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06-19-1989 - Regular ~ ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 19, 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 Josel Alvarez Acting City Manager Susan Wadsworth Lieutenant William Britain Present Present Present Excused Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of May 15. 1989 - Councilman Fish moved they accept the minutes of May 15th as being true and correct. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Workshop with Parks & Recreation Board of May 16. 1989 - Councilman Hatfield moved they accept the minutes of May 16, 1989. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Special Meeting of May 16. 1989 - Councilwoman Bennington moved they accept the minutes of the Special Meeting of May 16. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Special Meeting of May 30. 1989 - Councilman Hatfield moved to accept the minutes of May 30, 1989. Counci~man Fish seconded the motion. Motion CARRIED 4-0. Regular Meeting of June 5. 1989 - Councilwoman Bennington moved they accept the minutes of June 5th. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS John Siburn, Connecticut Avenue, thanked Council for moving this item up on the agenda. CONSENT AGENDA Citizen Code Enforcement Board's reauest to change their meeting dates from last Thursday to third Thursday of each month: Police Chief's recommendation on bids for breath testing machine: Finance Director's recommendation re: conversion of utility billing and occupational licenses to new computer system: Recommendation from Planning and Zonina Department to amend Section 11-2 regarding enforcement of occupational license violations: Res. 89-R-47 Cancelling City Council regular meeting of July 3. 1989. due to conflicting holiday scheduling - Councilwoman Bennington asked to remove items C and D (Conversion to new computer system and Amending Section 11-2 re: occupational license violations). Councilman Fish moved they close the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Councilman Hatfield moved they accept the consent agenda. Councilman Fish seconded the motion. Motion CARRIED 4-0. 1 ... ....", CONSENT AGENDA (Continued) Finance Director's recommendation re: conversion of utility billing and occu- pational licenses to new computer system - Councilwoman Bennington stated this is an additional cost to the $94,567 for computers that Mr. Powers didn't tell them about at the time he was asked directly about it and it didn't include costs for the wire and labor for rewiring the computers. She noted that1s another reason why Mr. Powers is no longer here. Fred Munoz, Finance Director, quoted the costs for the cable, labor, and telephone consultations. He said testing of the cables will be $35 an hour and he doesn't know about the hook up. He quoted a total of approximately $2,000 as an estimate. Councilwoman Bennington moved they accept recommendation 1. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Recommendat ion from Planning and Zoning Department to amend Sect ion 11-2 regarding enforcement of occupational license violations - Councilwoman Bennington stated sheld talked with Mrs. Wadsworth about this and the way the Code reads now they have to come before the Code Enforcement Board before they can be fined and if this change is implemented, in 24 hours they'll be out of business and subject to the fine. She suggested they add on the third 1 ine ....and shall be empowered to place a $250 a day fine..." Councilman Fish pointed out this was draft to be sent to the Attorney. Mayor Mitchum agreed it IS approval of the concept and there were instances where people were operating and their hands were tied regarding enforcement. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Appointment to fill vacancy on Industrial Development Board due to resignation of Vincent Azzarello - Councilman Hatfield nominated Agnes Rymsza. Councilman Fish stated held like to direct the City to advertise for more applications. Mayor Mitchum nominated David Koch. Councilwoman Bennington agreed sheld like to see more applications also. Councilman Fish moved they direct the staff to advertise for more applications. Councilwoman Bennington seconded the motion. Mrs. Wadsworth asked if she could advertise for all vacancies again. Council- woman Bennington and Councilman Fish indicated they had no problem with that. Motion CARRIED 4-0. Counc ilwoman Benn i ngton requested they send a 1 etter of apprec i at i on to Mr. Azzarello, and commented on the nice resignation letter held sent. Appointment to fill vacancy on Parks and Recreation Board due to resignation of Sue Pezanowski - Mrs. Wadsworth read her June 12, 1989, Request for Council Action. Councilwoman Bennington moved to TABLE this until the next meeting after they advertise. She then withdrew her motion and moved that along with the advertising for Industrial Development they advertise for Parks and Recreation and any other boards they have. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. City Engineer's recommendation that Edgewater landing Phase I performance bond be converted to maintenance bond with certain conditions - Mrs. Wadsworth read her June 14, 1989, Request for Council Action, which recommended approval of this conversion. City Attorney Alvarez explained this procedure is in the subdivision ordinance and inspections have been completed. He noted the prior City Engineer recommended release and the Finance Director and he decided to let the new City Engineer also inspect it and he's found it to be satisfactory with a few minor conditions. He added this is routine and the Code requires action by Council. Counc ilwoman Benn i ngton moved they take the City Manager's recommendat i on. Councilman Hatfield seconded the motion. Councilman Fish asked if the maintenance bond will insure the discrepancies will be corrected. City Attorney Alvarez replied yes, and the amount of the maintenance bond is determined by the City Engineers and it would be 110%. Councilman Fish noted that his other questions were engineering type questions. Motion CARRIED 4-0. Request that short 1 isted auditors be ranked and Selection Committee begin negotiations with top ranked firm and continue to second and third choice. if necessary. and return to Council for final approval - Mrs. Wadsworth read her July 14, 1989, Request for Council Action which recommended Council prioritize their choices. Councilman Fish asked who comprises this Selection Committee and who appointed them. City Attorney Alvarez replied it was a unilateral decision made by the former City Manager Mr. Powers who appointed himself, the City 2 Council Regular Meeting Minutes June 19, 1989 ~ ...", NEW BUSINESS (Continued) Request that short listed auditors be ranked and Selection Conmittee begin negotiations with top ranked firm and continue to second and third choice. if necessary. and return to Council for final approval (Cont'd) Attorney, and the Finance Director. Councilman Fish moved they accept alternative 1 and rank in their preferences in order of firms and they authorize the negotiating committee to begin negotiations. Councilwoman Bennington seconded the motion. There was discussion about the rankings. Councilman Fish withdrew his motion and Councilwoman Bennington withdrew her second. Councilman Hatfield ranked the following: #1 - James Moore; #2 - Brent Millikan; and #3 - Arthur Young. Councilwoman Bennington ranked the following: #1- Arthur Young; #2 - James Moore; and #3 - Brent Millikan. Councilman Fish ranked the following: #1 - Arthur Young; #2 - James Moore; and #3 - Brent Millikan. Mayor Mitchum ranked the following: #1 - Arthur Young; #2 - James Moore; and #3 - Brent Millikan. Councilwoman Bennington moved they rank for selection as Arthur Young, James Moore, and Brent Millikan. Councilman Fish seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez explained the Acting City Manager had this responsibility after the City Manager left. Mayor Mitchum said for the Negotiating Committee he I d 1 i ke to rep 1 ace the Act i ng City Manager by someone from Counc i 1. He recommended Counc ilwoman Benn i ngton because of her background in finances. Councilwoman Bennington agreed she1d accept it. Councilman Fish moved they change the composition of the negotiating committee to be comprised of the City Attorney, the Finance Director, and Councilwoman Bennington. Mayor Mitchum clarified there was a Selection Committee that brought these three and they need to name the Negotiating Committee. Councilman Fish reworded his motion to be that they form a Negotiating Committee and that the City Attorney, the Finance Director, and Councilwoman Bennington comprise that committee. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Request from Vo1usia County Business Development Corp. to endorse liaison office in Vo1usia County for State Motion Picture and Television Bureau - Mrs. Wadsworth read her June 15, 1989, Request for Council Action which recommended approval of the request and that the City Attorney prepare a Resolution. Counc ilwoman Benn i ngton asked if there wi 11 eventua lly be costs i nvo 1 ved and what benefit it will be to the City. Mayor Mitchum replied they haven't solicited funds but it's done a tremendous job in the area and held like to see something at a later date. He noted this is just requesting a resolution backing the concept. Councilman Fish stated he sees no problem with the concept and it may prove financially beneficial to the City. Councilwoman Bennington moved they accept the City Manager1s recommendation, alternative 1, and approve the request. Mayor Mitchum noted it would go the City Attorney. Councilman Fish seconded the motion. Motion CARRIED 4-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 89-R-43 Appointing one member to Industrial Development Board - Councilman Fish moved they TABLE 89-R-43. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Res. 89-R-44 Appointing one member to Parks and Recreation Board - Councilman Hatfield moved they TABLE 89-R-44. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Res. 89-R-45 Confirming and ratifying creation of Beautification Conmittee and appointing seven members to Conmittee - Mrs. Wadsworth read her June 15, 1989, Request for Council Action recommending approval of the Resolution. Councilman Hatfield moved they accept 89-R-45. Councilman Fish seconded the motion. Motion CARRIED 4-0. Mayor Mitchum read the Resolution. RES. 89-R-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING AN AD HOC BEAUTIFICATION COMMITTEE TO PERFORM CERTAIN TASKS AS DESIGNATED BY THE CITY COUNCIL; PROVIDING FOR MEMBERSHIP, APPOINTMENT, DUTIES, RESPONSIBILITIES AND DURATION; PROVIDING FOR TERMS OF OFFICE AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. 3 Council Regular Meeting Minutes June 19, 1989 .....,. ...", ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Res. 89-R-46 Declarinq intent to use southerly extension of New York Street as public street - Mrs. Wadsworth read her June 15, 1989, Request for Council Action which recommended approval of the Resolution. Mayor Mitchum read the Resolution. RES. 89-R-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT THAT THE PROPERTY DESCRIBED IN THE QUIT CLAIM DEED FROM ROCK BOUCHARD TO THE CITY OF EDGEWATER, RECORDED IN OR BOOK 1580, PAGE 1475, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BE USED AS A PUBLIC STREET, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-46. Councilwoman Bennington seconded the motion. Councilman Fish stated he didn't have an oppor- tunity to look at the property. He asked if they will be paving that and if it will be with shell or black top. City Attorney Alvarez replied that's up to Council and it will be the same as any other City street that's now unpaved. Councilman Fish pointed out they're creating another section of road they'll have to maintain but they'll have ownership. City Attorney Alvarez explained we are the owners and the deed didn't specify what it's for but it's the natural extension of New York and adjacent property owners are having difficulties obtaining bank financing because they don't have access and they requested an easement. He explained they could table it to have an opportunity to look at the property. Councilman Hatfield withdrew his motion and Councilwoman Benn- ington withdrew her second. Councilman Fish moved to TABLE 89-R-46 until the next meeting. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Ord. 89-0-16 Amending Section 706.00 Fences. Walls and Hedges as recommended by Land Development and Regulatory Agency - Mrs. Wadsworth read her June 13, 1989, Request for Council Action which recommended approval on first reading. Mayor Mitchum read the Ordinance. ORD. 89-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING SECTION 706.00 "FENCES, WALLS AND HEDGES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING REFERENCE TO THE TERM OPAQUE; BY REQUIRING CHAIN LINK OR NON OPAQUE FENCES ON CORNER LOTS; BY PROHIBITING USE OF BARBED WIRE IN ALL RESIDENTIAL ZONES AND ALLOWING IT IN COMMERCIAL AND INDUSTRIAL ZONES ON TOP OF SIX FOOT FENCES AS APPROVED BY THE CITY COUNCIL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt Ordinance 89-0-16. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Ord. 89-0-17 Guidelines established for special activities in B-5 district parking lots - Mrs. Wadsworth read her June 13, 1989, Request for Council Action, which recommended approval on first reading. Mayor Mitchum read the Ordinance. ORD. 89-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 606.04, B-5, "PLANNED SHOPPING CENTER DISTRICT" (c) PERMITTED ACCESSORY USES, BY ESTABLISHING GUIDELINES FOR SPECIAL ACTIVITIES IN PARKING LOTS IN THE B-5 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved they adopt 89-0-17. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Second Reading (Public Hearing) Ord. 89-0-10 Rezoninq approximately 10.64 acres east of U.S. 1 between Edgewater Landinq and cemetery from B-4/R-3 to B-5 - Mayor Mitchum read the Ordinance. ORD. 89-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 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 PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He requested a motion to go from the regular meeting to the Public Hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Mayor Mitchum requested audience input. There were no comments. He requested a motion to go from the Public Hearing to the regular meeting. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Councilman Fish moved they accept Ordinance 89-0-10. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS None 4 Council Regular Meeting Minutes June 19, 1989 'W ...", Mayor Mitchum called a 5-minute recess at 7:45 p.m. He called the meeting back to order at 7:55 p.m. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated that pursuant to directions of Council he searched the field for a labor negotiator and he has three resumes. He explained the reason for the short time for bringing the information was due to difficulties getting in touch with the individuals due to vacations and other schedules. He stated that Stephen Vallis is the negotiator for the City of Orlando and Alfred Dagon did it in the past, and he's worked with both of them, plus he had an interview with Thomas Johnson. He said all three are extremely competent and the decision would be the dollars and cents. He explained that Mr. Vallis could be available one day a week because he's negotiating a three year agreement with PBA and preparation times would have to be in the evenings at a fee of $50 an hour. He said Mr. Dagon's fee is $60 an hour and there's travel time of approximately two hours from Orlando, so there's $100 to $120 in either case to start with. He explained that Mr. Johnson is retired and lives in New Smyrna Beach and is more flexible in his fees and is accessible. He said the quote is $100 for an eight hour day. He aga i n sa i d that a 11 three are qualified. He said Mr. Johnson charges $100 a session which is about 50% less than the other two applicants, and based on that differential and the fact that Mr. Johnson said the total cost won't exceed $3,000, he thinks it's an excellent offer and it would be his recommendation. He stated that he doesn't socialize or know socially or drink coffee with any of the three applicants. Councilman Hatfield moved to select Thomas C. Johnson for their negotiator. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Manaqer - Acting City Manager Susan Wadsworth had no report at this time. City Council - Councilwoman Bennington stated that when they had the Special Meeting and Workshop regarding the City Managerls powers and duties the consensus was they wanted to be able to approve the appointment of Department Heads and she'd like to ask the City Attorney to amend Ordinance 88-0-11 to reflect that in Section 5, Powers and Duties of the City Manager, and she made that a motion. Councilman Hatfield seconded the motion. City Attorney Alvarez asked if Council intends to have the authority to tell the Manager yes or no in the hiring of a Department Head. Councilman Fish replied that in the previous discussions he understood it would have to be a concurrence with the City Manager and Council, and if Council doesnlt concur with the City Manager's selection, he'd begin the selection process again, but the selection process would be left up to the City Manager. Mayor Mitchum explained that New Smyrna Beach uses a confirmation and the Council can't say no and it's to be a unanimous confirmation, but the job of selecting the Department Head lies within the duties of the City Manager. City Attorney Alvarez said it would be concurrence with his decision on a Department Head and that doesn't i nc 1 ude rank and file and anyone be 1 ow a Department Head. Councilwoman Bennington added and no Charter officers. City Attorney Alvarez asked about removal. Mayor Mitchum replied held like it to stop there and it would be at the discretion of the City Manager. Councilman Fish agreed. City Attorney Alvarez explained it would be concurrence to appoint and at the Manager's discretion to remove subject to limitations in the Charter and ordinances and applicable State and Federal laws. He said they can't go beyond that because then they'll almost have undue interference with the Council-Manager form of government. Motion CARRIED 4-0. Councilman Fish stated at the June 6th Special Meeting and Workshop it was suggested he might take an active role in the background investigation of the City Manager candidates but it's very time consuming and a tremendous task. He said to help reduce time required and to assure continuity and completeness he researched and found a firm that specializes in professional profiles. He added that the firm is Equifax which is nationwide and he's spoken to a couple of people who have used the services and they're highly satisfied. He provided Council with copies of the information. He pointed out the time frame depends on whether they want to go 3 or 5 years or 1/4 of a lifetime and there are additional services on a per use basis. He said there's a one time user fee to open an account and after that the fees are at a normal rate and they can be used at any time. He stated held like to employ their services when they make their final selection. He added that $123 is a basic background which he feels is reasonable. He explained that the results should be within about five working 5 Council Regular Meeting Minutes June 19, 1989 ... ...." COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) days. Mayor Mitchum stated it's a profile and not a background investigation. Councilman Fish said it depends on how deep they want to go and what they consider a background investigation, and he doesn't feel they need a greatly detailed background. Councilman Hatfield requested a chance to review this since he just received it. He asked if there will be a special meeting on the 27th. Mayor Mitchum suggested they bring it for that night. Councilman Hatfield agreed. and commented that itls an excellent idea. Councilman Fish suggested they schedule a special meeting for the 28th for selection as most of the resumes from those who were really interested have come in. Mayor Mitchum suggested it could be a special meeting on the 27th at 7:30 after the workshop at 6 p.m. Councilman Hatfield stated held like time to consider the last interview and assess what they heard, but they could have a workshop after that and talk it over. Mayor Mitchum agreed they could set the workshop for 6 p.m. and a meeting for 7 p.m. on the 28th for the purpose of selection. Councilman Fish had no problem with that. Councilwoman Bennington said they have to decide when they go into executive session. Councilman Hatfield stated the negotiator wonlt be available until after July 8th. City Attorney Alvarez said the week of the 15th. City Attorney Alvarez noted he has a conflict for the meeting on the 27th. QUESTIONS FROM PRESS None ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Hatfield so moved. Councilman Fish seconded the motion. Meeting was adjourned at 8:14 p.m. Minutes submitted by: Lura Sue Koser ~ (/ EXCUSED COUNCILMAN - ZONE THREE ~dM OUNCILMAN - ZONE FOUR ~ ATTEST: 6 Council Regular Meeting Minutes June 19, 1989