166. She pointed out the issue raised by U.T.E. was that the only appropriate mechanism to amend a City Charter was referendum, but that does not take into account requirements or applicability of Section 166.021 of Florida Statutes. She noted United Taxpayers cited Section 166.031 which provides referendum provision but that's a supple- mentary provision and there are appl icable sections in 166.021 that provide circumstances where an ordinance is appropriate and thatls the decision of City fathers. She said United Taxpayers cited her and Council to want an Attorney Generalis opinion regarding the City of Tamarac but the facts of that Attorney Generalis opinion are not the same as Edgewater. She explained in that situation the referendum on the whole Charter came before the voters but this referendum in Edgewater in February, 1988, dealt with 3 specific questions and it was not an attempt to ratify and reaffirm the entire City Charter. She said she attached copies of 3 Attorney General opinions that are on points specifying when itls appropriate to use 166.021 and one says 166.031 for referendum is not the only provision that cities may make use of. Mr. McMahon arrived at this time, 7:08 p.m. Ms. Storey continued that Council should put this issue to rest and the ordinance was enacted legally and sections were repealed and the cap on bonding has appropriately been removed from the City Charter and she sees no legal problem with signing the loan and grant agreements and the decision to go forward with the bonds. Councilman Jones stated he's glad this issue is put to rest and they can go ahead with their business. CITIZEN COMMENTS There were no citizen comments at this time. / ...... ...., CONSENT AGENDA Restructur;na of escrow created by proceeds of Sedes 1990 Bond Ant;c;pat;on Notes: Ucense Aareements wHh Flor;da East Coast Ra; lway Company for storm dra ;n cross;na at FEC I S lead track para lleHna Park Avenue and 8" and 12" potable water ma;ns at Park Ave.: Voluntary Cooperat;on Aareement between State Attorney1s Off;ce and Pol;ce Department: Grant;na Flor;da Power & L;aht Company a 10 ft. ut;l;ty easement alona Western edae of access road from S.R. 442 to Alan R. Thomas Water Treatment Plant: Pol;ce Ch;ef1s request to establ;sh a part t;me law enforcement pos;t;on on a voluntary bash so ofHcers can reta;n State cerHfkat;on: F;re & Rescue Ch;ef1s recomendat;on to approve Interlocal Aareement wHh Volus;a County to create Emeraency Powers Advhory Counc; 1: Support of art;f;c;al reef proaram to ass;st arant process w;th Dept. of Natural Resources: Chrhtmas food cerHfkates for CHy employees: Clos;ng of CHy bu;ld;ngs at 12:00 noon on Tuesday. December 24. 1991. Chr;stmas Eve: Self- Insurance ComHtee1s recomendat;on to settle cla;m ;nvolv;ng a colHs;on between C;ty garbage truck and rental veh;cle at P;ne Tree Dr. and 30th St. on October 4. 1991: Redes;gn and construct;on of front counter ;n C;ty Hall Counci lman Hays asked to address item 4. E. regarding the Police part-time voluntary position and asked if this is okay with insurance and liability. Mr. McMahon replied he believes we're adequately covered and the City doesn't have any extraordinary risk exposure. Councilman Hays stated on 4.F. they'd discussed an interlocal agreement with the County and there's a comment about contacting the County Attorney and being informed it's not the County's practice to record interlocal agreements. He said he wants the City Attorney to be totally satisfied from a legal point of view before they finalize this. Ms. Storey stated the recommendation about recording in public records is pursuant to Statutes and she'd talked with an Assistant County Attorney and was told they don't record them by practice. She said if Council approves the conceptual issue she'll transmit those concerns and questions to the County Attorney's office in writing and await a response. She stated the County by Statute is the entity charged with emergency management services and she doesn't know if this is something they want to raise a fuss about and she can work with them on recording but the County does represent us as an emergency power. She added in the future she doesn't want Council to sign something that's not pursuant to State law. Councilperson Gillespie asked if the County procedure does not follow the Statute. Ms. Storey explained inter- local agreements are authorized pursuant to 163 and there's a provision that before agreements become effective they be recorded in public records and it's her position that it be recorded. Councilperson Gillespie stated she discussed this with Chief Vola and it's hazardous materials and civil defense. Councilperson Gillespie stated she favors allowing the City Attorney to enter into straightening out the carte blanch with FEC and would appreciate the railroad telling us a year in advance when they're going to do the work instead of giving us a big surprise as they did with Roberts Road and Ocean Avenue. Mayor Wessler suggested Mr. McMahon draft a letter to request that courtesy. Councilman Hays said the Christmas food certificates for employees are a good idea and good benefit but held hope they'd put into effect more than one merchant in the City to participate because now we're picking Winn-Dixie and perhaps they can allow the employees to have a choice and involve more City merchants as there are more stores in town they may want to use. Mayor Wessler explained the idea was to keep them going to Winn-Dixie in town instead of Publix out of town but she sees no problem with doing that next year. Councilperson Martin pointed out prices are usually rather high unless it's a super market. Mayor Wessler suggested they could give employees a choice of a food certificate for anywhere in Edgewater. Finance Director Fred Munoz explained Winn-Dixie offers a 6% discount to the City, Food Lion gives 4%, and Publix doesn't give any discount, and it's after $500, and the big motivator is because of the discount and itls in Edgewater. Councilman Hays requested they do a straw poll of merchants for next year to see if they want to participate and employees can have the option as they may want to go to Eckerd's to buy Christmas tree lights. Mayor Wessler asked Mr. McMahon to look into this for next year. Councilman Hays asked what's being done to correct the problem that caused the self-insurance claim payment where the driver stopped behind the stop sign and proceeded forwarded and because of a blind spot between the panel and door was unable to see anything coming. He asked if they check previous accidents of the 2 Council Regular Meeting Minutes December 16, 1991 W' ..",., CONSENT AGENDA (Continued) driver and if they go to driver's school if involved in an accident. Mr. McMahon replied the City does check driver's licenses upon application of employment and based on that they hire or don't hire. He said once hired it.s an excellent idea to check anyone1s drivers license on a regular basis for any change in status and the employee should be required as a continuing condition of employ- ment to advise Personnel of any change. He said he's discussed with staff, with Mark Karet as Director of Safety, about defensive driving programs available and what resources we have. He added he's been a part of defensive driving programs and advocates them and on investigation of an accident when the driver is held accountable that should be reviewed in a systematic way. He said they'll look at driver accountability, whether negligence is involved or not, and if so, then another activity besides defensive driving needs to occur. Councilman Hays noted he doesn't want a situation like they had in Central Florida with a bus driver. Councilman Jones agreed with Councilman Hays that every so often they should look at employees I driver's licenses to see they're up to date because if they get a certain number of points, the license is pulled. He added they check this in New Smyrna Beach and they had to take defensive driving courses. He asked if Chief Vola goes through the course and Chief Vola indicated yes. Councilman Jones said personnel need to be trained and licenses checked. Mr. McMahon said they can require as a City-wide policy that each employee certify any change in validity of their driving status and if they fail to do so, the City should assume they have it, and if there1s a doubt they can go through the Police to see, and if an employee lies, he should not be employed here. Mayor Wessler asked if there's money in the budget for redesign and construction of the front counter. Mr. McMahon replied no, but money can be transferred and he and Mr. Munoz made a recommendation. Finance Director Fred Munoz stated they have substantial savings on health insurance and funds can come from that source. Mr. McMahon asked for a motion for that appropriation if they agree. Councilperson Martin so moved. Council person Gillespie seconded the motion. Motion CARRIED 5-0. Counc il person Mart in moved to accept the consent agenda. Counc ilman Jones seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Grant/Loan Proqram administration services to be provided bv Anqie Brewer & Associates - Mr. McMahon introduced Ms. Angie Brewer and stated he and City staff discussed the value of these services and they've checked references and talked with the State and many other cities and will give the status after her report. Anqie R. Brewer, 8466 North Lockwood Ridge Road, Sarasota, introduced her two associates in the audience who would work on this project if chosen. She said she's here at the request of the City Manager, Finance Director, and City Engineer to answer questions. She explained they've been involved in providing services to all major cities and counties on the West coast and this is the first time they've come across the State. She read the names of some of those to whom they1ve provided services and noted some projects are closing out. She said they're not a large firm and these are the primary associates with an adminis- trative person who prepares billings and receives checks. She stated with the SRF loan and State Grant program the people will say Council did a good job on this one when they borrowed money at 3-4% to build facilities they need. She said they.ve been facing progress marching down the West coast and she's spent most of the last 4 years in consulting work serving those communities. She added she understands the agreement process is completed and they beat the critical deadline prior to initiation of a State administrative loan fee that would have been another 3-1/2% fee on top of it. She added this is an excellent savings and she congratulated the City because some communities didn't make it. She explained some rule changes took affect a few days ago that would have meant more red tape and cost a little more. She added they've done a wonderful job, no matter what they do with her firm, and it's a complex program and there are a lot of rules but she's done more than 20 by herself. She said they do labor interviews and help to process payments through the financial system and they don't end up with staff people in a few years that they have no use for. She said they're available and have made arrangements to be here tomorrow morning to prepare the first request for reimbursement that the City's eligible to receive and she'll need the Mayor's and Engineer's signature tomorrow if they wish to proceed. 3 Council Regular Meeting Minutes December 16, 1991 ... .."", NEW BUSINESS (Continued) Grant/Loan Proqram administration services to be provided by Anqie Brewer & Associates (Continued) Mr. McMahon stated the reason he so strongly recommends Council pursue this with Angie Brewer and Associates is this City can ill afford to have its cash flow adversely effected and by getting direct reimbursements as quickly and completely as possible, the City will gain the maximum, optimum amount from the State. He said he believes these people are capable of making that possible and any money spent here would be spent to a much greater extent if they attempt to do it internally and he strongly endorses approving this. He pointed out this will preclude having to hire a construction manager for Florida Shores and there are other implications. He stated Angie Brewer and Associates' references are impeccable and her firm has the best track record in the State and they're very efficient. Council person Gillespie stated Mr. Castle explained the savings factors to her. Councilman Jones asked what recourse the City would have if the "tiS" were not crossed or "i IS" dotted and they Ire pena 1 i zed. Ms. Brewer rep 1 i ed there are steps to certain procedures that need to be followed and all of her clients are concerned about cash flow and they work with staff and consultants closely and facilitate the total team approach. She explained her reputation would be ruined so she'll have a checks and balance system and have procedures to turn the paper work around as quickly as possible because they'll be working in a budget and the City won't tolerate them coming back later and asking for more money if they go over budget. Mr. McMahon stated if Council agrees to this, it would be subject to the City Attorney's working out a suitable contract and she has been working very closely on this and he wouldn't expect that would be any problem. He asked that the motion be conditioned on completion of an agreement acceptable to our City Attorney. Ms. Storey stated she'll bring that back on the consent agenda in January. Counc il person Mart i n so moved. Counc il person Gill esp i e seconded the motion. Motion CARRIED 5-0. Mr. McMahon requested a subsequent motion to permit Ms. Brewer to begin work tomorrow and it will be in the contract because we have an urgency to get grant money we are eligible for now. Councilman Jones moved that they let Ms. Brewer go ahead and start in the morning under the provisions they have in the existing motion. Council person Gillespie and Council person Martin simultaneously seconded the motion. Motion CARRIED 5-0. City Enqineer's recommendation to award contract for testinq services for Alan R. Thomas Water Treatment Plant to Florida Testinq of Daytona in amount of $10.878 - Councilperson Gillespie moved to accept the City Engineer's recommendation. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Parks and Recreation Director's request to purchase Excel Hustler mower for $7.565.42 from Robinson Equipment Company in Mims under GSA contract - Council person Gi llespie moved to accept the Recreation Director I s request. Councilman Hays seconded the motion. Motion CARRIED 5-0. Proposed new Council districts based on 1990 Census - Mayor Wessler stated Mark Karet has the new districts and is available to answer questions. Planning & Zoning Director Mark Karet explained Edgewater has grown considerably since the last time districts were created and the zones are out of balance with zone 1 having 1,800 and zone 4 having 7,000 people. He said to compensate for that imbalance they have redrawn the proposed new districts for the City and these are based on census blocks which account for irregular shapes of the districts. He noted they have straight lines with the current zone map but the census tracts this is based on and census blocks do not follow those boundaries and they follow those that suit purposes of the U. S. Census. He said the census information allows us to know what the population was on April 4, 1990, and in order to maintain the population we1ve stayed with the census boundaries which explains the shape they see. He showed the census tract called 312A from Carol Ann Drive to 442 is one census block and they cannot break it somewhere else more convenient unless they go out and survey because the census does not provide this information in a census block. He said with that constraint they attempted to get boundaries as close to zero deviation as possible. 4 Council Regular Meeting Minutes December 16, 1991 .... .... NEW BUSINESS (Continued) Proposed new Coune; 1 distr;cts based on 1990 Census (Cont inued) Mr. Karet pointed out current deviation was 137% and proposed deviation is .16%. He explained the breakdown shows populations of each district, ages broken down into over 18 voting age, and what percentage of the district they make up, and most is fairly well balanced. He showed a breakdown in race that's generally an important consideration in redistricting but not a major factor for Edgewater as there are no concentrations of minorities and they're fairly evenly distributed. He requested direction from Council as to whether to stay with this and begin developing a legal description that will be put into ordinance form or make some adjustments to the map. Councilperson Gillespie agreed Mr. Karet has an excellent balance but the public response she's received is not favorable and one thing is Cherokee Ridge that runs across the street from her has moved into zone 1. She said according to the U. S. Census, that's fine. but the people are not thrilled although they like zone 1 coming into Florida Shores. Mr. Karet explained this is clear down to 442 and itls the West side of Willow Oak and goes back up to Carol Ann. Councilperson Gillespie stated people have asked if further adjustments could be made to straighten out the lines. Mr. Karet explained he can redraw this map a thousand different ways but he cannot get straight lines. Mayor Wessler asked if they come off the census block if it's moved. Mr. Karet replied every line follows a census block. Mayor Wessler asked how much deviation it would be. Mr. Karet replied he can redraw it but there's a legal question of how much deviation is allowed to be built into that map. Councilman Hays asked how close these numbers are required to be because these numbers are very close. Ms. Storey explained there's no number but the bottom line in redistricting is, is the district equitable. She said if you the population is skewed, the question is why the community come forward with a map like that, is it for minorities, which Edgewater does not have, or are they doing it to create minority pockets, and there are all kinds of factors. She said if this Council establishes their redistricting line and someone from the public feels that's not appropriate, they'll end up in circuit court and the circuit judge will draw your zones. She said she doesn't advocate having a circuit court make the decision for this community. She said Mark Karet has provided very close zones and she is not advocating this map over others but they have technology to create zones that are very close. She said Mr. Karet mentioned that if they wish to deviate from the census tract line that will be additional time and money spent. She added she's not saying they cannot do that but Mr. Karet does not have a GIS system on site and it's a trip to Deland and redrawing and bringing it back to look at it. Councilperson Gillespie stated the numbers are beautiful but the public is saying can we swap one census block for another to straighten it out so people can grasp it easier. She said this serves us for 10 years and our growth has been to the South and she asked if annexation to the South is included. Mr. Karet said the only important date is April 4, 1990. Ms. Storey explained you don't draw your zoning district thinking you'll have 2,000 people move into zone 4 because they may not and you want a one man, one vote type concept and want to be sure people in zone 1 have equiva- lent representation as zone 4. She noted they don't have single member districts but they don't want to dilute the voting power of zone 1 versus zone 4. Councilperson Gillespie stated zones 1, 2, and 3 are filled or built out 90% and zone 4 has potential for growth. Ms. Storey noted that's why you go through this every 10 years. Councilperson Gillespie stated she did not get any positive response to this. Mayor Wessler said they'll go back and do it another way and get calls from different people and the County almost went back to one of their first maps when they tried to take everyone's point and this probably won't get closer or much straighter. Councilperson Gillespie stated she1d like one alternative to this. Mayor Wessler pointed out any issues in Edgewater are represented by all 5 of them. Ms. Storey asked if in the process Mr. Karet utilized to balance districts he added and subtracted census tracts to get those numbers. Mr. Karet agreed. Councilperson Gillespie requested he give them one alternative map with slight shifting. Mr. Karet explained not all census tracts are even in size, some have 12 and some have 350 people. Mayor Wessler asked if anything came any closer than this in population. Mr. Karet replied no, this is the closest map in terms of numbers. 5 Council Regular Meeting Minutes December 16, 1991 '-" .".,< NEW BUSINESS (Continued) Proposed new Council districts based on 1990 Census (Continued) Mr. McMahon urged Council not to go outside and employ services of a redis- tricting attorney because it costs a lot and there's no product as comparable as this because of the GIS. He complimented Mr. Karet on the job he did and his professionalism, noting the political decision and how they draw the lines is Council's decision. Councilperson Gillespie stated there's no problem with she and Councilperson Martin being in the same zone and they knew that a year ago but the problem is what was brought to her from the public to straighten it out. Mr. Karet stated zone 1 will be hard to fix because street blocks are generally the way census blocks work and zone 1 streets are more organic and census blocks don't flow natural. He added he cannot fix a squiggly line. Councilperson Gillespie asked for one alternative map so they aren't going with the first shot out of the bag and people feel they're being run over. Councilperson Martin asked why zone 1 is intruding into 2 and could he go across streets. Mr. Karet replied there are some large census blocks, especially in zone I, and there's no way to break them without physically counting people. Councilman Jones stated Mark Karet did an excellent job and they won't be able to satisfy everybody and it's the census tract and cheapest and it's accurate and could not get closer with population. He said he has no problem with another map if there's no financial problem but he wants to make sure we do not waste taxpayers I dollars because it doesn't matter what zone you are in since it's City-wide voting. He said most people involved in politics will know what zone they're in and where to vote. Councilperson Gillespie asked the fiscal impact for Mr. Karet to get one more from GIS. Mr. Karet replied they'll have to get permission from the County and it should be about $500 to $600. Councilperson Gillespie stated she thinks it's worth it for the public to have a choice. Councilman Hays asked the deadline to have it complete. Ms. Storey replied the current Charter does not provide for when to redistrict but her advice is to have it completed in a reasonable amount of time before time to qualify for election in November to give people the opportunity to see what zone they're in to make their decisions to run for election. Councilperson Gillespie said it's September/October. Mayor Wessler asked if any other Council members got calls on this proposed map. Councilmen Hays and Jones indicated no. Councilperson Gillespie noted Council- person Martin was on jury duty today. Councilman Hays stated he anticipated this and doesn't think there's any way to do it better to get numbers close and fair. Council person Martin moved to accept the proposed map. Councilman Jones seconded the motion. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Ms. Storey po i nted out they'll see th is aga in because it has to be adopted pursuant to ordinance so it will have first reading and public hearing. Councilperson Gillespie noted the public had no input this evening. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 91-R-68 Authorizing application for credit cards from Southeast Bank. N.A.. with $500 limit - Mr. McMahon stated the cards being requested are intended for the City and would be issued to the Finance Department in the name of the City and control of the cards would be from Finance and they'd require documentation of who has it, what it's for, and the person responsible would see it stays within City policy and State laws, like a voucher. He said there's a cost for issuance of the cards but cost benefit is use of the bank's money for less than 30 days if paid within that 30 day time frame. Mayor Wessler read the resolution. RES. 91-R-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE FILING OF AN APPLICATION WITH SOUTHEAST BANK, N.A., FOR A COMPANY CHARGE ACCOUNT AND UPON ACCEPTANCE OF THE APPLICATION AND ISSUANCE OF THE CARDS AGREEING TO ACCEPT RESPONSIBILITY FOR THE CHARGES INCURRED; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Council person Martin moved to approve. Councilman Hays seconded the motion. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Mayor Wessler stated this will save the City money because sometimes they give people $20 and they don't spend it. 6 Council Regular Meeting Minutes December 16, 1991 ~ ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Reading: (Public Hearing) Publ;c Hear;na and adopt;on of Res. 91-R-66 Placement of non-ad valorem assessment on tax rolls - Mayor Wessler stated she was advised that we don1t need a motion to open and close public hearing because it's advertised. Ms. Storey stated this is a resolution the first time before Council but State law sets the tone that the City was required to hold a public hearing for a resolution, which is not normal procedure. She explained this is a formality because Council previously discussed it and determined to proceed forward with this collection method. She said the benefit of using this method is it will come out on the County tax bill and the County will take care of collection and the City doesn't have to implement its own collection procedure or try to enforce the non-payment. She said this method has been utilized by other cities and counties and she's f amil i ar with it and it was very effect i ve in St. Luc i e County. She added they're required to hold this public hearing and it was duly advertised for 4 consecutive weeks in the News Journal and her recommendation to Council is to adopt Resolution 91-R-66 as drafted and comply with the remainder of the Statute to advise the County tax collector and appraiser and Department of Revenue. She noted Mr. Munoz made initial inquires and he and she met with the County and he is taking the lead on that and there will be cost savings on this over what was budgeted and it will save the City headaches as well as insure collections are made. Councilperson Gillespie stated she talked with Ms. Storey and the legal description stays the same and her question was how they would assure names of those that prepay would not be sent to the County Tax Assessor. Ms. Storey explained Mr. Munoz is working with Dyer, Riddle, Mills & Precourt and if you've pa i d, your name wi 11 not appear on the f i na 1 assessment ro 11 wh i ch wi 11 be forwarded to the County to be included on the tax bill for subsequent years. She said that roll will be created and then the assessment roll and once you pay, you1re off the list. Councilperson Gillespie noted they can check with the City if concerned about it. Ms. Storey agreed, adding the public can inspect the final assessment roll. Mayor Wessler requested comments and there were none. She then closed the public hearing and read the Resolution. RES. 91-R-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED IN THE FLORIDA SHORES IMPROVEMENT AREA; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved to accept Resolution 91-R-66. Councilman Hays seconded the motion. Motion CARRIED 5-0. Ord. 91-0-16 Amend;na Sect;on 607.00(c) of Zon;na Code by allow;ng sale of aoods from a factory outlet as an accessory use ;n 1-1 L;ght Industr;al D;str;ct Mayor Wessler opened public hearing and asked for comments. There were none. She closed the public hearing and read the ordinance. ORD. 91-0-16 - AN ORDINANCE AMENDING SECTION 607.00 (C), 1-1 LIGHT INDUSTRIAL DISTRICT, OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING THE SALE OF GOODS FROM A FACTORY OUTLET AS AN ACCESSORY USE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones moved to adopt Ordinance 91-0-16. Councilperson Martin seconded the motion. Councilperson Gillespie asked if this amendment was concerning BAB Bedding and if it will affect any other areas. Planning & Zoning Director Mark Karet replied they initiated it but itls the entire district regulations in 1-1 zones for industrial. Motion CARRIED 5-0. Ord. 91-0-17 Amend;na Sect;on 6-3 of Code to allow the use of battery powered troll;ng motors not exceed;ng a speed of 5 m;les per hour upon any body of water ;n Flor;da Shores - Mayor Wessler opened public hearing and asked for comments and there were none. She closed the public hearing. Councilperson Gillespie moved to accept. Councilman Jones seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Appo;ntment of member to Volus;a Growth Management Com;ss;on for unexp;red three year term (Cont;nued from 12/2/91 meet;na) - Mayor Wessler noted one applicant was added and the City Attorney has said it was okay and she thinks Mr. Hellsten would be a good representative. She requested nominations. Councilman Hays nominated Jack Patrick. Counci lperson Gi llespie seconded. Counci lman Jones noted held nominated Mr. Spengler and asked if Council spoke with him. Council- person Gillespie replied yes and Mr. Patrick is here. Motion CARRIED 4-1. Mayor Wessler voted NO. 7 Council Regular Meeting Minutes December 16, 1991 ...... ...., UNFINISHED BUSINESS (Continued) Appointment ot member to Volusia Growth Management Commission (Continued) Mayor Wessler asked Mr. Patrick to let them know if he cannot attend and also to advise them what's going on. She added he gets paid from the County. Councilman Hays thanked Mr. Patrick for his interest. Councilperson Gillespie noted Mr. Patrick already has a good working relationship with the County. Res. 91-R-64 Plat vacation ot portion ot J. A. Benoit's Subdivision and dedi- cation by John Massey ot right-ot-way to provide access trom Park Avenue to Massey Airpark Subdivision (Tabled December 2, 1991) - Councilman Hays moved to take this question from the table now. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Councilman Hays stated he met with Mr. Massey, Ms. Storey, Mr. McMahon, and Mr. Karet and they discussed future growth and what Mr. Massey wants to do goes along with our environmental goals. He said in the past there has been lack of coordinated planning and working on development and visions in areas of growth and this property is just outside the City and Mr. Massey foresees it will be a part of the City in the future and also agreed he doesn't want the City to inherit any problems. He added when Mr. Massey started planning this development he came to the City and the City wasn1t willing to work with him so he went to the County who cut it up like a waffle grid pattern. He noted Mr. Massey mentioned he tried to put in a cloister area to put some houses here and there and a cul de sac and wildlife corridor and the houses could be part of the City's water and sewer service area. He said in the future he hopes they can be of help to others, not only Mr. Massey, to provide services to people and when the time comes for annexation, that will be great, but they don1t want to inherit problems. He moved to accept 91-R-64. Mayor Wessler read the Resolution. RES. 91-R-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A PORTION OF J. A. BENOIT'S SUBDIVISION; PROVIDING THAT UPON ADOPTION A CERTIFIED COPY OF THIS RESOLUTION BE FURNISHED TO THE VOLUSIA COUNTY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Ms. Storey clarified in the first whereas clause she would like to change it to read the appropriate name of "Massey Ranch Airpark Unit 1" for the subdivision and the other resolution will have that correction also. She said where it's listed as John Massey, the appropriate entity developing the subdivision would be Massey Development Corp and she'd listed that in the resolution as John Massey. Councilperson Gillespie seconded the motion as corrected. Motion CARRIED 5-0. Res. 91-R-67 Accepting dedication ot 100 ft. ot road right-ot-way by John Massey Mayor Wessler read the Resolution. RES. 91-R-67 - A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ACCEPTING THE DEDICATION OF 100 FEET OF ROAD RIGHT-OF-WAY BEING A PORTION OF G. ALVAREZ GRANT, SECTION 52, TOWNSHIP 17 SOUTH, RANGE 34 EAST AND ALSO A PORTION OF LOT 42, ASSESSOR1S SUBDIVISION OF THE G. ALVAREZ GRANT SUBJECT TO THE CONDITIONS THAT THE PROPOSED ROADWAY SHALL BE CONSTRUCTED AT NO EXPENSE TO THE CITY AND SHALL BE MAINTAINED BY VOLUSIA COUNTY AT NO EXPENSE TO THE CITY UNTIL SUCH TIME AS THE ROADWAY IS ANNEXED INTO THE CITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilperson Gillespie moved to accept Resolution 91-R-67 as corrected. Councilperson Martin seconded the motion. Ms. Storey stated another correction in section 3 was a condition that the roadway be maintained at no expense to the City until the roadway is annexed but the roadway is in the City and it should be until the subdivision is annexed. Motion CARRIED 5-0. Mayor Wessler called a 5-minute recess at 8:22 p.m. and called the meeting back to order at 8:33 p.m. City Engineer's recommendations regarding Capital Improvements Program inspection services - City Engineer Gates Castle recapped the construction management and design contracts have been in existence with Dyer, Riddle, since 1989 for all the CIP projects which include the water treatment plant, wellfield, water trans- mission main, wastewater treatment plant, and Florida Shores infrastructure gravity sewers reuse lines. He said to date wellfield resident inspections are performed by Dyer, Riddle and water treatment plant inspection services are being performed by a contract employee and both were previously approved by Council. He said we now need to determine how to do resident inspection for the wastewater treatment plant and Florida Shores infrastructures. He explained they examined different alternatives and the recommendation on the wastewater treatment plant is to contract with Dyer, Riddle to perform the resident inspection services at a fee of $147,616. He estimated for the City to deal with contract employees 8 Council Regular Meeting Minutes December 16, 1991 .-.,. ...., UNFINISHED BUSINESS (Continued) City Engineer's recoDlDendations regarding Capital Improvements Program inspection services - would be $144,100, which is a $3,000 savings doing it in house which is a small savings compared to responsibility the City would be taking on with respect to making Dyer, Riddle responsible for their design and making sure things work. He noted another factor in recommending that Dyer, Riddle perform inspection services on the wastewater treatment plant is that the plant is funded through a loan and a grant and the State has expressed concerns with using anyone other than design engineer to do resident inspection services. Mr. Castle stated for Florida Shores the City can realize a substantial savings by performing inspection services in house and the recommendation is they approve the City hire two contract employees at this time to handle Florida Shores infra- structure resident inspections. He noted there was a recommendation at a previous Council meeting to hire a construction manager but with the hiring of Angie Brewer & Associates tonight to do some of the grant and loan paper work, which was one of the responsibilities of the construction manager, in combination with utilizing Dyer, Riddle to do resident inspection services on the wastewater treatment plant, he will no longer need the construction manager position. He requested they allow ability for him to hire a third inspector if he finds it necessary for the Florida Shores project sometime in the future because there will probably be three phases going at one time for several months. Mr. Castle recapped his recommendations are: that the Dyer, Riddle contract amendment be approved to perform resident project services for the wastewater treatment plant; approve hiring of two contract employees at the appropriate time to inspect the Florida Shores project; approve the hiring of a third contract employee for Florida Shores, if necessary, due to deletion of the proposed CIP construction manager; and to approve use of temporary clerical help, if necessary, due to deletion of the proposed CIP secretary. Mr. McMahon stated the fiscal impact of these costs is less than 2.5% of the total construction cost which he considers excellent for this work and is well below what held expect. He said he thinks the City stands to benefit with the program they have and the type of quality checks and controls they have throughout the program and it will end up an outstanding product. He complimented Mr. Castle for his detail and analysis work on this and complimented Mr. Wadsworth and City staff for working closely with him. He noted there is misunderstanding about the CIP and he and staff will prepare a document within 30 days to summarize facts and he hopes to close the past and go to the future. Councilperson Gillespie said she hopes the cam corder is making a complete record of the CIP with well digging and jack and bore on Roberts Road. Mr. Wadsworth explained itls just the water transmission main now and the wellfield would be redundant and they're getting the jack and bore and construction along Roberts Road daily. Councilperson Gillespie stated this would be protection if weld have a lawsuit on the CIP and they should get something on a daily basis. Mr. Castle stated itls good to have photographs and recording of some critical connections because itls tough to duplicate on plans. He noted the Utilities staff is inspecting the water transmission project and the contractor has some responsibility for it also and is taking pictures. Councilman Hays stated a few weeks ago applications were reviewed and asked if Mr. Castle has picked his 2 or 3 employees, and if so, how soon would they be needed to start work. Mr. Castle replied they advertised for the construction manager position that hels now recommending be deleted and they'll need another type of person for inspector for Florida Shores and will re-advertise and it will be some time until they start because phase 1 has not been let yet. Councilperson Martin moved to approve Gates Castle's recommendation. Council- person Gillespie seconded the motion. Councilman Jones asked how long it will be before they consider approval of a third contract employee, if necessary. Mr. Castle replied Florida Shores phase 1 would be under construction about 6 months before phase 2 comes under contract so theylre looking at about 9 months before the necessity of possibly a third inspector. Councilman Jones said held like to see it before them again in 9 months. Mayor Wessler asked if they want to amend the motion to include it coming before them. Councilperson Martin 9 Council Regular Meeting Minutes December 16, 1991 '-" .,., UNFINISHED BUSINESS (Continued) replied no. Ms. Storey requested that approval include concurrence by the City Attorney for amendment of the agreement because she has not had an opportunity to review it and the motion would be to conceptually approve it and any language changes will be non-substantive. Councilpersons Martin and Gillespie agreed to include that and Council person Gillespie stated everything they pass should clear the City Attorney. Ms. Storey stated these items need to come to her before they go on the agenda and they need more lead time. Motion CARRIED 5-0. Evidence/records storage building located on Northwest corner of City Hall property - Councilperson Gillespie stated the concept is correct and she agrees with Chief Schumaker but at this time she has a problem with disbursing the money and she I d rather wait 30 days to look into it more. She asked Council I s permission to bring it up the first meeting in January or in February as she wants to talk to other commercial contractors to see standard procedures. Mayor Wessler stated she doesn't agree because the City has qualified professionals that look into different contractors and if she were in their spot she'd feel offended that Council doesn't trust her judgement. Council person Gillespie noted she's always been this way and has never taken anyone's word for anything. Councilperson Martin stated this is approval to go out for bids and drawings by Joe Martin and that doesn't mean theylll accept bids but they have to start someplace. Councilman Jones stated this has been before them several times and the Chief's time table is cutting close and soon theylll be taking the evidence room away. Police Chief Schumaker noted it has to be by March. Councilperson Martin moved to accept alternative 1. Councilman Jones seconded the motion. Motion CARRIED 4-1. Councilperson Gillespie voted NO. COUNCIL/OFFICERS REPORTS City Attorney - Ms. Storey clarified that the interlocal agreement for emergency powers advisory is a separate interlocal from hazard materials. City Manager - Mr. McMahon stated the legislative body is going into session in January, which will be early convening, and theylll be dealing with redistricting the same as cities and counties and the Governor's proposal for right sizing the State and there may be local bills they want to see done. He noted the process he1s familiar with is dealing directly with the County legislators and preparing an agenda and setting an opportunity to meet, especially with the chairman of the de legat ion, and present the agenda before they meet, and then track it through these people and local contacts. He said if they have a hot or key issue they want to pursue, he feels they should actively do that, such as remodeling taxation and putting it in a home rule basis, and he's asked staff and interested citizens to review that and make some recommendations and give input. He added the Florida League of Cities is asking communities to endorse the resolution that taxation efforts be delegated to municipalities in home rule powers and that has far reaching implications because it allows taxes to be voted at a local level. He said time is short and he's asking them in January to bring an agenda for the local delegation and they should schedule that meeting as soon as possible and then set up the process for tracking. Councilman Hays said held like to pursue some of the things they've brought forward, especially from Florida League of Cities, with recommendations on environmental policies, tax reform, and bottle bill. Mr. McMahon said he'll follow up on that. Mr. McMahon asked Chief Vola to report on the community rating system and its effect on every citizen. Bill Vola, Chief of Fire & Rescue Services, stated several months ago Mr. Munoz requested he review the national flood insurance program and enroll the City in a rating system and based on points they get for programs in house, forms, and public information material dealing with floods and building in flood prone areas, they'll reduce the premium of flood insurance. He said that application had to be at DCA December 15 and they got it off in plenty of time. He said if DCA views our application in a positive light weill see a reduction of 5% in premiums of flood insurance issues in this community and if we continue with the program we could look at a maximum of 50% reduction in flood insurance premiums in the City. 10 Council Regular Meeting Minutes December 16, 1991 . r .... ...., COUNCIL/OFFICERS REPORTS (Continued) City Manaaer (Continued) Mr. McMahon stated he's asked Chief Vola to put together an updated emergency disaster plan for the community which would be usable and practical, including transportation networking throughout the City with major reroutings with u.s. 1 and FEC with trains and possibility of chemical spills and other accidents that could create hazardous problems. He said the Chief has done a significant amount of work and it's now a matter of coordinating with the County. He compliments the Chief on the leadership he's taken on this. Mr. McMahon stated the traditional way of dealing with problems that come up in a community quite often was to use the department head to resolve it and often lack of communication between one department and another or limited resources is a problem. He said a flexible way of dealing with this is use of an IIA Teamll, or IIR Teamll, which is a resolution team accountable for resolution of the problem. He said he intends to use this type of team, no matter what department is involved to get the problem solved, and it works very well. He added it was a creative idea he got from industry and it's been used very successfully. Mr. McMahon stated he's been here about 6 weeks and is very complimentary of City staff and enjoys working in the community and working with the residents, contrary to whatever controversy they had in the past. He sa i d the past is behind everyone and he sees a tremendous potential for the best community he knows of and he's lived in 16 communities and worked in several. He added this potential can be realized with the professional staff they have which has been excellent in cooperating with him and he enjoys working here. City Council Councilman Jones stated the concepts the City Manager brought to Edgewater are our concepts as a Council and he knew we have a great staff and now we have a leader to bring us through some difficult times and he thinks Mr. McMahon is a joy to know and we're lucky to have him. Councilman Jones wished everyone a Merry Christmas and said it's been a joy working with everyone this year. Councilperson Martin stated she's glad Mr. McMahon likes us because we're getting along fine with him. Mr. McMahon stated McMahon's Truths are what he believes and what he said tonight, he believes. Councilperson Martin commended Jack Corder and his people for the good job with the parade and Santa's house and she knows Councilperson Gillespie did a lot of work also. She said it was a beautiful job and helll do better next year. Councilperson Martin wished everyone a Merry Christmas. Councilperson Gillespie stated the City will take an estimated loss of $11,615 from citizens receiving refunds from Southern Bell. Councilperson Gillespie complimented the Recreation Department on the lights on 442 and the parade and Santa's house. Councilperson Gillespie stated she represented Council at the impact fee seminar in October and had informed them the cost per new home was estimated at $1,405 and an article in the paper is they're recommending more than double that. She asked Council's permission to let Mr. McMahon respond before the County Council makes a decision because if almost $3,000 impact fee is put on a new home they'll have problems with people taking out building permits. Mayor Wessler said Mr. McMahon can investigate it and report but if they put $3,000 impact fee here or in Port Orange, people will move one place or the other. Councilperson Gillespie stated they won't come to this County, and the Chamber found out the Builders Association and Board of Realtors were not aware this study was under way. She said she talked to the City Attorney who said they'd adjusted down to make it more palatable elsewhere and perhaps Council should look at a figure like this. Mayor Wessler requested Mr. McMahon do a study and get back to them. 11 Council Regular Meeting Minutes December 16, 1991 .... ." COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie wished them all holidays, no matter what their beliefs. She said shelll fly to London January 8th and return on the 19th and will provide staff where she'll be, but she will be here the first meeting in January. Councilman Hays congratulated the efforts of everyone on the decorations and the parade and said it was an excellent job and they got a lot of nice comments. Mayor Wessler apologized to Harry Jones for not being able to make the Citizens Council Advisory Committee meeting because her daughter was in a first play. Mayor Wessler invited Council to the Water Authority luncheon here on Wednesday at noon as Edgewater is the host city. Mayor Wessler asked if the date is set for meeting with the builders. Chief Vola replied everything's in the works but the date is not set. Mr. McMahon noted Chief Vola has been active and has involved him in at least one situation. Mayor Wessler stated the man from Edgewater Elementary wants to put "Edgewater" on the girls softball team and hels not asking for funding, just the name. No objection was expressed. Mayor Wessler also thanked Jack Corder for the good parade, noting Norm Billups was unable to attend but said it was a marvelous job. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, wished everyone a very Merry Christmas and Happy New Year, and on behalf of many citizens, especially Shangri-La, wished them the very best. He said he was happy that they approved the firm tonight and the lady did a good job on her remarks on the CIP funding. He said he's always known the City has a good staff but we needed a good City Manager and City Attorney and this City Council to bring it out and they've done that. ADJOURN Councilman Hays so moved to adjourn. Councilman Jones seconded the motion. Meeting was adjourned at 9:12 p.m. Minutes submitted by: Lura Sue Koser C--j /- --z..-/' / ATTEST: ~fj/~~ - CITY CLERK / APPxoved this ~ day of ~--.- , 199.2- . ,(/ - ~~~~U~-i(~~",~\G~~1J MAYOR \~ . 12 Council Regular Meeting Minutes December 16, 1991