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03-20-1989 - Regular '~: .'-' -- CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 20, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:01 PM in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Father James Beigler, St. Paul's Episcopal Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting with Land Development and Regulatory Agency February 16, 1989 - Councilwoman Bennington moved they approve the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Special Meeting with Merit Board February 22,1989 - Councilman Fish moved to accept the minutes as being true and correct. Councilman Gold seconded the motion. Harry Jones, Merit Board Chairman, asked why he wasn't included in the group to draw up the ordinance regarding the conflicts. Mayor Mitchum asked if it's an issue with approving the minutes and Mr. Jones replied the minutes aren't complete because his name was left out. Councilwoman Bennington pointed out that if he'd read further in the minutes, there's a paragraph regarding Mr. Jones' statements and the suggestion that he be a part of the meeting on the ordinance and Councilman Hatfield suggested the preliminary draft ordinance be sent to their board for review. Mayor Mitchum stated that the City Attorney and City Manager are still working on that ordinance is why it's not back to the board. Motion CARRIED 5-0. Special Meeting with Fire Department representatives March 1, 1989 - Council- woman Bennington moved they approve the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Parks & Recreation Department's request to go out for bids for sod at Whistle Stop Park; Parks & Recreation Department's request re: umpires to officiate for 1989 regular season; Parks & Recreation Board's recommendation re: park hours; City Engineer services; and Request for resolution re: State mandated programs - Mayor Mitchum requested a motion to close the consent agenda. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum suggested a motion to approve the consent agenda. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Reading: Ord. 89-0-5 Paint production in 1-2 district as special exception - Mayor Mitchum read this ordinance. ORD. 89-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 200.00, "INTERPRETATIONS OF CERTAIN TERMS AND WORDS" AND SECTION 607.0l(d), "HEAVY INDUSTRIAL DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; BY PROVIDING A DEFINITION FOR "PAINT PRODUCTION" AND BY ALLOWING PAINT PRODUCTION AS A SPECIAL EXCEPTION IN THE 1-2 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they approve Ordinance 89-0-5. Councilman Gold seconded the motion. Motion CARRIED 5-0. .. .~ ....., ORDINANCES AND PUBLIC HEARINGS (Continued) First Reading: (Cont'd) Ord. 89-0-8 Vacating portion of Coco Palm - Mayor Mitchum read this ordinance. ORD. 89-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING THE EAST 25 FEET OF LOTS 6616 AND 6617, BLOCK 214, FLORIDA SHORES NO. 7, MAP BOOK 23, PAGE 117 ALSO KNOWN AS COCO PALM DRIVE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they approve Ordinance 89-0-8. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Ord. 89-0-9 Amending budget ordinance (Tabled March 6, 1989) - Councilwoman Bennington moved to remove it from the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum read the ordinance. ORD. 89-0-9 - AN ORDINANCE AMENDING ORD. NO. 88-0-21, THE FINAL BUDGET ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1988 AND ENDING SEPTEMBER 30, 1989, BY AMENDING CERTAIN REVENUE & EXPENDITURE ITEMS OF THE WATER & WASTEWATER FUND, AND CERTAIN REVENUE & EXPENDITURE ITEMS OF THE REFUSE COLLECTION FUND: SHOWING A MORE DETAILED BREAKDOWN OF THE CHANGES BY "EXHIBIT A", CONTAINING A REPEALER PROVISION, PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 89-0-9. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Second Reading: None. UNFINISHED BUSINESS Report re: Shangri-La Subdivision - Mr. Powers stated that they met that day with Shangri-La delegates and the consulting engineers. Mr. Gerry Hartman, Dyer, Riddle, Mills & Precourt, Inc., consulting engineers, stated at the meeting that day they had Councilwoman Bennington, Ron Ferland of the consulting engineers firm, Shangri-La representatives, and for a portion of it was Councilman Fish. He stated they'd reviewed the records and there is an engineering problem and their firm understands it and can recommend various avenues to correct it. He said if the City wishes them to be involved, they'd like authorization to further investigate the solution. He said it's a deficient drainage system. Council- woman Bennington stated that it's a very complicated issue and they're asking Council's authorization for the engineers to do a little more indepth study. She suggested a possibility of billing the developers for the work but they need Council's authorization before they proceed. She said progress is being made and with the bank that came in, the drainage will be able to work in with this. She said she has a petition signed by most of the homeowners in Shangri-La and on the plat in their retention area is an easement that offers use across the ditch to an industrial area. She said they'd like that easement closed so it cannot be opened for through traffic. She presented the petition to the Mayor to forward to the City Manager. Mayor Mitchum asked if a letter is needed to the developer and Councilwoman Bennington replied that if authorized, a letter to the developer saying we'll be doing a little more study because it was faulty to begin with and he could be billed for it. Mr. Hartman pointed out the City is considering the maintenance of the roadways and the City's policy is to bill back to the developers those engineering costs, but because of the circumstances involved here, they should first submit a letter to the developer stating the approximate cost that will be involved in reviewing those plans and arriving at some solution and asking them for payment for that. He said if the letter is unsuccessful, then they'll come back to Council for further input. Councilwoman Bennington moved they authorize our engineers to send a letter to the developer and come up with a price for this. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved that the Council accept the petition signed by the homeowners of Shangri-La to vacate the easement, a 50 foot easement near their retention area. She suggested they consider it and send it to the City Attorney to see the possibility of doing that. Councilman Hatfield seconded the motion. Councilman Gold questioned if it should go to LDRA. Councilwoman Bennington agreed, if that's where it should go. Councilman Hatfield stated they're just asking for an opinion from the attorney. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes March 20, 1989 .,. ....., UNFINISHED BUSINESS (Continued) Eastern Shores Mobile Home Park Request (Tabled March 6, 1989) - Councilman Hatfield so moved to remove it from the table. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mr. Powers stated that LDRA on January 26th voted to deny the request to close U.S.l and open another access. He read his Request for Council Action dated March 6, 1989. Attorney David Hood represented Eastern Shores. He stated that when they sub- mitted the application they'd suggested an access off Eaton and Industrial and closing U.S.l because of traffic problems. He urged that instead of Eaton they be allowed to put the access on Industrial since it's a paved road and would have a financial impact with driving emergency vehicles, plus they can provide better access to close to 90% of the park. He added that the Industrial Road access will allow garbage trucks and emergency vehicles quicker and more direct access. Councilwoman Bennington pointed out that they'll have to contend with industrial traffic and heavy trucks. Attorney Hood pointed out they'd be more prone to going on a paved road than on a dirt road and this will be a safer situation for all involved. Councilwoman Bennington noted that if they exit off Industrial Road, they'll have to go to Eaton or out Marion. Attorney Hood agreed. There was discussion about lack of space to put an access on the corner of Marion instead of Industrial. Councilwoman Bennington asked why LDRA voted against this. Mrs. Nancy Blazi, LDRA Chairman, stated that they couldn't find any good reason why they wanted to close U.S. 1 and their initial objection was to Eaton because they went from a direct road and then a narrow street. She said it would be accessing a public street crossing a right of way and there was no reason given to the board. Councilman Fish moved they accept Eastern Shores request to close off U.S.l. Councilman Hatfield asked where they'll move it and Councilman Fish replied to Industrial. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 89-R-7 Declaring intent to vacate portion of Coco Palm - Mayor Mitchum read this resolution. RES. 89-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE THE EAST 25 FEET OF LOTS 6616 AND 6617, BLOCK 214, FLORIDA SHORES NO.7, MAP BOOK 23, PAGE 117, ALSO KNOWN AS PART OF COCO PALM DRIVE OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-7. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Res. 89-R-9 re: Beach Master Plan - Mayor Mitchum read this resolution. RES. 89-R-9- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, OPPOSING THE EXPENDITURE OF FUNDS FOR A BEACH MASTER PLAN STUDY; SUPPORTING A VOTER REFERENDUM ON MAJOR BEACH ISSUES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they adopt Resolution 89-R-9. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 89-R-IO Amending Res. 87-R-41 re: new procedures for board appointments - Mayor Mitchum read this resolution. RES. 89-R-IO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 87-R-41 WHICH FORMALLY ADOPTED "THE CITY OF EDGEWATER, RULES AND PROCEDURES" BY ESTABLISHING NEW PROCEDURES FOR BOARD APPOINTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved they accept Resolution 89-R-IO. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Res. 89-R-ll Adopting policy against vacating public rights of way unless initiated by City - Mayor Mitchum read this resolution. RES. 89-R-ll - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING A POLICY AGAINST VACATING ANY PUBLIC RIGHTS OF WAY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Gold moved they approve Resolution 89-R-ll. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes March 20, 1989 - .. '-' ...,., UNFINISHED BUSINESS (Continued) Paving of Turgot Avenue - Mr. Powers read his March 15,1989, Request for Council Action which recommended Council authorize the City Manager to explore the time frame for bid calculations and the assessment process. Councilwoman Bennington moved they accept alternative 1. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Extracurricular activities ~Florida Shores Plaza parking lot - Mr. Powers read his March 15, 1989, Request for Council Action which recommended Council accept the LDRA recommendation and not approve requests for extracurricular activities in the Florida Shores Plaza parking lot. Peter Casturao, President of Florida Shores Plaza Merchants Association, stated he understood the recommendation is to deny the sales because of lack of parking and a clog point. He said he talked to all the tenants in the Plaza but two and all are in favor of having the car sales as they bring in customers for them and advertise and expose their name to the public. He added that people don't have to drive out of town to look for cars. He pointed out that 25% of the parking area is what is used and they've never used as much as 50%. He added that Hardees wasn't a part of the parking lot and was owned and operated by someone else and con- gestion shouldn't be a problem because there's an additional entrance and exit to the parking lot from U.S. 1. He asked that Council reconsider having the car sales at that location. He explained they use money they generate from the Plaza for pictures for children and the arts and crafts shows, and they maintain adequate insurance. Councilman Hatfield suggested sending it to LDRA to get a concept or idea of how to handle this not just for this plaza but for future shopping centers. He pointed out thatLDRA 'srecommendation was not to allow this because it's too big an intersection and too much traffic there now and the added traffic could cause a safety hazard. He added that he'd like LDRA to come back with a guideline. Mr. Casturao asked that the procedures encompass ideas that will allow car sales to benefit their association. Councilman Hatfield asked if the rent goes to the association and Mr. Casturao replied yes, only to the association, and they've had several in the past. Mr. Casturao pointed out if it's not approved, it will take the business out of Edgewater. He asked if they could make a special exception and by the next time they have a showing, they'd have time to draft regulations. Paul Rusilowicz, Higginbotham Jeep Eagle stated they planned to bring 150 cars. There was brief discussion regarding the number of cars per lane and no through traffic. Mayor Mitchum stated that the City Clerk had been told by Mr. Stegall that about 50 cars were proposed from that dealership. He added that the parking at Hardee's wasn't effected and they were required to get their parking. Don Bennington, LDRA member, stated that the memo was incorrect as they never mentioned Hardee's and he hears complaints that people can't find places to park. He stated that they violated the ordinance when they started bringing other businesses in, and they don't feel it's the proper place for this type of business because they're using the driving lane. Councilman Hatfield asked if it will tie up the south exit and Mr. Bennington replied yes, and there's another exit to U.S. 1. Councilwoman Bennington moved they accept alternative 1 and send this back to the LDRA to come up with a way they could possible do this and satisfy everyone, but for the time being accept alternative 1. Mayor Mitchum said it would leave them out now and Councilwoman Bennington agreed. Motion DIED for lack of second. Mayor Mitchum asked if there's a problem enforcing the traffic or parking lot problems before. Chief Schumaker replied there were no problems but were a few complaints about lack of parking and why we let this happen. Councilman Gold pointed out that the dates requested are March 31, April 1 and 2, and it's too late to refer it to LDRA. He stated that he'd received very little negative comments and since it's so close, he moved they go ahead and allow this one exception. Mayor Mitchum recommended they set a fee and refer it back to LDRA. Councilman Gold amended his motion to have a fee of $200. Councilman Hatfield seconded the motion and asked that they scrutinize this and make some recommendations for the books before the next one comes along. There was discussion about the second request. Mayor Mitchum recommended they go ahead with April 6 to 9 also and cut it off and not entertain any more requests. Councilman Hatfield disagreed. Councilman Gold amended his motion to include that. Councilman Hatfield withdrew his second. Councilman Fish seconded. Motion CARRIED 3-2. Councilman Hatfield and Council- woman Bennington voted NO. Councilwoman Bennington moved they send this to the LDRA to come up with guidelines for further action. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes March 20, 1989 '-" .."", NEW BUSINESS Res. 89-R-12 Appointing two members to Land Development and Regulatory Agency - Mayor Mitchum read the resolution. RES. 89-R-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE LAND DEVELOPMENT AND REGULATORY AGENCY; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Hatfield stated that he'd attended LDRA meetings and seen this man in action and he moved that they reappoint Mr. Bennington. Councilman Fish stated he reviewed the qualifications and resumes and spoke with some of the people as well as observed them, and he moved that it was an honor and a privilege to nominate Peter Hellsten for a position on the LDRA. Councilman Gold agreed that was his first choice also and he'd thought of William Rossiter also. Councilwoman Bennington concurred with Councilman Fish and Councilman Hatfield. Mayor Mitchum nominated Keith Denton. Mayor Mitchum requested a motion that nominations be closed. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum stated they'll vote alphabetically on the nominees. Roll callan Don Bennington DID NOT CARRY 2-3. Councilman Gold, Councilman Fish, and Mayor Mitchum voted NO. Roll callan Keith Denton CARRIED 3-2. Councilman Hatfield and Councilwoman Bennington voted NO. Roll callan Peter Hellstein CARRIED 5-0. Roll callan William Rossiter DID NOT CARRY 1-4. Councilman Hatfield voted YES. Mayor Mitchum read the names of the two appointees as Keith Denton and Peter Hellsten with terms of office to be for three years to end March 21, 1992. Edgewater Alliance Church re: trash billing for gymnatorium - Mr. Powers read his March 15, 1989, Request for Council Action, which recommended that Council acknowledge receipt of the letter and deny any special exemption. Councilman Gold moved that the Council acknowledge receipt of the letter and deny an exemption. Councilwoman Bennington seconded the motion. Hank Wood, Elder of the Edgewater Alliance Church, spoke on behalf of Pastor Siano. He stated that they're aware there are regulations on the books but they were hoping they could look at this and adapt it. He pointed out they moved a number of activities from the church to the gymnatorium but they take all the trash generated from the gym to the same location as for the church so they're the same customer and same pick up point as before. He stated that some commercial establishments don't have their trash collected and have Tomoka contracted for it. Mr. Powers stated that they have a commercial franchise. Mr. Woods asked if it's the same rate and Mr. Powers replied it's based on the number of pick ups and volume. Mr. Woods stated they're not causing the City to incur any more costs in picking up the trash and don't feel it's fair to pay $25 just because they have another building since the City is providing the same service. Motion CARRIED 4-1. Mayor Mitchum voted NO. Res. 89-R-12 - Mayor Mitchum requested a motion to accept Resolution 89-R-12. Councilman Fish moved they accept 89-R-12. Councilman Gold seconded the motion. Motion CARRIED 3-2. Councilman Hatfield and Councilwoman Bennington voted NO. Advisory Board appreciation dinner - Mr. Powers recommended the annual appreciation dinner be held on Tuesday, April 14th, or Friday, April 21st, at the Elks Club in New Smyrna Beach, and asked for a first and second choice in the event one is already taken. Councilwoman Bennington suggested something with a better atmosphere and not necessarily a buffet because the board members put in a lot of time and deserve the appreciation. She suggested the Yacht Club sometime after the 17th. Councilman Hatfield said he has no problem with Elks but would like it in Edgewater but the Nice Place is the only restaurant here. Acting City Clerk Wadsworth explained they can't accommodate this number. Councilwoman Bennington noted they'd had it at Elks several times, and she'd like a nice sit down dinner rather than a buffet. She moved they have it at the Yacht Club on Friday, April 21st. Acting City Clerk Wadsworth stated she'll check for that date. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Hatfield suggested the 18th for the second choice and no Council member expressed an objection. -5- Council Regular Meeting Minutes March 20, 1989 --- ....., NEW BUSINESS (Continued) Recommendation to rezone approximately 10.64 acres east of U.S.l between Edgewater Landing and the cemetery - Mr. Powers read his March 15, 1989, Request for Council Action, recommending they accept the LDRA recommendation to rezone and direct the City Attorney to draft the appropriate ordinance and return to Council. Councilman Gold moved they accept the LDRA recommendation. Councilman Fish seconded the motion. Motion CARRIED 5-0. Merit Board recommendation re: Karen Rickelman's requests - Mr. Powers read his March 15, 1989, Request for Council Action which recommended that the Council accept the City Attorney's statement as to the Council-Manager imple- mentation ordinance superseding the ordinance delineating the Merit Board duties and recognize the matter is administrative and falls under the duties and responsibilities of the City Manager. Councilman Gold stated that he has mixed feelings about this and they have to consider the City Manager's decision and they have a dedicated and long standing employee. He said on January 23rd she requested an evaluation in 90 days and then went to the Merit Board and it's become an emotional issue and the matter will be resolved when it runs the course. He moved they approve the City Manager's recommendation, alternative 1. Mayor Mitchum passed the gavel to Vice Mayor Gold and seconded the motion. John Allen, Attorney, stated he understood the decision is final and asked why Council is considering it. He referred to Ordinance 81-0-16 which says the decisions shall be final unless appealed to the City Council. He added that placing it on the end of the agenda does not constitute an appeal of the Merit Board decision, and unless ruled otherwise, the decision of the Merit Board is final. He referred to the minutes where City Attorney Alvarez had stated that if an employee had a problem, to go by 81-0-16. He referred to the new ordinance which set up the City Manager with the section that the City Manager is to perform such other duties as may required by the Council, not inconsistent with the Charter, law, or ordinances. He said to make any suggestion or take any action in respect to his client would be going beyond the authority given to the City Manager as set forth in item Q of the City Manager ordinance. Motion to approve the City Manager's recommendation, alternative 1, CARRIED 3-2. Councilman Hatfield and Councilwoman Bennington voted NO. Vice Mayor Gold returned the gavel to Mayor Mitchum. Mr. Allen asked for clarification of the motion and the action. Mayor Mitchum explained it was denied. City Attorney Alvarez stated that the recommendation of the City Manager passed and he's sure that the last on this item hasn't been heard but it doesn't belong here and in front of the City Council, and it has been referred back to the City Manager. Mr. Allen asked if his recommendation is that the Merit Board's decision be reconsidered. City Attorney Alvarez replied that he can read the recommendation, item 6.B., and it speaks for itself. CITIZEN COMMENTS Chuck Chamberlin, PEA representative and Edgewater resident, clarified about non-union members being entitled to the same benefits as union members. He said if they get representation, they pay for it if they aren't members, and if they can't go to the Merit Board, they'd go to the City Manager, and they'd lose. He said non-union members are not entitled to representation from the union unless they pay for it and an article in the newspaper was not true. Harry Jones, Merit Board Chairman, stated he wasn't given the opportunity to discuss this, and doesn't feel it was fair and that the City Manager's recommen- dation is fair. He said that the City Manager has three positions, as City Manager, Personnel Officer, and as a supervisor. He said he can't wear all three hats when rating an employee and has the rights, benefits and responsi- bilities of the supervisor. He stated there was no reason to turn it down because the Charter says it and the ordinance says it. He pointed out that the supervisor refused to consider the letters of commendation that have been made with previous predecessors and only looked at a newspaper item that was written months before his arrival. He said the Board felt they should have had a hearing. He stated that Mr. Powers' recommendation was out of line. He asked Council to reconsider and allow them to have their say. -6- Council Regular Meeting Minutes March 20, 1989 ~ ....., CITIZEN COMMENTS (Continued) Paul Hartling, 2420 Tamarind, stated he was advised that as a landlord he'd be responsible for the water bill. He said it seems it's a burden the City wants them to collect what the City can't. He then spoke on boats being in the front yards in Florida Shores. He referred to controls used in Houston and suggested they learn something from others. He stated it's poor to allow mobile homes too close. He asked that they upgrade Florida Shores. He said he doesn't allow tenants to park cars on the lawns or off the driveways. George Ewing, 2923 Royal Palm, asked who determines items on the consent agenda. Mr. Powers replied that initially he does, and ultimately the Council does as there's a unilateral withdraw of a Council member to take an item off. Mr. Ewing asked that the agenda be published in the newspaper so the people will know what's going to be discussed. He suggested that might be better than issuing a newsletter. Mr. Powers explained that one of the programs with the new computers will be desktop publishing and they'll be able to publish their own newsletter and distribute it. Mr. Ewing referred to the New Smyrna Beach agenda that's published. Mr. Powers explained that agendas are placed on the shelves and they're available in City Hall. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Mr. Powers referred to the proposed landfill the County is recommending be located in the zone of influence of the wellfields and he'd like to send a letter to the County Council with the Mayor's signature. Councilman Fish moved they approve the recommendation and send the position paper on the proposed landfill site and the zone of influence to the County under the signature of the Mayor. Councilman Gold seconded the motion. Motion CARRIED 5-0. City Council Councilwoman Bennington spoke on the impressive tour of the Humane Society and thanked them. She suggested they send a letter of appreciation. She also noted that the Veterans Memorial Park dedication went very well. She asked about the bike paths. City Attorney Alvarez replied the meeting is scheduled for Monday with the representatives from the company and their attorneys and they'll save money by having the meeting here. Councilman Gold stated he'd received calls regarding the adoption by Council of a resolution or ordinance to prohibit train whistles from 10 PM to 6 AM like other cities have done. Mr. Powers said they can adopt an ordinance as other cities do, but there are certain risks they need to evaluate which have to do with the crossings themselves because not all are lighted and that could be a problem for someone hard of hearing or with eyesight not as it should be in the evenings. He suggested they consider the self-insured status in the event there's a mishap at an intersection. Councilman Gold stated that most require gates and it's the railroad's responsibility. Mr. Powers explained that we have to take the maintenance for them. City Attorney Alvarez explained this issue has come up several times over the last few years and there's an extensive file in City Hall and perhaps they could review it. Councilman Fish echoed Councilwoman Bennington's comments on the Humane Society tour. Mayor Mitchum agreed with their comments on the Humane Society and said the Veterans Park is done and is beautiful. He added that he's talked with a County Councilman who's submitting a request for extending the fishing pier. QUESTIONS FROM PRESS Tammi Ettyn, News Journal, asked for clarification of the Merit Board issue with Karen Rickelman. She asked if the decision on the 3-2 vote was that the newest ordinance does not conlfict with 81-0-16. City Attorney Alvarez replied that he didn't want Council to become involved in a legal debate now. Ms. Ettyn asked if the decision was that it's administrative in nature and they will not interfere and they didn't make a determination on the ordinance. City Attorney Alvarez agreed that's correct. -7- Council Regular Meeting Minutes March 20, 1989 " .' ( .. ~ ADJOURN .""" Mayor Mitchum suggested a motion to adjourn. Councilman Gold so moved. Councilman Fish seconded the motion. Meeting was adjourned at 9:02 P.M. Minutes submitted by: Lura Sue Koser ATTEST: .-L_-~ t ~ ACTING CITY~LERK Approved this I 7 day of l~;?Pt-. YOR ZONE FOUR -8- v/" ~ pIT Council Regular Meeting Minutes March 20, 1989