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03-18-1991 - Regular . , !I.' , (--~ .."", CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 18, 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 Miracle, Friendship Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. PROCLAMATION FOR AMERICAN ASSOCIATION OF UNIVERSITY WOMEN AWARENESS MONTH Mayor Wessler read the proclamation and stated she'll mail it. PRESENTATION OF CERTIFICATE TO VIC VANDERGRIFFT FOR WORK WITH CITIZENS FOR NEEDY BASKETS - Mayor Wessler presented the certificate to Mr. Vandergrifft and thanked him for his hard work with the Needy Baskets program. Councilman Hays noted Mr. Vandergrifft and another man were getting food for the needy over the holiday season while others were shopping. Mr. Vandergrifft reviewed the numbers of baskets distributed over the last 11 years and thanked the Mayor for the plaque. APPROVAL OF MINUTES Workshop/Special Meeting of Februarv 11. 1991 Councilman Jones moved they accept the minutes of the Special Meeting/Workshop. Council person Martin seconded the motion. Councilman Hays stated held like reflected on page 6, next to the last paragraph, regarding pay to Council for attending meetings, that it be regular meetings as that was his intent, and it wouldn't be in the best interest of anyone to do it for all meetings or unscheduled special meetings. Motion CARRIED 5-0. Regular Meeting of February 13. 1991 Councilperson Martin moved they approve these. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS George Ewing, Royal Palm, spoke on the things Council had said prior to election and the changes since election. He stated Council's been in office 4 months and asked what they1ve accomplished. He asked if they think they're doing a good job. He asked that they pay attention to their promises and statements made before they were elected. He reviewed the various statements made by the Council members and Mayor, except for Councilperson Gillespie, regarding their positions on the Fire Department, financing of the CIP, swimming at Menard-May Park, and others. He suggested they see what he can do before they raise the pay of the Interim City Manager. He referred to the efforts of Mr. Naill and Mr. Billick in researching the CIP in an effort to reduce costs. He said he questions hiring a full time attorney because he doesn1t know what held do full time. He stated he objects to taxpayer1s getting stuck for $50,000 when they voted to replace the City Attorney and City Manager, and held heard the $24,000 to Mr. Johnson wasn1t necessary. He asked when they'll institute something for the average taxpayer on ways the City can be improved. Councilperson Gillespie explained she didn't promise anything before election and said she'll give 100% which she's trying to do. She reviewed some of their accomplishments: ratification of union agreements retro to October 1; a senior citizens ad hoc committee working on senior recreation; she1s having a dutch treat breakfast in the next week for anyone in her zone that wants to come. Councilman Hays explained they're addressing things he talked about, they don't happen overnight, and the process is slow because of channels they have to go through. He expressed appreciation for work done by Mr. Naill and Mr. Billick and extra time spent by Mr. Billick. , . ,..,. ...., CITIZEN COMMENTS (Continued) Georqe Ewinq (Continued) Mr. Ewing expressed concern for widows and others with monies being spent that he thinks can be spent more wisely. Councilperson Martin said new Council has inherited problems they're trying to clear up to get to important matters that weren't taken care of in the last 2-4 years and she thinks they can move forward now. Councilman Jones noted they've been talking about the CIP for 6 or 8 years and you don1t do it overnight when you're looking at $43 million. He referred to a senior ad hoc citizens committee through Parks and Recreation and explained on his brochure were goals, not promises, and he'll push for swimming at Menard. He said Council will see they get the CIP and quit dumping into the River. He asked for patience as there1s a lot of red tape. Mr. Ewing agreed this Council has done more on the CIP than the last Council but thinks it will take care of itself and he's concerned with other things that can be improved. Mayor Wessler pointed out they work every day on little things, all departments are working together, and this Council puts in more hours than anyone. Wayne Tyler, 3219 Yule Tree, spoke on people working in the City without a license and insurance. He said they asked Code Enforcement to send a letter to someone working without a license. He said subcontractors are supposed to have names on the sides of their vehicles. Mayor Wessler said she and Fred met with him and his wife Friday and he's upset that unlicensed people are operating in the City because he pays insurance and workers compensation and others aren't. She said someone destroyed something on a job. She added they need to direct Code Enforcement about when they don't have names on the sides of the trucks. Mr. Munoz explained when someone's getting a license they pay the fee and with that receipt they go to the County but now they'll not allow them to pay for the City license until they meet all requirements therefore they wouldn't have a receipt to take to the County. Mayor Wessler agreed they could try that and if they have more problems they will hear from him again. Mayor Wessler and Councilperson Gillespie thanked Mr. Billick. Mike Billick, 2528 Lime Tree, Vice President of United Taxpayers, distributed a fact sheet dated March 18, 1991. A copy is attached to these minutes. He reviewed the figures and referred to an article in the newspaper with incorrect information. He noted the Frank Marshall report was a conceptual plan and didn't contain certain items in the Dyer, Riddle report, such as paving, which wasn't requested at the time. He said he discussed the concept plan with Frank Marshall to see what it would cost to bring it up to present day construction costs and he'd told him between $9 and $11 million so they used $10 million average. He rev i ewed increases for the wastewater treatment plant and responses made by Dyer, Riddle for these increases, plus the 201 Plans for 1989 and 1990. He extensively reviewed the Dyer, Riddle fee percentile figures. He suggested some of the work could have been done in house by Mr. Castle. There was discussion regarding the variation of fees below and above the average. Mr. Billick stated the difference between Dyer, Riddle and Marshall Plans is that Dyer, Riddle is a Cadillac and Marshall is a Ford so if they want to cut costs more you go with the Ford instead of the Cadillac. He said he thinks costs could be slashed 15- 30%. Mr. Billick thanked Gates Castle for the work he's been doing, adding he's saved the City money with the Roberts Road bike path, Park Avenue project, Library parking area, and others. He referred to Mr. Castle1s small budget and he recommended they hire an additional person in this department. He suggested Mr. Castle be rewarded with a meritorious increase in salary by taking money from i nf 1 ated budgets from other departments. Mayor Wess 1 er stated they cannot change a lot of things that were done but they're trying to get costs down as quickly as they can and they listen to people and check it thoroughly but some are beyond their grasp now. Councilperson Gillespie said she talked with Geoff Mansfield in Tallahassee and he told them to let costs go high and get the money and then chop it when they get the State Revolving Fund loan. Harry Jones, 3035 Tamarind, stated since the first meeting of Council the first motion has had them in an uproar because they were firing two of the top civilians in the organization. He said there were no charges against Mr. Alvarez but they didn't like his contract and it seems the Mayor should have called the motion out of order and requested charges be brought and carried forth in the proper manner. Mayor Wessler suggested he meet with any Council member to discuss terminating contracts of the City Manager and City Attorney. Mr. Jones said he hopes it's over now and asked who's on the hit list. Mayor Wessler and Mr. Jones discussed his comment. 2 Council Regular Meeting March 18, 1991 '-" ...", CITIZEN COMMENTS (Continued) Kenneth Groqan, 3303 Umbrella Tree, distributed copies of a survey showing his property backs up to a drainage ditch. He stated digging of this canal caused the back of his property to erode past the drainage easement and caused consid- erable damage to his property. He added he's talked to the Public Works Director and others. Mayor Wessler said she and Mr. Munoz were there today at Mr. Grogan's request and his property is eroding and it was under his fence. She said she, Mr. Munoz, and the attorney will review records to see who dredged the can a 1 and how many times it's been dredged and Mr. Munoz will contact him tomorrow. She said he has a problem and they1re trying to help him fix it. CONSENT AGENDA Parks & Recreation Director's recommendation re: umpires to officiate for 1991 reqular baseball season - Councilperson Gillespie moved they accept the consent agenda. Councilman Jones seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Review of ordinances requlatinq parkinq of semis, trailers, and recreational vehicles - Councilman Hays stated he received several calls the last few months and semi parking in the Shores is a problem for several individuals. He noted in February the Citizen Code Enforcement Board brought it up at their meeting and when they get complaints they turn them over to the City to deal with them but they have to catch the people in violation before they can do anything about it and then once cited it goes before the Board but there's lag time. Mayor Wessler said she put this on the agenda because she got calls also and they have semis working on the road and coming into town week-ends and she was told they were supposed to be given a place to park. Councilperson Gillespie said that was what it was supposed to be. There was discussion regarding calls received. Mayor Wessler asked Planning and Zoning Director Mark Karet to look at some type of ordinance and look at other cities' ordinances that would address this and if people use it for a second vehicle perhaps they could get a permit to park for a certain amount of hours. Councilman Hays said they need some input about semi tractor trailers and some streets should be used and some aren't built for it. Councilman Jones said he thinks they'll have a lot of complaints if they let tractor trailers in a residential area. He asked if the area to park was to be supplied by the City or businesses. Councilperson Gillespie said it came up 3 years ago and she'll look at the minutes. Councilman Hays stated they're looking at this ordinance but it shouldn't be interpreted as no ordinance and they should continue to enforce the ordinance they have until they look at a fair and equitable away to deal with it. Councilperson Martin asked if complaints are about tractor trailers only. Mayor Wessler replied some people called about travel trailers and mobile homes and she reviewed the parking requirements. Police Chief's request to enter into Voluntary Cooperation Aqreement with State Attorney's office for joint investiqatinq of routine law enforcement matters across jurisdictional lines - Councilman Hays moved they approve Chief Schumaker's request to enter into the Voluntary Cooperation Agreement with the State Attorney's office. Councilperson Martin seconded. Motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Readinq: Res. 91-R-12 Appointinq three members to land Development and Requlatory Aqencv due to ex iration of terms of Nanc Blazi Dominick Fazzone and Robert Garthwaite Post oned at 3 4 91 re ular meetin - Councilperson Martin moved to reappoint Nancy Blazi, Robert Garthwaite, and Dominick Fazzone for a second term in accordance with the LDRA by-laws. Councilperson Gillespie seconded the motion. Motion DID NOT CARRY 2-3. Councilman Hays, Mayor Wessler, and Counci lman Jones voted NO. Counci lman Jones moved they nominate Dominick Fazzone. Council person Gi llespie seconded the mot ion. Mot ion CARRIED 4-l. Councilman Hays voted NO. Councilman Hays moved they nominate Pamela Munson of 1 Pines Edge Court. Councilperson Gillespie seconded the motion. Motion DID NOT CARRY 2-3. Councilperson Martin, Mayor Wessler and Councilman Jones voted NO. Councilman Jones nominated Ray Anderson. Councilperson Gillespie seconded the nomination. Roll call DID NOT CARRY 2-3. Councilperson Martin, Councilman Hays, and Mayor Wessler voted NO. Council person Gillespie nominated Robert Garthwaite. Councilperson Martin seconded the motion. Motion CARRIED 4-l. Mayor Wessler voted NO. Councilperson Gillespie stated Mr. Roberts should be withdrawn because of 81-R-5 that the Attorney is reworking since his wife is on the Merit Board. Mayor Wessler nominated Bill Rossiter. Council person Gillespie seconded the nomination. Roll call CARRIED 3-2. Council person Martin and Councilman Hays voted NO. 3 Council Regular Meeting March 18, 1991 .... ....", ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading: Res. 91-R-12 (Continued) Mayor Wessler read the resolution, inserting the names of Dominick Fazzone, Robert Garthwaite, and William Rossiter. RES. 91-R-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING THREE MEMBERS TO THE LAND DEVELOPMENT AND REGULATORY AGENCY 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. Councilperson Gillespie moved they accept Resolution 91-R-12. Councilman Jones seconded the motion. Motion CARRIED 5-0. Councilperson Gillespie moved they give a certificate for her service to Nancy Blazi. Councilman Jones seconded the motion. Mayor Wessler said they give her recognition at the board dinner and she'll write a letter for everyone to sign. Res. 91-R-13 Appointing fifth member to Firemen's Pension Board for two year term Mayor Wessler read the resolution, inserting the name of Al Gilbert. RES. 91- R-13 - 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, FLORIDA, FIREMEN'S PENSION TRUST FUND; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones moved they adopt 9l-R-13. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Second Reading: (Public Hearing) None Mayor Wessler called a 10-minute break at 8:13 p.m. for the engineers to prepare their presentations. She called the meeting back to order at 8:24 p.m. UNFINISHED BUSINESS Presentation by engineering firms for services related to design of the reclaim water plan and for water distribution system in conjunction with Park Avenue widening project - Representatives from the following engineering firms: Boyle Engineering Corporation; Briley, Wild & Associates; Camp Dresser & McKee, Inc.; and Engineering-Science, Inc., reviewed their experience with reclaim water plans and their qualifications and resources available. At the end of their present- ations, Council ranked their choice. Mayor Wessler thanked the engineers for doing a good job and announced the top of the list is Briley, Wild and they'll start negotiations with them and appoint a group. She noted they have a tie with Camp Dresser and Engineering-Science and Boyle is last. Mayor Wessler suggested the group be Gates Cast 1 e, Terry Wadsworth, Fred Munoz, and the Attorney and one Council member. Councilperson Martin suggested Mrs. Gillespie. Councilperson Gillespie said she's willing to stay on. Representatives from the following engineering firms: Briley, Wild & Associates; Charles E. Burkett & Associates, Inc.; and Quentin L. Hampton, Inc., reviewed their qual ifications in conjunction with the Park Avenue widening util ity relocation project. Davis, McMahan, Rogers & Associates, Inc. did not have a representative present. Council ranked their choice. Mayor Wessler thanked the engineers for their presentations and announced their first choice was Burkett & Associates, Quentin Hampton was second, and Briley, Wild was third. She said they'll set up a negotiating team consisting of Gates Castle, Terry Wadsworth, Fred Munoz, City Attorney, and Mrs. Gillespie. Advertisement for City Attorney applications Ms. Clayton asked to defer this and deal with the other items. She said some citizens questioned the Mayor making a motion on the LDRA appointment. She said the Mayor can pass the gavel or Council can seize the opportunity. Mayor Wessler pointed out William Rossiter was a nomination. Councilperson Gillespie moved they appoint William Rossiter to LDRA. Councilman Jones seconded the motion. Motion CARRIED 3-2. Councilperson Martin and Councilman Hays voted NO. Advertisement for City Manager applications: Salary for Fred Munoz as Acting City Manager: Discussion and possible action regarding internal management audit Mayor Wessler asked to waive the next three items until next Monday, the 25th. No Council member objected. 4 Council Regular Meeting March 18, 1991 "-' ..." COUNCIL/OFFICERS REPORTS Mayor Wessler asked Mrs. Doris Hill to speak during citizen comments or step outside. Interim City Attorney - Ms. Clayton stated shelll be here Thursday for a 9 a.m. hearing and she has several administrative items to review and they can reach her then. Actinq City Manaqer - Mr. Munoz stated he received a call from Ken Winter about paving Turgot and the design work to handle stormwater and they have to wait until they own the 26 acres and then theylll move along to pave it but there are mineral rights to handle. Mr. Munoz said he talked to Carl Overstreet about Hill Street where the gentlemen said they have a problem with drainage and the area is well served with Miami curbing and paved streets and storm sewers. Mayor Wessler said it's a big ditch behind the bank and it looks awful and someone was working on the corner of that ditch off U.S. 1. Mr. Munoz said helll visit it. Mr. Munoz stated there was car damage at one of the parks and they have claim for about $262 if they find they contributed to that. Mr. Munoz said tomorrow's the first Department Head meeting helll have and it was moved from 9:30 to 8:30 and the Mayor and Council are invited to attend. Mayor Wessler noted she has VCOG at 8:30. City Counci 1 Councilman Jones stated held like to go over some things on the Beach Trust Commission at the next regular meeting. Councilperson Gillespie said she spoke with Terry Wadsworth today and thought they may want to invite Mr. Morgan from the Gas Company to come to an April meeting in case the public has any questions. Councilperson Gillespie suggested Mark Karet attend the U.C.F. Alternative Revenues Program and have per diem and travel. Councilperson Gillespie suggested the Mayor and her husband attend the Teacher of the Year meeting at the Marriott at a cost of $38. No Counci 1 member objected. Councilman Hays stated when he gets correspondence that is not signed, he cannot respond nor will he consider it in his decision making process. He requested they give a name and telephone number to get a response. Councilman Hays said they discussed stormwater management fees and he wants it to come back and he hopes the advisory committee is looking at it. Councilman Hays said New Smyrna Beach was considering a boat ramp fee and it went to the County and held like any information on it. Mayor Wessler said she'll meet with Clay Henderson and she met with Phil Giorno and Big John and they hope to prevent what happened with the trailer fire to say they can respond to property around here if they have a fire. Councilman Hays said he read the letter the lady sent and from what he could find out, they did respond properly. Mayor Wessler stated according to the agreement, we do not respond unless they ask us to and they didnlt ask so we didnlt, but theylll look into not having to wait and let someone's house burn down. Mayor Wessler said they had two calls last week from mobile home parks for yard sales and she doesn't think it was looked into regarding drive way space and they could put that portion of the ordinance on hold until they can redo the ordinance because they should be able to have a garage sale, perhaps one or two park sites per year. Councilperson Gillespie said she has problems with some trailer parks and any variation to the yard sales should go to the Police Chief to make sure there are no traffic problems. Mayor Wessler said it was at Carterls and perhaps they didnlt look at it. Ms. Clayton said she needs to read the ordinance and they could waive applicability but protect notice requirements. Chief Schumaker explained the Police Department has never been involved in issuing garage sale 5 Council Regular Meeting March 18, 1991 . , . ' -... ...." COUNCIL/OFFICERS REPORTS (Continued) C;ty Counc;l (Continued) permits, their only position is if they get a complaint of a sale going on they ascertain if a permit was issued or ask them to close if not. Mayor Wessler suggested they give Mr. Munoz authority this week-end if something comes up. Councilperson Gillespie agreed, if the Chief doesn't have a problem. Councilperson Martin said the ordinance had changed since Carter's had their last one and she has no problem with that. Mayor Wessler asked if they can leave it at Mr. Munoz1s discretion. Ms. Clayton replied yes. Mayor Wessler stated Phil Giorno asked them to look at reapportionment to see if they still want him in that district. QUESTIONS FROM PRESS None CITIZEN COMMENTS Montv McMullen asked the status of the letter to the residents. Mayor Wessler sa i d when they get into it they'll see the 1 etters and town meet i ngs in abundance. Dor;s H;ll asked if there's a rule that there's no whispering from anyone that attends meetings. Mayor Wessler replied she classified it as an outburst and if there are any, shelll have the person removed. ADJOURN Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion. Meeting adjourned at 11:35 p.m. Minutes submitted by: Lura Sue Koser ATTEST: ~f~ CITY CLER~ l~d th is. ~99 /"=:. 0\ ~A-OR ..~'t\\~~ ~ Yf.:~ / ;"1.-/ 6 Council Regular Meeting March 18, 1991