08-05-1991 - Regular
'-"
""W
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 5, 1991
MINUTES
CALL TO ORDER
Mayor 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
Interim City Attorney Nikki Clayton
Acting City Manager Fred Munoz
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was
a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Verbatim Transcript of Regular Meeting of June 5. 1991 (As requested July 1.
1991) - Councilman Hays moved they approve the minutes. Councilpersons Martin
and Gillespie seconded the motion simultaneously. Motion CARRIED 5-0.
Regular Meeting of June 17. 1991 - Councilperson Gillespie stated she wants to
clarify on page 5, she had made two separate statements that she'd resigned as
a member of the Steering Committee of UTE but she is a member because she's a
taxpayer and she so stated that and the tapes showed both. She so moved for
approval. Councilperson Martin seconded the motion. Councilman Hays asked for
an explanation on page 5. Councilperson Gillespie said it should say she's a
member but resigned from the executive board. Motion CARRIED 5-0.
Special Meeting of June 24. 1991 - Councilman Hays stated on page 14, the last
page, adjournment should be corrected. Councilperson Gillespie stated she made
the second and she then moved to accept the minutes of June 24th as corrected.
Councilperson Martin seconded the motion. Motion CARRIED 5-0.
CITIZEN COMMENTS
Edward Elder, 2415 Vista Palm, spoke on the lack of adequate markings on handi-
capped parking spaces at Huntley Jiffy and Roam's parking lots. He referred to
Statutes, length of time the stores have been there, and the condition of the
Winn-Dixie Plaza's lot striping. He asked that they get this corrected because
it's too faded to be seen. Planning & Zoning Director Mark Karet noted the
Statute referred to is 316, the Uniform Traffic Code, and the City's parking
requirements are contained in the zoning ordinances and are generally enforced
when someone creates a new structure through site plan approval or when making
a change to an existing structure we make them bring the building up to Code.
Councilman Hays stated he1s familiar with the problem and it's difficult to tell
it's handicapped parking in front of the meat market. He asked if it was once
designated, can they have it brought up to what it once was. Mr. Karet replied
yes, the Code as it was at that point but the handicapped spots are fairly new
from when it was built. He added they can pursue it if requested to but it will
be a change of policy. Councilperson Gillespie said they should bring it up to
snuff and paint the lines. She suggested they ask them to put the sign up, but
don't cite them. Mr. Elder stated Huntley was sold to Little Champ and this law
came into effect in 1986. Counci lperson Gi llespie referred to outstanding
violations against Huntley Jiffy. Mr. Karet noted they haven't applied for
transfer of the occupational license. Councilperson Gillespie suggested they
give them until they finish to enforce it. Mayor Wessler suggested they ask him
to do it. Ms. Clayton stated occupat i ona 1 1 i censes are not a regu 1 atory
ordinance but are a revenue ordinance. There was discussion about an ordinance
being written and Ms. Clayton noted an occupational license change doesn't give
jurisdiction to the City. Councilperson Gillespie stated we1ve adopted FS 316
totally and have so many parking spaces per building and capacity of buildings,
and could that apply. Ms. Clayton stated making a request is a reasonable
approach and if they need more stringent measures I they can come back. No
Council member objected. Mayor Wessler asked Mr. Karet to handle that.
....
.."""
CITIZEN COMMENTS (Continued)
Henry Dardinski, 2704 Sabal Palm, asked if personnel salaries would be on the
agenda. Mayor Wessler replied she had that study done and had it placed there
for public review. Mr. Dardinski stated he feels the comparison chart is
misleading and if they're going to compare departments, they should remember
there are hundreds of cities in the State and not compare to neighboring cities,
it should be those with comparable population, budget, personnel, and description
of duties. He referred to how it was handled in Massachusetts and suggested they
compare hazards involved when they compare Police and Fire salaries.
CONSENT AGENDA
Fire Lieutenant's request to purchase 500 ft. of 5" diameter supply hose for
enaines at cost of $2,854.50 from Safety Equipment Co.: Recommendation to chanae
fund source for brush chipper to come from refuse equipment reserve fund instead
of unappropriated fund balance - Councilperson Gillespie asked for a report to
Council from Chief Vola on the first item as she'd heard the justification
earlier. Fire & Rescue Chief Bill Vola stated the purpose of the 5" hose is to
move 1 arge vo 1 umes of water over distances and the 1 arger diameter hose is
necessary for that movement. He said the hose is approximately 1984 and the
apparatus it will be placed on is being revamped now and the air bottles and
cascade and other items will be used to update that vehicle. He explained it
will be used as a multi-role vehicle because they cannot afford to have 4 pumpers
and have some sitting not used and this wi 11 make the vehicle much more
efficient. Councilman Jones asked how much 5" hose we have now. Chief Vola
replied 1,000 feet, 500 on engine 1 and 500 on engine 2, and this will be engine
4. He added the following year they hope to purchase 500 feet on engine 3, and
it was supposed to be 1,000 feet purchased this year but Mr. Johnson wanted it
split out over years. Councilman Jones stated with 5" they have less friction
loss and it's real good. Councilman Jones moved to accept the consent agenda.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
NEW BUSINESS
Adoptina policy reaardina wastewater connection fee of $150 to be waived for
persons in special assessment district - Councilperson Martin asked to extend
this to tomorrow's meeting (August 6). Councilman Jones stated in the past they
said if it's hooked up within 90 days, it will be waived, and he sees no problem
with that. Councilperson Gillespie stated if they're going to do it for Florida
Shores residents they need to change the ordinance and do it free for anyone that
hooks up within 90 days, otherwise you Ire giving them something for the special
assessment. She said it. s not in the paperwork because it was assumed this
Council would follow the same as the former Council. She said Mr. Wadsworth had
explained the lateral would be done by the contractor as they come down the
streets. She stated they have to be careful they're being fair to both sides
and she feels they should waive for anyone in 90 days. Councilman Jones asked
how many they're talking about that would be waived outside the district.
Council person Gillespie replied they have building permits for 36 now with Woods,
so 30 wou 1 d be a rough est imate. Mr. Karet agreed that' s a good est imate.
Councilperson Gillespie said she had no problem and they could amend the
ordinance but if they do it for one, they do it for others. Utilities Director
Terry Wadsworth explained the difference in collecting the connection fees is
between existing and new units and Florida Shores units are existing. He said
laterals will be located concurrently with construction and accounts have to be
set up and they won't have the same impact as with a new house when they go and
locate the lateral and set up the account and process paper work. He added they
could extend the privilege to Thomas Street and those that are not hooked up
and we will require them to. Councilperson Gillespie stated thatls a good point
and she has no problem with postponing it until tomorrow. Councilman Hays asked
if they can continue it over because it addresses the issues tomorrow night.
Councilperson Gillespie moved to continue this to tomorrow's board of
equalization. Councilperson Martin seconded the motion. Motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS, AND RESOLUTIONS
First Readina:
Ord. 91-0-8 Repea1ina Ord. No. 89-0-36 in its entirety which prohibited soundina
of Railroad train horns and whistles between 10 p.m. and 6 a.m. at all public
at-arade crossinas havina train activated automatic traffic control devices due
to order to Florida East Coast Railway Company by Federal Railroad Administration
Mayor Wessler read the Ordinance. Ord. 91-0-8 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 89-0-36 IN ITS
2 Council Regular Meeting Minutes
August 5, 1991
~
..."
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading:
Ord. 91-0-8 (Continued) ENTIRETY WHICH PROHIBITED THE SOUNDING OF RAILROAD TRAIN
HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6;00 A.M. AT ALL PUBLIC AT-GRADE
CROSSINGS HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Councilperson Martin moved they adopt the ordinance as directed. Councilperson
Gillespie seconded the motion. Motion CARRIED 5-0.
Res. 91-R-32 Appointing two members to Citizen Code Enforcement Board due to
resignation of Rkhard Kozlowski and expiration of term of Maureen Borner (Tabled
Julv 1. 1991) Councilperson Gillespie moved to bring it off the table.
Councilman Hays seconded the motion. Motion CARRIED 5-0. Council person
Gillespie said she misunderstood what she voted on before on how the appointments
are set up. She said she thought it was if she made the last appointment to the
recreation board, then Councilman Hays would have the next one, and she went back
to the time when they took office and she didn1t think it would start with
Councilman Jones and Councilperson Martin tonight. Ms. Clayton asked if the
idea is for each Councilmember to have the ability to have a direct relationship
with each committee. Councilperson Gillespie replied they can't get people to
apply for every zone so they're picking their favorite as the best qualified.
Ms. Clayton stated the appointment procedure needs to correspond with the goal
they1re trying to achieve. Councilperson Gillespie said the next vacancy she'd
make the appointment and then it would go to Councilman Hays. Mrs. Wadsworth
explained the last resolution was done by the Mayor and then Councilman Jones
and Council person Martin, so next would be Council person Gillespie and Councilman
Hays. Councilman Hays said if they're going to change the order of appointments,
he needs a brief recess because he didn't think held be making the appointment
and needs a minute to review applications. Mayor Wessler called a recess at 7:30
p.m. and called the meeting back to order at 7:43 p.m.
Mayor Wessler said two people said they weren1t aware the $150 connection fee
didn't include connecting it together and she was asked if they'd waive reuse
connection fees in other parts of town, and that's not the case.
Councilperson Gillespie nominated Maureen Borner to go back on. Councilman Hays
nominated Craig Munson. Mayor Wessler read the Resolution. RES. 91-R-32 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO
MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBIL-
ITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE. She inserted the names of Maureen Borner and Craig Munson with
the terms of appointment. Councilperson Gillespie moved to adopt Resolution
91-R-32. Councilman Hays seconded the motion. Motion CARRIED 5-0.
Res. 91-R-33 Appointing one member to Citizens Council Advisorv Committee due
to resianation of Marvin Earl Copeland (Tabled July 1. 1991) - Councilperson
Gillespie moved to bring 91-R-33 off the table. Councilman Hays seconded the
motion. Motion CARRIED 5-0. Mayor Wessler stated her applicant is Harry Jones.
She read the Resolution. RES. 91-R-33 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZENS COUNCIL
ADVISORY COMMITTEE; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS,
PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE. She added the name of Harry Jones for an
unexpired term to end November, 1992. Councilperson Gillespie moved to accept
91-R-33. Councilperson Martin seconded the motion. Motion CARRIED 5-0.
Ms. Clayton asked if they1ve discussed waiving reading of routine resolutions
in full and if it's just a matter of practice, they can change it today for
rout i ne appo i ntments to boards. Counc il person Gill esp i e noted they give the date
of expiration. Ms. Clayton agreed, and it's a part of the publication, and if
it's historical practice they may want to change it in the future. Mayor Wessler
asked Mrs. Wadsworth to research it.
Res. 91-R-34 Appointing one member to Board of Trustees of General Employees
Retirement Trust Fund due to term expiration of Reverend Harvey Hardin (Tabled
July 1. 1991) - Councilperson Gillespie moved to bring 91-R-34 from the table.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
3 Council Regular Meeting Minutes
August 5, 1991
"'-"
'--'
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Readina:
Res. 91-R-34 (Continued) Councilman Jones asked to keep Harvey Hardin on.
Councilperson Martin seconded. Mayor Wessler read the Resolution. RES. 91-R-
34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
APPOINTING ONE MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, GENERAL
EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS,
DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. She added the term is for two years to end July
1, 1993. Counci lperson Gi llespie moved to accept 91-R-34. Counci 1 man Jones
seconded the motion. Motion CARRIED 5-0.
Res. 91-R-36 Appointina one member to Land Development and Regulatory Aaency due
to resianation of William Rossiter (Tabled July 1. 1991) - Councilperson
Gillespie moved to bring 91-R-36 from the table. Councilman Hays seconded the
motion. Motion CARRIED 5-0. Councilperson Martin nominated George Ewing if he
will do it. Councilman Hays seconded it. Mayor Wessler and Councilman Jones
indicated they hadn't seen his application. Mrs. Wadsworth explained it was
brought in this morning. Mayor Wessler said she was pleased to see it and she
read the Resolution. RES. 91-R-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE LAND DEVELOPMENT AND REGU-
LATORY AGENCY OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE;
PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She added it's an
unexpired term to end March 7, 1994. Councilperson Gillespie moved to accept
91-R-36. Councilperson Martin seconded the motion. Motion CARRIED 5-0.
Res. 91-R-38 Appointina two members to Parks and Recreation Board due to
expiration of terms of Lawrence Lanchoney and Thomas Tipton. Jr. (Tabled July
1. 1991) - Councilperson Gillespie moved to bring 91-R-38 from the table.
Councilman Hays seconded the motion. Motion CARRIED 5-0. Council person
Gillespie moved to reappoint Tom Tipton, Jr. to the Recreation Board. Councilman
Hays nominated Lawrence Lanchoney. Mayor Wessler read the Resolution. RES. 91-
R-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION BOARD OF THE CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS,
PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE. She stated the terms are for three years
to end Ju ly 1, 1994. Councilman Hays moved they accept Reso lut ion 91-R-38.
Councilperson Martin seconded the motion. Motion CARRIED 5-0.
Res. 91-R-44 Confirmina and ratifying the appointment of Krista A. Storey as City
Attorney - Councilperson Gillespie stated she and Councilman Jones spoke with
Clay Henderson who had reviewed the contract. Councilman Jones said Mr.
Henderson's comments concerned severance as he felt 4 months was too much because
it would be about $20,000 and he felt 2 months was more appropriate.
Councilperson Gillespie noted he looked at this to protect the citizens and he
thought the contract was excellent on the attorneyl s behalf but he thought
$20,000 was too much as it would be $90,000 for 18 months work with severance
and he thought $10,000 severance was more than fair and would have recommended
$5,000. Ms. Clayton explained the reason 4 months was chosen is that is what
exists for the City Manager in the Code. She added that Krista Storey will not
be able to start on September 3 because she won't have her 30 days notice based
on the date of approval of the contract if that should happen tonight and she's
asked that it commence September 16 which allows her the week prior to do some
of the things reflected in her contract that require her to finish up pending
projects. She suggested the contract be amended to September 16. Councilperson
Gillespie asked if they want to counter offer $10,000 to $20,000. Councilman
Jones stated that's up to Council and since they got the advice they can make
the amendment to her contract stating the 2 months severance instead of 4 months
and he so moved. Councilperson Gillespie seconded the motion. Councilman Hays
stated he understands the intent and he appreciates Mr. Henderson taking the time
to review it and they're talking about $10,000. Councilman Jones stated it's
$20,000 as is or $10,000 this way and she's being paid exceptionally well in this
area. Councilman Hays noted sometimes they get what they pay for but they're
this far along and found a person they believe can really do this job for the
City and he fears if they go back with a counter offer she may say forget it and
then they're back where they were months ago and then what wi 11 it cost.
Councilperson Gillespie said if they say forget it, then there's a problem.
4 Council Regular Meeting Minutes
August 5, 1991
....
...,
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading:
Res. 91-R-44 (Continued)
Councilman Jones stated Council shouldn't be dictated to by an attorney.
Councilperson Martin asked if they discussed this with the attorney and now are
telling her no dice. Councilperson Gillespie replied no, she'd requested an
outside attorney look over the contract to advise Council. Councilperson Martin
stated the prior attorney got more than this part time, so why quibble.
Councilman Jones said he's not having a problem with 4 months but it's a case
of give and take and he feels welve given and should get a little back. He said
the request is for 2 months and if that's too hard, then that signals she's not
willing to give, and he thinks welre giving a premium price. Mayor Wessler
requested a compromise of 3 months. Councilperson Gillespie said she has no
problem with that, and the later starting date is no problem. Councilperson
Martin asked if it was agreed with her before Clay Henderson looked at it. Ms.
Clayton stated she drafted the contract and sent it to Krista Storey and she sent
it back with her comments and it was circulated here and they discussed this item
and she stated the reason it was formulated the way it was and at that point it
was agreed the 4 months and $60,000 and $1,500 would be the offer. She said it
was on the agenda and it was requested it go to Clay Henderson and that caused
a delay. She pointed out only Council can decide how they want the contract to
read. Motion DID NOT CARRY 2-3. Councilperson Martin, Councilman Hays, and
Mayor Wessler voted NO.
Mayor Wessler read the Resolution with the amended starting date of September
16. RES. 91-R-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, CONFIRMING AND RATIFYING THE APPOINTMENT OF KRISTA A. STOREY AS CITY
ATTORNEY OF THE CITY OF EDGEWATER, FLORIDA, AS PER AGREEMENT ATTACHED HERETO,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilman Hays moved they accept Resolution 91-R-44. Councilperson
Martin seconded the motion. Councilperson Gillespie asked if they're voting on
the amendment. Mrs. Wadsworth replied yes. Motion CARRIED 4-1. Councilman
Jones voted NO. Mayor Wessler explained when they agreed to go to an outside
attorney she intended that Nikki Clayton could look it over and she didn't want
Krista Storey to look over her own contract and she doesn't want to be attached
to Mr. Henderson's bill. Councilperson Gillespie stated she told people what
his bill would be but he didn't mention it today. Ms. Clayton said she's not
sure it wasn1t an act of accommodation. Councilperson Gillespie said they.ve
given it a thorough shot.
Res. 91-R-45 Increasing the number of Police officers by 2 for total of 30 -
Mayor Wessler read the Resolution. RES. 91-R-45 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 39 OF THE CHARTER
OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE NUMBER OF POLICE OFFICERS IN
THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER BY ADDING TWO POLICE OFFICERS;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilperson Gillespie requested clarification on the number. Police
Chief Schumaker explained they'll only increase by one officer. He reviewed
that in January, 1990, an officer was separated and a new officer hired, and that
came to 28 officers, then subsequently, in November, 1990, with a request of
leave of absence for an officer to go to Desert Shield and another for maternity
leave, the department was down to 26 officers. He said in late January or early
February he approached Mr. Johnson and advised the lack of two officers due to
unpaid leave was creating a burden and Mr. Johnson indicated held approve hiring
an officer because we didn't know when Detective Leuenberger would return from
Desert Shield. He added the provision was that he wouldn't ask for more officers
for 1991-92. He said after that verbal agreement was made the separated officer
appealed to a Federal hearing judge who reinstated the officer back to the
Department, raising the number to 27. He explained when those on leave came
back, it went to 29, and now the 30th is the DARE officer. He pointed out the
officer brought back as a result of the judge's mandate is still under litigation
with attorneys and that mayor may not prove to be successful on the City's
behalf but the officer is on the payroll. He said the only one he's asking to
be approved for next year is the DARE officer and that's funded for the most part
by the grant from the County. Councilman Jones stated he's never heard of an
arbitration case being rescinded but some information wasn't in the procedures
that should have been and he hopes in the future weill use legal counsel that
knows something about labor law. He noted Mr. Johnson did the representation.
5 Council Regular Meeting Minutes
August 5, 1991
~
..."
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Readina:
Res. 91-R-45 (Continued)
Ms. Clayton said in the future with the self-insurance program they may have
peop 1 e who have done adjust i ng who can hand 1 e those matters with sk ill and
knowledge as legal professionals and someone directly familiar with the files.
Chief Schumaker noted if Council agrees to 30 that will be somewhat consistent
wi th the genera 1 ru 1 e of thumb of 2 sworn Po 1 ice off i cers for each 1,000
residents. Counci1person Gillespie asked if they're prohibited in house to apply
for DARE. Chief Schumaker replied they advertised within the department and the
DARE officer has to be sworn and they prefer experienced, and one officer
indicated he was somewhat interested and when he looked into the duties and it's
more of a teacher than officer, he withdrew his application. He added then they
went outside and selected someone with 4 years in the Sheriff's Office and
experience in security. Council person Gi llespie asked if that I s who he's
planning to hire. Chief Schumaker replied yes. Counci1person Martin moved they
accept the increase of one for 30. Councilperson Gillespie seconded the motion.
Motion CARRIED 5-0.
Second Reading:(Public Hearing)
None
UNFINISHED BUSINESS
Recommendation to award bid for wellfield project to American Drillina. Inc. in
the amount of $91.850 - Counci1person Gillespie moved they accept the bid of
$91,850 as recommended, American Drilling, Inc. Counci1person Martin seconded
the motion. Motion CARRIED 5-0. Counci1person Gillespie pointed out that was
16% under the estimate.
Utilities Director1s recommendation to award bid for Wastewater Dept. Vactor
Truck under lease purchase aareement to Municipal Sales and Leasina. Inc. at
$23.793.76 annually for 7 years - Councilperson Gillespie asked if Ms. Clayton
reviewed the contract. Ms. Clayton replied it requires certification that
they'll not issue tax exempt bonds in excess of $11 million and they already did
that so she ta 1 ked to the 1 essor IS representat i ve and is go i ng to have a
conference with the vice-president of finance Thursday but he doesn't believe
it's a deal-breaker. She added if they can remove the certification requirement,
they can place it back on the next agenda. Counci1person Gillespie asked of
there1s anything else in the contract they should deal with. Ms. Clayton noted
they asked for counsel opinion that requires a tax opinion and she1l1 discuss
that but doesn1t think that to be a major point either. Councilperson Gillespie
asked if they should expect this in the future with lease purchases. Ms. Clayton
replied this is a sophisticated document and it should work. She noted it calls
for payment out of the general fund and she thinks it will come from water and
sewer enterprise fund and she'll make that point to them also. Councilman Jones
moved to TABLE. Councilperson Gillespie seconded the motion. Councilman Hays
requested that when it come back the error of $23,793 per month be corrected to
$23,793 per year. Mayor Wessler said it will be per year. Councilperson Martin
stated in 7 years it will come to about $170,000, and she asked how often it will
be used and if they could rent it when needed. Utilities Director Terry
Wadsworth explained it1s a daily use item and they have had enough work to keep
going for years on end. Motion CARRIED 5-0.
Confirmation of consensus of July 29. 1991. to make $500 donation to New Smyrna
Beach Senior Leaaue All Stars - Counci 1man Jones moved to accept the $500
donation to the Little League All Stars, New Smyrna Beach and Edgewater All
Stars. Councilperson Martin seconded and suggested they approach New Smyrna
Beach Council for one of our groups. Mayor Wessler explained they approached
New Smyrna Beach who gave them $500 also and they said half of the players are
from Edgewater. Councilman Jones suggested in the future they should earmark
it and when the well goes dry, it's gone, and with special requests they need
to get help from the community. Mayor Wessler suggested they look at the Parks
and Recreation budget for some of these athletic needs. Councilperson Gillespie
noted these were older boys, not the little ones, and she suggested they start
now for fund raising in the event they go to State again next year. Councilman
Jones referred to previous grass roots organizations with SEVAA but now some
peop 1 e work two jobs due to the economy and don I t have to time to do fund
raisers. Councilperson Gillespie reviewed her former fund raising activities.
Councilman Jones noted the new group formed in the last year or so may help.
He added this doesn1t happen every year. Motion CARRIED 5-0.
6 Council Regular Meeting Minutes
August 5, 1991
......
...."
UNFINISHED BUSINESS (Continued)
Labor Assoc;at;ons' requests to open negot;at;ons for three labor agreements for
FY-91/92 w;th negot;ator for C;tv to be named (Tabled June 3. 1991) - Councilman
Hays moved to remove it from the table. Councilman Jones seconded the motion.
Motion CARRIED 5-0. Council person Gi llespie nominated Gilbert Wooten for
negotiator. Councilman Hays seconded the motion and said he personally has known
Mr. Wooten for several years and he was an administrator of human resource,
personnel and insurance, at Memorial Hospital for many years and retired a year
ago. He added he has a great deal of experience in personnel negotiations and
has a reputation in that area. He said Mr. Wooten doesn't live within the CIty
limits and some may see that as an asset from a negotiating point of view.
Counci1person Gillespie noted it1s an excellent resume. Motion CARRIED 5-0.
Bu;ld;na Trades Regulatorv and Appeals Board request to amend Ord. 90-0-11 to
;nclude a charae for subcontractor Reg;strat;on Cards and change ;n Competency
Card renewal procedure (Tabled Julv 15. 1991) - Counci1person Gillespie moved
to bring this forward from the table on competency cards. Counci1person Martin
seconded the motion. Motion CARRIED 5-0.
Bob Howard, 2517 Pine Tree, Chairman of the Board, explained the registration
card is a safeguard for the general public and they felt it was time a small fee
be charged because the clerks are doing the work. He noted there are 115 people
registered within the City now and this would generate $805 for the year. He
added this gives a certain amount of police powers to the Building Official.
Councilman Hays asked who determines competency. Mr. Howard replied Building
Trades Regulatory and Appeals Board, but this is registration. Councilman Hays
noted they ca 11 it a competency card. Mr. Howard exp 1 a i ned that's a State
licensed individual that must show proof. Councilman Hays asked if it's a
contractor1s license. Mr. Howard replied yes, and that shows the City the person
passed a test by the State or other governing body that they're competent in that
field they1re in in the construction industry. Councilman Hays asked if a
licensed contractor in the State would be required to get this competency card.
Mr. Howard replied yes, the City requires him to take out a card that shows he's
licensed to work in the City, and that's a competency card. Councilman Hays
asked if they renew it. Mr. Howard replied yearly. Counci1person Gillespie
asked if it will be in the computer so they don't have to go to the cards. Fire
& Rescue Chief Bill Vola replied yes, it will be part of the computer data base
on the building permit package. Councilman Hays said if someone's subbing a job
he can see they'd have some level of competency but it's redundant to go to a
licensed contractor and ask him to prove again that he's licensed. Chief Vola
explained the certificate of competency is a check and balance the City has used
for years and it1s used throughout the State by almost every building department
and the contractor has to come into the City and take out an occupational
license. He said the occupational license includes back ground checks on workers
comp and liability insurance and a man can have a contractor1s license in the
State but not have an active license and legally cannot pull permits. Mayor
Wessler asked if other cities charge for competency cards. Chief Vola replied
yes, our fees are in line with, and under, most.
S;mon Roper, stated he's licensed in the City and has proven his competency and
works for a living and doesn't have morons working for him so why does he need
to spend more money out of pocket which will raise costs of houses.
Councilman Jones moved to approve the amendment to 90-0-11. Counci1person Martin
seconded for discussion. A gentleman in the audience asked that the amendment
be read. Mayor Wessler read the various proposed changes and explained these
will be added to the initial ordinance. Ms. Clayton noted it's as long as
there's adequate notice of the action to be taken. Mrs. Wadsworth explained this
is an amendment to the ordinance and the ordinance will have to come back to
Council for first and second reading. Ms. Clayton reviewed the ambiguous
additional steps taken when a recommendation comes to Council without the
ordinance or resolution. She suggested they may want to evaluate it with the
new City Attorney to streamline it. Counci1person Gillespie stated it doesn't
repeal the ordinance unless the amendment passes and if it's defeated, the
ordinance stands as is. Mayor Wessler suggested the motion include to accept
it and direct the City Attorney to bring it back. Councilman Jones agreed that
was his motion. Counci1person Martin seconded the motion.
7 Council Regular Meeting Minutes
August 5, 1991
"-r.
.....,
UNFINISHED BUSINESS (Continued)
Building Trades Regulatory and Appeals Board request to amend Ord. 90-0-11
(Continued) Councilman Jones stated it's a good amendment because it gives some
checks and balances and gives people more assurance that they're up with
insurance with workers compensation and the $7.00 fee is for subcontractors as
well as contractors. Chief Vola clarified registration is for subcontractors.
Councilman Jones stated it keeps everyone in line and he doesn't see it would
hurt anything and if he were a subcontractor held want to be in that file so
the City would know what kind of work he does and that his work is consistent.
Mrs. Wadsworth explained the City doesn't say if someone is good or bad, we just
say if they have a competency card or license. Councilperson Gillespie asked
if someone can call and see if someone has a card when this is computerized.
Chief Vola replied they can do that now but it takes 20-30 minutes to go through
the card file. Council person Gillespie noted this will be a service to the
public. Chief Vola stated it will be cost recovery.
Ms. Clayton stated the City has a self-insurance fund and she1s not familiar with
the organization of the Building Department and Building Trades. She suggested
they may want to have a work session at first reading of the ordinance to invite
contractors to talk with them because she's concerned for the self-insurance
program if they're telling people someone is competent other than exams and
certified by the State. She added there's a means of handling disputes but you
have to have a fail safe organization of records so when you get a notice from
an insurance company that someone is cancelled that it's in your records also.
Mayor Wessler agreed they should meet with contractors for this and other issues.
Councilperson Gillespie stated they want to prevent fly by nights from coming
in during the CIP. Councilman Hays stated part of his problem is a person comes
to Edgewater and wants to be a subcontractor and is issued a competency card and
does a job and messes it up and the licensed contractors is responsible to the
people because he's building the house. He suggested they could call it another
license but it seems redundant to have someone who took the exam and proved he's
competent do it again, and he understands the exam is fairly difficult. Chief
Vola explained the registration card has been called competency for years and
has nothing to do with the Building Official, it's universal throughout building
departments and designates he's licensed and competent under State laws.
Councilman Hays stated he understands they have a source to go back and research
it. Chief Vola explained this isn't a change, it's already here, and they do
not now, nor never have to his knowledge, render opinions as to the abilities
of any contractors because it would subject the City to a tremendous liability
and put that person that offered the suggestion in jeopardy with disciplinary
action. He added he's confident with the records they have now and if someone
cancels their insurance policy, if they're registered, the City will be notified
and at that time that person's right to do business in the City is null and void.
Mayor Wessler explained they just want to start charging and have a workshop.
Councilperson Gillespie said she has a problem with semantics and the word
competency is having a skill. Mr. Howard said they've met with contractors,
attorneys, and people in the trades, and he's an architect, and what it signifies
is this City is telling someone who inquires of a trade that this person was
deemed competent by the State of Florida and passed a test and the City is taking
no responsibility whatsoever for this person's workmanship or ability in the
trade. He referred to previous roofers in this City and said what they have is
checks and balances and it safeguards the citizens.
Motion to approve amendment to 90-0-11 CARRIED 4-1. Councilman Hays voted NO.
Mayor Wessler stated she'd like to see something in the next 30 days to invite
every contractor to a meeting where they can express their views. She suggested
they run an ad in the paper if Council doesn't object. No objection was
expressed. Councilperson Gillespie noted Chief Vola held one meeting to try to
speed things up. Mayor Wessler said some contractors said they didn't know about
the meeting so they need to advertise.
COUNCIL/OFFICERS REPORTS
Interim City Attorney - Ms. Clayton had no report at this time.
Acting City Manager - Mr. Munoz had no report at this time.
8 Council Regular Meeting Minutes
August 5, 1991
'W"
"""."
COUNCIL/OFFICERS REPORTS (Continued)
C;tv Council - Councilman Jones asked the status on the Whistle Stop Park
lighting. Councilperson Gillespie replied Florida Power & Light is in the
process. City Engineer Gates Castle explained the work request is at Florida
Power & Light and it usually takes them 60 days.
Councilperson Gillespie moved to change the budget meeting scheduled for August
13 at 7 p.m. at the Library to a workshop on the Comprehensive Plan, Exhibit B,
prior to a vote at public hearing at the next Council meeting on Exhibit B.
She explained because they wonlt have the management report until August 20th
she's not prepared to do any budget work at this time. She moved they change
it from a budget workshop to a Comprehensive Plan Exhibit B workshop. She said
they found a scenario and excerpt from our housing element in their mail boxes
and she feels they need a workshop on the housing element in depth. She
suggested they read the who 1 e th i ng, she I d supp 1 i ed them an excerpt. Mayor
Wessler asked if they could put the other budget workshop on the following
Tuesday in September after the ones we have scheduled. Mr. Munoz explained the
11th is on the County.s mailed notice. Councilperson Gillespie stated she'd not
prepared to do any work until she sees what's recommended by Griffith.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
Councilperson Gillespie said due to problems both in time, effort, and
satisfaction of securing correct copies of tapes required by law should anyone
wish to object to anything they've done, she moved they purchase the Lanier
Reformatter, which the City Clerk has in her October budget, but sheld like to
move it up and purchase at this time. She explained this will allow them to quit
copying tapes in the vault, it will provide perfect tapes for the public and they
would not be returning tapes constantly, and they would not be yelling about the
quality of the tapes. She said this is the missing item that goes with our
machine and the cost is $2,495 and service contract of $252 for a year and she
moved they not wait until October and they buy it now. Councilman Hays seconded
for discussion. Mrs. Wadsworth explained the current process of copying tapes
which causes the poor quality of reproduced tapes. Councilperson Martin said
it's important a City of this size be able to duplicate tapes without missing
links or words and she agrees to go with it. Councilman Jones asked if it will
be more clear. Council person Gillespie replied yes, itls the missing .link they
didnlt buy when they bought the machine. There was brief discussion about costs
of tapes and the short amount of copying time required with the new unit.
Council person Gillespie said they'll recoup in about a month with manhour savings
and she wants the public to have a first class tape available when they request
it. Councilperson Martin referred to the poor quality tape she got the last time
with coughing, and whispering, and other noises. Councilman Hays asked if they
can afford it now. Mrs. Wadsworth said she still has money for the microfiche
she hasn't bought. Motion CARRIED 5-0.
Councilperson Gillespie said she talked with Mr. and Mrs. Andy Anderson and took
care of the letter they got in their boxes since they were in her zone. She
thanked Mark Karet and Mr. Wadsworth for providing information for the Andersons.
Councilperson Gillespie stated Mr. Elder called her regarding flags and several
families have said they're very upset the flags were gone from the cemeteries
within 3 days. She said Mr. Elder looked into it, and according to the groups
we gave the $550 to for purchase of the flags, they removed them shortly after
they put them on and reused them. She said she'd like to see our flags remain
on the graves as they used to for 30 days. She said the City purchases the flags
and the veterans groups put them on and she did it herself for 8 years and never
took them off. Councilman Hays asked why they're taken off. Mayor Wessler asked
Chief Schumaker if there was vandalism of graves. Chief Schumaker replied no,
and asked if they were put on and taken off by the same people. Councilperson
Gillespie replied yes, but she has an aversion to having them gone in 3 days and
suggests they contact the veterans group, especially #4250, and ask them to leave
the flags for longer than 3 days at the request of the families because people
ask where the flags are and she tells them the City gave them $550. Councilperson
Martin asked if these flags are waterproof. Councilperson Gillespie said theylre
nylon and will hold up and they used to put them on for 30 days and gave them
to the family if requested and she never thought of reusing the flag. It was
agreed the request would be for 30 days. Edward Elder stated he's talked with
Cra i g James and Jack Ascher 1 about these flags to have them stay on unt il
desecrated. Mayor Wessler suggested a letter be written for the 30 days.
9 Council Regular Meeting Minutes
August 5, 1991
'w'
"'-"
COUNCIL/OFFICERS REPORTS (Continued)
City Council - Councilperson Gillespie asked the status of the personnel manual
because she turned in 22 items she'd like changed in it. Mr. Munoz replied he
turned it over to the City Clerk for the Personnel Manual Committee to review.
Councilperson Gillespie thanked Mark Karet for working with her. She said as
long as they were undergoing changes in the swimming pool ordinance, fences and
screen rooms, she brought to Planning and Zoning Board's attention the issue of
abandoned pools because of safety and asked them to look into it the same time
as they1re working on the ordinance. No Council member objected. There was
brief discussion about the pool at the home purchased by Mr. Karet.
Councilperson Gillespie said Mr. Karet is moving right along with the fascia
ordinance and assured her when Krista Storey is on board he'll be ready to
negotiate with her on a facia ordinance for U.S. 1, which has long been
requested.
Counci lperson Gi llespie asked if this is the proper time to go to CCNA for
service management on the water plant since they awarded the contract tonight
to dig the wells. Mr. Wadsworth replied they may want to discuss that tomorrow
night. City Engineer Gates Castle said he's been asked what services the City
could provide and if it should be outside consultants or additional staff people
and the best way he1s seen it work is, you have your design engineer handle the
construction management and under that construction management is the review of
shop drawings, the periodic visits to the site, and also help in the review of
pay estimates. He explained the purpose of them staying involved in the project
is at the end of the plant construction they.ll need certification by an engineer
that it was built in substantial accordance with the plans and specifications.
He said resident inspection is day to day watching of the contractor to confirm
they build the plant in accordance with specifications, and with shop drawings
that can be done in numerous ways. He noted they can use the same consultants,
another consulting firm, or the City can advertise and hire an individual, not
as a full time City employee, but only for the duration of the project to watch
that project, sort of as a contract person. He pointed out it.s difficult to
find a person with qualifications to be able to do structural, mechanical, and
electrical inspections, but some can do that. Councilperson Gillespie asked his
recommendation to proceed at this stage. Mr. Castle stated they may find someone
who'd meet the criteria for doing resident inspections and it would probably be
to the City's advantage to advertise for the position and should no application
come in who staff feels is qualified to perform those functions, then Council
would have the option to go with another or the same consulting firm. He added
it might be worthwhile to try to get a person who'll work for the City and have
no ties with the design engineer or contractors. Counci lperson Gi llespie
suggested he and Terry Wadsworth prepare the ad for resident inspector and she
so moved for the water facilities. Councilman Hays seconded for discussion.
Councilperson Gillespie explained they gave the bids for the well tonight and
at this stage, due to the bonding procedure, there are things Council has to do
to follow the bond and construction to protect the City and the recommendation
is to advertise for resident inspector to be employed by the City, not the
consulting engineers or design engineers or person receiving the bid, in order
to protect the City, and that.s for the water project only.
Mayor Wessler asked if the recommendation is to stay with Dyer, Riddle for
construct i on management because they I re the des i gn eng i neers. Mr. Cast 1 e rep 1 i ed
yes, that's what held recommend in order for them to check shop drawings and
they've written the specs and done design work and in his opinion that would
work the best that they stay on for construction management and they have a
contract written just for those functions spelled out.
Councilman Jones asked how soon this construction will take place for this
resident inspector and when would it be advertised. Mr. Wadsworth said ground
breaking is late September or early October but for the award tonight they have
a pre-construct i on conference, not i ce of award, not i ce to proceed, and that
project could probably be up and running in 30-40 days. Councilperson Gillespie
pointed out they need to advertise now if they're going to bring someone on board
to represent the City. Mr. Castle explained a project like well drilling is not
of the sophistication that a water treatment plant project is and the resident
inspection he1s speaking of is for the water plant construction.
10 Council Regular Meeting Minutes
August 5, 1991
---
...."
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilperson Gillespie said then it's 45-60 days approximately. Mr. Castle
stated someone should be on board as soon as possible to become familiar with
the specifications and get ahead of the contractors. Mayor Wessler asked if it's
in the Utilities budget. Mr. Wadsworth replied there are budget allowances in
the CIP for that for both programs, both in water bonds and wastewater loans.
Councilman Jones stated he likes a little more input when something comes like
this and to have a day or two to have a better understanding before they have
to act on them. Councilman Hays suggested it be on the 19th. Councilperson
Gillespie expressed concern if it could wait until the 19th because she knew
there was a time constraint and when she talked with the State they recommended
since we didnlt have it on the agenda that she bring it up under her zone and
see how the staff felt they should proceed. She said they sold the bonds and
they've gone forward with the CIP, now they're in these type stages. Mr. Castle
suggested they could at the same time start in the CCNA process to hire a
consulting engineer to handle the services if they don't find someone they want
for resident inspection. Councilperson Martin suggested they do it now to have
time to review the applications and have that person ready to join us. Ms.
Clayton pointed out there's a meeting on the 19th, and between now and then,
staff could prepare a position paper with their choices reflected. She said
there are a couple of major construction projects and they should have an outline
to Council of what those construction projects will entail as a summary of the
design program and what the normal process is. She explained there are a number
of combinations available and construction management does away with some of
these checks and balances and many people deem it to be a form of efficient as
opposed to adversarial cooperation in the construction of major capital
improvements program. She said construction management may have been an
alternative earlier in the process. Councilperson Gillespie stated there's
enough time for the sewer but not for the water. Ms. Clayton suggested the
position paper staff prepares should include the program, the different phases,
size of the budget, and what anticipated construction date is and whether or not
there are other ways of handling it they may want to consider on the 19th.
Ms. Clayton noted they have $40 million dollars of projects on tap and they need
a calendar to show when they need to make their decisions and whether they.ll
have a resident inspector for each phase or one for the whole $40 million
dollars. Councilperson Gillespie asked how it would be on the agenda because
a decision has to be made. Ms. Clayton said CCNA would go whether they have an
individual subcontractor or contractor for the City or a firm to do that because
they'll need expertise to do resident inspection. There was discussion regarding
the amount of time for the CCNA process. Mayor Wessler suggested it come back
on the 19th and Ms. Clayton can give the wording. Ms. Clayton said the choices
would be construction management, resident inspection, what do those terms mean,
how are you going to proceed, are your bid specifications done to the point they
can I t be changed, if they are, what do they call for, and do they ca 11 for
construction management as an opportunity, call for a general contractor, and
what is the consulting engineer's role in administering those projects.
Councilperson Gillespie said her concern now is water and those bids are in and
the first is accepted. Mayor Wessler suggested they concentrate on the water
plant for the 19th agenda. Councilman Hays asked if that decides the issue of
hiring a person or consultant. Mayor Wessler said Mr. Castle was referring to
resident inspection and going out and advertising for a person to come in off
the street, held work for the City, and they'd hire him or go out and advertise
for a firm. Ms. Clayton noted it would be the same type of independent status
as the consultants. Mr. Castle explained sometimes consultants have an axe to
grind and will find things wrong with the design done by another consultant and
an individual hired for the job and working for the City has no axe to grind with
any other consultant. Councilperson Gillespie stated all the plans are in,
they're approved, and bonded, and she wants someone to follow this for the City.
Councilman Jones said if he finds something wrong, he should tell us. Mr. Castle
said he will if he's employed by the City. Mayor Wessler agreed with Mr. Castle
that an individual would be better for the City. Councilman Hays withdrew his
second if it will be on the 19th agenda. Councilperson Gillespie withdrew her
motion if it's the 19th agenda and she prefers an individual for water.
Councilman Jones asked for documentation on it. Councilperson Gillespie agreed
her motion is to put that on the agenda for the 19th and it be an individual.
Council person Martin seconded the motion. Councilman Hays asked if this
individual is additional permanent City staff. Mayor Wessler said only for
duration of the project. Motion CARRIED 5-0.
11 Council Regular Meeting Minutes
August 5, 1991
--
...,
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilman Hays stated he spoke with staff and Ron Kendig in Pensacola regarding
review of the City Manager applications and Mr. Kendig suggested we send or fax
our list of names, which was discussed at another meeting, and the City Clerk
has already faxed the list of all the names. He added Mr. Kendig said it would
be better for their group which provides a service and there's no fee, it's just
a favor. He said if weld put resumes of our best 3 or 5 choices and send them,
and if the committee finds they're not on their list, they'll add the name if
they feel it I S area lly strong candidate. He asked Council to proceed with
sending them as soon as possible. Councilperson Gillespie asked how many to
send. Councilman Hays suggested 3 or 5 or whatever. Councilperson Martin asked
how many the committee will select. Councilman Hays replied they'll rank the
whole thing. Mayor Wessler requested they be given to Mrs. Wadsworth to send
and it was agreed to submit them by the end of the week to be sent Monday with
Mrs. Wadsworth to get them in a sealed envelope.
Councilman Hays expressed concern with conflicts with dates of budget workshops
and agreed they should wait for Griffith's report. He said Mr. Munoz can
continue with his basic budget assumptions but held like input when changes are
made. Mayor Wessler stated she asked Mr. Munoz to change some of those dates
because of her conflicts and was in Colorado when it came out. Councilman Hays
said he ran into scheduling conflicts when the second memo came out.
Councilman Hays asked the status of converting Sanchez Avenue to a park. Mr.
Munoz replied welre talking to Department of Natural Resources. Ms. Clayton
explained she met with Jack Corder and Mark Karet along with Joe Dudley, an
attorney representing himself who has property to the North of Sanchez, and
representatives of the Loveland family who own property to the South, and her
opinion is you cannot convert a plat dedicated street easement into a park, you
don't own the property, you only have an easement for a particular purpose. She
said the two parties indicated willingness to convert street easements into a
dedication to the City if the City would agree to vacate the street, and after
the City vacates, they'd then rededicate the street to a City park. She noted
at that point the owners would benefit because they didn't want the public coming
along the right of way to the water past their property. She said the owners
are going to discuss this matter along with interested adjacent property owners
and will come back to Council with a report, and if it's favorable, Jack Corder
will probably be able to achieve the park which will be a spur area that will
have a limited use and will connect to the River Walk program. She added as it
stands, the City has an ownersh i p interest on ly in the easement wh i ch is
ded i cated for road purposes that cannot form a bas i s to obta i n any kind of
adverse possession of State sovereignty land or convert an easement into another
use. Planning & Zoning Director Mark Karet stated some details still need to
be worked out regarding a subdivision being planned on property that Joe Dudley
has an interest in before anything's brought back to Council.
Councilman Hays stated regarding the meeting last Friday with Meadow Lakes
property owners and City employees, he thinks they know his feelings on that,
which have been expressed to Mr. Munoz, and he understand it snowballed with the
number of people because it was supposed to be a couple of representatives, but
he hopes in the future if they're going to do these things that they be done here
to have all parties present to be fair to everyone. He said it could be similar
to how they handled Shangri-La. He added he feels authority was overstepped and
went too far. He asked Ms. Clayton her opinion on this meeting and if she has
a conflict with the parties involved here, such as giving advice or in any sense
because that was mentioned on the tape of the meeting. Ms. Clayton said she has
not heard the tape and she has representation, as she disclosed to Council in
the past, of Mr. Barrett on a matter located in Seminole County. She said for
that reason, to avoid a conflict or appearance of conflict, she has refrained
from giving advice in relation to Barrett's matters taken up in Edgewater. She
added she has expressed concern to Council members and to Mr. Munoz that drainage
issues that involve these kinds of facts can subject the City to substantial
exposure, assuming the worst case, and if the City's facts are borne out, then
the City is proceeding as it sees fit, but exposure in those kinds of instances
is large, both liability and defense wise. Councilman Hays stated he walked
around the area to see the problems and suggested any Council member that hasn't
should do so. He said some problems are obvious, some not so obvious, and as
long as they keep in mind that water will seek its own level, they should be
able to figure some of this out.
12 Council Regular Meeting Minutes
August 5, 1991
'-
...",.,
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilman Hays thanked Mr. Munoz and Mr. Overstreet for taking action on a
problem he brought to their attention and he thinks culverts on 28th Street are
really helping. Mayor Wessler said Mr. Wheeler, a representative of Meadow Lake,
requested she meet with him and Department Heads and Mr. Munoz and she did that
because she doesn't think there's any ordinance or resolution prohibiting her
from doing that. She said in the past she has met with Mr. Barrett without
representation from the other side and she believes Ms. Clayton was aware of that
meeting. She added she was with Ms. Clayton on Tuesday evening and Wednesday
in Jacksonville and was never told she shouldn't have that meeting and she was
never privy to information on any drainage problems that Ms. Clayton said she
discussed with some of the Council members. She added she sees no problem with
having a meeting when someone requests it and to have the Department Heads
present, and nobody was being accused by anyone of City staff. Councilman Hays
stated after listening to the tapes he doesn't recall an accusation made by
anyone on City staff and they did a good job, but his point is when a meeting
is this large, it's just the appearance and it looks better to resolve it in
front of the public as they did with Shangri-La. He said after reviewing the
files and problems he found, he knows it's hard for people to point the finger
at themselves to say they're partially at fault but he feels there's no one
person or individual responsible for the problems there and he hopes all parties
can work together before they get attorneys involved. Mayor Wessler said Mr.
Wheeler gets correspondence from the City Engineer and City Manager which he
shows to people in Meadow Lake but sometimes it's better if they hear the answers
from City staff and that's the courtesy she granted them and she doesn't feel
she overstepped her bounds. Councilman Hays stated it wasn't clear from the tape
whoever owns the property is responsible and that information should start
resolving the problem. He said held like the other people to be a part of this
also. Mayor Wessler suggested any of them can get involved with Mr. Wheeler the
same way she has, and with Mr. Barrett. She said they need legal representation,
and if Ms. Clayton cannot provide it, they have to agree on someone who can,
because the people need their problem solved and so do we. Councilperson
Gill esp i e po i nted out Kr i sta Storey's comi ng on board in September. Mayor
Wessler stated these people's trees are dying and she's heard there was a truck
load of children brought down by someone and pictures were taken of these kids
jumping in this water.
Councilman Jones expressed appreciation for the staff's willingness to hear these
concerns and they didn't make major recommendations. He added he expects staff
to treat all members of the community the same, even if it's a large subdivision,
and he wants staff to try to communicate with the citizens when there are
concerns. He stated he understands the drainage concerns and doesn't feel it's
a 11 from the park but any deci s ions are to be made through Counci 1. Mayor
Wessler pointed out there are two sides, and they may need legal representation
as she doesn I t think it wi 11 be handled without an attorney. Council person
Martin stated Counci 1 should be aware of all the facts before they hire an
attorney and she hears bits and pieces and would like to know the whole situation
to see what can be done about it. Mayor Wessler requested input from staff and
Ms. Clayton with copies of all correspondence. Councilman Hays stated some
questions brought up by citizens weren't answered such as catch basins being too
high, what requirements were when they were put in, who inspected them, and who
paid for them. Mayor Wessler noted St. Johns River is involved in that also.
Councilperson Gillespie stated they found it in violation. Mayor Wessler said
it was $10,000 fine but the problem needs to be resolved, it's dangerous next
to a park, and is ruining the back yards. Councilperson Gillespie suggested some
type of arbitration group in the County could work with all groups concerned.
Mayor Wessler pointed out St. Johns is an Authority and they're not going to sit
down with Mr. Barrett or the homeowners or the City to discuss it and she thinks
they gave him an ultimatum. Councilman Hays asked if it's reached a point where
no negotiations can be held. Mayor Wessler said she just received the article
on St. Johns. Ms. Clayton cautioned Council to hesitate in forming conclusions
before they have facts as they're talking about matters of engineering expertise
that are not immediately obvious and the first impression may not be the correct
one. She added if they form conclusions and begin to act or react based on
immediate conclusions without engineering foundation, you get into an arena of
civil rights and reputation and one that produces no going back. She said she'd
suggested to Mr. Munoz today to start a methodical approach and do the homework,
get aerial photos and plans and specifications for the park, drainage analysis
for the area, look at what the school and what u.S. 1 and the railroad have
13 Council Regular Meeting Minutes
August 5, 1991
....
.....,
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
done. She said past experience with drainage matters has been that they can get
away from you and you end up with engineers and lawyers yelling at each other.
She suggested they get the facts together first and then determine if they want
to sit down with someone or go further and there's correspondence back and forth
between the City and homeowners and Mr. Barrett. Councilperson Gillespie noted
correspondence isnlt solving anything. Mayor Wessler suggested they set up a
workshop when they get the information so everyone will be informed and perhaps
have someone from St. Johns Water Management here for the meeting. She added
she1s had meetings with Mr. Barrett and up until a couple of months ago, he said
held fix the problem. Councilperson Gillespie stated he told her verbally he
was going to fix it. Councilperson Martin said she wants a check list from the
beginning to date on what has occurred, what has been repaired, what has not been
repaired, and the whole story, because it's been going on too long and it's time
to stop and back track when they start talking about spending money for
attorneys. There was discussion regarding the amount of time to get information
together and Mayor Wessler suggested it be the 12th. Mr. Munoz stated staff did
not make these decisions without studying the facts and a lot of the issues were
discussed and these assumptions were not reached out of the blue sky. He added
Mr. Castle has studied these issues and correspondence and they have done their
homework. Councilperson Gillespie said she wants everything back to Whistle
Stop, the grant, the land I the School Board and all correspondence. Mayor
Wessler stated they only need engineering of the park.
Councilman Hays said he's discussed this with Mr. Munoz over the last couple of
weeks and if the City might have made a mistake and not done something right,
that's fine and dandy, and it's okay to raise your hand and say it's a booboo,
but it's not acceptable to try to avoid what you did in case that happened. He
added because of the one incident maybe they made a mistake somewhere else. Mayor
Wessler said if the City made a mistake, then they have to correct it and get
it done. It was agreed to meet at 6 p.m. on the 12th. Mayor Wessler asked that
Perry Barrett be contacted to attend. She asked if Ms. Clayton will be able to
give opinions for the City as Mr. Barrett will bring his attorney. Ms. Clayton
said she'll limit to the same kind of advice in another matter in which Mr.
Barrett had an application pending when she interpreted juxtaposition of two
ordinances and Council can apply it to the facts. Doris Hill stated she objects
to that. Mayor Wessler asked if Council is agreeable. Councilperson Martin
replied yes. No objection was expressed. Ms. Hill asked if Council agrees.
Mayor Wessler replied yes. Ms. Hill stated Mr. Barrett will have two
representatives. Mayor Wessler again asked if Council has a problem with this.
Councilperson Gillespie replied she has no problem if it's limited to what Ms.
Clayton did with the tree ordinance because she did listen to those tapes.
Councilman Hays said he doesn't have a problem at all because he recognizes a
professional. Councilperson Martin said she has no problem.
Councilman Jones asked if Jack Corder had told them he went to St. Augustine and
got an additional $65,000 toward the River Walk. Councilperson Gillespie said
he applied for two more grants within 12 hours after he got back. Councilman
Jones stated Jack did a good job.
Mayor Wessler said she gets letters in the mail from people who pay bills of $30
a month for services when they go out of town and asked when something will come
back. Councilperson Gillespie stated Council has taken what action they can
afford to do with recycling and something else. Mr. Munoz stated minimum bill
is $28.60. Mayor Wessler stated recycling, garbage, and stormwater is on this.
She said New Smyrna Beach has $20 disconnect and $20 hook up and other cities
have that and this is almost as much as she pays while living in her house.
Councilperson Gillespie said thatls fine as long as they keep the millage at 4.60
because they have ongoing for services but if they disconnect for 6 months and
then connect and the City's going to pick up the difference, it can't stay at
4.60. Mayor Wessler disagreed. Councilman Jones said they discussed it before
and he felt if they're going up North for 3 or 4 months and not paying the
existing rates, the cost would have to come back to existing residents which
wouldn't be fair to them. He said to have the luxury to be able to go up North
for those 3 or 4 months, that's the penalty they'll have to pay and the rest of
the permanent citizens shouldn't have to pick it up. Mayor Wessler asked if it's
the same with $20 disconnect and $20 hookup. Mr. Munoz said they agreed that
whatever you give them will have to be picked up by someone else.
14 Council Regular Meeting Minutes
August 5, 1991
'-"
""""
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Mayor Wessler stated she talked to people from Burger King after she was the only
dissenting vote on putting the sign ordinance back in effect and they were cited
for the banner and a friend at Tender Loving Day Care said she also was cited
for her directional sign at the end of Fern Palm. She said while she was out
of town she heard the sign ordinance was put on hold again and she's listened
to the tapes and didn't hear a motion but we're not enforcing the sign ordinance.
Council person Gillespie stated Mr. Hays asked for limitations on the enforcement.
Councilman Hays said when they discussed this, the sign committee was going to
be back in a few weeks and it's been months and we still haven't seen anything.
He added it I S a big project but some things being enforced were kind of "picky".
He noted when they went ahead with the recommendation of the City Manager to
reinstate a sign ordinance, they discussed it was because of safety problems,
and one comment was there were signs hanging up on 2 by 41s that could blow down
and hit someone on the head, and that was the intent on the ord i nance, not
because a real estate person wants to put a flag up in the front yard of his
house for a model opening. He said he thought it was for signs that might be
blocking an intersection and things like that until they get the sign ordinance.
Mayor Wessler stated the motion was made to reinstate the sign ordinance and cite
everyone and there was never another motion to not reinstate the sign ordinance
and not enforce it and she understands now it's not being enforced. She said
for 3 or 4 months they've cited quite a few people on their signs and if now
they're not citing them, they need to direct Mr. Karet's department to send a
letter of apology for the inconclusiveness of this Council in enforcing or not
enforcing. Councilman Hays asked when the sign ordinance will come. Mr. Karet
replied there will be another meeting with the development committee and their
draft has been fairly well completed but there was direction from Council that
the business community look at the ordinance and there was another delay to
schedule a meeting, which was advertised. He said a few members of the public
showed up and indicated outrage that they hadn't had an opportunity to respond
at any of the 12 previous meetings the sign committee had so another meeting was
scheduled to accommodate those individuals. Mayor Wessler said at the meeting
when she was in Colorado there was a consensus of Council to do something but
she doesn't know what. Mr. Munoz replied he put out a memo that the preference
was not to enforce. Councilperson Gillespie said it was not to get overzealous.
Mayor Wessler said that's not a good way to do it, and one person's definition
of an ugly sign is not another personls. Councilman Hays said they addressed
items of public safety. Councilperson Gillespie recalled they discussed it at
the time. Councilman Hays said he remembers the conversation but itls not
verbatim in the minutes and the intent of why it was reinstated and what was done
with it is what he objects to. Mayor Wessler read the brief original motion made
at the former meeting. Councilperson Gillespie said the consensus of Council
was that it was overboard and that wasn't the intent. Mr. Karet stated he doesn't
know what Council wants enforced but they'll permit new signs and will enforce
signs that appear to be damaged. Councilman Hays asked if Mr. Karet recalls the
former conversations regarding safety problems. Mr. Karet agreed he remembers
clearly and he was instructed to permit signs and compare them against our
standards and some related to size, not necessarily health and safety, and if
those are permitted, they can handle it but if they put up a sign without a
permit, that doesn't meet the qualifications and they'll have to be cited.
Mayor Wessler stated there was no motion at the last meeting and they're not far
away from getting a new ordinance and she's opposed to the sign ordinance being
enacted but it should have a vote, but they shouldn't enact just some of them.
Councilperson Gillespie said she has no problem with health and safety. Mayor
Wessler said Burger King was the major one. Councilperson Gillespie noted
several complained and went to LDRA for appeal and the Code Board. Mayor Wessler
said these people were cited and then a memo was put out that the sign ordinance
wasn't to be enforced.
George Ewina stated he recalls at the last meeting they heard Council was going
to abrogate citing anyone for signs and Mr. Karet or someone was directed to have
the sign ord i nance by the end of that month and Counc i 1 sa i d they wou 1 dn I t
enforce any more ordinances on signs. Doris Hill stated Councilperson Gillespie
brought it up. Mayor Wessler stated the last 5-0 vote on the sign ordinance was
Publix and Perry Barrett and before that was when she was the dissenting vote
not to enforce it. Councilperson Gillespie said she brought up the
recommendation of the sign ad hoc committee and it still has problems and she
doesn't think they'll see it by Christmas. Mayor Wessler said they can't enforce
just signs that are falling down and not other signs.
15 Council Regular Meeting Minutes
August 5, 1991
.....
....,
COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilman Hays asked if the sign committee can do the job. Mayor Wessler said
she thinks they'd done their job and it's going to LDRA. Dominick Fazzone stated
he's on the LDRA committee, Mr. Hellsten isn't in town, and since he's vice-
chairman he'll speak on it. He said what's been said is essentially correct and
they were ordered to bring back a sign ordinance so they advertised and asked
bus inessmen to come to a meeting with the ad hoc committee and there were
objections but the sign ordinance is 99% complete and only pole signs are in
question. He added the businessmen wanted to do away with everything and that's
not feasible. He said they kept asking people to come to the meetings and they
didn't show up and then showed up when it's completed. He said when Mr. Hellsten
returns they hope to hold a meeting and have it within 30 days or so.
Mayor Wessler asked Council to make a motion to enact or not enact the sign
ordinance as some people are being cited and some are not and Mr. Karet should
not have to pick out what's dangerous because what's dangerous for one isn't
dangerous for the other. Councilman Hays moved they not enforce it until they
get a sign ordinance they can live with. Doris Hill stated they'll have chaos.
Councilman Jones seconded the motion, and asked how many could have been cited
that were not. Mr. Karet replied the last time the sign ordinance was suspended
they had 12 outstanding violations over a month or month and a half period and
they were largely real estate signs that were oversized within the B-3 district
and some areas of Florida Shores and some questions on distances between signs.
He said when it was suspended last time they sent notification to those 12
individuals and advised they'd be back with them for further action. Councilman
Jones said until they have a complete document it's better to do it once and for
all because of miscommunication as it's not fair to give 12 people leniency and
now enforce it. Councilperson Gillespie requested Council get copies of the
tentative sign ordinance as it stands so they can start working on it. There
was discussion regarding meetings with Coastal Tire and Councilperson Gillespie
stated they have to rework the buffer landscape ordinance. The grandfathering
clause was mentioned. Councilperson Martin asked if they have to come in for
a permit. Mr. Karet exp 1 a i ned the new ord i nance does not address what wi 11
happen to people that put up signs. Councilman Hays asked how they'll issue a
permit for new signs if there aren't guidelines. Mr. Karet replied that as of
now, they won't, and he issues permits to individuals and has to tell them they
meet requirements and address size so individuals that come in will have to go
through the process but those that put up the sign without going through the
process, he will not be able to cite since they're not enforcing the sign
ordinance. Councilperson Gillespie noted they'll curtail business if they don't
issue permits to those trying to abide by the law. Councilperson Martin stated
they should stick with the ordinance they have until they get the other one.
Motion to not reinstate, not to enforce, the sign ordinance DID NOT CARRY 2-3.
Councilperson Martin, Councilperson Gillespie, and Councilman Jones voted NO.
CITIZEN COMMENTS
Henry Dardinski, stated Ms. Clayton made a good point about legal liability on
item 7.E. (registration and competency cards) and whether you use the term
competency or qualifications, you put a disclaimer clause on that card to relieve
the City of liability and they won't be commenting on contractor qualifications.
Mr. Dardinski stated they hired an engineering firm that's bonded to design the
system, now they want to hire a contractor to install the system that's bonded,
and they want someone to oversee and all he'll do is read specifications. He
said our engineering department can read specifications and it should be an in
house situation and they shouldn't pay more money for resident inspection. He
said if the system is in and there are defects, who will they turn to, as the
contractor can say he followed specifications and the design engineers will say
they hired someone to check how it was done. He recommended an in house resident
inspector. Mayor Wessler pointed out Gates Castle is a one-man department. Mr.
Dardinski withdrew his recommendation.
QUESTIONS FROM PRESS
Tom Clements asked if they agreed to pay 4 months severance. Mayor Wessler
replied yes. Mr. Clements asked if Chief Schumaker's request is to bring the
force up to what's consistent with the rest of the country, and what is the
ratio. Chief Schumaker said it's recommended for every 1,000 residents to police
that commun ity you need 2 Po 1 ice off i cers and his request was for Counc il
approval to bring the department up to where the DARE officer will make 30.
16 Council Regular Meeting Minutes
August 5, 1991
.....
...."
CITIZEN COMMENTS
Doris Hill, Lincoln Road, stated it seems all the staff were in favor of not
granting Mr. Perry Barrett his request regarding the tree ordinance and the
attorney said they should grant it and they voted for it 5 to O. Councilperson
Gillespie clarified it was 4 to 0 as she was on vacation.
Ms. Hill asked about the CIP audit by Brent Millikan. Councilperson Gillespie
said they saw a bill of $1,900 but have no report to date. Ms. Hill asked how
long it will be. Councilman Hays replied they'd said it would be 6 weeks. Mayor
Wessler said they'll have a report at the next meeting. Ms. Hill stated Council
is very good at spending citizens' money.
Dominick Fazzone, 302 Paradise Lane, stated they had a heated discussion on
Meadow Lake and he knows the reason why because he 1 ives in Shangri-La and
they've had the same situation the last 7 years. He said it's a shame they let
the builders and developers of Edgewater do this and he's in favor of hiring a
resident engineer on all these projects because those in Shangri-La have spent
hundreds of thousands of dollars to find out when Shangri-La was built they did
not make the drainage according to specifications. He said drawings were
reviewed and there was a problem with the elevation which Mr. Coleman never
filled in and that's why they have flood conditions. He said Mr. Coleman was
also the original developer of Meadow Lake and there's a big problem and they
should proceed cautiously and not get too emotional about it. He added
Councilperson Martin had a good idea to get all the facts as they did with
Shangri-La and Mrs. Bennington got information for them when she was on Council.
He said the City gives bond money back to developers and when they get it, they
won't do a thing about it. He noted Ms. Clayton gave good advice on
ramifications on legal points and they should take it.
Mayor Wessler asked about the Roberts Road bike path and whose fault it was,
the design engineer, or contractors, as she knows money's being held back. Mr.
Munoz explained they're holding back $19,000. City Engineer Gates Castle said
he gave the contractor until July 31st to complete the remaining items that were
still outstanding and a major portion was as built drawings had no resemblance
to what was actually constructed and that led to swale work had to be done and
other construction items need to be done. He said the contractor has not
responded, he's got no correspondence from him, and he understands his attorney
has contacted our Interim City Attorney, but he has no knowledge of that. Ms.
Clayton stated she was contacted by the attorney for the contractor who tells
her this is the third punch list and that they are sending a demand but she
hasn't received anything. Mayor Wessler asked that it be brought back before
school starts if there's a problem with the bike path. Mr. Munoz said there was
insinuation they may take legal action against us. Mayor Wessler said if the
contractor's wrong, the City will take action against them also.
Giai Benninaton, 121 Virginia Street, stated Ms. Clayton said she was refraining
from comments because of the appearance of improprieties and she believes if
Council has her sitting in and advising them on a limited basis, that's still
an appearance of impropriety and it's not representing the people or the Council
justly because she is representing Mr. Barrett in another area and the appearance
is there if she says anything to them, whether she's right or wrong in her
advice. Mayor Wessler noted Ms. Clayton has 3 votes to stay and be their
representative. Ms. Clayton said it's for the client to determine whether a
conflict exists and they may waive it and it's within the client's judgement as
to how to deal with it when it's been announced. She noted she's been practicing
for some time and they all have their own judgement in terms of being able to
see where lines are being approached. She said depending on how today until
Monday goes and development of the report requested, she'll evaluate whether or
not she will recommend to Council to reconsider and have someone else present
because she really doesn't want to get into the middle of something.
Councilperson Gillespie said it's not fair to her. Ms. Clayton said it's easy
to point a finger but it may be in the final analysis it's not the one who
everyone would like to believe is at fault. She said if that's the case, it's
the tendency to find a scapegoat and generally the guys with the biggest black
hats are called developers or builders. She stated they need to proceed with
caution because they have to separate themselves from what is an easy first
assumption and get down to facts. She said those facts will not be immediately
apparent because they're talking about highly technical engineering matters and
it's true water seeks its own level but when you have intervening fi 11 and
changes to landscape man made, at that point is when the drainage issue becomes
complicated. 17 Council Regular Meeting Minutes
August 5, 1991
.
. '
.....
..",.,
I
CITIZEN COMMENTS (Continued)
S;mon Roper, 1800 Maplewood Drive, stated he has assessment notices and he
doesn1t mind paying for what he's getting but he owns parcels on Indian River
Boulevard and is only allowed to build one house and is being assessed for 2
parcels. Mayor Wessler explained any discrepancies are to be handled tomorrow
night at the assessment hearing and he can come into City Hall in the morning
to avoid coming tomorrow night if he wants to. Councilperson Gillespie stated
some are administrative and can be handled that way.
ADJOURN
Councilperson Martin moved to adjourn. Councilman Jones seconded the motion.
Meeting was adjourned at 10:28 p.m.
Minutes submitted by:
Lura Sue Koser
,-~-
LiP
~
ATTEST:
JL.--l ~~-
CITY CLERK /
~
)
18 Council Regular Meeting Minutes
August 5, 1991