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05-01-1989 - Regular ~ '-'" ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 1, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7: 00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth 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. APPROVAL OF MINUTES Regular meetina of April 17. 1989 - Councilwoman Bennington moved they approve the minutes of April 17. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Res. 89-R-26 Reoresentation on Board of Commissioners of Southeast Hosoita1 District. Vo1usia County - Mayor Mitchum asked if Council wanted to remove anything. No Council member made a request. Mayor Mitchum requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Fish moved they accept the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Readinql Ord. 89-0-10 Rezonina aooroximate1 v 10.64 acres east of U. S. 1 between Edaewater Landino and cemetery from B-4/R-3 to City B-5- Mr. Powers read his April 27, 1989, Request for Council Action which recommended approval of the ordinance. City Attorney Alvarez read the ordinance. ORD. 89-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTES 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING 10.64 ACRES, EAST SIDE OF U.S.1, BETWEEN EDGEWATER LANDING, (NORTH AND EAST) AND THE CEMETERY, DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept Ordinance 89-0-10. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Second Readina (Public Hearina) None. 1 'w' ..., UNFINISHED BUSINESS Libra~ parkina concept for increased parkina - Mr. Powers read his April 27, 1989, Request for Council Action, with a recommendation to form a staff level working group to meet with the City Engineers to discuss alternatives, options and designs for increased parking. Councilman Hatfield asked if it will go back to LDRA either way. Mr. Powers replied that's correct. Councilman Hatfield moved they accept the City Manager's recommendation and approve alternative 2. Councilman Gold seconded the motion. Councilwoman Bennington questioned why it has to go back and forth to LDRA and staff and why it wasn't done in the beginning. Mr. Powers replied staff worked on this and it went to LDRA and they agreed conceptually with the additional parking and looked at setbacks from a plan review rather than as a concept. He suggested it would be more beneficial to have Library personnel input and staff input prior to the engineers starting to revise it. Councilman Fish asked who from the City would be on the task force. Mr. Powers replied someone from Planning and Zoning Department and possibly input from Public Works and the Library. Councilwoman Bennington asked if Library staff was involved before. Mr. Powers replied the original plans were approved with inadequate parking according to our ordin- ances. Councilwoman Bennington pointed out they had specific comments from Department Heads and this seems like a waste of time and energy as someone from the Library could get with the engineers and, based on the original information, could redesign it. Mayor Mitchum agreed it could go direct to the engineers because they'll have to design it anyway and they know who to call if they need anything. Motion DID NOT CARRY 2-3. Councilwoman Bennington, Councilman Fish, and Mayor Mitchum voted NO. Councilwoman Bennington moved they accept alternative 1 and that's the LDRA recommendation and forward it to the engineers for re- designing. Councilman Fish seconded the motion. Motion CARRIED 5-0. Pro~erties offered to City. 104 North Park Place and 131 East Park Avenue - Mr. Powers read his April 27, 1989, memo with a recommen- dation to reject the offers and consider long range plans for re-siting the municipal complex. Councilman Fish moved they reject the offer of this property. He said he doesn't think at this time they need them and the properties aren't of sufficient size to be of any value to the City in the long range. He added as they con- tinue to grow and expand they'll move south and west and he doesn't feel they're committing themselves for re-siting but be aware of it and look to the future. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Frank Ferauson. Shanari-La Homeowners Association reI worksho'D held A'Dri1 20. 1989 - Mr. Powers read his April 27, 1989, Request for Council Action, which explained the request to be on the agenda. Frank Ferquson, President of Shangri-La Homeowners Association, asked if there was a report of any activity on the solution to some of the problems they discussed at the April 20th workshop. Mr. Powers replied the engineers were to draft and mail correspondence to the developer. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., stated he sent letters registered mail to R. A. Coleman docu- menting the deficiencies found in the design drawings available to them and some other information they found relative to drawings and where as built certified drawings are. Mr. Ferguson stated that on behalf of the Shangri-La Homeowners Association they are giving the City 30 days from the time of the Workshop meeting to come up with a solution to their problem and he wants that on the record. 2 Council Regular Meeting Minutes May 1, 1989 'w. ...." NEW BUSINESS (Continued) Publication of Aaendas - Mr. Powers read his April 27, 1989, Request for Council Action which recommended they reject publish- ing the agendas based on the concept that adequate notice is currently being provided. Councilwoman Bennington asked if there's a closing time for the agenda. Mr. Powers replied yes, Wednesday at noon. Councilwoman Bennington stated the agenda closes Wednes- day so they could have it early enough to have time to study it and they don't get it until Friday afternoon most of the time. She asked why they'd change it since they don't get it when they should anyway. Mr. Powers replied it depends on circumstances and putting the materials together and length of the agenda. Councilwoman Bennington said she'd like to publish it as New Smyrna Beach does and it will take some time to establish a time frame and budget it. Councilman Hatfield suggested they address it at budget time around October as that wouldn't be that much lost time. Councilwoman Bennington moved to TABLE it for a workshop later and possible consideration in the budget for next year. Councilman Hatfield seconded the motion. Councilwoman Bennington clarified it's for a workshop later. Motion CARRIED 5-0. Setbacks for Dools and enclosures - Mr. Powers read his April 27, 1989, Request for Council Action with a recommendation to accept the LDRA recommendation and direct the City Attorney to amend the ordinance to reflect these changes. Councilman Gold moved they accept alternative 1. Councilman Fish seconded the motion. Councilwoman Bennington asked who would determine the wording for an acceptable screen enclosure as referenced in the LDRA memo. Mr. Powers replied there was no definition provided by LDRA so they'd have to get with the City Attorney and assist him with the Building Official as to what an acceptable screened enclosure would consist of. Motion CARRIED 5-0. CITIZEN COMMENTS Frank Roe, 2732 Juniper Drive, stated he'd reserved time for the April 28th meeting to speak to Council and the meeting was cancelled. He asked why it was cancelled. Mayor Mitchum replied the City Manager gave him a memo clearing some of the issues and he talked to Council and they agreed to cancel the meeting. Mr. Roe asked how they could eliminate a meeting without violating the Sunshine Law. City Attorney Alvarez explained the Mayor has the right to call or cancel a meeting and there was no need to violate a Sunshine Law. Mr. Roe asked if it's violating the Sunshine La to conduct business without a Council meeting. Ci ty Attorney Alvarez asked if anyone conducted business. Mr. Roe didn't know. City Attorney Alvarez explained the Mayor cancelled the meeting at the request of the Manager. Mr. Roe asked the cost for elimin- ating the City Manager and the cost for the investigation. He said Council will be assured of being elected at the next election if they vote not to accept the City Manager's resignation and save the City money. He stated the new people on Council are the most important and asked them to have courage to stand up and do it. He again asked what it will cost the City. Mayor Mitchum replied it's a matter of public record and the City Manager has resigned and it's been accepted. He called time on the speaking limit. Mr. Roe stated that's not legal, and he'd asked for this at the last meeting. Mayor Mitchum replied that Council told him it was a matter of public record. Mr. Roe continued speaking and Mayor Mitchum called him out of order. John Siburn, Connecticut Avenue, asked why Citizen Comments wasn't listed under #3 on the agenda as directed by Council at the last meeting. Mr. Powers explained it requires an ordinance change and it can't be done in a two-week period, but it will be done. Mr. Siburn suggested Council appoint Mrs. Wadsworth in the temporary position because she knows a lot of what's going on in the City. 3 Council Regular Meeting Minutes May 1, 1989 ,...., ......, CITIZEN COMMENTS (Continued) Mrs. Scofield, Beulah Drive, asked why the one portion of Beulah Drive wasn't included in the recent work done and when the unpaved portion will be paved. Mr. Powers explained that was resurfacing only and the paving will be addressed with the CIP. Mrs. Scofield presented a petition signed by the residents of Beulah requesting this paving. Mr. Powers thanked her for the interest, and explained the status of the CIP with paving to be done after the sewers are installed, where necessary. He added that they expect to take about 30 months once they get the funding. COUNCIL/OFFICERS REPORTS City Attornev - City Attorney Alvarez had no report at this time. City Manaqer - Mr. Powers had no report at this time. City Council - Mayor Mitchum stated they're in a busy part of the CIP program with negotiations and there will be some day time meetings required. He requested Council's approval of Councilman Fish as Acting Mayor to stand in when needed as a representative of the Council for meetings he cannot make since Councilman Gold does a lot as Vice Mayor. Councilwoman Bennington moved that the Acting Mayor Tom Fish be allowed to stand in for the Mayor at the CIP meetings whenever the Mayor is not available. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington asked that a big spotlight in the area of the flag be placed at Veterans Park due to the vandalism and that a sprinkler system be installed for the grass. Mr. Powers replied they'd look at the sprinkler system and the flag is lit at night now but perhaps they could look at a broader area to be lit. Councilwoman Bennington suggested it be off to the side to illum- inate the back side where a lot of the vandalism occurs. Councilwoman Bennington stated there was more than one reason for the meeting on Friday and she wasn't asked if she wanted the meet- ing cancelled, she was just told it was cancelled. She pointed out that Council has to establish policies and guidelines they expect a City Manager to work wi thin. She stated it's a poor management decision to have someone in authority who has resigned. She moved they find an Acting or Temporary someone in here until they fill the permanent position as soon as possible. She stated Council has to address this and do their job and the letter affirming his other letter wasn't enough to cancel a meeting she's been trying to get since December. Councilman Fish stated the City Manager declined to accept the permanent position and they need leadership and he has no problem with looking for someone qualified to fill the position and who has experience as a City Manager. He suggested they allow him to remain in the position until such time as they find a qualified replacement whether on an interim or full time basis. Mayor Mitchum pointed out they had an Interim Manager before who served seven months in a really good capacity and perhaps they should allow the City Attorney and City Clerk to look into some interim people and bring back a recommendation. Councilwoman Bennington withdrew her motion and then moved to authorize the City Attorney and City Clerk to investigate and bring them the possibility of hiring an Interim or Acting City Manager as soon as possible. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilman Gold voted NO. QUESTIONS FROM PRESS None ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Fish so moved. Councilwoman Bennington seconded the motion. Meeting was adjourned at 7:52 p.m. 4 r. "W' Minutes submitted by: Lura Sue Koser ATTEST: ~J,Y~~ ACTING C Y CLERK Approved this / .> day of )fhJ;!-' MAYOR ...., ~~~~ //6 MAYOR ~~ o (' ~ c.. -;::::> C ~ tV CO NCILMAN - ZONE THREE ~,~4~ COUNCILMAN ~ ZONE FOUR 5 ~ V J;jL~ v