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04-01-1991 - Regular '-' ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 1, 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 There was a silent invocation, then a pledge of allegiance to the Flag. CERTIFICATES OF RECOGNITION FOR TWO RETIRING MEMBERS OF EDGEWATER VOLUNTEER FIRE BATTALION Mayor Wessler presented the certificates to Daniel Taylor and to Mrs. Barry Campbell who represented her husband. APPROVAL OF MINUTES Workshop/Special Meet;na of February 19. 1991 - Councilman Jones moved they approve the minutes for the special meeting February 19, 1991. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Workshop/Spec;al Meet;na of February 25. 1991 - Councilperson Martin moved they be approved as read. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Reaular Meet;na of March 4. 1991 - Councilman Jones moved they approve the minutes for March 4, 1991. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS None at this time. CONSENT AGENDA Request to sponsor March of D;mes Walk Amer;ca by purchas;na T-sh;rts bear;na C;ty's name for those who walk: Publ;c Works D;rector's request to advert;se for b;ds for 100 cub;c yard sem;-tra;ler to be used for transport;na refuse to County 1 andH 11: Pub H c Works D; rector I s request to advert; se for b; ds to resurface S;lver R;dae Subd;v;s;on. Edaewater Dr. from Eaton Rd. to 18th St. canal. R;vers;de Dr;ve from SR 442 to U.S. 1. and R;vers;de Dr;ve from Park Avenue north to CUy HmUs: Request to purchase 1991 Chevy S-10 p;ckup truck/utHUy veh;cle for F;re & Rescue Serv;ces under State contract for $11.989.22: Car allowance of $150 per month for Pol;ce Ch;ef - Councilperson Gillespie asked to remove the paving and purchase of the truck because they have a 6 months budget review coming up in Apri 1 and these can come up then. Councilman Hays asked to remove advertising for bids for the semi trailer because they're looking at two used trailers from Ormond Beach which held like to discuss before going to bid. Councilperson Gillespie stated two people called and asked that the $150 for the Pol ice Chief be taken off consent and placed on new business. Councilperson Gillespie moved to accept the consent agenda with item A only. (March of Dimes) Councilman Hays seconded the motion. Motion CARRIED 3-2. Councilman Jones and Councilperson Martin voted NO. Publ;c Works D;rector's request to advert;se for b;ds for 100 cub;c yard sem;- tra;ler to be used for transport;na refuse to County landf;ll - Councilman Hays asked if it's the same budgeted item they discussed previously when he mentioned two used trailers from Ormond Beach. Mr. Overstreet replied that's correct and he needs Council approval to pursue purchase of the trailers for the City and he can come back with a recommendation to purchase the two if it works out with Ormond Beach or go with the original request. Councilman Hays asked if the intent is to go with Ormond Beach with the second option being the original. '-' ...., Public Works Director1s request to advertise for bids for 100 cubic yard semi- trailer to be used for transportina refuse to County landfill (Continued) Mr. Overstreet repl ied yes. Councilman Hays moved they accept item B. Councilman Jones seconded the motion. Motion CARRIED 5-0. Public Works Director1s request to advertise for bids to resurface Silver Ridae Subdivision, Edaewater Dr. from Eaton Rd. to 18th St. canal, Riverside Drive from SR 442 to U.S. 1, and Riverside Drive from Park Avenue north to City limits Councilperson Gillespie stated she got calls about this project and it's cheaper to go out for more on bid but we have to pave Turgot when we purchase the property but shou 1 d wa it unt il then as it's a cap project. Mr. Overstreet explained his budget did not include Turgot this year and he was told by the former City Manager to hold up on paving in the event they got everything cleared up they'd use part of the resurfacing money for Turgot. He added at this time in the budget year he felt it was necessary to get done what they originally budgeted for and if there's a problem with Turgot they'll have figures to put there in next year's budget. Councilperson Gillespie asked Mr. Munoz to review the August tapes regarding Silver Ridge paving. Mr. Munoz stated there were no grants for Silver Ridge. Councilperson Gillespie said she attended the August meeting and Mr. Johnson said it could come from a grant. Mr. Overstreet explained that doesn't qualify but the County has a list of those that do qua 1 ify. Counci lperson Gi llespie moved they accept item C. Counei lman Hays seconded the motion. Motion CARRIED 5-0. Request to purchase 1991 Chevy S-10 pickup truck/utility vehicle for Fire & Rescue Services under State contract for $11,989.22 - Councilperson Gillespie asked to postpone this to the April budget review and hold major purchasing until that time. Mayor Wessler asked if Chief Vola has an immediate need. Chief Vola replied yes, the vehicle it's replacing has over 230,000 miles on it and there's no door post on the passenger side between front and back. He noted Council- person Martin rode with him and knows the vehicle should have been replaced years ago. Councilperson Gillespie stated the public wants to hear the explanation and they didn't feel it's a common and ordinary item. She asked if he feels it should go immediately to State bid. Mr. Munoz stated he wanted to bring up a van and 3/4 ton truck for the Utility Department. Councilman Hays asked if this is the King cab with the breathing apparatus in back. Chief Vola replied yes. Councilperson Gillespie noted this was discussed in December. Councilperson Martin moved they go ahead and purchase. Councilperson Gillespie seconded for the Fire Department. Motion CARRIED 5-0. Mr. Munoz stated the other vehicles weren't on the agenda and this was discussed last Monday. Utilities Director Terry Wadsworth stated these two items were in the budget review and trucks and vans are about to end the production year. He pointed out both vehicles are under the amount budgeted and are available under State bid. He added the van is to replace a 1978 3/4 ton truck that the City's mechanics have requested they take off the road. Councilperson Gillespie asked if this is the truck they discussed earlier and he told her it was for the man at the water plant. Mr. Wadsworth replied yes. Councilperson Gillespie asked if it could wait until next budget year since the water plant's not ready. Mr. Wadsworth explained they have well maintenance and readings and miscellaneous trips. Councilperson Gillespie asked the number of vehicles now. Mr. Wadsworth replied 1 for water and others are for field operations. Councilperson Gillespie asked if it's separate from water. Mr. Wadsworth replied yes. Mayor Wessler pointed out these were budgeted and discussed and nobody took them out then. Councilman Hays asked if this is a savings from manhours and parts. Mr. Wadsworth replied the 1978 Chevy is and the other is a time requirement more than a physical requirement. Councilman Jones asked if it's State bid and lower than what was budgeted. Mr. Wadsworth replied yes. Councilman Jones said it will be higher priced next year and he moved they go ahead and accept Mr. Wadsworth's bid to the State for the van and a 3/4 ton truck. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Car allowance of $150 per month for PoHce Chief - Councilperson Gi llespie stated she has no problem with this but the public wants to know what they're doing and what it replaced and if they'll pay him per diem from DeLand. Mayor Wessler asked if he drives his own car for City business. Chief Schumaker replied yes. She asked if he charges for it. Chief Schumaker replied on two occasions, with the Winter and Summer conferences, and weekly he makes other business related trips in his private car at his expense and didn't ask for reimbursement from the City. Councilman Hays stated he travels all around the County for work 2 Council Regular Meeting April 1, 1991 '-" ....", Car allowance of 150 er month for Police Chief (Continued) related functions and 150 per month is to offset operating expenses. Council- person Martin said he shouldn't be different from others and should be reimbursed. Chief Schumaker stated he doesn't know of any Police Chief in the State that doesn't have a car allowance or car provided to him. Councilperson Martin moved they accept it. Councilman Hays seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Request for review of site plan for Windview Hotel. East side of S. Riverside Dr. north of Boston Road. SP-9013 - Mayor Wessler stated this was postponed until the next meeting. Councilman Hays asked the reason for the postponement. Ms. Clayton explained there were no problems with their attorney's request. Belmont Homes. Inc. request for variance for seawall constructed on property at 5 Pelican Lane. Pelican Cove East - Mr. Dick Dixon spoke on Mr. Carder's behalf. Mayor Wessler asked if this is a sea wall or bags. Mr. Dixon replied bags. Mayor Wessler asked when it was constructed. Mr. Dixon replied sometime last year, possibly around October or November. Mayor Wessler asked if there are sea walls on the sides of this. Mr. Dixon replied the North side. Mayor Wessler asked if there's anything on the South side. Mr. Dixon replied no. Mayor Wessler asked if he was aware at the time he did it that they needed permits and if they ever got permits. Mr. Dixon replied they worked with the Army Corps of Engineers at one time. Mayor Wessler said she thought quite a few people are to be notified on a permitting process. Planning and Zoning Direct Mark Karet agreed. Mayor Wessler asked Mr. Karet for his recommendation. Mr. Karet said the City ordinances are consistent with the County's minimum standards which prohibit hardening of shore lines except in cases of erosion and prohibits the use of vertical walls or bulk heads. He explained they contacted the County as they do when it relates to County minimum standards and the County pointed out wetlands were filled behind the sea wall and a non vertical rip rap revetment was built behind the wetlands line which is difficult to see. He further explained effects on shore lines, adding if the sea wall had been properly designed, there would be no reason not to grant the request. He stated the recommendation is the existing wall be removed and, if Council wishes, to grant them an opportunity to build another one. Councilperson Gillespie asked about Army Corps of Engineers. Mr. Karet replied they don't care if it's vertical or not, it comes from County minimum standards. Councilman Jones said he doesn't need a sea wall and you can build a house without it. Mr. Karet agreed. Councilman Jones said he put up a sea wall that doesn't meet County standards. Mr. Karet said County and City standards. Councilman Jones noted previously they went to Army Corps of Eng i neers, and he asked when the new ord i nance took effect. Mr. Karet replied the new ordinance was passed March 5, 1990. Mayor Wessler asked why the sea wall was installed. Mr. Dixon replied to spruce up the property and they thought it was environmentally sound. He disputed they filled in on wetlands. Mr. Karet explained former Army Corps requirements. Councilperson Martin stated a vertical sea wall does not cause erosion and she had to counter act that erosion by planting sea grass. Ms. Clayton asked the result to this property if there are vertical and non- vertical intermingled. Mr. Karet explained sea walls to the South are not immediately adjacent and there's hardening of the shore line throughout Pelican Cove. Mayor Wessler asked if he contacted Army Corps to put up other sea walls. Mr. Dixon replied yes, and this time, and they told him if they stay back from the wetlands and they stayed in line with other existing sea walls that were approved by them at one time. Mayor Wessler asked about intermingling. Mr. Karet explained erosion would be in front of those vertical walls. Mayor Wessler asked if it will have any effect. Mr. Karet replied he cannot guarantee it. Councilman Jones asked if he'll have to put in another wall if they remove it. Mr. Karet replied there'd be no necessity for another wall. Councilman Jones said a wall is better than none because if he moved it, he'll have erosion. Mr. Karet explained there's no erosion and the only reason for putting it up was aesthetic purposes. Mayor Wessler asked if it will cause erosion problems. Mr. Karet replied there's a greater potential for erosion than a non-vertical sea wall but he cannot say if there will be more erosion. Councilman Jones asked if it would be greater without the sea wall at all. Mr. Karet said this was not erected to protect the property from erosion but if the river should rise in a flood stage there may be more cause for concern. 3 Council Regular Meeting April 1, 1991 '-" ..""" NEW BUSINESS (Continued) Belmont Homes Inc. re uest for variance for seawall 5 Pelican Lane. Pelican Cove East Continued) Councilman Hays referred to the statement in the Comp Plan to avoid bulk heads, etc. and said the first mistake was not using resources of the City to get a permit to find alternatives and he wonders if the man was caught in the process when the rules changed. He then moved they deny the variance for the sea wall constructed on property at 5 Pelican Lane. Mayor Wessler asked if he wants to require him to put a rip rap. Councilman Hays replied there's a permitting process and resources available. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie stated that was quoted from the 1980 Comp Plan that was still in effect and one adopted last year by prior Council. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Res. 91-R-14 Appointina one member to Industrial Development Board due to resianation of James Baldwin - Councilperson Gillespie moved to appoint Nancy Swiney to the Industrial Development Board. Mayor Wessler suggested they come up with a different process for nominations. Ms. Clayton asked if Council considered appointments by districts or appointments by each Council member as it would assure their representative on the board would carry out their ideas. There was discussion regarding applications from within and outside Florida Shores. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved they adopt the resolution appointing Nancy Swiney to the Industrial Development Board. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Res. 91-R-15 Appointina Ruth OIRourke to Board of Trustees of Police Officers Retirement Trust Fund for two year term - Councilperson Gillespie moved to adopt Resolution 91-R-15 to confirm the appointment to the Police Officers Trust Fund. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING RUTH OIROURKE TO THE BOARD OF THE TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE 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. Res. 91-R-16 Appointina one member to Citizens Council Advisorv Committee due to resianation of James Inman - Councilman Hays moved they appoint Marvin Earl Copeland of 911 Flagler Avenue. Councilperson Gillespie seconded the motion. Motion CARRIED 4-1. Counci lman Jones voted NO. Councilperson Gi llespie and Mayor Wessler thanked Mr. Inman for serving. Mayor Wessler read the resolution, adding the name of Marvin Earl Copeland for an unexpired term to end November, 1992. RES. 91-R-16 - 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. Councilperson Gillespie moved they accept the resolution putting Mr. Copeland on the Citizens Advisory Board. Councilman Hays seconded the motion. Motion CARRIED 4-1. Councilman Jones voted NO. Second Readina:(Public Hearinal None UNFINISHED BUSINESS Recommendation to award bid for North U.S. 1 water transmission main to Thad Construction Company in the amount of $136.200 - Councilperson Gillespie moved they accept the recommendation of the Acting City Manger, alternative 1, to award the contract to Thad Construction Company in the amount of $136,200. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler recessed the meeting at 7:50 p.m. and called it back to order at 7:55 p.m. 4 Council Regular Meeting April 1, 1991 '-' .." COUNCIL/OFFICERS REPORTS Interim City Attorney - No report at this time. Actina City Manaaer - No report at this time. City Council Councilperson Gillespie stated the Volusia Historical Society is asking for someone to serve and anyone interested can submit their name. Council person Gi llespie moved they endorse the Employee Ass istance Program. Councilman Hays seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie stated the Public Service Commission published a gas rate increase that was posted in City Hall and she asked if they could have Mr. Morgan at the next regu 1 ar meet i ng incase the genera 1 pub 1 i c wants to ask questions. She added if no one objections, staff will take a non-binding survey for gas for the City. Counci lperson Gi llespie stated the finance report of March 5th showed the balance of the BAN money and they're losing money with the $636,100. Mr. Munoz explained it's $581,000 now and they have interest expense due about June and part of Dyer, Riddle will be billed on several contracts for engineering and design work to be done. Councilperson Gillespie requested a thorough review of Dyer, Riddle contracts to come before Council. Councilperson Gillespie said they approved the North u.S. 1 water line with 10 fire hydrants and 83% came from Florida Shores home owners building permits. Ms. Clayton suggested Mr. Munoz could inquire about limits of investments of the money due to arbitrage and perhaps they could find a competitive rate. Councilman Hays stated he gave them packets several weeks ago on a proposal for a resolution to rename Indian River Boulevard in honor of Russ Galbreath and held like them to review it and discuss it with others in the community and bring it back soon. Mayor Wessler asked that it be on the 15th agenda. Counci lman Hays stated he'd 1 ike the proposal by the County as the Port Authority for boat ramp fees to be on the next agenda. He said he's discussed it with Jack Corder and a County Councilmember and he can see problems. Councilman Hays stated the Easter Egg Hunt was fun and he thanked Chuck Morgan and all the Parks and Recreation members and volunteers. Councilman Hays said Ray Wasarhaley sent a memo March 21st regarding stormwater charges and held like it to come up again soon for discussion with a possibility of stormwater fees for everyone in the City. Mayor Wessler suggested this be the first of May. Councilman Hays agreed. Mr. Munoz stated hels prepared a memo on stormwater. Councilperson Gillespie asked when recycling is coming back. Mayor Wessler replied she thinks the 15th. Counci lperson Gillespie said the ordinance was to be reviewed with citizen comments at the beginning and end at 6 months and it was never done. Counci lman Hays stated other items he has wi 11 be reviewed with Mr. Munoz personally, such as the memo from Dan Allen to Ron Ferland. Mayor Wessler asked Mr. Munoz to talk with Jack Corder as to why they're digging a ditch at Rotary. Mr. Munoz stated Jack called him and the President of Rotary and Mark Karet was going to send Code Enforcement out because they're concerned with further digging or widening. Mr. Karet stated he sent the Code Enforcement Officer and they are widening the pond and they've taken photos. He added Jack will contact Rotary as they agreed not to increase the pond size and now they're doing so. He added he doesn't know if the contractor's working independently. Mayor Wessler asked if the City has a contract with Rotary to do this, and if not, a stop work order shou 1 d be put on it because they're d i gg i ng deeper. Councilperson Gillespie said she wishes they would issue a stop work order and Councilman Jones agreed. Mayor Wessler asked Bill Vola to do it. Mayor Wessler asked Mr. Munoz to talk with Rotary tomorrow to see if the City can take over the project and finish it properly. 5 Council Regular Meeting April 1, 1991 "'" ...", COUNCIL OFFICERS REPORTS (Continued) C;tv Counc;l Continued) Mayor Wessler asked Carl Overstreet if he looked at Royal and Queen today that were under water. Public Works Director Carl Overstreet replied he looked at it at 30th Street and the engineer's been working on areas and they have a plan to try to correct it. Mayor Wessler asked if it's caused by the bike path. Mr. Overstreet replied part of it, it was an existing problem, and the bike path increased it and they're working on a redesign to correct it. Mayor Wessler stated they can have a special meeting to discuss the agenda format and how they nominate to boards and Roberts Rules as all they need are a couple of basic rules to go by. Councilperson Gillespie pointed out it's Roberts Rules when it may apply. There was discussion about available dates. It was agreed to have the 6 months budget review on April 29th and board appointments, agenda discussion, Roberts Rules, and organizational chart on May 13th. Councilperson Gillespie asked if those expired between now and the 13th will be extended. Mayor Wessler replied yes. Mr. Munoz stated the City Attorney is reviewing the two contracts for the engineering projects and they will be on the 8th agenda. QUESTIONS FROM PRESS None CITIZEN COMMENTS Georae Na;ll, Royal Palm, referred to the requests for vehicles for the Fire and Water departments and said he hears that it's in the budget and it looks like th i s sets a precedence and if it' sin the budget it has to be approved. He added they probably need this vehicle but he never sees justification submitted except one is rusted out and the other is time consuming maintenance. He said they should demand justification so the public is aware of how money's spent. He added they had some strong pay raises. Mr. Naill stated subsequent to the March 11th Council meeting they passed a resolution and ordinance dealing with special assessments and they requested the City Attorney to give an opinion or explanation on why 166 was applied as opposed to 170. He stressed the importance of a reply in writing. Ms. Clayton explained 166 is Home Rule Powers of the City. Mr. Naill and Ms. Clayton discussed the two chapters of the Statutes and the budgeting process of the City. Mr. Naill again stated justification should be presented for purchases. Mayor Wessler explained most Council members talk to Department Heads before the meetings and they show justification in a written report to the City Manager. There was further discussion regarding justifications submitted. Mr. Munoz reviewed the budget meetings held with appropriate advertisements for the current year. He added they're about to start the process for next year. Ms. Clayton stated regarding authority of the special assessment ordinance, there will be an entire campaign of public information and public meetings developed for the public. M;ke B;lHck stated he asked for a letter from Ron Ferland. Mayor Wessler replied it's on her desk and he hasn't been in. John McGreaor, 303 Cherry Wood, stated he's the previous owner of Edgewater Rent-all and sold his business in October. He stated the new owner applied for a business license and still doesn't have it and has been operating without a license. He said he's written letters and has no response. Mayor Wessler said the other letters were turned over to the previous City Manager and Mr. Munoz will handle it. Mr. McGregor referred to a contention with the Fire and Safety Inspector which was going to be referred to the City Attorney and perhaps this City Attorney could look at it. Mayor Wessler agreed. ADJOURN Councilperson Gillespie moved to adjourn. Councilperson Martin seconded the motion. Meeting was adjourned at 8:28 p.m. Minutes submitted by: Lura Sue Koser 6 Council Regular Meeting April 1, 1991 .: , . '-" ATTEST: ~t-~. CITY CLEm< Approved this ~ day of 117 ' 199---L-. ~ ." ~l~t~~~~ M OR ... ..., ~. (;Jt~ ) L/.';J/~ - ...c.-. {" ,. " J COUNCILMAN - ZONE FOUR iVl/ 7 Council Regular Meeting April 1, 1991