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02-13-1991 - Regular ....... .., , CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 13, 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 City Manager Elly Johnson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. PROCLAMATION FOR 1165 ROSES BREATH OF LIFE BIKEATHON DAY MARCH 2. 1991 Mayor Wessler read the proclamation and presented it to Mr. Larry Perkins. Mr. Perkins introduced Jerry Remington who's raised over $600 the last 5 years and who will enter a Hall of Fame. He referred to a couple with 3 children with cystic fibrosis and all 3 died before they reached Jerry's age. APPROVAL OF MINUTES Workshop/Special Meetina of January 23. 1991 - Councilperson Martin moved for approval of the minutes. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Wessler stated Mr. Whittington is trying to start a baseball association for the City to help with some of the equipment and she's told him she'll help as much as possible and she'll attend the kick off meeting at 7:30 on Monday night at the Library. David Whittinaton, 3039 Juniper, stated they found the Recreation Department can only provide so much money so some of them interested in the kids took it upon themselves to start a fund drive and he's got 28 sponsors to donate items. He explained they went through a lawyer and it's all legitimate and they have by- laws written up and they meet every Monday night at the Library. He said they have enough money now to buy some equipment and anyone can contribute pennies or dimes and it's a non-profit organization. Mayor Wessler thanked him because on a voluntary basis it's a lot of work and she hopes other Council members will be there. Tina Palermo, 2105 S. Riverside Drive, stated she's lived there the last 10 years. She stated the City received the grant from the Port Authority for $107,000 for the bike path on Riverside Drive and the City will match for a total of $214,000. She said the plan is to run the path from the Northern City limits down Riverside Drive to Veterans Park, and those on South Riverside won't receive any benefits from this grant. She added she'd talked with Dan O'Brien and he told her Jack Corder applied for the grant and the money will be used by the general public to walk or bike to the parks on Riverside Drive and he told her the Authority didn't designate it, Jack Corder did. She pointed out there are 350 residents on the South side and they're part of the general public and are carrying a tax burden as much as those on the North end. She stated she'd brought this up with certain Council members about the City completing it . She asked who decided where the bike paths ends and when Jack Corder presented this to the Port Authority, did he leave South Riverside out and why. She said there are proposals for South Riverside for a hotel and it's a large impact and many are elderly. She asked Council to look into to extending the path on Riverside Drive. '-- ..., CITIZEN COMMENTS (Continued) Alice Murphy, 230 N. Riverside Drive, read a letter regarding capture of guineas. She referred to speeding on Riverside Drive and using it as an alternate U.S. 1. She added last Friday the Edgewater Police had the guineas carried off and they're incarcerated in a cage in the woods. CONSENT AGENDA Public Works Director1s request to advertise for bids for materials for stormwater control project at 19th and Date Palm Drive: Industrial Development Board1s request to approve their amended By-Laws: City Engineer1s recommendation to approve $386.15 change order to Roberts Road bike path project: Parks and Recreation Director1s request to repair Kennedy Park sea wall at cost of $1.950 - Councilman Jones moved they approve the consent agenda. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. NEW BUSINESS City Engineer1s recommendation to award bid for construction of Old County Road bike path from Park Avenue to Ocean Avenue - Councilperson Gillespie moved they accept the City Engineer's recommendation to award the bid to Sheban Enterprises in the amount of $22,000 with a completion date of 45 days and they'll have a donation against it of $1,950 from the Big Wheels Bike Path Committee. Councilman Jones seconded the motion. Mr. Johnson asked that it state what the City pays will come from unappropriated funds. Councilman Jones withdrew his second and Council person Gillespie withdrew her motion. She then moved they accept the City Engineer's recommendation to award the Old County Road sidewalk to Sheban Enterprises in the amount of $22,000 payable from unappropriated funds with a completion date of 45 days less the seed money of $1,950 from the Big Wheels Bike Path Committee. Councilman Jones seconded the motion. Motion CARRIED 5-0. Sign Ad-Hoc Committee1s recommendation to reinstate existing sign ordinance until new sign ordinance is adopted - Councilperson Gillespie said she was at this meeting and it's a temporary emergency basis to assist in code enforcement. She moved to reinstate the existing sign ordinance until the new sign ordinance is adopted. Councilperson Martin seconded the motion. Mayor Wessler noted they gave the sign committee until the end of the month. There was discussion about the prior suspension and time frames until a new ordinance can be adopted. Mr. Johnson explained the problems since it's been in limbo and that it wasn't taken off the books, it was just suspension of enforcement. Motion CARRIED 4-1. Mayor Wessler voted NO. Evaluation of City Manager Mayor Wess ler suggested they move that to the end of the agenda and do the appointments and come back. No Council member objected. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 91-R-l Appointing two members to Library Board due to expiration of terms of Lauretta Shafer and Jan Dudley (Tabled 2/4/91) - Counci lperson Gi llespie moved they reappoint Lauretta Shafer and Jan Dudley to the Library Board. Councilman Jones seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE LIBRARY 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 these are three year terms to end February 4, 1994. Res. 91-R-2 Appointing one member to Parks and Recreation Board due to resignation of Jeff Ridgdill (Tabled 2/4/91) - Councilman Hays moved to accept Thomas Tipton of 2412 Unity Tree Drive. Councilman Jones seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-2 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She said the term of office is an unexpired three year term to end May 7, 1991. She stated these were on the February 4th agenda and they were postponed for more applications. 2 Council Regular Meeting February 13, 1991 'w' ....., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Reading: (Continued) Res. 91-R-3 A ointin one member to Buildin Trades Re ulator & A eals Board due to resi nation of James Norris Tabled 2 4 91 - Councilman Jones nominated John Ciaffoni. Councilperson Gillespie seconded the motion. Roll call CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BUILDING TRADES REGULATORY AND APPEALS 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 AN EFFECTIVE DATE. Res. 91-R-S Appointing two members to Merit Board due to expiration of term of employee member and resignation of Harry Jones (Tabled 2/4/91) - Councilperson Gillespie nominated Shirley Roberts. Councilman Jones seconded the motion. Roll call CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE MERIT 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 read the name of Janet Morris for the employee member for a one year term to end February 4, 1992, and the term of Shirley Roberts for an unexpired three year term to end June 7, 1991. Res. 91-R-7 Appointing one member to Beautification Committee due to resignation of Richard Loomis - Council person Gi llespie nominated Li la Stubbs. Counci 1 person Martin seconded the motion. Roll call CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She read the name of Lila Stubbs for an unexpired three year term to end August 6, 1991. Second Reading (Public Hearing) None. UNFINISHED BUSINESS Appointment of representative to Citizens Advisory Committee of Metropolitan Planning Organization due to resignation of Dominick Fazzone (Tabled 2/4/91) Mayor Wessler stated Mr. Fazzone tendered his resignation due to the fact that it was a new Council and he felt they should have an opportunity to appoint whomever they want. She nominated Dominick Fazzone be appointed back on this board. Councilperson Gillespie stated they put him back once and there1s no problem if he wants to remain because it's a County appointment, and not the City, and he's done a good job. Councilman Jones nominated Dominick Fazzone. Councilperson Gillespie seconded the nomination. Mr. Fazzone stated he's served on the Citizens Advisory Committee for 1-1/2 years and attended 15 out of 16 meet i ngs but he's on LDRA and cons i dered that more important due to his background in engineering. Mayor Wessler stated he wouldn't jeopardize that because it's a County board. Roll call CARRIED 5-0. A ointment of two citizens to 0 eration Boot Stra Committee for East Volusia under uidelines of Housin and Urban Develo ment Section 8 Pro ram Tabled 2/4/91) - Counci lperson Gi llespie nominated Bi 11 King, 110 Rhode Is land, Magno 1 ia Construction & Consultation, Gammon Edgewater Nursery, and Daneen Read, 2526 Royal Palm, and both are familiar with this project. Councilman Hays seconded the motion. Motion CARRIED 5-0. Recommendations to fill position on Southeast Volusia Hospital District Board due to expiration of term of Dave Severance (Return to agenda requested by Mayor 2/4/91) - Mayor Wessler nominated John Massey and Ed Delahanty. Councilman Hays moved to accept. Councilman Jones asked to vote one at a time. Councilman Hays moved they accept Mr. Massey. Councilman Jones seconded. Motion CARRIED 5-0. Councilman Jones nominated Dr. Lacy. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted NO. 3 Council Regular Meeting February 13, 1991 .... ...." UNFINISHED BUSINESS (Continued) Agreement between City and Jose' B. Alvarez - Ms. Clayton said she has no news as she's repeatedly called the attorney for Mr. Alvarez and understands he has had second thoughts if he wants to enter into the agreement. She said she hopes to have something by Tuesday when they have the workshop with the Financial Advisor, and if they don't have something by this coming Tuesday, she'll suggest they consider withdrawing the offer. Councilman Hays agreed, noting they made the offer in good faith and if he doesn't accept the offer, they should withdraw it. Ms. Clayton sa i d he accepted the offer but has not entered into the agreement on the contract and the transfer of files and when he'll take the $23,500. She pointed out they need to discuss the hold harmless and she's told him that he assumed certain amounts of professional responsibility in exchange for the payments and they may be able to get a limited release. Evaluation of City Manager Mayor Wessler called a 5-minute recess to read all the Council's evaluations at 7:38 p.m. She called the meeting back to order at 7:47 p.m. and then called another recess to get copies made for Mr. Johnson. She called the meeting back to order at 8:01 p.m. and stated since Council didn't get copies to the City Manager, she'd 1 i ke to postpone it and his response to any comments on the evaluations. No Council member objected. Mayor Wessler suggested combining it with the CIP meeting Tuesday. Mr. Johnson requested at least 2 weeks because he and his attorney will review it and suggested the meeting between now and the first of March. Mayor Wessler agreed to set it another time. COUNCIL/OFFICERS REPORTS Interim City Attorney Ms. Clayton stated she'll have a draft on the resolution to establish a special assessment district for Tuesday and they'll need to consider establishing the first special assessment district hearing to meet the March 12th deadline. Mayor Wessler asked if it could be with the CIP and Ms. Clayton replied yes. Mayor Wessler stated they'll meet on Tuesday at 7:30 in the Library to discuss financing and bond counsel, financial advisor, and Ron Ferland will be there. City Manager Mr. Johnson asked if they agree with the concept of the Library parking that was given to them so they can work up costs and include it in the budget after October 1st. He noted it's 14 more spaces. Councilman Hays and Councilperson Gillespie agreed it's a good plan. It was agreed to post it at the Library. City Council Councilperson Gillespie asked if there's a problem with Mr. Johnson proceeding with the repair of the roof. She noted they discussed at the budget hearing if there were a roof on a City building that's leaking, they wanted it repaired. Mayor Wessler said that's fine, and no objection was expressed from Council. Councilperson Gillespie asked Mr. Johnson to work with Ms. Clayton for the changes for the Traffic Engineer. Mr. Johnson said they can also request Ms. Clayton to make the changes regarding boards and committees and he'll have the City Engineer and Police Chief review it and then get with Ms. Clayton. Councilperson Gillespie said several people called regarding the requirement in the garbage ordinance to wrap garbage in newspaper. Mr. Johnson said they can take care of that. Councilman Hays suggested they payoff the Lanier copier and dump truck to save interest and look at the ballfield at a later date. Mayor Wessler asked if there's money available to pay these off. Mr. Johnson replied it's in unappropriated funds. Mayor Wessler stated they're tapping out those funds. Councilman Hays noted it will be $41,000 but they'll save interest, and he moved they payoff the Lanier copier and the dump truck from Municipal Leasing out of unappropriated funds. Council person Gillespie seconded the motion. Motion CARRIED 5-0. Councilman Hays thanked the people of the City, citizens and employees, for their cards and donations to the American Cancer Society in memory of his brother Leonard who died. 4 Council Regular Meeting February 13, 1991 ~ ..., COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilman Jones stated Dave Whittington is forming a baseba 11 associat ion that IS non-profit and they're getting extra money together for when kids go to All Stars and for extras that will make them prouder of Edgewater. He reviewed the number of teams and events that show many children are using recreational fields. Councilperson Martin stated it's unfair to an applicant seeking a decision when a board has excessive absentees and it can lead to a lack of quorum and Mr. Karet drew up a required attendance statement which they'll put forward with the help of the Attorney to draw it up. She read an excerpt of the requirements. Mayor Wessler said she received a call from someone whose son is in the service and she's asked for yellow ribbons around the City and she'd like Mr. Johnson to purchase the ribbon and she'll put it up, if necessary. She noted New Smyrna Beach has it on their water tower and we have nothing. Councilman Hays said he had troub le finding the ribbon for himse If. Counci 1 person Gi 11espie thanked Mrs. Inman and Mr. and Mrs. Naill who bought the yellow ribbon and put it all around town. She noted the weather has played havoc with it and they have trouble getting more ribbons. Mayor Wessler stated they have a lot of retired seniors and Parks and Recreation is always looking for coaches during baseball season if they could help. Mayor Wessler stated there is a mass of bushes in front of the office at Whistle Stop Park and quite a few children walk through the park and concern has been expressed that someone cou 1 d be in those bushes but the property is Perry Barrett1s and she called to ask him to cut them down. She asked Council if Public Works can cut them down if they have a signed release. Councilman Hays said he doesn't object, but who would maintain them. Mayor Wessler asked Mr. Barrett if he would maintain them if they cut them down the first time. Mr. Barrett indicated yes. No Council member objected and Mayor Wessler asked Mr. Johnson to take care of it. QUESTIONS FROM PRESS None CITIZEN COMMENTS Norman Billups asked Council to get lapel mikes. ADJOURN Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion. Meeting was adjourned at 8:15 p.m. Minutes submitted by: Lura Sue Koser ~" '\j~~~~~~~ ,//. ..;.. /,. ~ - /'/',/ /..'.':- L_-'j''-f_~ ('~{'>~ ~LMA ~.~. .~ ~ COUNCIlPERSON - ZONE TWO -q--- \--- ~.~\ " " i /-',''''/'., ,/'-y :f7., 'l<<- ..\.. ; {-.<<' . ,.. L .: V<'~j> -' <C COU~CIlPERSON - ZONE THREE .~;;;. ;:0-/ ( COUNcilMAN -/ZONE FOUR ":il? -L- . }//' '.... ;../ / ATTEST: ~~4~ CITY ClER1< A~ved this I r day of ~ , 199,L...-. ~ '\.~, \\ \ ~-. (')_,4' LQG \.""\~). ~.~ MAYOR ,~ 5 Council Regular Meeting February 13, 1991