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09-16-1985 - Regular , . Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 16, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00PM 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 Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Father Biegler of St. Paul's Episcopal Church gave the invocation. There was a salute to the Flag. Public Hearing - Second and Final Reading and Action: Ord. 85-0-17 Establishing a Special Assessment Fund - Mayor Baugh requested a motion to recess the Council meeting and go into the Public Hearing. Councilman Asting moved so. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh opened the Public Hearing. City Clerk Martinez read the Ordinance. ORD. 85-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SPECIAL ASSESSMENT FUND FOR THE CITY OF EDGEWATER WHICH SETS FORTH REVENUES AND EXPENDITURES FOR THE PURPOSE OF COLLECTING AND DISBURSING ALL REVENUES AND EXPENDITURES RELATED TO THE PAVING OF CERTAIN DESIGNATED STREETS, PURSUANT TO FLORIDA STATUTES 170. AND RESOLUTIONS 85-R-2l, 85-R-25, AND 85-R-3l; CONTAINING A REPEALER PROVISION; ADVERTISEMENT; A SEVERABILITY CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. There were no comments from the Council members. Mayor Baugh requested a motion to adjourn the Public Hearing. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of August 19, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO due to absence. Special Meeting of September 9, 1985 - Councilman Inman moved to accept these minutes of September 9, 1985. 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. MISCELLANEOUS Walter Gross, 909 Lake Avenue, stated the City is spending about three million dollars a year and has about 8,000 people and is run by a strong Mayor, four Councilmen, and a capable City Administrator. He expressed his shock at some of the statements made at the last meeting regarding one Councilman making most of the decisions and is the only one with experience and knowledge who should be getting the double pay which was voted in. He said he asked one of the Councilman when he was going to start representing the City and was told that he didn't have a chance to make motions because 90% of the motions are made by the other Councilman. Mayor Baugh called a three-minute time limit. No Council member expressed an interest in hearing more. Mr. Gross asked if he's being stopped or if he could speak as a protest, and asked the Mayor to meet with him to talk further. Mayor Baugh agreed he would talk with him and Mr. Gross said he'd call him for an appointment. u Q MISCELLANEOUS (Continued) - John Siburn, Connecticut Avenue, asked if he could relinquish his three minutes to Mr. Gross. Mayor Baugh replied no, because the Council doesn't wish to hear more at this time. Mayor Baugh pointed out that the population was changed to 9,996. Frank Opal, Florida Shores, said that when he was in Port Orange recently he was asked if he'd seen the report done in January, 1984, which was also a deposition. He said he went to Deland and found this report is supposed to be in the hands of the City Clerk and asked if it is. He added that it's regarding Robert Adams. City Clerk Martinez replied that it's in the hands of the City Attorney and he took the deposition and she'd have no reason to have it. Mr. Opal said he'd track it down and make a copy of it. He added that Mr. Adams is a former Policeman and he'll give a copy to Chief Schumaker. Mr. Opal said Ormond Beach is having an election and they run for their own zones except for the Mayor. Mr. Opal stated that Council is supposed to have a meeting the first and third Mondays of the month and they should have had a meeting on Tuesday or Wednesday for the Labor Day holiday. Mayor Baugh noted that this is the third Monday of the month. Mr. Opal said he'd check on this. Frances Olds, 122 East Marion Avenue, said she'd talked to Councilman Prater regarding this subject. She spoke on the speed along S.R. 5 and the lack of a deceleration lane, especially near Marion Avenue. She said she feels this contributes to a lot of accidents and realizes Council has no juris- diction because it's a State road but she'd like them to send a letter to the State Department to look into this. Mayor Baugh noted that a survey was done on U.S.l about three years ago by the DOT and they determined the speeds were fine all along U.S. 1. Mrs. Olds pointed out that there's now a shopping center and more people living in the areas off these streets. Mayor Baugh suggested the City Clerk write to DOT to request they corne back and run the survey on U.S. 1 to check the speeds. No Council member expressed an objection to this. Mayor Baugh suggested they check on Marion Avenue also. Gary Lamb, Assistant Fire Chief, expressed his concern with lack of access at the Florida Shores Plaza for Fire or Rescue due to the parking in the fire lane. He suggested the City have an ordinance regarding parking in the fire lane. Mayor Baugh suggested they refer this to the City Attorney and get his legal opinion regarding a parking ordinance and they tried to get it years ago along the park and pier. James Hatfield, 236 Old County Road, questioned the $412,00 additional budget over last year. He referred to all the vehicles that he sees parked at the City buildings, and said it's inefficient operation because 50% aren't being used and the City has to pay the high insurance. Mr. Hatfield said the deferred credit of buying it now and paying for it next year is how the government in Washington got in the red. He suggested they go over the budget again and try to get more cut out. COUNCIL/OFFICERS REPORTS, BOARD AND COMMITTEES City Council Reports - Councilman Prater asked that a letter of appreciation be sent to the County to thank them for their services with the road paving program. Mayor Baugh agreed it's a good idea. Councilman Asting stated that the committee appointed to screen the consulting engineering proposals has selected four firms for Council to interview. He noted that the committee consisted of City Engineer Ferrara, Utilities Super- intendent Terry Wadsworth, and him. He asked if a meeting on Friday, September 20th, would be agreeable with Council. Council members agreed to this date. Councilman Asting said he'd gone to the New Smyrna Beach Commission meeting when the inter-city water hookup was discussed and they wholeheartedly approved it. He noted that this will provide Edgewater with water in emergency situations, and based on the pending engineers' studies, the connection will be at Riverside Drive or 10th Street. -2- Council Regular Meeting Minutes September 16, 1985 o ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilman Asting stated for the record that at the last Council meeting comments were made regarding the number of meetings and the Code requires two meetings a month, but it's impossible to take care of City business with only two meetings a month because of matters that arise between. He pointed out that this Council has met formally 56 times in the last eight months, or an average of 7 meetings a month, and this doesn't include the several times a week that individual Council members meet with the City's Department Heads for the purpose of coordinating City activities, and the Council members use their own transportation in the conduct of City business. He stated that because of annoying telephone calls meant to harass him, he had his number changed to an unlisted number, as these calls often were taken by his wife and they distressed her. He added that people who call City Hall and give their name will be able to get his telephone number. Councilman Inman asked Council to consider revising Ordinance 85-0-5 regarding the Management Salary and Benefit Plan, and that in section 1 the section "and the City Council shall prepare a written Performance Evaluation and make commensurate amendments to the salary plan annually prior to October 1 of each year." should be deleted. He stated he based his request on the fact that the evaluation is a permanent record in the employee's files and Council members are unable to make a fair and true evaluation of some of the Department Heads who they don't come in daily contact with. He suggested Council study this and make a decision at the next meeting as to whether this ordinance should be revised. He asked to table this until further action can be taken. Mayor Baugh said he agrees about the evaluations, and asked the City Clerk to give them a copy of this. City Attorney Reports - City Attorney Alvarez was not present at the meeting at this time. City Clerk Reports - City Clerk Martinez stated that Council received a copy of the letter from Cardinal Industries Incorporated. She read the letter of invitiation for Council to tourthe models and facilities as Cardinal's guests. She noted that if anyone wants to go, they need to accept it or decline. Mayor Baugh said he appreciated the invitation but he isn't interested in how they build them but the quality of what's in our City, and he can't make it over there for an all-day activity. City Attorney Alvarez arrived at this time, 7:35 P.M. Councilman Inman said he appreciated the invitation but declined because he felt he might be under some type of obligation if he accepts. Councilman Asting said he would have gone if the majority of Council wanted to, but since that's not the case, he'll not attend. Mayor Baugh asked that the City Clerk send a letter to thank them. City Clerk Martinez stated she needs Council authorization to formally request Volusia County's assistance with a life guard plan at Menard Park. She noted that the insurance carrier advised her they won't renew any portion of the insurance package if we don't do something about the liability at Menard. She said there was a meeting with the Marine Patrol, Police Department, City Attorney, two members of the insurance companies, and a member of the life guard force, and she was advised the request needs to be on paper to the Assistant County Manager for an answer. Mayor Baugh clarified that the recommendation is to write to the Assistant County Manager and City Clerk Martinez agreed it's for assistance, financial and planning. Councilman Inman moved to send the formal letter and request their assistance. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez pointed out that during budget workshops they discussed the need for a City Planner or an Assistant, or a part-time employee, and she requested Council authorization to prepare a job description and a salary grade through the Merit Board and bring it back to Council for final and formal approval, and then advertise at that point. Councilman Rotundo moved to advertise for a City Planner. Mayor Baugh clarified she wants to set up the job description and needs authorization for it. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes September 16, 1985 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Police Department - Chief's request to attend Executive Seminar in Tallahassee - City Clerk Martinez read the September 4th memo from Chief Schumaker. Councilman Prater moved to grant the Chief his request for November 4 to November 8 according to the terms on his letter. Councilman Asting seconded the motion. Motion CARRIED 5-0. Police Department - Recommendation on bids for leather and weapons (Tabled 8/19/85) - City Clerk Martinez read the August 27th memo from Chief Schumaker which recommended the bid from Maszk's Workshop Inc. in the amount of $4,401.75 for fifteen sets be accepted. Councilman Inman moved to accept this bid for 15 sets of leather and weapons. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Fire Department recommendation on bids for breathing air compressor - City Clerk Martinez read the September 11 memo from Fire Chief George Kennedy in which he recommended the bid from H & H Enterprises be accepted as the lowest bid that meets their specifications. Councilman Asting moved to accept the recommendation of the Fire Chief. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to add gas pumps as permitted use in B-2 - City Clerk Martinez read the August 13 memo from Planning and Zoning. Councilman Asting stated that he's confused by the actions of the Board because on April 3 they received a request from Mr. DeCubellis for a service station and on February 20th Mr. Bennington said that no changes were needed in B-2 zoning. He said he'd like to see B-2 zoning changes to include service stations and automobile sales and anything related to the automotive field He recommended that this matter be turned over to the City Attorney as he'll be attending the Planning and Zoning Board meeting on September 18th and perhaps he can discuss with the Board necessary revisions of B-2 zoning to consider anything related to the automotive field. Mayor Baugh agreed it should go back to the Planning and Zoning Board because they could add this and approve it to be a special exception in B-2 and asked if they should hold this man up. Councilman Asting pointed out that they're also holding up other people who would like to get their businesses approved, and it shouldn't be that much of a project to have Planning and Zoning change it as they permit automobile service and repair but not sales and service stations. There was a discussion about when it could be heard by Planning and Zoning and it was agreed they could supplement the September 18th agenda with this item. Councilman Inman said he'd like the City Attorney to check to see if this is spot zoning. Mayor Baugh pointed out it's already B-2 zoning. Councilman Asting stated that this could look like discrimination because it was refused in April and now they're recommending it. Councilman Asting moved that it be placed on the agenda of the Planning and Zoning Board for the 18th. Councilman Inman seconded the motion. Councilman Inman noted that he hoped they'd get fairly quick action on this so they'll not hold people up unecessarily. Motion CARRIED 5-0. Planning and Zoning Board - Request to amend Ord. 84-0-36 re: deletion of "single family and duplexes" - City Clerk Martinez read the September 4th memo from the Planning and Zoning Board. City Attorney Alvarez pointed out that this ordinance was prepared pursuant to information submitted by Planning and Zoning and the records indicate that single family and duplexes were included under the Schedule section. He noted that if that shouldn't have been included, the title of the ordinance makes no reference to single family or duplexes and there will be no need to readvertise this ordinance and they can just prepare an ordinance striking the language that they now object to, but he'd suggested notifying the Code people in Tallahassee, since it doesn't affect the body or intent of the ordinance, nor the title or advertisement of it. Councilman Asting moved that the City Attorney prepare an amendment to Ordinance 84-0-36 to delete the words "single family or duplexes" as recommended by the Planning and Zoning Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes September 16, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks and Recreation Board re: flag poles at recreation areas and parks - City Clerk Martinez read the August 19 memo from the Chairman of the Parks and Recreation Board. Mayor Baugh stated that some of the parks did not warrant flags and poles. Councilman Rotundo said he didn't think all the parks should have flag poles on them due to size. Mayor Baugh asked Mr. Tom Sheridan, Vice Chairman of the Board, if the Board's intention was for all parks to be included, regardless of size. Mr. Sheridan replied that when the motion was made it was intended to include all parks and recreation areas. Councilman Asting agreed with Mayor Baugh and suggested they might go by land area and the Board could come up with a recommendation. Mr. Sheridan stated that the intent was to get a flag pole erected at every park. Mayor Baugh asked Mr. Sheridan to take it back to his Board because some parks are so small and might be vandalized. Mr. Sheridan agreed he would. Mayor Baugh suggested they leave it up to the Board as to areas that would warrant a flag rather than bring it back to Council, and they could include it in the plans. Mr. Sheridan said the purpose was to get a flag pole erected when the park is being built instead of having to wait, and he asked if the Board would be allowed the discretion of establishing the area and the landscaping and other work done as the park is being built. Councilman Inman asked who will put the flags up and take them down. Mr. Sheridan replied that will be done by the Parks and Recreation employees. City Clerk Martinez pointed out they don't work Saturdays and Sundays and quit at 3:30PM daily. Mr. Sheridan noted that they're getting to the point where they need supervision at these parks. COMMUNICATIONS Elk Ladies request to have street carnival at Florida Shores Plaza - City Clerk Martinez read the letter dated August 28, 1985, from Eileen Brundage of the Elk Ladies requesting permission for a street carnival to be held on September 27, 28 and 29 at the Florida Shores Plaza. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion, and asked who is liable. Catherine Acres and Eileen Brundage advised Council they have a one million dollar insurance policy from the man who's going to put it on. Mayor Baugh asked for a copy of the policy and they provided a copy to the City Clerk. Motion CARRIED 5-0. Florida Coalition for Auto Safety Now request for resolution to endorse mandatory safety belt law - City Clerk Martinez stated that the letter from the Florida Coalition was sent to the Safety Committee for their review and recommendation and the Committees response was a question as to how it would be enforced by the City, and they felt it would a worthwhile issue for the State level, but not the local level. Councilman Inman stated that he can't endorse this as he maintains a person has the prerogative to elect the use of a safety belt or not. He referred to when the Federal government issued an ultimatum regarding helmets for motorcycle riders. He pointed out that after awhile the safety belt material gets soiled and deteriorates and a person putting it on has a false security and they can't be taken off and tested. Councilman Rotundo asked if the insurance would back them up if they don't pass it. Mayor Baugh replied that it's just a recommendation and he doesn't think it has to do with insurance. Councilman Rotundo moved that the City of Edgewater go along with this program until the State tells them, and until then it's not a law, and he thinks for the safety of their personnel in the City and for the young people in the State of Florida, they should pass this. Councilman Prater seconded the motion. Motion DID NOT CARRY 2-3. Mayor Baugh, Councilman Asting, and Councilman Inman voted NO. -5- Council Regular Meeting Minutes September 16, 1985 o o COMMUNICATIONS FEC re: John Street crossing - City Attorney Alvarez pointed out that Council by motion directed Vice Mayor Asting, the City Administrator, and him to undertake a review of what would be required for the opening of Dale and John Streets, and they went to Saint Augustine to meet with representa- tives of the railroad. He said they discussed the liability aspects with the insurance carrier, and met with property owners beyond John Street to inquire as to dedication of any necessary rights of way. He noted that the agreements were sent back and forth for language changes several times and this is the final product. He pointed out the agreement, which costs approximately $3,000. to the City, will allow the railroad to open and construct a crossing at John Street. He said the line hasn't been used recently but the railroad but it could be ready for use within three weeks' work by a crew and they don't give up spur lines. He pointed out they plan to include us with the overall insurance policies for crossings in the State but the City's carrier will provide them with the necessary coverage at no cost to the City. He said the property owners have executed the necessary documents to dedicate the rights of way to the City and if Council wants to go ahead with it, the City Engineer will survey it and layout on the field the right of way and obtain the legal description. He said it's contemplated that the street will go as far north as the northern City limits and touch upon the new Junior College being built. He pointed out the positive aspect of the agreement is that it's a private crossing for a public street, and public crossings usually cost about $80,000. for the equipment, and they'll enter into an agreement from a reduced cost from $80,000. to about $3,000. Councilman Asting moved that the Council authorize the City Attorney to prepare a resolution for the authorization to execute the FEC Agreement. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Rotundo questioned the rental fee of $500. a year. City Attorney Alvarez said it's for the privilege of crossing the track. Councilman Asting pointed out that the whole thing might be cancelled out by the railroad in the near future because they have some plans for the development of that area and might not charge anything in the future. Councilman Rotundo asked if John Street will be dedicated to the City and City Attorney Alvarez replied yes, and he recommended that the resolution be prepared to adopt the agreement, subject to prior obtainment of the necessary rights of way. Councilman Asting included that in his motion and Councilman Inman agreed as the second to the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS 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. Councilman Asting moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Attorney Kolodinsky re: recreation fee amount for proposed Pilch Construction, Inc. project (Continued from 8/19/85) - Attorney Judson Woods was present, in place of Attorney Rick Kolodinsky. Attorney Woods complimented Council on the expeditious manner in which they conducted business and the harmony. He noted that Mr. Pilch wants to dedicate his property located just off Ocean Avenue and they've presented Council with some possible ideas for use of the property to benefit the City. He pointed out that the City can accept property in lieu of payment for the land, and the City would be getting a very valuable piece of property with over one acre and it would be in excess of the requirements of the ordinance. He said the property is zoned B-3 which makes it a very valuable commercial land, and Mr. Pilch's letter put the value at $48,000 and the tax assessor had an assessed value of $19,724.34 which would exceed the amount required if Council opted for money instead of land. He said Mr. Pilch is recommending it be used as a circular route into the school rather than having a one-way route. -6- Council Regular Meeting Minutes September 16, 1985 Q o UNFINISHED BUSINESS (Continued) - Attroney Kolodinsky re: recreation fee amount for proposed Pilch Construction, Inc. project (Continued from page -6-)- City Clerk Martinez read her September 11 memo to the Mayor and Council and said they researched this and two out of five uses that Mr. Pilch presented were not recreational and this is a require- ment. She said based on that, it was not her recommendation that it's in the best interest of the City to accept this particular piece of property. Attorney Woods asked if they've considered the sale of the property due to its high value. City Clerk Martinez said it was considered but it's a matter of sitting on it and the moving factor. Attorney Woods stated that B-3 property is hard to find. Mayor Baugh pointed out that the 20 or 25 feet is the only way to get into the property and part of it is locked in at the day school and they have a problem now with people going into the school and the south end is School property, which would need School Board approval for its use. Councilman Rotundo said he's against this piece of property Pilch if he has any other property he wants to bring forth. not within the City limits of Edgewater. Councilman Prater said there are quite a few things against this and it would be very costly to get it ready for children because of fencing and grading and access. and asked Mr. Mr. Pilch said Councilman Asting said he looked at the plans Mr. Pilch submitted and he didn't see any recreational value for recreational activities and the City couldn't use it if it were given to them as the ordinance states the land or monies taken in by the City has to be used for recreation or they'll violate the ordinance. Councilman Inman said he read the reports from the Department Heads on this and it bothers him because it abuts FEC property that's posted, but is still dangerous to children, and they would climb a fence. He pointed out that emergency vehicle access would be limited because of one entrance. Mr. Ted Pilch said regarding the single entrance, the pavement is 20 foot or less and Persimmon Place is a town house with only one access and the present athletic facilities at the elementary school abut the railroad tracks like his property doe~ and he asked the difference. Councilman Inman stated that a two lane is normally 22 feet, and Mr. Pilch said the newly paved streets aren't that wide. Mayor Baugh stated that the property at the elementary school is owned by the School Board and the City runs it but it's quite a distance from the school and not that close to the railroad and there are ways of getting in and out of the ballfield, and the only way to get out of this property is the 20 feet. He said the funds have to be used for recreational purposes and the only way he could see is ~he parking for children coming out of school, and that's not recreational. Mr. Pilch suggested they could use it for parking for the recreational activities for the games. Councilman Rotundo moved that due to the fact that Mr. Pilch does not have any other piece of property, he makes a motion to turn this request down. Councilman Prater seconded the motion. Motion CARRIED 5-0. Attorney Hall request to vacate 15 foot alley behind Jiffy Food Store (Tabled 8/5/85) - Mayor Baugh pointed out that this was administratively withdrawn. City Clerk Martinez stated they'll try to get more information and have it back on the agenda for the next meeting. -7- Council Regular Meeting Minutes September 16, 1985 '. o o UNFINISHED BUSINESS (Continued) Barracuda Area Youth Football Association request for donation (Tabled 8/19/85) - City Clerk Martinez stated her secretary called to get further information on the donation requested and a representative had planned to be at the meeting. There was not a representative present when Mayor Baugh asked for input. Mayor Baugh recommended that this be tabled until a representative can be present. Councilman Prater so moved to TABLE this. Councilman Inman 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 8:38 P.M. Minutes submitted by: RL- . , ~ .I fw ~ +-b;) Lura Sue Koser o NCILMAN - Z E TWO 7u~'~ COUNCIL~ ZONE REE ~ -;t',J ~;r.r?C~ ~UNCILMAN - ZONE FOUR J~ ATTEST: C~ &' h..~ CITY CLERK Approved this7~day of ~~ ,198S": r?+ (' ~....J.. C\) MA R -8- Council Regular Meeting Minutes September 16, 1985