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10-07-1985 - Regular .. o u CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 7, 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 At Mayor Baugh's request, there was a moment of silence in Walter Gross's memory. INVOCATION, SALUTE TO THE FLAG Reverend Siano of the Edgewater Alliance Church gave the invocation. There was a salute to the flag. Public Hearing - Second and Final Reading and Action: Mayor Baugh requested a motion to recess the Council meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 85-0-20 Amending Chapter 17 by adding Article III, Handicapped Parking - City Attorney Alvarez read this Ordinance. ORD. 85-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER BY ADDING ARTICLE III, HANDICAPPED PARKING; PROVIDING REGULATIONS AND PENALTIES; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience and no comments from Council. Mayor Baugh requested a motion to adjourn the Public Hearing and go back into the regular Council meeting. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-20 - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of September 16, 1985 - Councilman Asting moved to adopt these minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of September 20, 1985 - Councilman Prater moved to approve the minutes of the workshop of September 20, 1985. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of September 26, 1985 - Councilman Asting moved to adopt these minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting of September 26, 1985 - Councilman Rotundo moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Inman moved to pay the bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted that there's a supplemental bill in the amount of $23.00 and a memo from Lieutenant Britain regarding the charge for a siren. repair. Councilman Asting moved to pay the bill. Councilman Inman seconded the motion. Motion CARRIED 5-0. Q o MISCELLANEOUS Vic Rosa, 317 Wildwood Drive, asked the status of the repair to the street damage in Wildwood. City Clerk Martinez replied that it's presently with the City Engineer and the developer. Mr. Rosa pointed out that it's been about a year since this came up and asked about the bond for Phase I. City Clerk Martinez stated the City still holds the bond. Mr. Rosa asked if this can be brought up at the next meeting and Mayor Baugh replied that if the engineer is back, it will be on the agenda, and suggested that Mr. Rosa call City Hall on the Wednesday before the meeting to see if it's ready. David Mitchum, 2935 Victory Palm Drive, stated that he'd gone to the Planning and Zoning Board the past Thursday and got site plan approval for a building to be built on Hibiscus, subject to rewording of an ordinance by Council. He pointed out that auto body shops are permitted now and they want to change it to auto and paint and body shop. He asked Council to change the part about it being subject to rewording, and said he's had a license for three years and painted cars and done body work and it will take him about two months to build the building. He pointed out that he'll have to pass the City codes, and it's a permitted use in that zone, and it's just a techni- cality. He said the body shop will have a paint booth that's state of the art and 7 or 8 people already hold licenses on this street. Councilman Asting suggested the Council be polled to see if there's an objection to this and perhaps the man could start his project. Mr. Mitchum said he just needs a building permit now and his loan was approved and he just wants to delete the part of "subject to..." Councilman Asting asked the City Attorney for his comments. City Attorney Alvarez asked City Clerk Martinez if she'd reviewed this matter and City Clerk Martinez replied yes. City Attorney Alvarez asked for her input. City Clerk Martinez said the recommendation coming to Council is a recommended change in the Code for definitions of already existing permitted uses that have no definitions. She added that he is not requesting an occupational license, just authorization to build a commercial building and what goes into that building will be fully addressed at the time of his request for an occupational license and the building will have to comply with the Code. She pointed out that what Planning and Zoning is recommending be changed are not changes to the Code for his building but the definition of what will go in it. City Attorney Alvarez said if the definitions were changed, he'd still be in compliance for the occupational license and City Clerk Martinez agreed that auto body shops are a permitted use in his zone now. City Attorney Alvarez pointed out that B-2 was amended in 1984 to include auto body shops. City Clerk Martinez said the Planning and Zoning Board had problems with the painting. Mayor Baugh noted that he'll have to be concerned with compliance when he gets his license. City Attorney Alvarez pointed out that if Council doesn't amend the wording, it's still a permitted use as an auto body shop. Councilman Asting moved to allow this man to continue with the building and that he be issued the necessary building permit. Councilman Inman seconded the motion. Motion CARRIED 5-0. Frank Opal, Florida Shores, said Briley, Wild made a complete study and calcu- lations were done in 1966 of the drainage situation for all of Edgewater. He said the former Mayor also was flooded and he blamed one person for the catastrophe and these plans were paid for by City taxpayers and asked where they were. He said it's a shame nobody on Council checked this out and several people knew about it but it's easier to hire new engineers. He said there are two large stormwater drainage pipes under the streets and when this took place, the City was working with the State. He suggested they call the past Mayor who left office to straighten them out. Mr. Opal said that 3 or 4 years ago Bill and Council did nothing to alleviate the Wild and the flooding has gotten worse. knew how the problem originated. Mr. Opal asked how many were mourning the death of a colleague who died suddenly and was truthful and honest. He said he mourns his loss. Cross told them Wildwood gets flooded problem and instead got rid of Briley, He asked who's to blame and said he -2- Council Regular Meeting Minutes October 7, 1985 u u MISCELLANEOUS (Continued) Frank Opal (Continued) - Mr. Opal stated that he'd talked with Walter Gross on Friday evening and he'd wanted a Councilman to take him to see John Street, but there is no John Street. Mayor Baugh noted they have the survey Mr. Opal referred to and it's in the hands of the City Engineers and it was done about 20 years ago. He said he can't speak about what the past Council did about drainage in Wildwood but the engineers now have a work order. City Clerk Martinez pointed out that Frank Marshall was issued a work order and he's had two meetings with Earl Copeland and Mike Tenney and he'll submit something soon with preliminary responses to the request. Mrs. Opal asked where John Street is and Mayor Baugh replied it's off Park Avenue. Mrs. Opal asked if it's a path or an easement. Mayor Baugh replied that the surveyors are looking at it now. Mrs. Opal asked why it's not on the plat and Mr. Opal said there's no such thing as John Street. Dominick Fazzone, 302 Paradise Lane, said there's a big problem with drainage but Council is taking it seriously and there's also a problem with code enforcement. He said they're building along U.S. I past the cemetery at Ed Hall's development and those condominiums aren't able to take the water and it comes down into Shangri-La and they couldn't get their cars out for three days. He said the builders build fast without adequate drainage and that causes part of the problems, but he feels the engineers will corne up with a solution. He thanked Council and said he feels they're trying to do their jobs. Joe Bakovich, 6 Pinesedge Court, asked when they're going to finish cleaning the drainage ditches in Wildwood because they really need it. City Clerk Martinez said she'll talk with the Superintendent. Mayor Baugh suggested he call the City Clerk the next afternoon. Mr. Bakovich said they need another culvert going across the road. Mayor Baugh pointed out that's County property. Councilman Asting noted that one of the problems in Wildwood is they built fences up to the ditch and they can't get the equipment in to continue the cleaning. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo stated the bike path committee has held meetings and they're waiting for Gerry Ferrara's cost estimate for this project and it will be on the agenda for the next Council meeting. Councilman Asting stated that some time ago a previous Council sent a request to the School Board for a joint meeting to consider opening Turgot Avenue from the school area to alleviate traffic probelms. He moved that they send another letter to the School Board asking for a joint meeting to see if they can get any cooperation to open Turgot for an entrance and exit for the school. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting pointed out a recent newspaper article regarding the Assistant County Manager denies lifeguard protection at Menard is not factually accurate. He said the river referred to in the article is a State waterway and doesn't belong to Edgewater and the boundary just goes to the river. He noted that it's used by the County, New Smyrna Beach, and Edgewater residents, and also that the Marine Patrol is responsible for law enforcement. He said that Edgewater's responsibility ends at the water's edge, and beyond that is a State or County responsibility. He pointed out that New Smyrna Beach and other cities with beaches are provided with County lifeguards when the beaches are open and Edgewater should be entitled to the service since some of the tax money goes to paying for this service. Councilman Asting moved that a letter be prepared asking the County Council to provide lifeguard service to the public park at Menard when it's open and it be signed by the Mayor and all City Councilmen and hopefully the County will act favorably in this matter. Councilman Inman seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes October 7, 1985 ~ o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Mayor Baugh stated that Chapter 85-257 regards smoking and the City Clerk has requested input from department heads regarding their smoking or no smoking areas. He pointed out that Council is responsible for the Community Center and he recommended to Council that the Council meetings and all meetings of City boards have no smoking in the Community Center. He noted that they can't regulate the Fire Department as they set their own rules and if there's a wedding, they'd have their own rules. He asked for a motion to ban smoking in the Community Center while the City Councilor any Board is in session. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated this will be effective as soon as the signs are posted. Mayor Baugh stated the City got a Certificate of Conformance for financial reporting for the fiscal year ending September 30, 1984. He noted that this was awarded to City Clerk Martinez and to the City of Edgewater, and this is the second year in a row for this award, and it's one of the highest certifi- cates you can have for financial reporting. He presented the certificate to City Clerk Martinez and congratulated her. City Clerk Martinez thanked him for the presentation and said that without a fantastic Council and staff, these things are not possible. City Attorney Reports - City Attorney Alvarez stated that he'll be working with various items on the agenda. City Clerk Reports - City Clerk Martinez stated she'd received a letter from Gayle Harmon and she suggested a building committee be appointed to see about land and planning and construction of a new library. She read the names proposed by Mrs. Harmon, which represented a cross section of the population: Mary Rice, Shirley Garthwaite, Louis Rotundo, Allison Kolodinsky, David McCallister, Jack Bevel, and JoAnne Sikes. She requested Council approval to contact this committee and get them started on obtaining land for construction. Councilman Asting moved to authorize Gayle Harmon to go ahead with her plan. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that each year they request Council approval to pay specific vendors on a regular basis and the three vendors are South Florida Natural Gas, City of Edgewater, and Pitney-Bowes. She pointed out that this authorization will eliminate the late charges. She requested that they also add Florida Power and Light Company,A T & T, and Southern Bell as these would eliminate some book work. Councilman Asting moved to authorize the request by the City Clerk/Administrator. Councilman Inman seconded the motion. Mayor Baugh asked if these will be on bills and accounts and City Clerk Martinez replied no, they'll be paid on the Thursday when they cut payroll checks, but Council can review them at any time. Motion CARRIED 5-0. City Clerk Martinez stated she's requesting that she and Karen Rickelman attend the 1985 Joint Seminars for City Clerks and Finance Officers on November 11-15. She read the list of expenses which had an estimated total of $444) with a deduction of $150 for the scholarship she received. She pointed out that money has been appropriated in Finance and Administration and they're also requesting reimbursement of mileage upon their return at 2l~ a mile. Councilman Rotundo moved to grant this request. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they need Council authorization to cut a check for those who want to attend the Volusia League of Municipalities dinner meeting to be held in New Smyrna Beach on October 24, 1985. Councilman Asting moved to authorize the funds for this. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez asked that those who will be attending to advise her office so that reservations can be made. -4- Council Regular Meeting Minutes October 7, 1985 u (.) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department request to use County bid prices to purchase culverts- City Clerk Martinez stated that Everett Wilcox has requested authorization to purchase culverts in excess of $2,000 under County bid. Councilman Asting said these are probably for drainage purposes and he moved to authorize Everett Wilcox to go for the County bid. Councilman Inman seconded the motion. Motion CARRIED 5-0. Public Works Department request to use County bid prices to purchase galvanized steel pipe - City Clerk Martinez stated that there's a request from Earl Copeland to purchase galvanized pipe under the same procedure under County bid and this is the large pipe with a cost of $5,680.80. Mayor Baugh asked if this is budgeted and City Clerk Martinez replied yes, and it's for drainage. Councilman Asting moved to grant Earl Copeland's request. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez said he's working with Frank Marshall on this. City Clerk Reports (Continued) City Clerk Martinez stated that they received notification that all three bargaining units, PEA, SPEA and PBA, had a ratification meeting and all three rejected the proposal and have asked for another meeting to continue negotiations. Mayor Baugh suggested that Councilman Inman make contact with them and Councilman Inman agreed. Fire Department request to use State bid to purchase radios and chargers and pagers and chargers - City Clerk Martinez read the October 2nd memo from Fire Chief George Kennedy requesting the purchase of radios and pagers and chargers under State bid in the amount of $12,793.30. Mayor Baugh asked if it's budgeted and City Clerk Martinez replied yes and he chose to use State bid price which would permit them to avoid the bidding procedure. Mr. Kennedy said the original pagers were purchased 10 years ago and Motorala is phasing them out and they're trying to get the same pager system and is the one they discussed at budget time. Councilman Asting moved to authorize George Kennedy to make this purchase. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board re: purchase of land in Florida Shores for recreation purposes - City Clerk Martinez read the August 15th memo from the Parks and Recreation Board. Councilman Asting moved that this be TABLED until the Council has an opportunity to go out and look at these sites. Councilman Inman seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS S. O. Shinholser, Jr., re: using Turnbull Hammock for drainage - Mayor Baugh noted that Council has a letter from Mr. Shinholser regarding land to be used for drainage. Mr. Shinholser suggested they read his letter and review the map that he'd brought. Councilman Asting suggested the Council look at them and turn them over to the City Engineer. Mayor Baugh said he doesn't know that much about engineering and would like them to study it and bring their recommendation back to Council. Mr. Shinholser agreed that would be all right and he also has a plan for the drainage plant at a low cost. Mayor Baugh suggested the City Clerk set up a meeting with the City Engineer if Council doesn't object to this. Councilman Asting agreed. Petition from residents of Wildwood re: drainage - Mayor Baugh suggested a spokesman speak to Council on behalf of those who signed the petition. He pointed out that the engineers are working on this problem now. Harry Ryan, 516 Wildwood, said he had water in his garage but his neighbor's house got flooded. He said he was at a Council meeting three years ago about this and Councilman Asting came out and talked to them in Wildwood, and Mr. McClelland from the County also came. He said they keep surveying and making engineering studies but what they need is people like Earl Copeland to come out and do some work. He stated that the building inspectors allow builders to fill in the canals they already have. He reviewed that the Fire Department pumped the water out recently. He said the new store on Park Avenue has small pipes and the water runs to Wildwood instead of to the drain because it's only 3" below the road. Mr. Ryan said the County property abused the right of Edgewater by allowing water to be drained into the City where an air field was and they encroached on his property. He asked Council to do something about the drainage problem, and said he doesn't know where a fence exists because they have an easement to clean the canal. Mayor Baugh said this is a priority now and they'll be kept informed. -5- Council Regular Meeting Minutes October 7, 1985 " , . u o COMMUNICATIONS (Continued) Petition from residents of Wildwood re: drainage - Richard Hubbell, 422 Wildwood Drive, said there's an easement between his house and the next, and the town can connect the drainage at that point right to the canal behind his house. Mayor Baugh noted that's what they have the engineers and Earl Copeland working on. Mayor Baugh thanked them for coming. Vic Rosa, 317 Wildwood Drive, expressed his concern with only one entrance and exit in case of flooding. He suggested an emergency road and asked them to check with the engineers. Mayor Baugh pointed out that the property around it is County, and he thinks it would be up to the developer. City Attorney Alvarez noted that the developer is out of the picture as he developed it prior to the adoption of the subdivision ordinance, and now they are living with the problem that's facing the City which should have been addressed when the subdivision was put in. Mr. Rosa again suggested they look into an access road. Councilman Asting noted that Wildwood is surrounded on three sides by private or County property and they'd have to buy a piece of land to connect the southern part of Wildwood to 12th Street, and it would be expensive, but perhaps they can ask the County to help. Mayor Baugh said he questioned there being only one road at the time. Alex B. Thompson, New Smyrna Beach Senior High School, request for contributions to Close Up Foundation - Councilman Asting moved that this matter be turned over to the City Clerk/Administrator to look for funds in the budget. Councilman Prater seconded the motion. Councilman Asting said if the motion passes, the City Clerk would contact Alex Thompson and advise him. Motion CARRIED 5-0. Mr. Thompson said he'd contact the City Clerk. He then spoke on the drainage problem and said it was an act of God with all the rain. He commended Council because he thinks they're trying to do what is right. He said sometimes they cut things out when they shouldn't. He thanked the Council for last year's contribution to send three students to Washington and said slides of the trip are available if they want to see them. ORDINANCES AND RESOLUTIONS Ord. 85-0-21 Amending Art.VII, Section 715.02 V.(2) Site Plan Approval - City Attorney Alvarez read this Ordinance. ORD. 85-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 715.02 V.(2), SITE PLAN APPROVAL, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY DELETING SINGLE FAMILY OR DUPLEX SPECIFICALLY FROM SITE PLAN REVIEW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Orinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-22 Amending Ord. #85-0-5 Management Salary and Benefit Plan - City Attorney Alvarez read this Ordinance. ORD. 85-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 1 OF ORDINANCE 85-0-5 BY PROVIDING FOR QUARTERLY REPORTS TO BE SUBMITTED TO THE CITY COUNCIL, AN ANNUAL SALARY EVALUATION TO BE CONDUCTED ON DEPARTMENT HEADS AND THE CITY ADMINISTRATOR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 85-0-22. Councilman Inman seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Attorney Charles Hall request to vacate 15 foot alley behind Jiffy Food Store - Attorney Hall stated that he represents Jack Sapp, who owns the Jiffy Food Store on the corner of Ridgewood and Wilkinson, and he's requesting a 15 foot alley behind the store be vacated as it's of no use to the City. He added that it has a big oak tree in the middle of it and it doesn't meet the City's street requirements for width. He said Mr. Sapp purchased the property around it, and he thinks the Planning Board had a misconception about gas pumps being back there. -6- Council Regular Meeting Minutes October 7, 1985 '-J o UNFINISHED BUSINESS (Continued) Attorney Charles Hall request to vacate 15 foot alley behind Jiffy Food Store (Continued) - City Attorney Alvarez asked City Clerk Martinez if she'd conducted the regular poll of department heads and City Clerk Martinez replied yes, and no department head had a problem or objection to vacating it, but the Planning and Zoning Board denied the request. City Attorney Alvarez pointed out that vacating or renaming of streets or alleys or other thoroughfares is within the scope of Council and the requests are routinely sent to depart- ment heads and Planning and Zoning and they each have their own area of responsibility. He noted that Planning and Zoning should look at it to see if vacating would have a detrimental impact on future growth or the Compre- hensive Plan. He added that the recommendation from Planning and Zoning is just a recommendation, the same as from the department heads. Councilman Asting asked Attorney Hall what his client plans to do with the land. Jack Sapp, New Smyrna Beach, said he wanted to add to the back of the store for storage and the property was built on the property line which comes right to the alley line and doesn't leave any room. He pointed out that this alley doesn't line up with any other alley and just stops there. Councilman Asting asked if the addition would be maintained so it wouldn't be an eyesore with bottle storage, etc. Mr. Sapp said it will be maintained. City Clerk Martinez pointed out that it would be inside storage. Mayor Baugh noted that it will cover up what's there now and all they'll see is the building. Mr. Sapp again stated this has nothing to do with gas and he doesn't see what benefit it is to the City. Councilman Rotundo asked if he owns the adjoining land that's zoned B-3. Mr. Sapp replied that it adjoins a different zone after about 200 feet. Councilman Rotundo asked if the City will be compensated in any way for this. Attorney Hall noted that the City can't barter or sell a street or alley. Councilman Rotundo moved to grant this request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mrs. Opal asked how many times they has been refused and Attorney Hall replied once, in 1980. Mrs. Opal said they can give the whole City away. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting moved to adjourn. Councilman Prater seconded the motion. Meeting was adjourned at 8:28 P.M. Minutes submitted by: Lura Sue Koser ATTEST: o '~fa}-~~ COUNCILMAN - NE THRJ ~.-? ..zcJ ~-?/?-?~ ~UNCILMAN - ZONE FOUR CITY CLERK ~ Approved thisd I day f)fJ-JJot -, 198 S. ~.~ (?.J- r ~ fb ~J.O ~ -7- Council Regular Meeting Minutes October 7, 1985