05-20-1991 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MAY 20, 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
Excused
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Ken Zimmerman, Edgewater Methodist Church, delivered the invocation.
There was a pledge of allegiance to the Flag.
There was a short recess called to await a new tape machine due to a malfunction.
There was another roll call taken.
Mayor Wessler stated at the last meeting they heard people talking in the back
and sometimes they tend to get antsy and jump to conclusion. She said she
publicly embarrassed someone and is very sorry because she found out later it
was not that person that was talking.
APPROVAL OF MINUTES
Regular Meeting of April 15. 1991
City Clerk Susan Wadsworth stated on page 15 the motion did not carry rather than
did carry and the change has been made. Mayor Wessler suggested they approve
with the correction. Councilman Hays moved they approve the minutes of the April
15 meeting. Councilman Jones seconded the motion. Motion CARRIED 4-0.
CITIZEN COMMENTS
John McGregor, 303 Cherrywood Lane, stated he I s been speak i ng on th i s same
subject for the last 6 months and he's discussed it with the previous attorney
and City Manager and sent letters but he needs an answer. Ms. Clayton stated
she and Mr. McGregor had a long meeting about what held done and what held go
ahead and do and she told him she'll get an answer in regard to the remaining
items and she is surprised he didn't get his answer. Mr. McGregor said that's
not accurate and everything was satisfactory at that time with the exception that
he took a legal point of view and she promised an answer by the 16th, which is
past. Ms. Clayton explained that was to determine if he had to raise the ceiling
height or the stair well and he said he'll do it anyway. Mr. McGregor said he
did not but he did say he wouldn't mind doing it but didn't say he would do it.
Ms. Clayton said that was 6' to 61811. Mr. McGregor said it's 7" difference in
height and the building was in existence for 38 years and now the City comes up
with a requirement to change the height by 7" which is a lot of expense. He
asked why he has to do that as it should be grandfathered in, and that was his
basic question and he's never had an answer. Ms. Clayton stated she met with
Mr. Munoz, Mayor Wessler, and Bill Vola and they discussed the meeting and she
asked if there's a process where he could appeal to a waiver to Councilor an
opportunity that it would not be a requirement or condition and she didn't expect
she'd have to do anything else because she thought there may be a waiver to the
fire safety regulation or continue to be enforced. She said if nothing's
happened she'll have an answer within one week of whether he can have an appeal
or if it will be enforced. Mr. McGregor stated he's spoken on this same issue
3 or 4 times and written letters and had meetings and still doesn1t have an
answer. He said it's less than $15,000 but he's waited 6 months for an answer.
Mayor Wessler asked Fire & Rescue Chief Bill Vola if he's enforcing this and if
Council can waive it. Chief Vola stated it has to go through Building Trades
Regulatory and Appeals Board. Mayor Wessler asked if they submit a recommend-
ation to Council. Chief Vola replied they make a decision and it can be appealed
to Council. Mayor Wessler asked if Council can make a decision without going
to Building Trades. Ms. Clayton replied no and asked if it's in the Code. Chief
Vola replied yes, under section 7-21. Mr. McGregor asked if it's the current
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CITIZEN COMMENTS (Continued)
John McGreQor (Continued) Code book or the one 38 years ago. Mayor Wessler
stated it seems redundant and it seems like we can waive it. Chief Vola pointed
out the Statutes are very explicit that nothing will be grandfathered except
historic buildings and those have to be designated by the State. Ms. Clayton
explained the Fire Chief could take an appeal to the State Fire Marshall.
Councilperson Martin asked why welre bothering with a building built in 1953
and enforcing new laws and weld have to do it on all construction. Chief Vola
explained the Building Trades and national fire codes and SBCCI codes we adhere
to address that grandfathering has been one of the major impacts that caused high
life loss and if it's built in an unsafe condition and will burn rapidly it's
hard to tell the next of kin they died because the building was grandfathered.
He pointed out it's not just a fire code but also a life safety code that's
uniform throughout the State and local government cannot deviate but they can
accept alternatives if they offer equal or superior levels of protection.
Mayor Wessler asked if anyone was ever hurt in that stair well. Mr. McGregor
replied no. Mayor Wessler asked if there were any fires. Mr. McGregor said no.
Councilman Hays asked why there's a delay in getting to Building Trades. Chief
Vola replied it was not appealed. There was discussion regarding the Board's
meeting schedule and Councilman Hays suggested they call a special meeting.
Councilman Hays asked if the inspection happened when an application for a change
of occupational license was submitted. Chief Vola replied yes. Councilman Hays
asked if that was when the substandard building was brought to his attention.
Chief Vola replied yes. Councilman Hays said they should get a ruling before
Building Trades before they go farther because of the mechanisms and the way the
enter into it because it was done in a permit process. He moved they do whatever
necessary through Chief Vola and proceed with this with Building Trades and see
if they can get a meeting immediately or sooner and if they have a problem and
they deny it then bring it back for a decision. Councilman Jones seconded the
motion. Motion CARRIED 4-0.
Mr. McGregor stated it doesn't seem the motion is pertinent and if the Board
says all these buildings have to be brought up to Code, will Council go along
with that. Mayor Wessler explained he'11 have to appeal the Board1s decision
back to Council for a decision according to the Code. Councilman Hays stated
they have to process it in the correct procedure and he wants to give him relief
and a judgement as soon as possible. Ms. Clayton explained the relationship of
life safety and building codes isn't a clear arena and to avoid the Fire Chief1s
going to the State Fire Marshall, Mr. McGregor should take these steps to find
relief. She said Mr. McGregor came up with a reasonable discussion and if he
can offer some alternatives, such as a fire extinguisher, hel1l find some people
will try to relieve him from a condition that doesn't make a lot of sense.
Alice Murphv, 230 N. Riverside Drive, asked about the golf course. Mayor Wessler
replied she can talk about that when it comes up.
Mrs. Murphy referred to the motion to have an audit and said residents will be
in the dark about money spent. She referred to dual payments possibly being made
and said the zone 2 Council member has been blocked with every audit request and
they said the audit would have to go out for bids but the internal management
audit didn't have to go out for bids.
CONSENT AGENDA
Police Chief's request for $1.000 cash advance from Law Enforcement Trust Fund:
Request to advertise for Volusia Growth ManaQement CODlDission member with
appointment made at future meeting - Councilman Jones moved they accept the
consent agenda. Councilperson Martin seconded the motion. Motion CARRIED 4-0.
NEW BUSINESS
Approval of expenses for Florida League of Cities Annual Convention August 22-
24. 1991, at Tampa Convention Center and designation of voting delegate -
Councilman Hays moved to continue or postpone this until the next meeting so all
members of Counc i 1 can vote on th i s de 1 egate. Mayor Wess 1 er suggested they
address expenses and hold off on the delegate so the City Clerk can make
reservations. Councilman Hays amended his motion to be the designation of the
voting delegate since it was combined in one issue held like to postpone but he
moved to approve the expenses. Councilman Jones seconded the motion. Motion
CARRIED 4-0.
2
Council Regular Meeting
May 20, 1991
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NEW BUSINESS (Continued)
Perry R. Barrett re: tree removal permit for Surrey Ridge and placing sign on
property - Bill Hathaway, Attorney, 500 Canal Street, New Smyrna Beach, spoke
on behalf of Perry Barrett for his development of Surrey Ridge Subdivision. Mr.
Luis Geil distributed copies of the plan to Council. Mr. Hathaway circulated
an aerial view. He stated the newspaper reported they're seeking a waiver of
the City ordinance but that's not true, they're here for the City to apply the
appropriate City ordinance and Mr. Barrett's opinion and his is that it's the
tree protection and preservation ordinance. He lauded the ordinance adopted in
March, 1990, which provided the City with a law for extensive protection for
trees. He read a section of page 1138 regarding the definition of developer,
which would include Perry Barrett. He then read the definition for a development
and said this is before LDRA for plat plan approval and he has that for the
subdivision and dividing land into 2 or more parcels. He said paragraph 6
regards clear i ng of 1 and and he wants to remove trees and there's a permi t
process set forth in the ordinance and it begins on page 1141. He said this
removal is authorized by final development plan or tree removal permit and the
City wouldn't let him process a tree removal permit. He said page 1142 refers
to the application and he wants Council to direct staff to allow Mr. Barrett to
apply for a tree removal permit and if he meets the criteria that he be granted
the permit. He said they're asking that Mr. Barrett be treated fairly.
Mr. Hathaway referred to specific sections regarding tree removal permits which
use the term "proposed" and that's talking about what is to be but isn't in
existence yet. He spoke about cross reference to the wetlands ordinance but not
to subdivisions. He stated in an attempt to derail Mr. Barrett, the staff said
since he's in the process of subdividing land, then the subdivision ordinance
must prevail over the tree removal ordinance and he disagrees with that. He read
excerpts from pages 1703, 1717 and 1719. He pointed out they have preliminary
plat approval. He read definitions on page 1708. He stated the City would be
right in interpretation if it stopped there but it doesn't and all Mr. Barrett
wants to do is remove trees and he's not ready to place any structures. He added
since he's not doing both of these things, it's their opinion the sub-division
regulations would not apply and the tree ordinance would be more appropriate.
There was discussion regarding the number and type of trees on the property.
Mr. Hathaway stated Mr. Barrett will replace specimen trees in question.
Planning & Zoning Director Mark Karet stated his interpretation differs from
Mr. Hathaway's and the Planning and Zoning Department has no argument with him.
He said Mr. Barrett has met specifications of 1457 in the tree protection pres-
ervation ordinance. He said a complete application does entitle the applicant
to remove the tree and then they look within the ordinance for specific authority
to grant permission to remove trees. He noted the subdivision code says what
you do with site plan or single family homes but for tree removal regarding
subdivisions is something less than clear. He said they look to the subdivision
ordinance and site plan regulations and the interchange with the site plan regu-
lations and stormwater flood management and they all relate to how they address
an application. He referred to page 1719 which requires plans for improvements
shall be approved by the City Engineer prior to construction of the improvements
and only after preliminary site approval. He pointed out the issue is if it's
reasonable to separate the removal of trees from construction of a road. He said
Mr. Hathaway told them they're removing trees and not improving roads at this
time but the question is, is it reasonable, and he thinks it is not.
Mr. Karet said page 1138 of the tree ordinance has a definition of development
and it states under 6" covers dividing a land and clearing of land as an adjunct
of construction and clearly the tree ordinance is tying it for any facilities.
He said the definition of clearing is on page 1137 which states clearing of any
trees from the land. He stated they have a conflict between two ordinances and
one is the tree preservation which doesn't provide a lot of guidance and the
subdivision ordinance. He read Article V,A,2 of the Code from page 1705
addressing interpretation of the Code. He said based on that, the Planning and
Zoning Department indicated to Mr. Barrett he must get his construction plans
approved by the City Engineer prior to the construction of the roads and any tree
removal associated with that construction.
Councilperson Martin stated she fails to see anything that says non-removal of
trees and feels it's a necessary clearing to get to preparation of improvements
as mentioned on 1708 and nothing sets down in the subdivision rules about trees.
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Council Regular Meeting
May 20, 1991
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NEW BUSINESS (Continued)
Perry R. Barrett re: tree removal permit for Surrey Ridqe and placinq siqn on
property (Continued)
Mr. Karet explained he and Mr. Hathaway are arguing is if it's reasonable to
separate clearing of trees to put roads in and say they are separate activities
and can be approved separately and they disagree. Counci1person Martin stated
improvements are a separate issue and they cannot improve something if they don't
clear the land. Mr. Karet said that's the argument, and you get approval of the
construction plans that give authority to construct the roads and the City
Engineer's approval is authorization to proceed. Counci1person Martin stated
he's putting trees in the improvements and she disagreed. Councilman Jones
requested legal input.
Ms. Clayton compared to the current tree removal ordinance to prior traditions
of clearing real estate to a clean cut of the land. She said it was concluded
at that time that the subdivision ordinance did not cover clearing and tree
removal. She added she regards the tree removal ordinance the more specific
element.
Councilman Hays stated this is a difficult topic due to a newspaper article that
puts them in a difficult position. He added they're looking at interpretation
and conflicts of ordinances and not as a waiver. He asked for non-biased press
to be fair to everyone.
There was discussion about the number and types of trees on the property. Mr.
Hathaway explained there's a total of 9 oak trees they're obligated to replace
under the ordinance. Mr. Karet reviewed the types of specimen trees, noting
it includes trees that could outlast or live as long as improvements on the site.
Councilman Hays moved that they allow Perry Barrett under the tree ordinance to
remove the trees and proceed with this project. He added it's the type building
project and development growth they want to see and he supports this. Counci1-
person Martin seconded the motion. Motion CARRIED 4-0.
Mayor Wessler stated she agrees with Planning and Zoning there's a conflict in
the ordinance and Mr. Karet gets a lot of criticism but he does his job of
upholding ordinances, it's not his job to change it. She requested he look into
changing it.
Land Development & Requlatory Aqency's recommendation to annex 4.98 acres West
of U.s. 1, Bella Vista Church property - Councilman Hays moved they accept the
annexation of 4.98 acres West of u.S. 1, the Bella Vista Baptist Church property.
Councilman Jones seconded the motion. Motion CARRIED 4-0.
Fire & Rescue Chief's request to purchase 12 sets of bunker qear under Seminole
County's purchase contract and 10 Motorola Minitor II paqers with charqers under
State contract - Counci1person Martin stated this was in the budget so she moved
to purchase. Councilman Hays seconded the motion for discussion and asked if
he'11 be trading in the other pagers. Chief Vola replied when they were out
there's not a lot they can do with them and those they're replacing are what
Motorola said cannot be repaired or are not economically feasible to repair.
He added the majority are 8-12 years old. Councilman Hays asked if hel11 have
a service contract with the company and how much time of service he anticipates.
Chief Vola replied he's had very good luck with Motorola pagers and reviewed the
wear and tear they receive. He added they expect 5-7 years life and they have
a I-year warranty. Councilman Hays asked about lease versus purchase. Chief
Vola replied he looked at it and it wasn't economically feasible. Councilman
Jones stated they tried different brands where he works and Motorola seems to
hold up better in the field. He asked if it's piggy backing on Seminole County's
price. Chief Vola replied yes. Motion CARRIED 4-0.
ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
First Reading:
Ord. 91-0-4 Annexinq part of Lot 2, Edqewater Country Estates, located West of
U.S. 1 between Roberts Rd. & 28th St. to correct prior error in leqal description
Mayor Wessler read the ordinance. ORD. 91-0-4 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY
OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY
OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF
4 Council Regular Meeting
May 20, 1991
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued
First Reading: (Continued)
Ord. 91-0-4 Annexing part of Lot 2. Edgewater Country Estates (Continued)
ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK
OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE, AND THE EXECUTIVE OFFICE
OF THE GOVERNOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones moved they adopt 91-0-4.
Councilperson Martin seconded the motion. Councilman Hays questioned the prior
error referred to and there was brief discussion regarding the oversight.
Councilman Hays stated they have a motion but held like a motion to accept it
without waiver of the fee. Motion CARRIED 4-0.
Res. 91-R-22 Authorizing appropriate City official to execute amended and
restated Interlocal Agreement with Volusia City-County Water Supply Cooperative
Mayor Wessler read the resolution. RES. 91-R-22 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIAL TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY
OF EDGEWATER, FLORIDA, AND THE VOLUSIA CITY-COUNTY WATER SUPPLY COOPERATIVE;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. She read the following statement into the record from Council person
Gillespie, who was excused from this meeting: "Reference Water Cooperative, vote
adopting. As per Interim City Attorney statements, I wish to express my concern
that enabling legislation be included in the motion, should you accept, allowing
this City to release from any bonding regarding this venture."
Councilman Hays stated he's spent a lot of time on this and feels it's important
they have this co-op and it should be an advisory board, not just another arm
of the government, and they shou 1 d be aware of the power they de 1 egate and
surrender. He requested an explanation of page 4, paragraph h, regarding the
sinking fund. Mayor Wessler stated the entire co-op is concerned with any type
of funding and theylre not close to that point yet. She said she talked with
Gates Castle about it and he didn't feel they should go that far either and the
only reassurance she can give is that there are many cities and the County that
don't feel they're at that point yet but if itls in the agreement that gives them
an option at a future date to do something. Councilman Hays asked if bonds were
issued, can they say whold pay those bonds. Mayor Wessler explained it hasn't
gone that far. Councilman Hays asked about page 6, paragraph k, regarding
exercising power in connection with authorization, issuance and sale of bonds
for financing or refinancing capital projects in the future. Mayor Wessler
explained in the future the Cooperative is looking to all being in one area of
the County supplying water to the entire County and the capital improvements
they're referring to are any future facilities to be built and future wells and
plants. Councilman Hays asked about page 12, item 8, regarding members
withdrawing but continuing to pay the obligation for the Co-op's debt service.
Mayor Wessler said she thinks it's dues they owe for that year and any
contractual obligation they'd have to pay. Councilman Hays asked if there would
be an obligation after withdrawal. Mayor Wessler replied no, but they have to
payout the year's service and they donlt get their money back.
Ms. Clayton explained there's obligation for bonds issued during the time they
were a member of the Cooperative and those bonds can be 30-40 years and you'd
have to continue to pay those obligations, but you have the opportunity to agree
whether to participate in the bond issue at the time and that doesn't mean you
have to withdraw from the Co-op even if you don't pledge any securities. She
stated the agreement is mushy and shels talked with Mr. Tipton in Daytona Beach
and the interpretation is the County and various Co-op members could enter into
individual agreements amongst themselves and not include every city in the Co-
op. She said the County and the City that would receive benefit would pledge
resources to that bond issue but if a Co-op is into it, then it's supposed to
be an interconnect system and you have to determine if it should fund every
project or if you should allow them to break out in sub-groups for capital
projects. Mayor Wessler said if they obligate themselves to bonds, they have
to continue paying them out. Councilman Hays stated they should watch to see
they're not connected to anything. Mayor Wessler pointed out anything the Co-
op wants them to act on must come before Council.
Councilperson Martin moved they adopt 91-R-22. Councilman Jones seconded the
motion. Motion CARRIED 4-0.
5 Council Regular Meeting
May 20, 1991
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued
First Readinq: (Continued)
Res. 91-R-23 Reappointinq Reverend Lawrence Tee as Honorarv Police Chaplain
Mayor Wessler read the Resolution. RES. 91-R-23 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING REVEREND LAWRENCE TEE
AS HONORARY POLICE CHAPLAIN TO THE CITY OF EDGEWATER POLICE DEPARTMENT; PROVIDING
FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hays moved they accept
91-R-23. Councilperson Martin seconded the motion. Motion CARRIED 4-0.
Second Readinq:{Public Hearinq)
Ord. 91-0-3 Amendinq Chapter 19. Utilities and Services. Citywide residential
recvclinq fee. to $1.00 per month with no exemptions - Mayor Wessler read the
Ordinance. ORDINANCE NO. 91-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING CHAPTER 19, "UTILITIES AND SERVICES" OF THE CODE
OF ORDINANCES OF THE CITY OF EDGEWATER, BY DECREASING THE CITYWIDE RESIDENTIAL
RECYCLING FEE FROM ONE DOLLAR AND SIXTY CENTS ($1.60) TO ONE DOLLAR ($1.00) PER
MONTH; DELETING THE EXEMPTION PROCEDURE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Martin
moved to open the public hearing. Councilman Hays seconded the motion. Motion
CARRIED 4-0.
Marv Voqel, 2201 S. Ridgewood, asked Council to consider not adopting the
ordinance or to table it. She said there are 44 people in her trailer park who
have been complying with recycling to a charitable organization through Mr.
Perk i ns. She suggested they encourage the pub 1 i c to recyc 1 e wi th newspaper
articles and spot checks could be made throughout the City, not just for those
that received exemptions. She asked Council to maintain status quo.
Marv Rosendale, 1807 Queen Palm, asked if the Southard bins will be returned if
this is amended. Mayor Wessler replied the City will return the bins to them.
Council person Martin moved to close the public hearing. Councilman Hays seconded
the motion. Motion CARRIED 4-0.
Councilperson Martin moved they accept 91-0-3 amending Chapter 19. Councilman
Jones seconded the motion. Councilman Hays explained the problem isn't with
those people who seek exemptions, but those that refuse to recycle, and they need
to re-look and enforce the exemptions. He said many have recycled for a long
time for churches and charity organizations and it's unfair to punish them
because we're unable to enforce our own exemptions. He said he feels they're
making a tactical error and they can look at correcting the error.
Councilman Jones stated the entire community makes this project work and they
tried to grant exemptions and felt it was working but it wasn't and people
weren't giving us credit. He said it benefits all the citizens because they'll
pay $1.00 instead of $1.60 and the overall impact is a plus and he hopes they'll
get more education into this area as to what's recyclable and what is not.
Motion CARRIED 3-1. Councilman Hays voted NO.
Mayor Wessler called a recess at 8:20 p.m. and called the meeting back to order
at 8:35 p.m.
UNFINISHED BUSINESS
Response re: clarification of Comprehensive Plan status reqardinq Windview Hotel
Attorney Glenn Storch was not present at this time. (See page 8 of these minutes)
Request to resubmit and reactivate petition for annexation of 450 acres located
9/l0ths mi le South of Roberts Road with direction for staff to prepare ordinances
that will address annexation. zoninq. and related Comprehensive Plan amendment
associated with this request - Attorney Mary Hansen, 1620 S. Clyde Morris Blvd.,
Daytona Beach, represented C. H. Clark and Associates, who proposed annexation
of this property. She said they followed through with what Council requested
and they're now asking Council to waive any further application fee and any
further review by LDRA or staff other than what's needed to accomplish the
decision making process. She added they responded to Mrs. Gillespie's concerns
related to environment and water and sewer and density as far as the County's
concerned. She said she met today with the County and explained lesser density
is West of the railroad. She stated they're trying to be sensitive to environ-
6 Council Regular Meeting
May 20, 1991
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UNFINISHED BUSINESS (Continued)
Request to resubmit and reactivate petition for annexation of 450 acres (Cont'd)
mental concerns and the County staff is more comfortable and she was informed
the County Counci 1 last Thursday reiterated they' re not interested in cha 11enging
the annexation but theyld be interested in getting standard input regarding
environmental issues.
Councilperson Martin stated she understood they were just to accept or reject
the resubmitted application and she doesn't know why theylre having staff direct
ordinances. Ms. Hansen said they're in a strange position where the ordinances
don't have a provision for that procedure and the next step is consideration of
the ordinances and they're hoping to spare them the expense of having them
prepared and her client will authorize her to prepare them for review by the
City Attorney.
Councilman Jones moved they accept the recommendation of the City Manager,
alternative 1. Mayor Wessler read the alternative: "Accept resubmitted petition
for annexation with waiver of new fee and direct staff to prepare necessary
ord i nances that wi 11 address annexat i on, zon i ng, and Comprehens i ve Plan Amendment
associated with this requesL" She passed the gavel to Vice Mayor Louise Martin
and seconded the motion. Motion DID NOT CARRY 2-2. Vice Mayor Martin and
Councilman Hays voted NO.
Recommendation of selection committee to approve proposal of Sliqer & Associates
for survevinq services of Riverside Dr. for Riverwalk project at cost of $19.575
and desiqnate source of fundinq for South portion of Riverside Dr.- Council person
Martin asked if this includes the addition of South Riverside Drive. Mayor
Wessler replied yes. Councilperson Martin moved they accept it. Councilman Hays
seconded the motion. Motion CARRIED 4-0.
Utilities Director's recommendation to award bid for water plant lime sludqe
removal to Oranqe Environmental at cost of $22.400 - Councilman Hays moved they
accept alternative 1 (approval of bid). Councilperson Martin seconded the
motion. Motion CARRIED 4-0.
Public Works Director's recommendation to accept bid for brush chipper from
Bennett Truck Equipment Inc. for $14.433 - Councilman Hays moved they accept.
Councilperson Martin seconded the motion. Councilman Jones asked if this is the
chipper they discussed at mid-budget. Mayor Wessler replied yes. Councilman
Jones asked if it was originally $16,000. Public Works Director Carl Overstreet
replied one of the bids was $16,000 and one he originally looked at. Motion
CARRIED 4-0.
Review aqenda format (Tabled 5/13/91): Determine procedure for advisory board/
committee appointments (Tabled 5/13/91): Review re: Roberts Rules of Order or
other rules bv which to conduct meetinqs (Tabled 5/13/91) - Mayor Wessler
suggested they table and wait to get Mrs. Gillespie's input when she returns.
Ms. Clayton suggested they take them up in a work session instead of taking time
at a public meeting.
COUNCIL/OFFICERS REPORTS
Interim City Attorney - Ms. Clayton stated she was given the contract for David
M. Griffith to review and it has nothing she objects to, it's a simple format,
and they could authorize execution, or if action taken in approving the retaining
of the serv ices is enough, a 11 they need is the report on the document for
performing the work is adequate.
Actinq City Manaqer
Mr. Munoz stated they received the DARE grant that's effective October 1 and
prior to that the Chief would like to get the go ahead from Council to prepare
for the October 1st date. Police Chief Schumaker explained we1ve been tenta-
tively approved for a $20,000 grant to start a DARE officer in the local
elementary schools. He explained that a letter of intent from the Councilor
City Manager is required by the first week of June indicating the City will
obligate 25% of the $20,000 for funding as it's a matching 25-75 grant with
$6,667 being the City's portion. He noted another criteria is a letter from
the Superintendent of Schools. He explained prior to October 1st they have to
get a certified officer that will undertake this task and if it's someone in
house held like to have a replacement as near to October 1st as possible. He
requested a letter with the City Manager's signature, prepared in the Police
7 Council Regular Meeting
May 20, 1991
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COUNCIL/OFFICERS REPORTS (Continued)
Actina City Manaaer (Cont'd) Department, obligating the City to the $6,667.
Councilman Hays asked if it would be due October 1st. Chief Schumaker replied
the grant starts October 1st but there's talk that the grant may be adjusted
because they start teaching before October 1. He added held like to get the
program started when the school year starts but some issues have to be solved
with the Substance Abuse Board. He explained the training requirement and noted
the officer will be assigned to the elementary schools 5 days a week. Councilman
Jones asked if it's a I-year program. Chief Schumaker replied the funding's for
48 months but you have to reapply every 12 months and it will pass unless you
have a lot of problems with the program. Councilman Jones asked if the $20,000
covers the 48 months. Chief Schumaker replied it's $20,000 for 12 months.
Councilman Jones asked what they'd do with that officer if they don't get another
grant at the end of 48 months. Chief Schumaker explained the Cityls portion to
be pa i d and sa i d they I 11 have to dec i de in 4 years whether the program was
successful and if they want to continue th funding and if they decide not to it
won't be difficult to absorb an office the way the City's growing. Mayor Wessler
asked that the letter be submitted and no Council member objected.
Mr. Munoz stated they received a memo regarding the background check on the City
Manager and City Attorney and he anticipates only doing it on the top person
they're thinking of hiring and they're aware of the cost. He asked if Council
agreed and the consensus was agreement.
Response re: clarification of Comprehensive Plan status reaardina Windview Hotel
Attorney Glenn Storch arrived at the meeting at this time and apologized for
being late. He stated he wanted to inform Council of the status of the project
and he reviewed the compromises made. He noted the development agreement is
required to have two public hearings, one before LDRA, which will be Thursday,
May 23rd, and the second before Council as soon as possible after that. He
pointed out the City Attorney made a determination on the Comp Plan but that
issue doesn't have to be raised if the development agreement goes through.
Councilman Hays commended the work done and the negotiations and added he thinks
it's the type of dialogue they need when they get into these projects.
Councilman Jones agreed with Councilman Hays and said he hopes both sides feel
they'll have something they can go with. Mr. Storch noted when they all work
together, including the neighbors, they end up with a better project. Mayor
Wessler announced it will be on the June 3rd agenda.
City Council
Councilman Hays stated he's glad they tabled items F.G.H. and held like to
include in that workshop the scope of duties of the advisory boards and
committees because there's some confusion.
Councilman Hays referred to an item Mr. Munoz had advised them about on the
possibility of a golf course off Park Avenue. Mayor Wessler stated Doris Massey
was in this morning but she wants to sell the property for $1.3 million and then
weld have to develop it. Councilman Hays noted developing a municipal course
is something to discuss.
Councilman Hays asked who can apply for the Growth Management appointment. Mayor
Wessler replied Mark Karet has been on the board and requested he not do it and
citizens from the community can apply. Councilman Hays asked if they could look
at some of the boards. Mayor Wessler asked if the provision that they not serve
on two boards would apply. Ms. Clayton asked for a description of the duties
and if it's a charter. Planning & Zoning Director Mark Karet explained he wished
not to continue serving because it places him in a difficult position when our
Comp Plan is being presented to Growth Management Commission the end of June as
held probably be the best person to do our presentation and wouldn't be able to
if he's serving on the Commission. He noted the Commission determines
consistency of comp plans and they look at all that have been adopted in Volusia
County and as amendments or entire revisions come forward they determine if
they're consistent with those that surround it or are adjacent to it. Ms.
Clayton asked if they're supported by staff. Mr. Karet replied they're supported
by consultants from Orlando. Ms. Clayton asked how many and how they're
selected. Mr. Karet replied it's per capita and Edgewater has one representative
and the County has 4. Ms. Clayton asked if they have any elected representa-
tives. Mr. Karet replied there were some in the past but none currently.
8
Council Regular Meeting
May 20, 1991
. . .
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COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Mayor Wessler stated they have an ordinance on water deposits that the owner of
the house is the one that pays the deposit and she asked why the renter cannot
pay it. She added the owner would be responsible for any bills above that
deposit. Mr. Munoz explained the contract is with owners and our losses would
be much higher due to some transient people. He asked how they could hold the
owner liable if they put the accounts in the renter's name, and added they
changed it to the current system and this works much better. Utilities Director
Terry Wadsworth explained they used to take deposits from the owner and renter
for double protection and State law changed and you cannot accept deposits from
two individuals on one unit. He noted one of the problems in the past was the
low deposit but that will change with the new deposit rates. He pointed out they
contracted with the owner because the owner will be here and the City can collect
and then the owner can collect a security deposit to protect himself. He noted
they could look at the new amounts and see if they'll provide enough protection
and could revisit it. Ms. Clayton said she's not sure of the limitations and
they could re-evaluate and bring it up. Mayor Wessler asked Mr. Wadsworth to
bring it to the next Council meeting.
Mayor Wessler asked if Ms. Clayton has a bill for them. Mr. Munoz replied he
has it.
QUESTIONS FROM PRESS
Linda Creesey, News Observer, asked if they have to wait a year before they
resubmit with the annexation because the vote tied. She also asked if the City
has to provide $16,000 for the DARE grant instead of $6,000. Ms. Clayton
explained they have a I-year waiting period for a zoning category per the zoning
ordinance but not for annexation per State Statutes or otherwise. Mr. Karet
pointed out it only addresses rezoning. Chief Schumaker explained the $16,000
Ms. Creesey referred to was the figure he used as the City's obligation for a
City vehicle and when they went over the grants it was suggested there's only
25% obligation which is the $6,667. Mr. Munoz added $20,000 represents 75%.
CITIZEN COMMENTS
Alice Murphy, 230 N. Riverside Drive, asked how another $26,000 of tax money
times 4 years will get a message across to young people about dangers of drugs.
She asked why the parents can't be responsible for this or the teachers. Chief
Schumaker explained the DARE program and the positive influence when an officer
is available on the school premises. He noted the elementary level is where you
start and it's the best program he knows of at this time. There was further
discussion between Mrs. Murphy and Chief Schumaker regarding the DARE program.
Mary Vouel, 2201 S. Ridgewood, asked about the Riverwalk project. Mayor Wessler
explained it's a bike path on Riverside Drive and it got its name because of the
grant. Ms. Vogel said she was told it wasn't feasible for the South portion and
she hopes it's included because it's very treacherous due to traffic.
Mayor Wessler asked Ms. Clayton about the bills through May 1st. Ms. Clayton
replied as soon as it's off the computer she'll submit it.
ADJOURN
Councilman Hays moved to adjourn. Councilman Jones seconded the motion. Meeting
was adjourned at 9:18 p.m.
Minutes submitted by:
Lura Sue Koser
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CITY CLERK
Approved this /~day of
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MAYOR
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COUNCILMAN - lONi fOUR ,/
9 Council Regular Meeting
May 20, 1991