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07-01-1985 - Regular ,,' - o '-J CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 1, 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 Lieutenant William Britain Present Present Present Present INVOCATION, SALUTE TO THE FLAG Mr. Robinson, 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 requested a motion to recess the Council meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-9 Annexation of 14 acres of City owned Roberts Road property - City Attorney Alvarez read this Ordinance. ORD. 85-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, LOCATED ON THE NORTHEAST CORNER OF ROBERTS ROAD AND THE FLORIDA EAST COAST RAILROAD CONSISTING OF APPROXIMATELY 14 ACRES, PURSUANT TO SECTION 171.044, FLORIDA STATUTES, REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE, AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 85-0-10 Amending Art.II, Section 200.00 re:mini-warehouse definitions - City Attorney Alvarez read this Ordinance. ORD. 85-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, DEFINITIONS, SECTION 200.00 OF THE EDGEWATER CODE OF ORDINANCES TO INCLUDE THE SIZE REQUIRE- MENTS FOR A MINIWAREHOUSE; 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. 85-0-12 Increase in compensation for Mayor and Council - City Attorney Alvarez read this Ordinance. ORD. 85-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, AMENDING ARTICLE I, SECTION 8, SUBPARAGRAPH 2 OF THE CHARTER OF THE CITY OF EDGEWATER, BEING A PART OF CHAPTER 27532 SECTION 8 SPECIAL ACTS OF THE LEGISLATURE OF THE STATE OF FLORIDA 1951 AND CHAPTER 29040 SECTION 1 OF THE SPECIAL ACTS OF THE LEGISLATURE OF THE STATE OF FLORIDA 1953, PERTAINING TO THE FIXING OF COMPENSATION FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; 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. There were no comments from Council on these three ordinances. Mayor Baugh asked for a motion to adjourn the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh called the regular meeting back in session. Ord. 85-0-9 Annexation of 14 acres of City owned Roberts Road property - Councilman Rotundo moved to accept Ordinance 85-0-9. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-10 Amending Art.II,Section 200.00 re:mini-warehouse definitions - Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 85-0-12 Increase in compensation for Mayor and Council - Councilman Rotundo moved to adopt this Ordinance. Councilman Asting seconded the motion. Motion CARRIED 5-0. j o u APPROVAL OF MINUTES Regular Meeting of June 17, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of June 20, 1985 - Councilman Inman moved to accept the Special Meeting and Workshop of June 20, 1985. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that there was one supplemental bill from Volusia County charged to the Street Department for the labor to repair the controller and cabinet after the April 20th accident at U.S.l and Park Avenue. She added that there was no purchase order obtained at that time. Councilman Inman moved to pay this supplementary bill for $496.24. Councilman Asting seconded the motion. Councilman Asting asked if the City's collecting from the person responsible for the damage and City Clerk Martinez replied that it's being pursued. Motion CARRIED 5-0. MISCELLANEOUS None COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Councilman Rotundo stated that he'd like to form a bike path committee of volunteers such as PTA members, a Council member, and interested citizens of Edgewater, and he made that into a motion. Councilman Prater seconded the motion. Motion CARRIED 5-0. There was a discussion regarding the selection and Councilman Rotundo suggested they all try to get someone. Mayor Baugh suggested they include the Parks and Recreation Superintendent and Councilman Asting agreed he should be included. City Clerk Martinez suggested the Street Superintendent also be included. Mayor Baugh agreed it could be both and to bring it back to the next Council meeting. Councilman Inman stated that they need a replacement of the 1~",2~", and 3" hose on the unit that was involved in the brush fire and he recommended they waiver the bid procedure due to the fact that it's an emergency and safety for fire personnel is involved. He said the Fire Department will provide specifications on the hose and they can waive the process. He referred to the safety factor involved with the hose, and said the piece of equipment shouldn't be put in operation in the condition the hose is in now. He added that this will be replaced by the Fire insurance they have on that unit. Mayor Baugh asked Gary Lamb, Assistant Fire Chief, to speak to Council about this. Mr. Lamb said he called eight companies and three have the hoses they want for the truck and there are three different prices. He said Municipal Fire Equipment gave a total cost of $3,804., Downing Equipment had a total price of $4,204.,and Indiana Fire Equipment is $3,716. Mayor Baugh asked if these hoses meet specifications and Mr. Lamb replied yes. Mayor Baugh asked Mr. Lamb to state that the emergency exists as far as the Fire Depart- ment is involved. Mr. Lamb stated that if they have a structure fire they have 1,200 feet of hose and it's apt to break or seep and they don't feel the hose is safe to have on the trucks, but they have to keep it on for insurance. Mayor Baugh asked if it's an emergency and Mr. Lamb replied yes. Councilman Asting asked how long the hoses last and Mr. Lamb replied about 20 years with good care. Councilman Inman moved that they waiver the bid due to the emergency and safety for fire personnel and accept the price of $3,716. Councilman Prater seconded the motion. Mayor Baugh asked City Attorney Alvarez if he sees any problem with that and City Attorney Alvarez replied no. Motion CARRIED 5-0. Mr. Lamb stated that he could call it in the next morning and it will be back in 8 to 10 days. -2- Council Regular Meeting Minutes July 1, 1985 o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilman Inman stated that with a recruiting drive the Fire Department was able to get 15 persons volunteering for their Department and they now need bunker gear, which is the heavy coat and pants for protection when fighting a fire. He recommended they waiver the bid for that one also due to the fact that those 15 people will not be able to fight any type of fire until they get this gear, for safety reasons. Mr. Lamb pointed out that they'll save on insurance. Mayor Baugh questioned the emergency involved. Mr. Lamb said the way the insurance policy is written for the Fire Department, any person at a fire who's not in bunker gear and has an injury, the insurance doesn't have to pay. Mayor Baugh asked how many have bunker gear now and Mr. Lamb replied 23 but not all are available during the days, and they should have 40 people. Mr. Lamb said that if they have to go out for bids, it will be six months but if they can call in an order the next day, it will possibly be two months. Councilman Rotundo asked if they can get it out of their budget and Mr. Lamb replied they can have the money in the County budget. Mayor Baugh again questioned the emergency. City Clerk Martinez noted that the last delay was because of the delivery date and they can specify it be supply of the merchandise within 30 days. She added that they need the specifications and a list of companies and the ad can be in the paper in 3 or 4 days. Mr. Lamb pointed out they'll have to keep these people away until they get the gear. Councilman Asting asked if they order them by different sizes and Mr. Lamb said they have to use coat sizes. Councilman Asting asked if all the new men will stay and Mr. Lamb replied that possibly 2 or 3 won't stay. Councilman Asting asked the approximate cost and Mr. Lamb replied that it's $192. for the coat and $139. for the pants. Councilman Asting questioned if they should order all of them now and Mr. Lamb said yes, as they can use them later. Mayor Baugh pointed out that they have people to man the truck and it will take a little longer. Councilman Rotundo asked if he could call three different jobbers to get prices and advise the City Clerk. Mayor Baugh stated that it would be bypassing the bid process, and City Clerk Martinez agreed it would defeat the purchasing procedure, or if they split the order. City Clerk Martinez asked to get all the information with addresses and the City can supply the specifications with the bids to save time. Mr. Lamb agreed they'd put 30 days for delivery time. Mayor Baugh asked Councilman Inman if this would be agreeable to him and Councilman Inman replied that he can see both points of view, but they need the bunker gear and can't operate a Fire Department without it, and he moved that they go out for bids for 15 sets of bunker gear and expedite it as soon as possible. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh reviewed the list of activites planned for July 4th and said the Fire Department deserves a lot of praise for this project every year. City Attorney Reports - City Attorney Alvarez had no report for this meeting. City Clerk Reports - City Clerk Martinez stated that she'd received a request from an advisory board to supply copies of monthly department head reports and Council meeting minutes but the request has been withdrawn and they'll meet with her to let her know what they need. City Clerk Martinez stated that they need Council motion to approve or dis- approve the Interlocal Agreement regarding Volusia County's local option gas tax. Councilman Asting said the County Council already approved this and consent won't mean anything and he moved it be returned to the County Manager with no action taken by the City of Edgewater. Councilman Inman seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes July 1, 1985 o ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Clerk Reports (Continued) - City Clerk Martinez stated that at the Special Meeting of Council and the Industrial Development Board held June 25th, the Board requested a letter be sent to the New Smyrna Transit System to ask for two buses for September 21, 1985. She said the costs will be approximately $120. per bus and a Council motion is necessary to make this request official and in writing. Councilman Asting moved to authorize the expenditure of funds for that purpose. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez asked if this is to come out of the $600. and Mayor Baugh, Councilman Rotundo, and Councilman Asting agreed it should. Mayor Baugh pointed out that they'd agreed if it goes over the $600., they can come back to Council. City Clerk Martinez stated they'd received a request for a leave of absence from Frank Carignan, in the Parks and Recreation Department, and he'd like six months' leave. She noted that she is only authorized to approve up to thirty days, and if it's over that, it needs Council approval. Councilman Asting said this won't affect employing another person to fill that position and City Clerk Martinez agreed. Councilman Asting moved to grant this request. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez said the subject of placing a flag pole at Menard-May Park has come up and using City labor there's a cost of approximately $250. which is a 4 by 6 foot flag. She noted that the site plan did not include a flag pole and asked if Council wished to amend the plan. Mayor Baugh suggested they obtain a recommendation from the Parks and Recreation Board as to whether they want it and how to set it up. City Clerk Martinez pointed out they need to consider if they want it lighted 24 hours a day or who would be responsible for putting it up and taking it down. Councilman Asting suggested a Policeman could do it. Lieutenant Britain came forward and said he'd talked to the City Clerk that day regarding the subject but with his manpower there'll be times when they wouldn't be able to take it down at dark, which would be disrespect to the flag. Councilman Asting suggested as an alternative that someone from Parks and Recreation put it up and take it down. Mayor Baugh pointed out that they can leave it up 24 hours a day if they have a light on it. Lieutenant Britain stated that all the other flags have lights with timers and the light bulb would be cheaper than the manpower. Councilman Asting agreed it could go to the Parks and Recreation Board and said he brought it up when it was brought to the attention of a member of that Board. Councilman Rotundo suggested they send a letter to American Legion or VFW to see if they'd like to donate a flag pole. Mayor Baugh agreed it could be done if it's approved and he said the Elks put one at the Library. Councilman Asting moved that the matter be turned over to the Parks and Recreation Board for their recommendation as to a flag pole being installed at Menard Park. Councilman Inman seconded the motion. Motion CARRIED 5-0. Building Official re: Work load priorities - City Clerk Martinez read the June 19th memo from Dennis Fischer requesting that non-building related complaints be handled by other departments in the City. Councilman Asting stated that he doesn't go along with the last paragraph as these types of complaints have always been handled by the Building Official's Department and they should continue to do so. He added that the Police who see a vio- lation can cite people for it. He noted that Public Works will not have the time with paving and the incinerator. He suggested they wait and discuss an additional person in Dennis's department during budget workshops and see if they can afford it. Councilman Prater pointed out that if they go another way than currently, they'll have to change the ordinance regarding the Citizen Code Enforcement Board. Mayor Baugh stated that the Police Department used to handle it. Lieutenant Britain stated that the Police Department issues junk car notices and turns it over to the Citizen Code Enforcement Board if the violation isn't corrected. Mayor Baugh asked if the Police Department should have a Code Enforcement Officer and Lieutenant Britain said the Code states the Chief of Police or anyone he designates, and they as officers can enforce any ordinance of the City. Councilman Asting moved to TABLE this for a future Council meeting to discuss either during the budget workshops or to have a special meeting, and he'd prefer the budget workshops, and in the meantime the Police Department will continue what they're doing. Councilman Inman seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes July 1, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Police Department - Suggested specifications to advertise for bids for leather and weapons - City Clerk Martinez stated that they're requesting 15 units and it's a budgeted item. Councilman Inman moved to go out for bids for service revolvers and leather for the Police Department, in compliance with the labor agreement. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - Invitation to attend Opening Ceremony of Menard-May Park - City Clerk Martinez read the memo from Chairman Kirk Jones inviting Council and the public to attend the opening ceremony of Menard-May Park on July 20th at lOAM. Mayor Baugh stated that the Board is trying to get relatives of the Menards and Mays to attend also. Councilman Prater asked if they'll be stopping traffic during this ceremony and Mayor Baugh said the Police Department can work that out. Lieutenant Britain said if they're requested by the Parks and Recreation, they can block it off. Planning and Zoning Board - Vacancy on Board - City Clerk Martinez read the June 17th memo from the Planning and Zoning Board which advised that Ann Thomas had three consecutive unexcused absences and was terminated from the Board. Planning and Zoning Board - Appointment to fill vacancy - Councilman Inman moved to appoint Paul Loeffler to the Planning and Zoning Board. Councilman Rotundo seconded the motion. Mayor Baugh pointed out that his was the only application received but he'd heard of another man who's interested but hadn't submitted his application. Motion CARRIED 5-0. Planning and Zoning Board - Proposed conditions/requirements for Display/Open House ordinance - City Clerk Martinez stated that there are eleven items on the requirements and the first section covers the definitions. Mayor Baugh suggested they turn this over to the City Attorney to draw up an ordinance. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Proposed ordinance for fences, walls and hedges - City Clerk Martinez stated that the Board is recommending to Council to approve the proposal and to delete Ordinance 924 and the Building Official had asked the Board to update it. Mayor Baugh recommended they approve this and turn it over to the City Attorney to make the necessary changes. Councilman Inman moved to approve this and turn it over to the City Attorney. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Prater questioned items C & D and suggested it be specified. City Attorney Alvarez noted that he'd have to research it and go through all the suggestions so this ordinance may take a little more time. He suggested regarding Councilman Prater's comments that the fence will not encroach across the property and it's at the discretion of the owner. Councilman Prater said it could be an agreement fence. COMMUNICATIONS County of Volusia re: interlocal agreement for shared trunked radio system - Mr. Ernest Landreville, Administrative Assistant to Captain Nasser, Volusia County Emergency Management, spoke to Council regarding this agreement. He said the agreement has been circulated at the request of FCC to show a sign of interest of the different municipalites to apply for a federal grant to provide a trunked radio communications system for all the agencies in the County, and all the departments. He said they met April 1st regarding the equipment that will be available but there will be no charge or cost to any users, but a report will be required from the County as to how it's working. He said they won't have to abandon their existing communication system unless they find this is much better than what they have. Mayor Baugh noted that they'd received a copy of a letter from Bill Chappell in support of this. -5- Council Regular Meeting Minutes July 1, 1985 o (..J COMMUNICATIONS (Continued) County of Volusia re: Interlocal Agreement for shared trunked radio system - (Continued) - Councilman Inman said they can't lose anything by accepting this offer and he's aware of the urgent need for communications in case of hurricanes or fires or any emergencies. He added that he's glad to see a program such as this come before Council. Mr. Landreville noted that when they received the proposals they were thinking about hurricanes and didn't think they'd be involved in fires so quickly. Mayor Baugh asked how many organi- zations are in the running for this and Mr. Landreville said there are three jurisdictions and Oklahoma is doing a State one and there's one for the Washington, D.C. area. Mayor Baugh noted that the letter that was supposed to be attached was not in the packet and Mr. Landreville said he'd furnish it. Councilman Inman moved that they enter with the County of Volusia in regards to this Interlocal Agreement for a shared trunked radio system. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the City Clerk/Administrator sign this agreement. Councilman Inman seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 85-0-13 Amending Chapter 5, Section 5.11 of the Code re: Animals and Fowl - City Attorney Alvarez read this Ordinance. ORD. 85-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 5, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER BY ALLOWING FOR THE CAPTURE AND IMPOUNDMENT OF ANY ANIMAL RUNNING AT LARGE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Councilman Prater asked if cats are supposed to be deleted in this amendment and Mayor Baugh replied yes. Councilman Prater moved to accept Ordinance 85-0-13. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 85-R-27 Vacating sewer easement at intersection of U.S.Highway 1 and Rio Vista Drive - City Attorney Alvarez read this Resolution. RES. 85-R-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A SEWER EASEMENT AT THE INTERSECTION OF U.S. HIGHWAY 1 AND RIO VISTA DRIVE IN THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to accept Resolution 85-R-27. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 85-R-28 Appointment to Planning & zoning Board - City Attorney Alvarez read this Resolution. RES. 85-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the name of Paul Loeffler for the appointment with a term to end February 13, 1988. Councilman Asting moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. 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 Mayor Baugh asked for a motion to adjourn. Councilman Asting so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:15PM. Minutes submitted by: Lura Sue Koser ATTEST: ~d~ CITY CLERK 't;t:.-- Appr~ved this/~ Day of ir~ ::t.~ ~/ 0 ~ E i/A? -6- Council Regular Meeting Minutes July 1, 1985