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11-20-1989 - Regular ..... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 20, 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 City Manager Elly Johnson 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. INTRODUCTION OF NEW FIRE CHIEF AND LIEUTENANT AND FIRE & RESCUE DEPARTMENT VOLUNTEER OFFICERS - Mr. Johnson introduced Mr. William Vola, Fire Chief, and Larry Carson, Fire Lieutenant. Safety Director Pat DiLeva introduced the Volunteer Fire Officers, Officers of the Association, and the Ladies Auxiliary. State Representative Jack Ascherl reviewed the status of the Southeast Volusia Hospital Board. He explained four members are now from New Smyrna Beach and one from the unincorporated area, and they've passed a bill to have better repre- sentation with future appointments. He noted that he had an agreement with Representative Graham and they'll recommend to the Committee that makes the recommendations to the Governor to have two from New Smyrna Beach, two from Edgewater, one from Oak Hill, and two from the unincorporated areas. He pointed out it grandfathers in current board members. He suggested Council make three recommendations to have three to choose from, plus others who would also be nominated. He pointed out the appointments have to be by January 1st so it should be done in the next two or three weeks. He added the Bill says the people must reside in the City of Edgewater and must have business, professional, or personal experience that will be useful as a Board member. He noted it's a $12- $13 million dollar budget and about 10% comes from taxpayers for indigent care. Councilwoman Bennington stated Representative Graham agreed nominations from Council could be considered first and others could apply. Mr. Ascherl clarified held said nominations will be considered the same as others and Council should do a good job getting those that are interested and they'd come through Council to pick who they would want to serve on the Board, but it's a non-binding agreement. Councilwoman Bennington said she'd understood it should carry some weight it if comes from Council. Mr. Ascherl suggested they may want to rate them first, second, and third choice. APPROVAL OF MINUTES ReQular MeetinQ of November 6, 1989 Councilman Hatfield moved to accept the minutes of November 6th. Councilman Fish seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Jake Lodico, 302 N. Riverside Drive, asked about the new speaker system he was promised during the election, along with other promises made such as cutting the wages which wasn't done. He stated he doesn't like to come to meetings because he can't hear. Mr. Johnson explained Council approved the funds and bids are being received to put the system in. Mary Bera, 2002 S. Riverside Drive, spoke on the increased water bills in the last 3 or 4 years and the fact that she has to pay double charges because part of her home could be rented out. She explained it isn't rented due to her husband's illness. Mayor Mitchum suggested she talk with the City Manager. Mrs. Berg asked about the stormwater charge. Mr. Johnson explained it's based on the ground coverage of the property with building and paving and what's covered with impervious area. '-" ..."", CITIZEN COMMENTS (Continued) Galen McClain, 3119 Queen Palm Drive, asked about the sewer survey progress. Mr. Johnson explained they should be in the mail this Wednesday afternoon. Mr. McClain asked about the newsletter. Mr. Johnson replied it's at the printer's and they hope to have it shortly. Mr. McClain asked about liability with the ra ilroad cross ing ordinance since the City's se If- insured. Mr. Johnson explained the areas that have put similar ordinances into effect have had no problems with liability and this is only for protected crossings. CONSENT AGENDA Public Works Director's recommendation to reject bid for recyclina container and readvertise for recyclina trailer and container and Library Board Amended By- Laws - Mayor Mitchum asked for Council comments. There were none. Councilman Hatfield moved to close the consent agenda. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilman Gold moved for approval of the consent agenda. Councilman Fish seconded the motion. Motion CARRIED 5-0. NEW BUSINESS G & G Marine Center request to use park for boatina safety and fishina seminar December 1. 2. and 3. 1989 - Mr. Johnson explained Jack Corder talked with Mr. Godfrey and they have copies of the proposal and the liability insurance with a recommendation it be granted. Mike Godfrev, owner of G & G Marine, stated they'll have a boat safety and fishing seminar because rules are changing rapidly and it's a reminder for people coming from the North to keep them aware of new laws and boating safety. Jim Gill, Sales Manager of G & G, said many people coming from the North aren't aware of the laws, plus the concern about the waters of the Lagoon and they'll join with the environmentalists and general public to have a consensus of opinion as to what boaters can do to protect manatees and wildlife. He said they'll make available types of boats and types of insurance and financing. Councilman Fish asked the hours of operation. Mr. Gill replied noon to about 6 p.m. Councilman Fish asked about food and drinks. Mr. Gill replied they'll probably have some small concessions which will be free. Councilman Fish asked if there's no charge for the entire seminar. Mr. Gill agreed there was not. Councilwoman Bennington asked if there will be more than one boat in the water. Mr. Gill replied they'll probably have two, one pontoon and one flash boat, and there will be guides to answer questions about types of fish in the area and how to catch them. Councilman Fish moved they accept the request. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mr. Johnson suggested Mr. Godfrey meet with Jack Corder regarding arrangements for the park. Insurance review and audit proposal - Mr. Johnson stated in last year's audit there were comments about the self-insurance fund and other areas related to insurance and during the budget process they talked about rate increases and they had about a 22% increase. He said he and the City Attorney looked for some time and found a firm that doesn't sell insurance but analyzes plans and make recommendations and writes specifications if that's what Council desires after they go through the program. He said to meet requirements of the ordinance, it's his and the City Attorney's recommendation they award the contract to Waters Risk Management with a top end of $12,000 which can be paid out of the self-insurance fund and they'll look at the self-insurance fund and all others and the insurance plan. Councilwoman Bennington moved they accept the City Manager's recommendation. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS First Readina: Ord. 89-0-37 Adoptina State auidelines for travel and per diem - City Attorney Alvarez read this Ordinance and stated this is first reading. ORD. 89-0-37 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 9, IIFINANCEII OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CREATING A NEW SECTION 9-7 ENTITLED IITRAVEL AND PER DIEM EXPENSESII BY PRO- VIDING FOR AN EQUITABLE TRAVEL POLICY FOR CITY EMPLOYEES; PROVIDING FOR DEFINITIONS; VESTING AUTHORIZATION FOR TRAVEL WITH THE CITY MANAGER; PROVIDING EQU IT ABLE PER D I EM AND SUBS I STENCE ALLOWANCES; PROV 10 I NG RULES FOR TRANS- PORTATION; AUTHORIZING ADVANCE PAYMENTS; PROVIDING REIMBURSEMENT FOR INCIDENTAL EXPENSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 89-0- 37. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes November 20, 1989 '-' ..", ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Second Reading (Public Hearing): Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-34 Amending Chapter 2. Section 2-10 dishonored check policy. increasing service fee from $10 to $15 and eliminating maximum $25 service fee - City Attorney Alvarez read this Ordinance and stated this is second and final reading. ORD. 89-0-34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-10, "DISHONORED CHECK POLICY" BY INCREASING THE SERVICE FEE FOR DISHONORED CHECKS FROM TEN DOLLARS TO FIFTEEN DOLLARS AND ELIMINATING THE MAXIMUM $25.00 SERVICE FEE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience comments. There were none. Ord. 89-0-36 Prohibiting train horns and whistles within City limits between 10 pm and 6 am - City Attorney Alvarez read this Ordinance and stated this is second and final reading. ORD. 89-0-36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING 10-27 (a) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6:00 A.M. AT ALL PUBLIC AT-GRADE CROSSINGS HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES; AMENDING SECTION 10-28 (10) OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience comments. Dominick Fazzone, 302 Paradise Lane, Shangri-La, stated held asked Council to adopt this five years ago and requested on behalf of many residents of Shangri- La to pass this ordinance. Helen Howland, Florida Shores, agreed with Mr. Fazzone's comments and also urged Council pass this because of the annoyance at night. Earl Anderson, 9 Lee Drive, Silver Ridge, reviewed his 40 years experience with FEC, noting many cities have this type ordinance and people tend to be more cautious when they find there won't be a horn sounding. He pointed out if a gate isn't working, the engineer will report it as soon as he sees it and will put a statement on his trip report as to why he sounded his horn in that instance. Mayor Mitchum requested a motion to go from the public hearing to the regular meeting. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-34 - Councilwoman Bennington moved they adopt 89-0-34. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 89-0-36 - Counci lman Fish moved they adopt 89-0-36. Counci lwoman Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business on this agenda. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. Citv Manager - Mr. Johnson stated Council has copies of the memo from the City Attorney to him with a summary of the meeting on the bike path and they hope to have more information soon and will come to Council with recommendations. City Council - Councilman Hatfield asked the City Manager to look into an ordinance regarding the requirement of two clerks from midnight to 7 a.m. at convenience stores and bring a recommendation. Mr. Johnson said held get information from other places that have adopted it. Councilwoman Bennington stated she'd heard Mrs. Brewer from Brewer Printing donated signs and she moved Council send a letter thanking them for their donations because the signs are very nice. Councilman Fish seconded the motion. Motion CARRIED 5-0. 3 Council Regular Meeting Minutes November 20, 1989 '- ..."" COUNCIL OFFICERS REPORTS (Continued) City Council Continued) Mayor Mitchum stated they'd discussed Hurricane Hugo relief for Manning, South Carolina, and they've had some tools and money donated and he'd like Council to make a don at i on for the City of Edgewater. He sa i d the cut off had been Wednesday but he might call the Mayor and delay the trip a couple of weeks to try to get more donations. He said he's talked with some people up in that area who said the devastation is terrible, and some people are homeless. He recommended they donate $1,000 as he didn't feel that's out of line to give to the City, adding it could have been Edgewater instead of Manning. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum stated he'd take the donations and the checks which are made to the City of Manning to the Mayor. He expressed appreciation for donations. Mr. Johnson suggested businesses that might donate should be contacted. He added some of the cities on the West coast have adopted cities there. QUESTIONS FROM PRESS There were no questions from the press. ADJOURN Mayor Mitchum suggested a motion to adjourn. Counci lman Fish so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 7:56 p.m. Minutes submitted by: Lura Sue Koser MAN - ZON /WO V {~(I {/~ ~ // . ~#,) C UNCILMAN - ZONE THREE t ~#d'~ A' ~ !k ~ COUNCILMAN - ZONE FOUR ~ ATTEST: .~~~iL~ C Y CLERK I A~ed this G day of , 19SL. "'~~ MAYOR 4 Council Regular Meeting Minutes November 20, 1989