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08-19-1985 - Regular \ . -.,.. Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 19, 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 Excused Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Odom of the Edgewater Baptist Church gave the invocation. There was a salute to the Flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Mayor Baugh asked for a motion to recess the Regular Meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 4-0. Ord. 85-0-14 Amending Art. III, Sect.14-33 re: Four concurrent votes required by Planning and Zoning members - City Attorney Alvarez read this Ordinance. ORD.85-0-l4- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE III, SECTION 14-33 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER BY REQUIRING THE CONCURRENT VOTE OF FOUR (4) MEMBERS OF THE BOARD BEFORE ANY ACTION IS TAKEN AND MAKING THE REVIEW OF SITE PLANS BY THE BOARD SUBJECT TO FURTHER REVIEW BY THE CITY COUNCIL; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Frank Opal, Florida Shores, stated that he was glad to see the ordinance to have four concurrent votes so they can't pass something with a 3 to 1 vote and said he'd been after this for a long time. He said he hopes Council won't take advantage and overrule the Planning and Zoning Board, especially when it comes to annexing property which was tried before and was turned down. Ord. 85-0-15 Amending Art.VII, Sect.7l5.02, Site Plan Approval - City Attorney Alvarez read this Ordinance. ORD. 85-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 715.02, SITE PLAN APPROVAL, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY MAKING THE REVIEW OF SITE PLANS BY THE BOARD SUBJECT TO FURTHER REVIEW BY THE CITY COUNCIL; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 85-0-16 Amending FY-85 Budget - City Attorney Alvarez read this Ordinance. ORD. 85-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ORDINANCE 84-0-16, THE BUDGET ORDINANCE FOR THE CITY OF EDGEWATER, WHICH SETS FORTH REVENUES AND EXPENDITURES FOR THE FISCAL YEAR 1984-1985 BY INCREASING THE GENERAL FUND REVENUE AND THE GENERAL FUND ESTIMATED EXPENDITURES BY $335,789 TO BE USED BY THE VARIOUS GENERAL FUND DEPARTMENTS; CONTAINING A REPEALER PRO- VISION; ADVERTISEMENT; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council input on these ordinances and there were no comments from Council. Mayor Baugh requested a motion to adjourn the Public Hearing and go into the regular Council meeting. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 4-0. Ord. 85-0-14 Amending Art. III,Sect.14-33 re: Four concurrent votes required by Planning and Zoning members - Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Ord. 85-0-15 Amending Art. VII, Sect.7l5.02, Site Plan Approval - Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 4-0. Ord. 85-0-16 Amending FY-85 Budget - Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. ~ Q u APPROVAL OF MINUTES Special Meeting and Workshop of July 29, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 4-0. Regular Meeting of August 5, 1985 - Councilman Inman moved to accept the minutes of August 5, 1985. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting of August 8, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated that there is a supplemental bill for $50. to the City of New Smyrna Beach. She read the memo from Lieutenant Britain which explained that they inadvertently neglected to get a purchase order for the patrolman tests. Councilman Inman moved to pay this bill for $50. to the City of New Smyrna Beach. Councilman Asting seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS John Gross, 404 North Riverside Drive, asked City Attorney Alvarez if he'd talked to the Tax Department regarding the Strand situation. City Attorney Alvarez replied yes. Mr. Gross asked if it's straightened out because he'd heard the City gave Mrs. Hance a quit claim deed to the Strand. City Attorney Alvarez noted that this matter is in the hands of the City Engineer, as it's related to vacating and the right of way and width of the right of way. Mr. Gross stated that a legal document is what's required. Mr. Gross asked if they could rush this because Mrs. Hance is going away in September. City Clerk Martinez said she'd check with the City Engineer to see the status. Mr. Gross asked what the City Engineer has to do with it and Mayor Baugh replied it's to make sure it's the proper width. Mr. Gross stated that the City legally vacated the Strand and has the surveys and measurements. City Attorney Alvarez pointed out that vacating of the Strand was subject to the City's receiving sufficient width on the right of way and it's been pending for a year, and it's gone to three different City Engineers. He added that Mr. Gross has to provide the City with sufficient width and then they can proceed. Mayor Baugh called the time limit on Mr. Gross, and asked Council members if they want to listen to him any longer. City Attorney Alvarez noted that they need to get a report from the City Engineer. Mayor Baugh stated that City Clerk Martinez will ask the City Engineer to meet with Mr. Gross and he can explain what he has. Mr. Gross stated that when they vacated the Strand there was no mention of these requirements and there can be no legal question about the right of way. He said the County told him when the City had the public hearing they didn't have to file the document. Mayor Baugh asked City Attorney Alvarez to talk with the City Engineer before the meeting. Mr. Gross noted that they've been dragging this on and there was no mention of the streets when it was vacated and they should check the minutes of the meetings. Mayor Baugh said he'd see if they can straighten it out. Walter Gross, 909 Lake Avenue, stated Council appointed members to board who are qualified and on two occasions the Planning and Zoning Board voted to deny the application for annexation of 16 lots into the City and voted 7 to 0 because these lots can't offer anything to the City. He said if the lots get taken into the City they'll increase in value. He stated that Council was elected to represent the people of the City and not just one person. He asked Council not to spend any more money for investigations by the engineer after this expert Zoning Board gave them two decisions. He said he thinks it's a conflict where one person is going to enhance the value of their personal land by abusing the facilities of the City. James E. Richardson, 2229 Mango Tree, complained about the Cable TV company's lack of telephone contact in the evening hours when there's a problem. He said his cable has been off for 10 to 15 hours and the cable company wasn't aware of it. He noted that this company was supposed to have good service. Mayor Baugh stated that City Clerk Martinez will call them the next morning and will get him an answer. Frank Opal, Florida Shores, said he thinks he was on the board when this was denied before and it was denied again 7 to 0 and he knows a lot about this property, and about the paper streets also. He said if Council passes this request for annexation, he'll call into the open mike program and will blast Council if they try to change this, and have an engineer go out to check this at $30. an hour. He noted that it's just like the buffer request previously. -2- Council Regular Meeting Minutes August 19, 1985 .. Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated that as Edgewater grows, the need to acquire land for public use is a necessity, plus land for expansion of public utilities, such as wellsites, recreational use, and a City governmental complex. He noted that growth will have to be according to the Comprehensive Plan which calls for it to be to the west and south to Ariel Road. He added that land should be acquired by annexation and by purchase and suggested Council appoint someone to represent them on matters of land acquisition and annexation. Mayor Baugh recommended Councilman Asting be appointed since he's familiar with water and sewer plans. Councilman Inman moved to appoint Councilman Asting to represent the City in matters of land annexation, use of land for water wells and recreation areas, and make reports to Council as required. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. City Attorney Reports - City Attorney Alvarez did not have a report at this meeting. City Clerk Reports - City Clerk Martinez stated the Police Department received Council authorization on May 20th for the Stancil Hoffman recording machine and they now need Council authorization for an expenditure of $1,500. to complete the repairs that are underway now. Councilman Inman pointed out that this a help to the 911 system and Mayor Baugh agreed. Councilman Inman moved to grant this $1,500. for the Police Department for this essential piece of equipment. Councilman Asting seconded the motion. Motion CARRIED 4-0. Fire Department - Recommendation on Fire Pumper bids - City Clerk Martinez read the August 8th memo from Fire Chief George Kennedy in which he recommended the bid be given to Indiana Fire Apparatus Company as the lowest bid to meet all specifications. Councilman Inman moved that they accept this request from the Fire Department for this pumper. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Fire Department - Opening of bids for high pressure breathing air compressor - City Clerk Martinez certified that bids were received from: H & H Enterprises; Action Fire & Safety Equipment; and Eagle Air Systems. She opened the bids and read the totals: H & H Enterprises - $4,850 for l-phase, and $4,550 for 3-phase; Action Fire & Safety Equipment - no bid; and Eagle Air Systems - $7,369 for l-phase and $6,860 for 3-phase. Mayor Baugh recommended that this be turned over to the Fire Department for them to come back with their recommendation. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 4-0. Police Department - Recommendation on leather and weapons bid - Mayor Baugh suggested that this item be tabled as he'd spoken with the Chief and this wasn't the lowest bid and he wants him to get in touch with the bidder and find out a reason why the leather should be purchased from Standard. Councilman Inman moved to TABLE this until the next Council meeting. Councilman Asting seconded the motion. Motion CARRIED 4-0. Police Department - Opening of bids for sale of three used Police vehicles - City Clerk Martinez certified that bids were received from: Airport Used Auto Parts; North Brevard; Park Ave. Salvage Inc.; and an "Unidentified Bid". She opened the bids and read the totals: Airport Used Auto Parts - $150 per vehicle for a total of $450; North Brevard - $188 per unit; Park Avenue Salvage Inc.- $205 each for two Novas and $105 for the Ford for a total of $515; and the "Unidentified Bid" was from Arthur Nerber - $75 for the Ford only. Mayor Baugh recommended that Park Avenue be accepted as the highest bidder at $504. Councilman Asting moved to accept Park Avenue Salvage. Councilman Rotundo seconded the motion. It was pointed out by Lieutenant Britain in the audience that the correct total would be $564. Councilman Asting withdrew his motion and Councilman Rotundo withdrew his second. Councilman Asting moved to accept North Brevard. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Public Works Department request to utilize County bid price for leveling coat for 1.5 miles - City Clerk Martinez read the August 14th memo from Superintendent Earl Copeland in which he requested Council authorization to utilize the County bid for an estimated 500 tons at approximately $39. a ton for the 1/2" leveling coat. She read the list of streets that would be included. Councilman Asting moved to authorize Mr. Copeland -to accept the County bid. Councilman Inman seconded the motion. Motion CARRIED 4-0. -3- Council Regular Meeting Minutes August 19, 1985 " o o COMMUNICATIONS Barracuda Area Youth Football Association request for donation -City Clerk Martinez read the August 3rd letter from Fannie M. Hudson, Funds Coordinator for the BAYFA. Councilman Rotundo asked where the funds would come from and City Clerk Martinez replied that it's under Council Promotions if funds were available, but it's exhausted for this fiscal year. Councilman Asting said he didn't know what they're expecting and what would be considered a proper amount, and suggested they get more information. He asked if anyone in the audience was present to represent the organization and nobody spoke. Councilman Inman moved to TABLE this until the next Council meeting to find out more about it before they take further action. Councilman Asting seconded the motion. Motion CARRIED 4-0. Massey Enterprises re: annexation request denied by Planning and Zoning Board - City Clerk Martinez read the August 9th letter from John S. Massey. Councilman Asting commented that annexation of the 16 lots is compatible with the Compre- hensive Plan since it lies to the west and north direction and annexation doesn't require an expenditure of City funds at the present. He noted that because of its size it would be classified as a subdivision when it's developed and no City services would be provided until it's developed. He added that the property would be a tax base for the City and the City would control the zoning and make it compatible with neighboring zoning, but if it's not accepted by the City, it could be developed into something undesirable. He said it would be no immediate impact on the City's water supply, per the Utilities Superintendent. He added that annexation is desirable for the growth of the City and the City must grow if it's not to be swallowed up by surrounding cities. Councilman Rotundo asked if water is across 12th Street and Councilman Asting replied yes. Mayor Baugh noted there's a 6" line going down 12th Street. Councilman Rotundo noted that there's not a cost to the City and Mayor Baugh said he didn't think there would be at this time. Councilman Asting pointed out that when the property is developed the City will collect the impact fee and it will help with the expansion of the water facilities. Councilman Inman read from an excerpt of the minutes of the Planning and Zoning Board where this request was denied, and pointed out that Mr. Wadsworth had stated in his memo that water to that small number of residences would not have a large impact on the supply. Councilman Asting noted this would be voluntary annexation and as such it's up to the City when and if they could provide the necessary services that might be required if it were developed, and if it comes into the City as a subdivision, it's subject to the subdivision ordinance. Councilman Rotundo asked Jake Wheeler, Vice-Chairman of the Planning and Zoning Board, to speak to Council. Councilman Rotundo asked him why they denied it. Mr. Wheeler replied that Mr. Massey didn't want to donate anything to the water and sewer and just annex and use septic tanks. Councilman Rotundo asked if they felt it was advantageous to the City and Mr. Wheeler replied no. Mayor Baugh stated they'll have fees from hooking up the water and the taxes from the land. Mr. Wheeler asked about sewer. Mayor Baugh pointed out the Engineer said it's not feasible to hook up to the sewer system and they could use septic tanks. Mr. Wheeler noted that septic tanks are subject to the County Health Department rules, and Mayor Baugh agreed. Councilman Asting pointed out that a pig farm could be placed there and the City couldn't do anything about it. Mayor Baugh noted the 16 lots would be a buffer strip with the homes in Florida Shores. Walter Gross said when they were going to annex land for Fong he heard a Councilman say they don't need water for two years. Councilman Asting stated that Mr. Gross is misquoting him, and asked him to be seated. Mr. Gross asked him to repeat what he'd said earlier because he feels it's important. Councilman Asting stated that he'd told them it would have no immediate impact on the City's water supply per the Utilities Superintendent. Mayor Baugh asked Mr. Gross to discontinue arguing. Mr. Gross said he's not arguing and they have a water problem. Mayor Baugh stated they take their recommendations from the Utilities Superintendent. Mr. Gross asked what good the annexation would do the City except for making a fortune for the individual. Councilman Asting replied that it would be a tax base and the City would collect the impact fees when it's developed. Mr. Gross stated they have a water problem and they shouldn't make it worse. Councilman Asting moved to annex these 16 lots into the City. Motion DIED for lack of second. -4- Council Regular Meeting Minutes August 19, 1985 -. , f-J u ORDINANCES AND RESOLUTIONS Ord. 85-0-17 Establishing a Special Assessment Fund - City Attorney Alvarez read this 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 l70.AND RESOLUTIONS 85-R-2l, 85-R-25, AND 85-R-3l; CONTAINING A REPEALER PROVISION; ADVERTISEMENT; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting moved to adjourn. Councilman Inman seconded the motion. Meeting was adjourned at 8:05 P.M. Minutes submitted by: ~ lfe ~ f M> )fl,sf! tA.~ --;-' Lura Sue Koser -' ATTEST: ~~~ CITY CLERK Approved this~1ray of _~~ 198$ MAYO " . --7 1" . /-'l<.:.'( .J.<t'~t> dz;. COUNCILMAN -llONE THREE ~.;nt~ ~{~"YY1A4-<- ~CILMAN - ZONE FOUR ~ -5- Council Regular Meeting Minutes August 19, 1985