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11-18-1991 - Regular .... ---. CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 18, 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 Present Excused Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend David Trimmier, Indian River Presbyterian Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Spec;al Meetinq of October 28. 1991 - Council person Gillespie moved for approval. Councilman Hays seconded the motion. Motion CARRIED 5-0. Reqular Meetinq of November 4. 1991 - Councilperson Martin moved to approve. Councilman Jones seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mike Landry, 2120 South Ridgewood, Belmont Plaza, Southland Music Company, requested approval to have live music for his grand opening which will have fund raising for the Middle School and High School bands. Mayor Wessler explained Mr. Landry had called and was told he had to be on the agenda but was not told he should submit it a week before the meeting and it1s planned for the 30th. She asked if Mr. Karet had any objections and he indicated no. Ms. Storey indicated there was no problem. Council person Gillespie moved to allow. Counc il person Mart i n seconded the mot i on. Counc ilman Jones asked what band wou 1 d be there and what hours. Mr. Landry replied it will be until about 7 in the evening. He explained he's discussed this with store owners in the Plaza and they all consented to it and there will be a variety of music with country and religious, etc. Councilman Hays asked the impact on the Police Department. Chief Schumaker questioned how helll raise funds. Mr. Landry replied they'll sell raffle tickets and they're not in it to make a profit. Chief Schumaker stated a raffle sponsored by the school that's non-profit is one thing but unless he's acting as an agent for the school and they're the prime sponsor, it could be a problem. Mr. Landry explained there will be gifts from his store and others will give away items. Councilman Hays asked how it would be handled if one of the store owners says Mr. Landry forgot to ask him and he objects to it. He reques ted someth i ng in wr it i ng. Mr. Landry agreed to br i ng someth i ng in tomorrow. Mayor Wessler suggested the stipulation be he bring in something from the other owners that they don't have a problem with it. Councilperson Gillespie noted raffle laws are unique. Ms. Storey pointed out he has to comply with all City and State regulations and this is only permission to hold the event. Councilperson Martin asked if they'll purchase the raffle tickets. Mr. Landry replied he and other store owners will give away gifts and members of the band rnmmittpp frnm thp Mirlrl1p <::rhnn1 wi 11 wnrk with thpm_ rnllnri 1nprc;;nn M<lrtin <lc;;kprl '4W' ..."" CITIZEN COMMENTS (Continued) Michael Landry (Continued) permitted in B-5, but even there there's a time frame and a number of conditions. Ms. Storey noted Council approval is subject to conditions. Motion CARRIED 5-0. Mr. McMahon requested a sketch plan of what he is doing with the event and what will take place. Harry Jones, 3035 Tamarind, stated he's a member of the Citizens Council Advisory Committee but is not authorized to speak for the Committee, he's using it only for identification. He stated the Committee has only 5 members instead of 7 and 2 have never been to a meeting and he's only been to one. He explained there have been problems with getting a quorum and since the Chairman and Vice Chairman have res i gned, he recommends the Mayor and Counc il have a secretary ca 11 a special organizational meeting where they could nominate and elect a Chairman and Vice Chairman and go on with some of the necessary duties. He said there were never any by-laws for this committee and they should be done. He suggested that at this organizational meeting that the ones present constitute a quorum, no matter what number is there. He asked that the Council member who recommends someone for the Committee should poll them to see they'll be ready, willing, and able to function with this committee. Mayor Wessler asked if he wants a joint meeting. Mr. Jones replied he'd like it but he's not speaking for the Committee. Councilperson Gillespie stated Lisa had a problem contacting her nominees because they work and some want to meet during the days and some do not. She stated the Committee is full and it's a matter of coming up with a suitable time and they were given authority to decide a convenient time. Mayor Wessler suggested a jo i nt meet i ng wi th Counc il and the C i t i zens Counc il Adv i sory Commi ttee and perhaps draw up by-laws. No Council member objected. Mayor Wessler asked that the City Clerk's staff coordinate this. Dominick Fazzone, 302 Paradise Lane, referred to the News Observer editorial last Saturday regarding the City Manager and the editorial last August regarding CIP financing. He said the CIP was the #1 item the citizens wanted to see resolved and it's been going on for 5 years and this Council finally did it. He noted the original cost to the citizens was over $4,000 per family and this Council trimmed it and demanded the engineering firm give them a Ford instead of a Cadillac which would give them the same kind of service and the final cost came down to $2,626 over a 20 year period. He referred to costs at Bethune Beach compared to Edgewater. He said the City has a full time City Attorney and she's there to give advice when requested and they have a new City Manager and he has an able staff and a good Council to work with and the paper says to give him a fair shake. He said his tax bill is $570 and he pays Edgewater $135 and the rest goes to the County. Mr. Fazzone commented on the capabilities of the Police Chief, Carl Overstreet, Mark Karet, and Fred Munoz, noting Mr. Munoz helped pull them through the last six months and deserves a thank you. He stated the City is going to have a bike path or walk from the beginning of the City to the end and he walks there every morning. Mr. Fazzone stated they had problems with the developer in Shangri-La for 5 years and the City wouldn't bring it into the City and this Council held a special meeting and got all the people together and they ironed out the difficulty and are no longer fighting each other. Mr. Fazzone stated the County MPO knows that Edgewater's on the map and didn't know it until the last year. He thanked Council for the many things they've done for the many people in Edgewater, noting some things could have been done better. Norm Billups, 1868 Pine Tree, stated he met with the new City Manager and asked him to do everything he can to give the City good, honest, fair government, and met with the City Attorney and he feels we're very fortunate to have these two n~w ri+i7~nc nn hn~~~ W' ...., CITIZEN COMMENTS (Continued) Alice Murphy, 230 N. Riverside Drive, spoke about the deterioration of the quality of life in Edgewater, especially the view along Riverside Drive. She said the only lots grandfathered in are lots of record if they were non- conforming and the only ones on the East side that were lots of record were those bu il t upon and a 11 others be long to the up 1 and owner. She referred to a neighbor1s contact with the County to separate the lot to make it two and she has to pay $500 more because of riparian rights with 10 feet to the water. She spoke about development of lots along Riverside Drive and her prior contacts with Building Officials. She stated that destroying the view is destroying something in Edgewater, not just for those that live on the street, but for everyone. She referred to someone's new survey to the River with a fishing shack built on the property. She stated the whole section except lots that were of record when 880 was formed should be zoned conservation. Ms. Murphy then spoke about speeding on Riverside Drive, which she calls alternate U.S. 1, early in the morning and about 5:00. She said a Police Officer watched the traffic and every other car was speeding. She thanked the lady in the Police Department for sending someone to clean up a cat that was killed because of a speeding car. Mayor Wessler stated someone will look into it and there's speeding allover Edgewater but we have only a certain amount of Pol ice officers and they do a good job. Ms. Murphy stated people got permission to fill in about 3-4 years ago and now that's supposed to be cancelled. She referred to the end of Hardin Street and the man was refused permission to build when she was on Board of Adjustments. She said he blocked the view and she can't understand why he got permission. Mayor Wessler explained she thinks it was a non-conforming lot and he had to build out of the line. Ms. Murphy asked if it was of record prior to 880. Planning & Zoning Director Mark Karet said he understands it was non-conforming. There was further discussion regarding the distance from the River and the stringent guidelines imposed from Mr. Karet's department. Mayor Wessler stated a 2-year old girl was killed over the week-end on Roberts Road and the funeral will be $2,600 and the family needs financial assistance. She asked staff to arrange an account, perhaps at Southeast Bank, for donations. CONSENT AGENDA Police Chief's request for $338.00 from Law Enforcement Trust Fund to purchase two wireless microphones for use with two mobile camcorders: Request to solicit bids for vehicles for DARE Officer and Planning Department: Edgewater Volunteer Fire/Rescue Association's request to use property in front of Fire Station #1 at 1605 S. Ridgewood Ave. for selling Christmas trees: Public Works Director's request to purchase trash loader vehicle under State bid from Carlisle Ford in the amount of $48.750: Release and Liabi lity Agreement for Gran Central Corporation property in PID zone: Amendment of FOOT Memorandum of Agreement - Highway Maintenance - Councilperson Gi llespie asked to have item E (Gran Centra 1) pulled for separate ballot. Mayor Wessler requested a motion to approve minus item E. Councilman Hays so moved. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Release and Liability Agreement for Gran Central Corporation property in PID zone Councilperson Gillespie stated she doesn't see going any further with this or spending any money at this time on this project. She noted they're looking on this for a conservation type area but we don't have any interested industries and they should look around for other opportunities for industrial development. She added there I s property to the South and they shou 1 d look at it. Mayor Wessler stated shel s attended some of the economic development meetings and Edgewater tends to gain more than any other city because we have prime area down Park Avenue but we don't have services and we have to see what we have to do to move forward. She referred to ideas for development such as allowing people certain credits if they put in their own services to save the City money and then repay them from impact fees from other owners as it develops. She noted young +...........:,.:_~ ...._"""........, ......... n......+__.... n___..... _~ T.:....._"..:,,_ &_~ ___1.......___-1- __.... I:'....__._._..._~ '-" ......, CONSENT AGENDA (Continued) Release and Liability Agreement for Gran Central Corporation property in PID zone (Continued) Councilperson Martin stated when they discussed this the last time they asked that it be pinpointed where industrial areas are or what can be gained. Mayor Wessler stated she's seen some interested businesses through the Chamber but we have to show them and others in Volusia County that we want this in Edgewater. Councilperson Gillespie stated we desperately need PID developed but not this location and we need to go forward on PID planning and bring industries here but she doesn't agree with Joe Martin that this is the prime area to invest in. She added we don't own the land and we had trouble with the Comp Plan and there was a hold up and she feels they should push to develop to the South end of town to tie in with existing industry. Joe Martin, Chairman of Industrial Development Board, stated Council person Gillespie said it's better used for conservation but the land use element of the Comp Plan was changed by the consultant from PID to conservation because of hardwood. He said the consultant erred and the issuels been resolved and it's PID and requires 70% of open space. He stated County Manager Tom Kelly authorized the Department of Environmental Management to do an environmental assessment to determine flood probabilities and hardwoods and the only thing lacking is the agreement with Gran Central which says the City will not hold them liable if anyone gets hurt or there's any damage done in their walk through for the assessment. He pointed out there's no money involved, perhaps she was thinking of the appraisal. Councilperson Gillespie asked if he'll come back to Council if it's feasible to go forward with the appraisal. Mr. Martin said the results will come to Council with a summary report and options, such as if the land should be developed, what type of development, if owned by the City, the City use it for effluent, or if it's better as a private venture or public- private combination. Councilman Jones stated they need to look into industrial development and it1s not easy to bring industry into a community and they have to be innovative and bring in ideas for new industry. He pointed out if it's not feasible, they can pull back and look elsewhere, and the Community College is in that area and perhaps they could tie in with that. Councilman Jones then moved they approve. Councilman Hays seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Location and funding for Florida Highway Beautification Grant Application for 1991/92 - Mr. McMahon stated they met with the Beautification Committee last week and asked them to spell out priority direction and Jack Corder looked at the median strip and funding. Parks & Recreation Director Jack Corder stated he looked at the plans for the grant and they included 3 median strips located at Indian River Boulevard and U.S. 1. Mayor Wessler referred to the problem last year when the application wasn't submitted and that nobody knew what the plans called for. She said she1d requested to apply jointly with New Smyrna Beach and we sent the letter but didn1t follow up and New Smyrna Beach is filing alone. She added the plans showed the strips in the middle of the City and she asked Gates Castle if they can get it done by February 1 and he didn't think it could be done by then. Mr. Corder stated he talked with Mr. Castle about additional engineering for that end of town and explained this to the Beautification Committee and they came up with a plan of applying for the three median strips we have plans for, if Council agrees, and City staff devise a master plan for all the median strips. He said they'd look at a volunteer program to do beautification work when the master plan is in effect to have guidelines. He pointed out no funds were budgeted for this project and they can do some modifications with the application. He said he heard we didn't get the Urban Forestry Grant and those funds could be transferred over as the matching share to apply for those funds. He explained the prior application had the Fire Department watering these areas as needed and he'd like to change the application +n rn",';nll'l^V\ """,..+_rnr- +h......... ...~" .....-. ..J__.!____-I .!_ ..LL~ 1:__..1._____ ___-I...L_ _. .1 I ...... ....., NEW BUSINESS (Continued) Location and funding for Florida Highway Beautification Grant Application for 1991/92 (Continued) Councilperson Gillespie reminded Mr. Corder they went to CCNA on this and said she likes the idea of getting rid of annuals and going with native xeriscaping. She suggested they might be able to use the protected species of cactus that has to be removed from the sewer plant. Mayor Wessler asked if he wants permission to apply for the grant. Mr. Corder rep 1 ied he wants direct ion on proceeding. Council person Gi llespie moved to accept the sheet he presented them th i seven i ng and 1 et Mr. Corder and Mr. McMahon and the Beatification Committee take it from there because it looks like a good start. Mayor Wessler asked that the Beautification Committee come before Council and ask when they apply for the grant because she doesn't think this Council would have approved these strips. Mr. Corder explained none of the members of the Beautification Committee were on board when this took place and in December, 1989, the Committee addressed it and they were aware of it. Councilperson Martin moved to let Jack go ahead with this. Council person Gillespie seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie stated Mrs. Ver Way advised Arbor Day will be the third Saturday in January and to put it on the calendar. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: Ord. 91-0-16 Amending Section 607.00 ecl of Zoning Code by allowing sale of goods from a factory outlet as an accessory use in 1-1 Light Industrial District - Council person Gillespie moved to accept the City Manager's recommendation. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the ordinance. ORD. 91-0-16 - AN ORDINANCE AMENDING SECTION 607.00 (C), I-I 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. Ord. 91-0-17 Amending Section 6-3 of Code to allow the use of battery powered trolling motors on watercraft upon any body of water in Florida Shores - Mayor Wessler read the Ordinance. ORD. 91-0-17 - AN ORDINANCE AMENDING SECTION 6-3, FLORIDA SHORES - WATERCRAFT MOTORS PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO ALLOW THE USE OF BATTERY POWERED TROLLING MOTORS UPON ANY BODY OF WATER IN FLORIDA SHORES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Counci 1 person Gi llespie moved to accept the City Manager's recommendation. Councilperson Martin seconded the motion. Councilman Jones stated he talked with a Marine Patrolman who thought it was a good recommendation but advised they'll be coming out with high powered electric motors and they should limit the size. Mayor Wessler explained one gentleman has been fishing there for years and our Police Officer told him not to do it any more. She suggested they ask Mark Karet to look into the size of the motor. Councilman Hays asked if a speed limit is needed because trolling is slow. There was discussion about the possible speed with a trolling motor. Mr. McMahon suggested it be equipment of 5 or less. Councilperson Gillespie amended her motion to read 5 or less. Councilperson Martin amended her second. Council person Gillespie stated staff can research it before second reading. Motion CARRIED 5-0. Res. 91-R-61 Appointing one member to Beautification Committee due to member's inability to attend meetinas because of work schedule - Mayor Wessler stated one of the reasons for changing as they discussed at the prior meeting was to set a limit of when to receive applications. Councilperson Gillespie suggested they proceed on the standard procedure until staff has a recommendation ready. 1'_11_......:1___ II_a._ _...._.1._-1 L..-. -1____1..1... L____ _ ____L'_.__ "oL'. "I. ..... . W' ...." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) FIRST READING: (Continued) Res. 91-R-61 (Continued) be a good representative. Councilman Hays said when they had 3 or 4 appointments he called 1 or 2 and didn't get in touch with all of them and the only person left would be someone he didn't have the opportunity to speak with. He said if there are 3 appointments, they should have 6 or 8 applications. Mayor Wessler suggested they could postpone. Councilman Jones nominated Richard Roberts with 19 years experience in the nursery business. Mayor Wessler read the Resolution, inserting the name of Richard Roberts for a term to end August 6, 1992. RES. 91-R-61 - 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; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved to accept. Councilman Hays seconded the motion. Motion CARRIED 5-0. Res. 91-R-62 Urqinq local leqislative deleqation to adopt a Beveraqe Container Deposit Bill - Mayor Wessler stated Councilman Hays was very active at the Florida League of Cities meeting last week. Councilman Hays said it was an education and the resolution is self-explanatory, it was discussed at the Environmental Quality Committee in Tallahassee and they feel adoption of this resolution by cities across the State will encourage legislators to consider sponsoring such a bill. Mayor Wessler suggested the City Attorney write a letter of support to Volusia Council of Governments. Councilman Hays said all cities should follow suit and Ormond Beach has a representative on the Committee. Mayor Wessler read the Resolution. RES. 91-R-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, URGING THE LOCAL LEGISLATIVE DELEGATION TO ADOPT A BEVERAGE CONTAINER DEPOSIT BILL; PROVIDING FOR READING BY TITLE ONLY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hays moved to accept 91-R-62. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Councilman Hays suggested they leave a copy of the Resolution for the citizens' support. Mayor Wessler commended Councilman Hays for sitting on this board and the great job. SECOND READING:(PUBlIC HEARING) (None) UNFINISHED BUSINESS Meadow lake - Gate across Pine Breeze Drive (Continued from 10/21/91 meetinq at request of Homeowners Association) - Mayor Wessler stated after they discussed this she met with Perry Barrett and his idea is if we fix the drainage on the East side of Meadow Lake held agree to have flag lots where we want a cul de sac. She said she discussed this with Mr. Castle to see if we could do the drainage work and Mr. Castle said that1s not our land, it's the homeowners I , and the County has jurisdiction on it so we can't touch it. She said after talking with Mr. Karet, flag lots are not what he would recommend, held recommend a cul de sac only. She stated the issues of drainage and cul de sac and the gate are separate and speaking as the Mayor, she1s not willing to strike any kind of deal because they're separate issues and there's no leverage here. She said the gate should not have been put up when it was, it's a public road and everyone's tax dollars go to support it, and based on legal advice from the attorney, the Council decision should be in the best interest of everyone in Edgewater. She said it's no longer a technical or legal decision, they're looking at a political decision and she hopes they'll make it not based on political popularity. Councilperson Gillespie stated she considers it a health and safety decision. Councilman Hays stated he got the same correspondence others did and was under the impression there were drainage easements and he has a plat that shows those _'"'101-_....._.....+,.. ...._" '.'_11'" 1':1",_ l"~ v_.-.......&....... .......,_1_':_ .&.L':_ l'_a~_a_ 1.'___'_.._ __':...1 .&..1-_a__I_ -- ...." UNFINISHED BUSINESS (Continued) Meadow Lake - Gate across Pine Breeze Drive (Continued from 10/21/91 meetina at request of Homeowners Association (Continued) There was brief review of a plat that Councilman Hays had before him. Mayor Wessler stated Mr. Castle told her the ditch was not City maintained. Councilperson Martin stated at their last meeting Mr. Wheeler was to go back and have a meeting to decide if they would take care of the road if we left the gate up. Councilperson Gillespie stated they could agenda the flooding and bring it back as a separate issue if needed. Mayor Wessler explained she asked Mr. Giorno to talk with Clay Henderson and staff to have a meeting with our staff to hash it out and he agreed he would if she would direct the City Attorney to write them a letter so they can decide who owns Roberts Road, who will fix the drainage problem before we accept it, and whose mosquito lake is behind Mr. Wheeler's ditch. She said when they get that back they'll put it on the agenda, perhaps in December. Councilperson Gillespie asked if the flooding between Whistle Stop Park and Meadow Lake is resolved. She said she walked around another area and looked at the boxes and the County wouldn't allow a swale area and part of that flooding is due to design of their sidewalk on Roberts Road. Mayor Wessler stated they need a decision for the gate to come down or stay up and Mr. Barrett did not indicate willingness to cul de sac that property. Councilperson Martin pointed out Ms. Storey gave a legal opinion regarding this problem. Ms. Storey explained her opinion is this gate has two issues: the gate presents a liability issue, they have a public road with a locked gate and emergency services for Police and fire is a real concern, and the second item is the issue of public funds and this is a public road and the accepted plat showed it as a publicly dedicated road with two entrances to that subdivision and she's concerned about closing off access to a public road. She stated her opinion is unless Council can identify some health, safety, and welfare issue that would move beyond her concerns that gate should be removed. She added there may be ways to deal with concerns of the homeowners and one of the reasons they had deferred this was to allow Meadow Lake Homeowners Association time to address the issues and determine what they would be willing to do. She said she's talked with Mr. Wheeler several times regarding this issue and it may be helpful to hear what the home owners have talked about. Mr. Wheeler stated there's a language barrier between the homeowners and Perry Barrett and he understands this plan he presented was all that he would approve but he'd agree to doing away with the street there and enlarging those three lots, and the majority of the lot owners approved to pay the share to take care of shutting off the rear entrance of Meadow Lake. He asked Council to consider taking this off the agenda until they can get with the County and see about the flooding in the back and keep this plan in mind and keep the gate up until this is taken care of. Mayor Wessler stated Perry Barrett agreed to flag lots only if drainage was done and Mr. Karet has objections to flag lots. Planning and Zoning Director Mark Karet stated lots 31, 32, and 33 as described do not meet the Code and part of lot 30 would have to be given up to meet minimum criteria, but even with that being done, the staff has objected to this arrangement. He explained we have water and sewer lines that run from Pine Breeze Drive to 28th and this will place those lines under private property but a cul de sac keeps them in public right of way. He added we can get easements from those individuals and have the right to go in, and when he talked with Utilities Director Mr. Wadsworth about this he had a number of reservations because individual property owners could still come back to Council complaining about driveways cracking or settling and the City would continually be in the process of not being able to please people when we had an alternative of having it in a public right of way. rl'\lI"""'~ 1n__roo__ f''':' 1___':_ __.:.....&._..J _...L .LL_.. __..L _ _~_~ 1:____ 1..1__ ^______-L__ _ _ _1_ _1__ "W' ...., UNFINISHED BUSINESS (Continued) Meadow Lake - Gate across Pine Breeze Drive (Continued from 10/21/91 meetina at reauest of Homeowners Association (Continued) the developer told them there was only one entrance and the other one was for emergencies and if they take the gate down, everyone can travel through. Councilman Hays pointed out part of Mr. Wheeler's concern was speeding because a lot of the residents like to exercise and walk around the neighborhood. He asked the speed limit there. Mr. Wheeler replied 20. Councilman Hays stated the decision of what they can legally do is already done and he presumes the gate will have to be opened. He asked if they can help relieve the speeding problem, perhaps with a speed bump or lowering the limit. Mr. Wheeler said they can't use speed bumps because of wheelchairs. Mayor Wessler noted there are State requirements on stop signs. Mr. Wheeler said people bought expensive homes and they were told there would be no through traffic and he asked Council to abandon that part of the street and let them close it off. Councilman Hays said he understands the concerns and the quality of 1 ife they want there and he'd be angry if he 1 ived there. He added the decision will be difficult but he sees no other choice and is sorry but they have to do what's right and legal. Mayor Wessler suggested perhaps what they save on the cul de sac they should invest in an attorney and go after the developer. Councilman Jones stated Meadow Lake is a nice subdivision and he's proud of it and would like to work out a resolution to the problem. He noted there wasn't a problem until we closed the road at Whistle Stop Park and when we stopped the through traffic there everyone started using Meadow Lake. He noted wheelchairs and bikes can go around speed bumps and he doesn't want speeding there because people have got accustomed to that way of life and they don't want to worry about children in the streets. He said he's sorry it has to come to the legal matter. Mayor Wessler asked if the road at Whistle Stop Park could be opened. Parks & Recreation Director Jack Corder replied no, because he had to put a berm to stop the flooding to Mr. Barrett's property. Councilperson Gillespie suggested they could work on the road when they work on the flooding problem. Mayor Wessler stated the President of the Homeowners Association is the owner of the development and asked if he has to turn over the presidency to the homeowners at any certain time. Ms. Storey replied it's according to their by-laws. Mr. Whee ler stated the property was deeded to the homeowners. Mayor Wess ler suggested he meet with the homeowners association and find out who's in charge of the property and perhaps the City and Meadow Lake can open the road at the ball park and the City will work with them as much as they can. Councilman Jones asked why the road at Whistle Stop Park was closed. Mr. Corder explained it was never a through road originally, it was a cut through area and people started using it as a roadway and kids used it for a race track at high speed. Mayor Wessler explained it's the ball field that abuts the drainage ditch of Meadow Lake. Councilman Hays said it's the border of the park. Mr. Corder said the berm was to stop the drainage problem and they started speeding there and they thought with programs they had there they had to put a stop to it and as a result it's not usable as a road. Counc il person Mart instated she thought the homeowners wou 1 d come back wi th whether they would maintain the road instead of taxpayers if they persisted they wanted the gate to remain. Mayor Wessler said 80% of the homeowners agreed to it. Louis Panico, 330 Pine Breeze, said he has 3 and 5 year olds and there wasn't a ball park and school there when he moved in and he's happy to see them but the access has to be on the side where recreation is. He added they're willing to give up the easement to make that a thoroughfare instead of their area. He proposed the gate stay closed until they can rectify it because Mr. Barrett is capitalizing on this confusion and creating infighting and raising revenue to _......1. ..... . . .... ......& L ~ _ _ .: ..L. . _ .L .: _ _ I I _ _ ..J ..J _ ..J ".1._ n _ __ __ _ .L.L L _ _ _" _ _ _ _ -.I ..! __ 1:: _ _ .L _ ...L ..! _ __ _ 1:: '-" .... UNFINISHED BUSINESS (Continued) Meadow Lake - Gate across Pine Breeze Drive (Continued from 10/21/91 meeting at request of Homeowners Assoc;ation (Continued) it being platted. Ms. Storey explained the plat she reviewed clearly indicates that road goes all the way through to 28th and she didn't see any indication of emergency access only and there's no indication in City records it was to be closed. She said she spoke with Mr. Coleman and when she asked him if he understood the road at 28th was to be for emergency vehicles only, he said no, and she asked if it was paved all the way through in error, and he said no, requirements of the City at that time were for two access ways into that subdivision. Mr. Panico stated part of his lot was taken over by the lake and on the main County record it showed not a through street but he doesn't know if it's the same thing they're looking at. He added people are already speeding because they've heard it was opened. He said he doesn't see where liability would exist because it hasn't this far and he had trauma with chlorine poisoning and medics had to reroute and it was about 1-1/2 minute delay. He questioned trying to make good time on a sand road compared to coming down u.S. 1 to Roberts. He said the fire engines have bolt cutters and could cut locks. He said they'd like Mr. Barrett to relinquish home ownership to them and drainage problems are from the swale and houses up stream. Ms. Storey stated Councilperson Martin asked if the homeowners were willing to take over maintenance of that entire road and Mr. Wheeler's question was if they were willing to pay for installation of a cul de sac but she doesn1t know if the question was asked about the whole roadway. Mayor Wessler asked if the majority are willing to pay to make it a cul de sac. Mr. Wheeler said he'd say each one of the lot owners are willing and they only need 54%, then the rest will have to pay also. Ms. Storey stated there are a couple of alternatives to vacate the back portion and because of Code requirements you cannot just stop it and a cul de sac be put in and perhaps the entire roadway could be vacated and become private property and the homeowners be responsible for the entire system and the City is out of any liability. Councilperson Gillespie stated lines run there. Councilman Hays stated if we vacate the entire roadway and property owners were willing to assume that responsibility another issue brought up was liability of emergency response fire and rescue to citizens there and relieving the City from any action should that road be taken up and property owners assume responsibility for that roadway and a year later you have a heart attack and this delay would cause litigation. He asked what responses were received on that. Mr. Wheeler explained the rescue squad would come down Roberts Road to the South entrance. Councilman Hays pointed out it would depend on where the truck was when the call came in. Mayor Wessler asked Chief Vola how many times he's come down that road and tried to get through and had to turn around and go the other way. Fire & Rescue Chief Bill Vola stated the only incidents he's aware of were shortly after the gate was installed and they hadn't been notified it was installed, with an instance of chlorine positioning and they had to go back around to get to the home, and a heart attack and that was EVAC coming from another location down another street. Mayor Wessler called a 10-minute recess at 8:50 p.m. She called the meeting back to order at 9:16 p.m. Councilperson Gillespie stated she needs Council permission to close out the Warren account and give them the $4.21. Mayor Wessler said there1s no objection. Ms. Storey stated after consulting with various staff members the recommendation of staff is that the cul de sac is the most appropriate mechanism to resolve the legal issue that was created by the gate. She noted they threw out the possibility of vacating the entire roadway and homeowners maintaining it because that's an extreme method of handling it. She said the recommendation is the gate be removed and Mr. McMahon and she be directed to coordinate with Perry Barrett, +ho n\a.n.o.V' ",of +hnC"'o. ~rI';n';n';nn In....r "!"t.++^"'+_,.I hu ...,,_ _II' "'_ ,......_ ...._,.1 .........._......_... ..._ ."., ....., UNFINISHED BUSINESS (Continued) Meadow Lake - Gate across Pine Breeze Drive {Continued from 10/21/91 meetina at request of Homeowners Association (Continued) Don Gillespie, 1719 Willow Oak, stated he looked at the road to try to figure a way out and listened to the scanner with Police trying to get to the ballfield and they do need another access there from Roberts Road to the ballfield for emergency access and that's why he brought it up. A gentleman in the audience stated it's 28th Street. Councilman Hays stated the recommendation is to open the gate and speak with Mr. Barrett on building a cul de sac and when that's done, that would be closed to public access and dedicated to the property owners, and at the same time look for another street to go between 28th and Roberts Road, whether the East or West side of the park, wherever we can work out access. Ms. Storey stated the cul de sac will remain as a City road right of way. Councilperson Gillespie asked where the cost 1 ies for a cul de sac. Ms. Storey repl ied the homeowners. Councilman Hays stated the City will maintain the street and cul de sac and there would be one entrance and one exit off Roberts Road. Ms. Storey explained they would vacate the remainder between the cul de sac and 28th and it would revert back to the adjoining owners and we would not need an easement with a cul de sac. Councilperson Gillespie asked if they could work on a Whistle Stop road whether the 100 feet right of way from the railroad or where the existing mess is. Councilman Hays suggested perhaps the West side of the park. Mayor Wessler suggested they investigate the berm first. Councilperson Gillespie requested a report in about 60 days. Mayor Wessler requested a motion to accept the City Attorney and City Manager.s recommendation. Councilman Jones so moved. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Mayor Wessler stated the gate will be opened and directions can be given at the staff meeting. Councilman Jones noted the problem is solved if the cul de sac is put in. Mayor Wessler pointed out Mr. Barrett may not agree to it but they'll try to contact him tomorrow. A gentleman in the audience asked if they can wait to take the gate down until the cul de sac is done. Mayor Wessler explained there are 100 residents and that road is maintained by City tax dollars with about 15,000 other residents paying and it1s legally not wise to keep that road closed. She added they'll work as quickly as possible to solve the problem but the majority will lay on Mr. Barrett's shoulders. Councilman Jones asked if the speed limit should be addressed from 20 MPH. Mayor Wessler pointed out it doesn1t matter what sign you put up, they'll go 30-40 MPH, and the key is to have the Police available to watch. Councilman Jones noted speed limit on his street is 10. Mayor Wessler stated the speed limit is lower than 90% of the City now and the residents need to take extra precautions. Cheryl Panico, Meadow Lake, stated 20 MPH is fine if they do it, and asked if they should take license numbers and call the Police. Police Chief Lawrence Schumaker stated any citizen can sign a complaint. Mrs. Panico asked what happens if Mr. Barrett says no. Councilperson Gillespie said they.ll notify the homeowners association. Mayor Wessler suggested the homeowners keep in touch with Art Wheeler and the City will keep in touch with Mr. Wheeler also. Mrs. Panico stated Mr. Barrett wrote to Council and said he wouldn1t agree to the cul de sac until the City takes care of the East side and he's manipulating them. Mayor Wessler pointed out they cannot tell Mr. Barrett what to do with his property but can ask him to comply to make the homeowners and the City happy. Mrs. Panico asked if there's any recourse. Mayor Wessler replied it's up to the homeowners. Mrs. Panico stated he refuses to meet with any of them. Mayor Wessler explained our City Attorney and City Manager will act as liaison and will try to work with him. Mr. McMahon asked if there are any written promises by the developer. Mrs. Panico replied no, they went on faith. Council person Gillespie asked if anyone corresponded with Mr. Coleman from out of State to get C"nm.o+h';W'\n ;n h.",';+;nn U""'Il"__ 1.I_rr1__ r~..,.""_~ ~ ___....,_.........._ ._..:" 1__L. _.... ........_ .....___ ...... ..,., COUNCIL/OFFICERS REPORTS (Continued) City Manager Mr. McMahon stated his first item concerns the CIP construction plan confirmation and he's asking this be deferred until they reconcile the costs as he thinks there are other impl ications they discovered today when they met with DER off i cia 1 s on the grant. He added schemat i ca 11 y he has no prob 1 em wi th the program and he'll likely recommend it if they can afford it and he'll bring it back early in December and Gates Castle is aware not to miss the time table. Mr. McMahon stated his second item is consideration of a draft letter to be submitted to the County Council and staff regarding implications of the Massey development on the water and sewer system of Edgewater. He said the City's spent considerable money phasing out environmental problems with septic tanks and developing a proper collection and water and sewer treatment system, and Massey development proposes 22 lots adjacent to the City and we believe the County should have conferred with the City or directed the developer to confer with the City to connect to the system. He said they will ask in the future that the County direct any developer adjacent to the City to do this and they'll send this letter tomorrow if Council approves. Mayor Wessler stated she has good relations with the County Council and staff tends to have this territorial problem and sometimes it's best to handle this with politicians and she can go to the County Council meeting. Councilman Hays stated he spoke with Mr. Giorno and he requested a letter be sent because he had no knowledge of any of this situation and wanted a letter with our objection. Mayor Wessler agreed the letter should go to the County, noting Mr. Giorno gets a letter on everything he does and he wants a letter on Roberts Road, but she wants to talk with the County Council all at one time. She said we have a service area South of the City and an interlocal agreement we've been working on with them and we thought that was part of the service area but it's not. She added rather than sending a letter we can try to use political persuasion and ask them to connect when our system is on line. She noted she sent a letter on the Bethune Beach system. Councilman Hays stated he objects to what the County allowed here and we've spent a difficult year settling the concept for a better qualify of life for Edgewater with septic tank abandoning, returning effluent back to the houses, discouraging shallow wells, and at our back door, the County is allowing people to do this. Mayor Wessler noted that's staff. Councilman Hays pointed out that at least two of our staff have objected weeks ago. Mayor Wessler noted that months ago Councilman Jones went over and it was already done. Councilman Hays stated they may not be ab 1 e to correct th i s but he wants the signa 1 to be sent. Mayor Wessler noted it's not in the best interest to take an adversarial position. Councilman Hays stated State guidelines are the County should have contacted us. Councilperson Gillespie asked if the Mayor will hand carry it to the next County Council meeting. Mayor Wessler replied yes, and ask them to accept it. Councilman Hays agreed. Councilperson Martin stated she doesn't think it should just be hand carried, it should be on record that we are questioning this problem. Mayor Wessler stated she can take a copy to give to the Council but it should be faxed and given to them before the meeting. Councilman Jones referred to the meeting he attended with Mark Karet regarding the Massey project because of calls he received from Wildwood complaining the project was flooding them. He stated we need to let the County know our posture and put Council on record and this letter should be sufficient to do that. Councilperson Gillespie stated we've sold our citizens on what the County and State have said about septics and saving environment and this is supposed to be a high class subdivision and what builder would put in septic tanks and wells when he's adjacent to our lines. Mayor Wessler stated Edgewater is probably the lowest income-wise and Bethune Beach and the Fly-In people are higher income. Councilman Hays stated the County Council will take the heat for misjudgment of their staff. Council person Gillespie stated the letter is excellent. Mayor Wessler requested a motion to send the letter. Councilperson Gillespie so moved. Councilman Jones seconded the motion. Mr. McMahon said the Mayor could sign the 10.++0.'" ~..,rI rlnl~\I^,^ .;.... .:_ ....&..._ .........,.... ......&.&__-L.!.._ ..__. ,..~...~_.!,________ ,,~,,___._ ,.,. ..., COUNCIL/OFFICERS REPORTS (Continued) City Manaqer (Continued) and putting everything in order for the finance plan were left to be authorized by Mayor and City Manager and the question came up under the grant and they need to reso 1 ve that. He recommended the elected officials be made aware of each of these decisions and take appropriate action. He asked they review it before they pass that CIP and provide a resolution they want. Mayor Wessler asked if they can have a resolution the next time. Councilperson Gillespie said if that were the case in the past, they would have not had to spend money on audits. Mr. McMahon requested Council action on the bids for the City's health insurance that was hand 1 ed by the broker of record, Jack Ascher 1. He exp 1 a i ned 26 insurance companies were contacted and it was narrowed to two and it's in the economic interest to recommend they approve Blue Cross/Blue Shield with the option by the employees of selecting HMO. He pointed out this plan will have a cost reduction of $116,800 to the City effective December 1 and the benefits are somewhat improved with instead of 70/30, it would be 80/20, HMO option is in this plan, and employees will see a 9.82% reduction in the cost to them. Councilperson Gillespie moved to accept Mr. McMahonls recommendation, and staff has done an excellent job with Mr. Ascherl' s assistance. Councilman Hays seconded the motion. Councilman Jones asked the savings. Mr. McMahon replied $116,800. Finance Director Fred Munoz replied itls 22-26% reduction. Mr. McMahon apologized for putting this on after the agenda was prepared but it's due December 1 and the representatives are here if there are any questions. Carol Blaqdon, from Jack Ascherl's office, pointed out the Blue Cross/Blue Shield portion is medical only and Mr. Ascherl's recommendation for dental and life AD & D is through Guardian. She explained there's a modification under life and AD&D and the life rate is 22 cents per thousand and for an additional 1 cent you get triple indemnity on common carrier accidents, such as airplane, taxi, or bus if someonels killed. She said the AD&D rate of 4 cents is non-occupational and if someone were injured on the job, it would not be covered. She said they currently have occupational with Principal and would want to continue that and that would be about 10-1/2 cents and it's a good life and AD&D rate. She said for the primary care physician they are currently discussing this with Dr. Hugh Jones on Third Avenue and there be may one other one. Mayor Wessler stated they were talking about a 9% decrease for the employees and now they're adding this and will it still be a 9% decrease. Ms. Blagdon stated she didn't know if they were just considering the medical portion. Finance Director Fred Munoz explained the savings is based on health insurance because life and AD&D is not applicable to dependents. Ms. Blagdon stated it compares to Principal's plan so itls probably a wash out. Councilman Jones asked if an employee can choose any doctor they wish under Blue Cross/Blue Shield. Mark Linton, account representative from Blue Cross/Blue Shield, replied under the HMO portion you pick a primary care physician and that can be changed within the year if it's seen the patient cannot work with that physician. He said with the PPO there are 6 of the 7 hospitals and about 70% of the physicians in Volusia County in the network and people who use those will receive 80% and those who use doctors not in the network will receive 70% after deductible. Councilman Jones asked if there's an updated directory issued to employees and if Fish Memorial is one. Mr. Linton replied every hospital in Vo 1 us i a County IS in the network except Humana and they I ve entered into an agreement with them to accept the payment in full so they won't balance bill the customer. Councilman Jones asked what expense would he have up front if he went to Dr. Jones. Mr. Linton replied $10 co-pay for HMO for doctor's office visits and if they choose PPO, the doctor is allowed to charge them any applicable deductible they have not met and the co-insurance amount. Councilman Jones asked about prescriptions. Mr. Linton replied $3 for generic and $5 name brand for PPO and $5 and $10 for HMO. -- .....", COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie asked the City Attorney how soon they can see the sign ordinance because it's been null and void for 13-1/2 months. Councilperson Gillespie stated she asked two others to join her with the County on the BAC working on the Halifax Sunshine Cycling Series and May 9 she'll be asking for help. Council person Gillespie stated the food collected tonight will go to Urban Ministries and Southard's is going right next door. Mayor Wessler stated the beautification grant was a disturbing issue and it showed lack of communication between departments and Mr. Overstreet was handling median strips and had no idea of what median stirps were to be done and who would do it and when. She referred to lack of follow up when someone doesn't call back. She added they could have missed out on a lot of money this year and staff should react and not wait for people to call back because they probably won1t. Mr. McMahon explained he's trying to bring logical functions under the appropriate department heads to reduce red tape whenever possible. He said the maintenance of medians was recently assigned to Jack Corder, which isn1t a discredit to the person who had it before. Mayor Wessler said she1s not picking on Mr. Overstreet and it didn't trickle down and this is not the only issue in the City, there are a lot of communication problems and no one has been on top of it. She said when she was in Tallahassee she spoke about building require- ments in the City, and if welre going to enforce sewers and reuse, and they could have an ordinance that says when you build you put in a low volume flush toilet and reuse lines to your house so you don't have to do it later. Councilman Hays stated at Pine and 28th they took care of the stormwater problem when they built the house and extended the culverts and ran it the distance of the lot and now the people don1t have to mow a ditch and since half of Florida Shores is still to be built out, that could be addressed now. Mayor Wess ler stated they don I t want to s it on anything, and they ask for something and don't hear about it, and they should be kept informed. Mayor Wessler stated she'd asked the Building Department to have a meeting with builders and wants to have it soon. She noted they waited for the operations audit to see where it would fall, but it's still under Mr. Vola's direction, and the order is being given to have the meeting to see how to streamline their process and work with them and perhaps be a role model in this County. Mayor Wessler stated they need a joint meeting with Mr. McMahon about some of the ways codes and building regulations are enforced and she disagrees with Mr. Vola on some issues where people were in business for years and now we say it's not legal. She referred to a lady who cannot cook breakfast without a fire extinguisher in a hood vent and the same restaurant was cooking steak dinners and french fries and spaghetti last year. She stated the City has to go by safety but these our local residents and we want to work with them. Councilman Hays stated they should be given a reasonable deadline. Mayor Wessler stated they protect and stand up for department heads with some issues but sometimes they feel staff can bend on things and she referred to a fire inspector coming to her parentis businesses and working with them. She stated another business cannot get a C/O and the business has been running for 2 years and now cannot get a license. She added these types of things give us a bad reputation and they don1t want to break the stick, just to bend it a little and work with these people. She said they can have a special meeting on giving direction to Mr. McMahon. Councilman Hays suggested a workshop on some of this. rnllnriln~Y'c:nn r:.illo<.:"n;o <.:"llnn.o.C"+arl ::Jl +nh,n 1TI.l"'l.l"'l+;nn ""'Il~ +h^ul,.l r"'....~,.I ....&.._,.,1,.1 .....~..._ __..... "- ... COUNCIL/OFFICERS REPORTS (Continued) C;tv Counc;l (Continued) Mayor Wessler stated on December 12th redistricting is before County Council and she'll get them information on time and hopes theylll attend. She said Mr. Karet has been going and Ms. Storey and Mr. McMahon could go with them because that's the last time they have to vote on it. Councilman Hays asked when they'll look at it for Edgewater. Mayor Wessler replied Mr. Karet can use the County's GIS and we should have something at the second meeting in December. She added there's a section in our Charter to have a Charter amendment every time you redistrict and the way the County and other cities do it is to vote on it as a Council and it saves expense of a special election. Councilperson Gillespie noted they're going to special election on the Charter. Mayor Wessler stated they can suggest pulling it out when they go with the Charter to avoid expense of any further election. Councilperson Gillespie said the Charter can be amended by ordinance but then goes back to the ballot. Mayor Wessler stated there's a Growth Management Commission meeting tomorrow night and she'd appointed Gigi Bennington who has not attended one meeting. She said they're allowed 3 unexcused absences, and Mrs. Bennington didn't attend the first one, the second one she was unexcused, and the third, and she sent them a letter stating she wouldn1t attend this month. She said she talked with Pete Hellsten and he said held start going after this as a spectator because we cannot remove her from the board. There was brief discussion about the removal process. Councilperson Gillespie stated Mr. Hellsten can turn in for his per diem since he will observe on behalf of the Council. Mayor Wessler stated Veterans Day had some confusion and it was suggested they write to current veterans organizations and get names of people and she suggested Jack Corder, a Councilmember, a citizen, and two veterans, with a 5-member board that meets for Memorial and Veterans Days and anything that goes on at Veterans Park would have to be approved by majority of that board. She said she was given the names of Harry Jones and Sam Mancini. Councilperson Gillespie recommended Councilperson Martin because she's past president of American Legion Auxiliary. Councilperson Martin agreed to accept. Mayor Wessler suggested any interested citizens submit an application and they'll be appointed at the next meeting. Ms. Storey stated the resolution to establish it will be at the next meeting. Councilperson Gillespie stated there was a request to move the veterans monument outside the Community Center to Veterans Park. Mayor Wessler asked Ms. Storey to look into that and bring it back on the 2nd. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Al Beckman, 217 Meadow Lake Drive, asked about the status of Publix at the corner of U.S. 1 and Roberts Road and if water drainage is holding it up. Planning & Zoning Director Mark Karet replied ground breaking should be before March and there were delays with Publix getting design done as they changed engineers in the middle of the project, but no delays with staff or any other regulatory agency. He said they indicated last week they'll apply before the end of this month. Mr. Beckman stated his property backs up to the swamp and water IS extremely high and is inviting a disaster, and they'll have water in their house with a big rain. He asked if the water drainage has been taken care of with Publix. Mayor Wessler replied yes, and our staff and County staff will work on drainage problems in that area. Norm B;lluDS stated a few years ago the Industrial Development Board President assured him they'd have a standard operating procedure for when a business wants to start in Edgewater. He said it should have the names of people and what nprmit", thpv npprl ;:Inri whn tn c::"'''' ;:Inri it I.,nlllrf ni\l'" +h", h;:oc::ic:: +" <:+;:0"'+ ;:0 nOl., '-'" ..., Signature page for Minutes of City Council Regular Meeting held November 18, 1991. ATTEST: (J~!~~ Ap'Qroved th i s ~ day of (#"'J.J- , 199..1..-. , \ r .."-_:' , ~~.,' ' , " \ ,,' '-. '~, \a ''''-Y'' ,,~j.\.. ,'\'L~'0-- MAY R oJ ~,~ , ~,.~. I") ~L, l ycJ C'1-- .~!--_._._., -1~'!.-// j/h /y') ('" COUNCILMAN - ZONE FOUR /" .' ~ 4~