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11-18-1985 - Regular ./ , u u CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 18, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Mayor Baugh announced a moment of silent prayer for Susan Mista, the secretary for Planning and Zoning, who had passed away. Reverend Tee, Edgewater Union Church, gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of November 4, 1985 - Councilman Inman moved to accept the minutes as written for November 4, 1985. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of November 7, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Mayor Baugh announced the computer was full so they don't have bills and accounts for this meeting but they'll be on the agenda for the special meeting to be held on Thursday. MISCELLANEOUS Frank Opal, Florida Shores, referred to a Miami election he read about in the newspaper and that the Mayor there is part time and gets $6,000 a year, the same as Edgewater's Mayor. He spoke on the single member districts election in Winter Park and in the town of a former Mayor. Mr. Opal asked why auto sales were included in B-2 zoning and for whom. He stated Council doesn't need the Planning Board because certain people pass anything they want and abuse their powers. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh stated that Thursday, November 21st, will be the Great American Smokeout Day sponsored by the American Cancer Society, and they are urging people to not smoke during that 24 hour day. He added that there is information in City Hall regarding this and he has information also if anyone wants to see it. City Attorney Reports - City Attorney Alvarez stated that he'll comment on other items on the agenda. City Clerk Reports - City Clerk Martinez stated they need Council authorization for the City Attorney to prepare an amendment to the Code setting forth the guidelines for public notices and advertising time frames to comply with State Statutes. She added they do presently comply but it's not in the Code. Councilman Inman so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that PEA has ratified their proposal from Council on the labor agreement and Council authorization is needed to implement this proposal that was given to them last time. Councilman Asting moved to approve the contract. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there is one employee who is not covered under any of the contracts because it's a confidential secretarial position and Council motion is needed to grant the PEA contract benefits for this year to Sue Koser, confidential Secretary. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. u u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department - Opening of Bids for backhoe-loader - City Clerk Martinez opened the bids and read the totals: Volusia Ford Tractor Co.,Inc. for a Ford model 555B with 90 day delivery - $28,125; Case Power & Equipment for a Case Model 580SE with 30 to 60 day delivery - $32,332; Florida Georgia Tractor & Equipment Co. for a JCB Model 1400B with 60 day delivery - $21,630; Peterson Industries, Inc. - No bid; H. F. Mason Equipment Corp. - No bid; M.D.Moody & Sons, Inc. for a CDS715C with 30 day delivery - $36,365; and Robinson Equipment Co.,Inc. for a Massey Ferguson 50H with 60 day or less delivery - $25,663.32. Mayor Baugh recommended they turn this over to the Public Works Director for his recommendation. Councilman Asting so moved. Councilman Inman seconded the motion. Jim Borgerson, Florida Shores, asked who the professional is who can tell that these pieces of equipment are equivalent. Mayor Baugh explained that specifications were written and that's why they are turning it over to the Public Works Department. Mr. Borgerson then asked why they have to do it that way and Mayor Baugh replied it's according to the bidding procedure. Motion CARRIED 5-0. Utilities Department - Opening of bids for backhoe - City Clerk Martinez opened the bids and read the totals: Volusia Ford Tractor Co.,Inc. for Ford 555BTLB with 90 day delivery, less trade in of $3,694 - $25,000; Case Power & Equipment for a Case 580SE with 30 to 60 day delivery - $31,499 less a $10,000 trade in for a net amount of $21,499; Florida Georgia Tractor & Equipment for a JCB Model 1400B - $22,000 less $4,000 trade in for a net amount of $18,000; Petersen Industries, Inc. - No bid; M.D.Moody & Sons, Inc. for a CDS715C with 30 day delivery - $37,365 less $5,000 trade in for a net amount of $32,365; and Robinson Equipment Co.,Inc. for a Massey-Ferguson 50H with 60 days or less delivery - $17,163.32 with trade. Mayor Baugh suggested this be turned over to the Utilities Superintendent to bring back his recommendation. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Civil Defense Director's request for $200 donation for Needy Baskets for Christmas - Councilman Asting moved to turn this matter over to the City Clerk/ Administrator for disposition. Councilman Inman seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board re: meeting times - City Clerk Martinez read the November 12th memo from the Planning and Zoning Board in which they requested a change in their by-laws to read the same as Ordinance 85-0-14 which would enable the Board to meet during the daytime hours as well as night meetings. Councilman Asting moved to grant the request of the Planning and Zoning Board and amend their by-laws accordingly. Councilman Inman seconded the motion. Mayor Baugh expressed his concern that people who have indicated an interest to him to serve on the Board can't do so because of the daytime meetings and they're working then. Motion CARRIED 4-1. Mayor Baugh voted NO. Parks and Recreation Board-plat of Roberts Road property - City Clerk Martinez read the November 14th memo from Board Chairman Kirk Jones which had a plat attached. Mayor Baugh noted the diagram of the property is what he'd requested and he asked for a motion to allow them to proceed. Councilman Rotundo moved to TABLE this for further study. Councilman Asting seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - resignation of Bonnie Gilchrist - Councilman Prater moved to accept this. Councilman Inman seconded the motion. Councilman Prater asked that they send a letter to the lady to thank her for being on the Board. Councilman Inman seconded the amendment. Motion CARRIED 5-0. Parks and Recreation Board - appointment to fill vacancy - Councilman Inman moved to turn this over to the Parks and Recreation Board for their review and recommendation before they take action. Councilman Prater seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes November 18, 1985 u u COMMUNICATIONS New Smyrna Beach Junior High School Band Boosters request for donation - City Clerk Martinez read the November 12th letter from Karen A. Rickelman,Chairman of the Band Boosters. Councilman Asting moved to donate $400 from Council promotional funds. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked how many band members are from Edgewater and Mrs. Rickelman replied it's about half and half with some from Oak Hill and there are 140 with the flag corps and majorettes. Edgewater Volunteer Fire Department, Inc. - request to donate pavilion at park and pier - Gary Lamb, Assistant Chief, stated the Fire Department would buy all the materials needed to build the pavilion which will have two barbecue grills and they'd like City labor to build it. He added it would have electricity and water. Mayor Baugh questioned if Parks and Recreation has the time to do it. Mr. Lamb said the Fire Department could put on the roof but plumbing, electrical, and pouring of concrete would be needed. Mayor Baugh asked if the Fire Department would provide the concrete and Mr. Lamb replied yes. Councilman Asting asked if there are any strings attached and Mr. Lamb replied none, and it's for everyone to use. Mr. Lamb explained the plumbing is running the line from the PVC pipe that's there and extending it. City Clerk Martinez asked about a drain and Mr. Lamb said it would be a floor drain. Councilman Prater asked who would maintain the pavilion and Mr. Lamb replied it would be the City crews, but it's almost maintenance free. Mayor Baugh asked if it's similar to one at Menard Park and Mr. Lamb said yes, only larger. Councilman Asting asked the location and Mr. Lamb said it's between the shuffleboard courts and basketball court near where the present barbecue pits are now. Councilman Asting asked if the City can utilize the recreation funds for the installation of electricity and Mr. Lamb noted that's in the price and they just need someone to do it. City Clerk Martinez pointed out that John can do this. Mayor Baugh asked about pouring the concrete and Mr. Lamb said they want Parks and Recreation employees to do it. Councilman Asting suggested it be contracted out. Mr. Lamb pointed out they didn't have this figured in the price. Jim Borgerson stepped forward and asked to see the plans to see if he could help them out. He then said it's about l2~ yards of concrete. Councilman Rotundo noted that he'd calculated it to be over 20 yards and cost about $350 to have it poured if a contractor does it. Mayor Baugh suggested the City form it up and have a subcontractor do the pour. Mr. Lamb agreed. Mayor Baugh asked if the money could be used from recreation funds and Mr. Lamb said it could come out of the $5,000 donation. City Attorney Alvarez questioned the difference between this situation and the Roberts Road improvements. City Clerk Martinez noted materials are recreation and labor is not. City Attorney Alvarez said the Council can approve it in principle pending looking at the ordinance and making a final determination. Mr. Borgerson stated it would be 14 yards and it could be pumped in 3 hours with two laborers to rake and one finisher, and it should take about $250 plus pumping. Mayor Baugh suggested the City Attorney look at the ordinance and get back to them. Councilman Prater moved to go ahead with it. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting thanked the Fire Department. Edgewater Volunteer Fire Department - re: new building for meeting place for community - City Clerk Martinez read the November 11th letter from Mr. John Hendricks, President. Mayor Baugh noted the City Attorney had given an earlier opinion and it's in the packet. City Attorney Alvarez stated he has the same position as listed in his letter to Attorney Michael Brewer with the concluding paragraph that when necessary information is received, he'll refer the matter to the Office of the Attorney General. He reviewed some of the items questioned such as the Charter and by-laws, and limiting membership to males only. He also questioned if the facility is for the public or for a private non-profit organization, and using public funds for the benefit of the public. -3- Council Regular Meeting Minutes November 18, 1985 u u COMMUNICATIONS (Continued) Edgewater Volunteer Fire Department re: new building for meeting place for community (Continued) - City Attorney Alvarez added that Council members and the organization discussed the use and matters were never cleared up, and at his last meeting with Gary Lamb he was told the department was tired of negotiating and they were going to New Smyrna Beach to build the facilities. Mr. Lamb said they tried to negotiate with New Smyrna Beach but all they want to do is get the land and they don't want it turned into a Council chambers. Mr. Lamb added that they changed their by-laws and the Charter and opened their books to anyone who wanted to see them but still got nothing accomplished. Councilman Asting said they discussed the land that would be needed and asked for a 99-year lease where the building would be constructed. Mr. Lamb said they changed it to 49 years with another 49 years extension and if the associ- ation dissolves, it would revert back to the City. Councilman Asting asked who would control the facility, and Mr. Lamb said it would be the Board of Directors. City Clerk Martinez asked if fees will be charged and who will collect the funds. Mr. George Kennedy, Fire Chief, replied from the audience that the Board of Directors would be in charge of controlling the fees and all that pertains to the building itself. Mr. Lamb added that maintenance and upkeep would be in the fees. Councilman Asting asked about payment of utilities and Mr. Lamb replied they'd be responsible for everything, plus it includes insurance. Councilman Asting said he has no objection to it and it would be good for the community. Mayor Baugh said he wants to make sure they're not sticking their necks out for something that might come back later, and the City Attorney had suggested they get an opinion from the Attorney General. Mr. Lamb asked that it be expedited. City Attorney Alvarez stated that the last meeting took place right before the election and he'd like Council to direct him to continue with this matter and pick up where they left it when he asked Attorney Brewer for certain criteria with the letter to be sent to Tallahassee. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Edgewater Volunteer Emergency Rescue list of newly elected officers - City Clerk Martinez read the November 11 letter from EVER which listed the new officers. Mayor Baugh requested a motion to approve the newly elected officers. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. FEC Railway Company request to install standard concrete crossing at Ocean Avenue - City Clerk Martinez noted this is a two-part memo from FEC and the City Engineer. She read the FEC letter dated November 5th, and stated that due to the nature of this matter she'd requested the City Engineer to obtain costs. She said that Mr. Ferrara's estimate was $15,772.22 which was determined after he'd spoken with Mr. R. W. Fondren of Florida East Coast Railway. Mayor Baugh asked the City Attorney to explain the agreement with FEC. City Attorney Alvarez said it's the same standard crossing agreement they require from municipalities or private entities and they own the lands. He noted that the agreement for John Street for 1985 is the same as that used in 1965 when this Ocean Avenue agreement was executed. Councilman Asting pointed out they didn't budget for this and City Clerk Martinez agreed. City Attorney Alvarez suggested that since they're involved in negotiations with FEC now, perhaps the City Administrator could attempt to work out payments or deferred payments or explore other arrangements. Mayor Baugh pointed out they have a 20-day deadline, and City Clerk Martinez said that a telephone call might do it. Mayor Baugh suggested they turn it over to the City Attorney. Councilman Rotundo moved to contact the railroad company to see what kind of arrangements can be made to pay the money and negotiate and have the crossing fixed. Mayor Baugh asked if his intent is for the City Attorney and City Clerk to handle it and Councilman Rotundo replied yes. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez asked if it's to be paid if payments can't be arranged and Councilman Rotundo replied that in that event, they should talk it over again. Mayor Baugh agreed they could call a Special Meeting. -4- Council Regular Meeting Minutes November 18, 1985 . , w (..) ORDINANCES AND RESOLUTIONS Res. 85-R-42 Establishing minimum salaries for management personnel - City Attorney Alvarez read this Resolution. RES. 85-R-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING SALARIES FOR THE CITY CLERK/ADMINISTRATOR AND DEPARTMENT HEADS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-43 Appointing one member to Parks and Recreation Board - This item was TABLED for review and recommendation of the applications by the Board. UNFINISHED BUSINESS Lifeguard Program at Menard-May Park - City Clerk Martinez noted that Council has the two page letter regarding the costs for lifeguard protection and the bottom line figure is $18,323.20. Councilman Asting moved to TABLE this for further study. Councilman Prater seconded the motion. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:05 P.M. Minutes submitted by: Lura Sue Koser ~ ~ t ATTEST: CO NCILMAN - ZO E TWO '-/uIY~ COUNCIL~ ~~~REE ~...,~ZrjJ~~ ~UNCILMAN - ZONE FOUR ~ CITY CLERK Approved thisl~day 1Ju:~ , 198~. , MA~N -5- Council Regular Meeting Minutes November 18, 1985