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06-17-1985 - Regular I.) '\,) CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 17, 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 Sergeant William Lenz Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Zimmerman of the Edgewater Methodist Church gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of June 3, 1985 - Councilman Inman moved to approve the minutes of June 3, 1985, as written. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. Special Meeting and Workshop of June 6, 1985 - Councilman Prater moved to accept the meting of June 6, 1985. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo moved to pay the bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Inman moved to move item 6.D. Chemical People report from students up to this point in the agenda so they can attend another meeting they have this evening. Councilman Asting seconded the motion. Motion CARRIED 5-0. Chemical People - report from students who attended Pride Convention in Atlanta- Robert Christy, 1916 Evergreen Drive, said he's a representative of the Elks Club and went along with the students to Atlanta. He stated that the children were fantastic and they did everything with enthusiasm and they were the youngest group at the Convention. He said the hotel personnel told them the children would be welcome back any time because of their good behavior. He said the children want to start a club and they're going to do puppet shows in the Fall with the teacher and he's trying to raise about $1,100. from the Elks, Lions, and Rotary, and other groups, which would pay for the cost of the stage. He stated that he's District Chairman for the Elks and is involved with Cocoa, Sanford, Melbourne, and about ten other cities. Steven Negedly, a student who attended the Convention, said he learned that drugs can kill the brain cells and they can't be reproduced and also learned how to tell your friends who take drugs that it's bad for them and if you don't tell them, then you're wrong. He said the girls are thinking of making up a group and they got a lot of information while there. Dan Testerman, teacher at Faulkner Street Elementary, said the girls want to turn what was a negative influence of peer pressure into a positive influence and to help those who don't use drugs to continue to stay with their decision. He noted that this will carryover to Junior High age. He said the puppets are for elementary level students and the children have volunteered to learn puppetry and the skills and it's an excellent program. He added that Mrs. Jacobs, the Guidance Counselor at Edgewater Elementary, will meet with Guidance Counselors from other schools. He said the Convention had an excellent program and they kept them very busy. Councilman Rotundo suggested they give the students a hand and Council and members of the audience gave a hearty round of applause. ~ Q Chemical People - report from students who attended Pride Convention in Atlanta - (Continued) - James Posick, another student who attended the Convention, said he learned that people who take drugs have birth defects in their children and their sperm counts are affected. He said alcohol will close up the liver and you can't get the poison out. He added that if you smoke pot at age 12, you'll be about 75 before it's out of your system. Robert Christy said the Chemical People financed part of this. Mayor Baugh stated that he went to a program in Washington, D.C., and it was a fantast~c program. MISCELLANEOUS Frank Opal, Florida Shores, said the increase in wages for Council is outrageous and they're planning to pass it on to the citizens. He said he has a report from the Attorney General regarding municipalities changing their ordinances under the Home Rules Power and the letter was dated August 23, 1973. He added that misappropriation of unappropriated money not budgeted this fiscal year is illegal and this applies to the Safety Director who gets $300. a month. He said he also has a letter from James Davis, the City Attorney at the time, regarding Florida Statutes 166.021 which listed eight items. Mr. Opal said Council appointed an elected officer as a negotiator and named City Clerk Martinez and her secretary as negotiators, which passed 4-0 and then later Council made a motion to double their salaries. Mayor Baugh called a time limit and no Council member objected to Mr. Opal's continuing. Mr. Opal stated that the City Attorney will not contradict another City Attorney's opinion to Council and he has it in writing and it applies to Attorney Gillespie, the former Attorney. Mr. Opal stated that it's absurd for Council to consider such an increase and the City Attorney should lead them as he knows what's right or wrong. Walter Gross, 909 Lake Avenue, said if the Council continues to spend at the rate they've been doing he predicts the City will have the highest tax rate and largest debt the City has ever known and they'll be on the fringe of a takeover if this continues. He stated that he attended the Special Meeting and usually they call Special Meetings to spend money and he couldn't believe he heard four Council members appoint a wage negotiator to represent the people and they voted five minutes later to double their salaries. He said the Charter specifically states two meetings a month, the first and third Mondays, and that's what the Council is here to repre- sent, and they get $200. a month for Council members and $300. for the Mayor. He stated that the City has a very competent Administrator-Manager and she makes up a budget for Council and advises them of problems before Council meetings. He said the Council goes in and out of City Hall all day long and annoys and disrupts the employes. Councilman Asting suggested he dis- continue speaking at this time. Mayor Baugh asked City Clerk Martinez if she's being bothered by Council members and City Clerk Martinez replied that they have to get the infor- mation from her regarding Council meetings. Bill Muller, Wildwood Drive, said the raise the Council is voting on is not in line for true representation and the raise should be put on the ballot to let the people decide if they deserve the money for a part time job that requires very little effort. He said the salary is sufficient and the Council knew the salary when they were elected plus there are many benefits. He said he hopes that soon they'll have a Council who will really repre- sent the City. Mrs. Flanders, 1715 Sabal Palm, asked when Florida Shores will be paved or put speed bumps to slow down the speeders to protect the children. She said she's concerned with the tiny children on the dirt streets. She noted that they're one of the highest in the County for tax rates and millage and they're getting nothing for it. -2- Council Regular Meeting Minutes June 17, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting reviewed the paving and resur- facing procedure established to pave four streets presently. He noted that buying the equipment will save the taxpayers and they've received two thirds of the equipment now and the other one will be delivered in two weeks. He stated that getting a program started requires a lot of time. He reviewed the streets to be paved and noted that the contractor who got the contract as the lowest bidder gave 80 days as the time frame. He pointed out they'll save about $30,000. a mile with the City doing the paving and with that savings they can do more paving. Councilman Asting said within the next few days the water line installation will be complete and will increase water production by about 15% and that's the first step in the water plant expansion. He noted that they're pushing the people who will be supplying them with materials and they have to deal with State and County agencies to obtain permits to do the work. He noted that they're beginning negotiations with property owners to get land for the wellsites. Mayor Baugh stated that he received a call from John Vazquez regarding Daytona Beach Community College and Dr. Polk would like to have a meeting with Council as they'll have a branch here and want to talk to the utilities personnel also regarding water and sewer. He said he has to call him the next day to let him know and asked Council if they could meet later this week and perhaps incorporate it with other items. No Council member expressed an objection. City Attorney Reports - City Attorney Alvarez did not have a report for this meeting. City Clerk Reports - City Clerk Martinez stated that Conklin, Porter and Holmes Engineers have requested a Special Meeting with Council to give an update on the progress and she suggested Thursday at 3PM for the meeting. Mayor Baugh suggested DBCC be first on the agenda and then have Conklin, Porter and Holmes. Councilman Asting pointed out that DBCC will be another load on the water supply. City Clerk Martinez stated they need Council authorization to cut a check for the Volusia League of Municipaliteis dinner meeting in Orange City on the 27th for those who want to attend. Mayor Baugh asked for a motion to authorize cutting the check. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that the people handling the assessment center for the Police Chief applicants asked if Council's intention is to include the out of state applications for Police Chief and there are about 8 of the 34 involved. Councilman Asting said he thinks they would have to include them. Councilman Inman said if they're certified but not in Florida, the only requirement is 40 hours of law enforcement and in lieu of that he recommended they accept the applications from out of state and he made a motion to that effect. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked Mr. Walter Gross if he can hear better in the audience and Mr. Gross said yes. Mayor Baugh stated that they have new microphones and they seem to be working much better. -3- Council Regular Meeting Minutes June 17, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Fire Department - Opening of bids for Class A pumper - City Clerk Martinez certified that one bid was received and it was from Aero Products Corporation. Steve Buckner, a representative of Aero Products, said he'd spoken to the City Clerk as he's concerned that Council will reject his bid since it was the only one. He said he wants to keep the competitive bid if they're going to rebid. Mayor Baugh asked Gary Lamb, Assistant Fire Chief, if he wants it rebid and Mr. Lamb replied yes because they're not positive that's the piece of equipment they're looking for. Mayor Baugh recommended they not open the bid and readvertise for the Class A pumper. Councilman Asting so moved. Councilman Prater seconded the motion. Mayor Baugh questioned if the bid goes back to the bidder and City Attorney Alvarez said it can be returned or he can submit it pending readvertisement. Mr. Buckner asked if the specifications will be changed and said he'd like his bid to be opened and the potential for the Fire Department to review it subject to their approval and they wouldn't be locked into anything. He said his concern was that it wouldn't be thrown out because it was the only bid. Mayor Baugh pointed out that the Fire Department wants to rebid and he suggested the motion be to reject all bids at this time and readvertise for this Class A pumper. Councilman Asting accepted that in his motion and Councilman Prater agreed as the second to the motion. Councilman Rotundo asked how soon it could be rebid and City Clerk Martinez replied they'll have to check the calendar for the advertising time frame. Motion CARRIED 5-0. City Clerk Martinez returned the sealed, unopened bid to Mr. Buckner and she asked if they should return the other bid that was received too late to qualify. Mayor Baugh replied yes, and advise them it will be rebid. Police Department re: Section 5 of Code, Animal Control - City Clerk Martinez read the June 12th memo from Sergeant Lenz regarding designated authority for trapping of dogs, cats, or animals for removal or relocation. Councilman Asting moved that this matter be given to the City Attorney to reword the ordinance as necessary. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested that Sergeant Lenz meet with the City Attorney for rewording. City Engineer report on road repairs in Wildwood Subdivision, Unit III - City Clerk Martinez read the May 28th memo from Mr. Gerard Ferrara which itemized the costs for road repairs. City Clerk Martinez pointed out that there's a bond posted for Phase I but it doesn't apply to this Phase. She noted that Frank Hall, the developer, was present at the meeting when this was discussed and perhaps he could meet again with the City Engineer to see if they could come up with a solution. Councilman Asting asked if the bond is for $10,000. and City Clerk Martinez replied that it's $12,000. for Phase I and it's in the name of the paving contractor and not the developer. Councilman Rotundo said he looked at it and they're still constructing new homes in the area and the slab is below the top of the round and it wouldn't be protected from breaking again. Mayor Baugh suggested that they bring the information back to Council after the meeting. Vic Rosa, 317 Wildwood Drive, said he heard the road when put in was sub- standard and inferior and was approved by the previous City Engineer. He said if they just patch it, it will look bad and they should do the entire street if it's substandard so it won't happen again. Mayor Baugh noted that this was done prior to the subdivision ordinance. Mr. Rosa said the City is partly responsible for this and they should get together and put in a new street. He asked if Phase I is at the beginning and City Clerk Martinez replied yes. Mr. Rosa pointed out that the manhole covers are very high coming into Phase I and they have to drive carefully and it should be repaired. City Clerk Martinez said she'd bring that to the City Engineer's attention. Industrial Development Board re: Industrial Appreciation Week - City Clerk Martinez read the June 10th memo from Doris Massey, Chairman of the Board, requesting a workshop with Council to discuss this project. There was dis- cussion regarding available dates and times and Councilman Asting suggested the City Clerk contact the Board for a suitable date and then check it out with Council. -4- Council Regular Meeting Minutes June 17, 1985 o o COMMUNICATIONS Darlene Vann re: hours of work for construction workers - City Clerk Martinez read the letter received June 3, 1985, which complained about the hours of work for builders, which was disturbing to the neighborhood. City Clerk Martinez suggested this be referred to the Building Code Board. Mayor Baugh asked for a motion to refer this to the Building Code Board for their recommendation to be directed back to Council. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Florida League of Cities re: advertising in Florida Municipal Record for 59th Annual Convention issue - City Clerk Martinez read the prices to advertise, according to the size of the ad. Councilman Asting moved to go for the $68. ad. Councilman Prater seconded the motion. Motion CARRIED 5-0. Atlantic Center for the Arts - request for donation - City Clerk Martinez read the May 31st letter from Jay Urban, Administrator of Atlantic Center for the Arts, requesting a donation of $2,000. Councilman Asting said he didn't think they can make any.more donations at this time. Mayor Baugh said he spoke with the lady and they'd like Council to consider it for next year's budget and she knows the City can't do it now, but perhaps they could consider it at the budget workshops. Councilman Asting moved to TABLE this letter indefinitely. Councilman Inman seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 85-0-10 Amending Art.II,Sect. 200.00 re: miniwarehouse definition - 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 REQUIREMENTS FOR A MINIWAREHOUSE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated that this is first reading. Councilman Rotundo moved to pass this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-11 Emergency ordinance on fire ban - City Attorney Alvarez read this Ordinance. ORD. 85-0-11 - AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV, FIRE PREVENTION CODE OF THE EDGEWATER CODE OF ORDINANCES BY PROHIBITING ALL OUTSIDE BURNING AS FROM TIME TO TIME AMENDED; EXCEPTING OUTDOOR FIRE FOR COOKING PURPOSES; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR ENFORCEMENT: CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PROVIDING FOR EMERGENCY ADOPTION AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 85-0-11. Councilman Asting seconded the motion. Mayor Baugh asked that the motion include first reading and second. Councilman Prater agreed as the maker of the motion and Councilman Asting agreed as the second to the motion. Councilman Inman asked to amend the motion to add to Section 2 that it would be the Chief or Assistant Chief to have some control over the burn permits. Councilman Asting seconded the amendment. Amended motion CARRIED 5-0. Roll call on first reading of the ordinance CARRIED 5-0. Roll call on second reading of the ordinance CARRIED 5-0. Councilman Inman asked the word "Fire" be inserted with Chief or Assistance Chief. 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 SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Rotundo moved to adopt this ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes June 17, 1985 -- o o ORDINANCES AND RESOLUTIONS (Continued) Res. 85-R-22 Appointment of two members to Merit Board (Tabled from 6/3/85 Regular Meeting)- Mayor Baugh requested that this Resolution be adopted just to include the one name and he'd like to table the appointment of the other person and the appointment to the Citizen Code Enforcement Board until they get more applications from individuals within the City. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read the Resolution. RES. 85-R-22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE MERIT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH, AND PROVIDING AN EFFECTIVE DATE. He stated that the name of the appointee is Cecelia Stevens for a term to end June 7, 1988. Councilman Asting moved to appoint Cecelia Stevens. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res 85-R-23 Appointment of one member to Citizen Code Enforcement Board ~abledfrom 6/3/85 Regular Meeting)- Mayor Baugh stated that this item was tabled until they get more applications. Res. 85-R-25 Assessment roll publication for paving program - City Attorney Alvarez read this Resolution. RES. 85-R-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES 170.07, TO PUBLISH THE ASSESSMENT ROLL MADE IN ACCORDANCE WITH FLORIDA STATUTES 170.06 DECLARING ASSESSMENTS UPON ALL LANDS ABUTTING CERTAIN ROADS WITHIN THE FLORIDA SHORES SUBDIVISION FOR PAVING AND IMPROVING SAID ROADS; DESIGNATING A TIME AND PLACE FOR THE REQUIRED PUBLIC HEARING; REQUIRING NOTICE TO BE PUBLISHED AS REQUIRED BY LAW; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PRO- VIDING AN EFFECTIVE DATE. He noted that a date has to be filled in for the Public Hearing. City Clerk Martinez suggested July 15, 1985 at 7PM to allow time for notifications and advertising. City Attorney Alvarez noted that Section 2 would have the date and time inserted. Councilman Prater moved to adopt Resolution 85-R-25. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 85-R-26 Appointment of two employee members to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. RES. 85-R-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO EMPLOYEE MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR THEIR DUTIES, RIGHTS, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HERWITH, AND PROVIDING AN EFFECTIVE DATE. These appointments were for Gloria Greenwood and Charles Chamberlin. Councilman Rotundo moved to adopt this Resolution. Councilman Prater 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 requested a motion to adjourn. Councilman Asting so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes subitted by: Lura Sue Koser -6- Council Regular Meeting Minutes June 17, 1985 Note: Page -7- is signature page only. r . . . u v Signature page only for Minutes of City Council of Edgewater Regular Meeting held June 17, 1985. td~~ MAYOR ~~~ COU ILMAN ~ ONE ON~ _ ~4MJ~j" ~e~ o NCILMAN - ZO E TWO ::2u.:v\k~ COUNCILMAN (yZONE TH E ciffi~ -z<~~~_ G UNCILMAN - ZONE FOUR ~~ r ~ ~ r ATTEST: r:;:.L ~ .47J CITY CLERK Approved this ~ay of ~ll1 ,198~. kR=~ -7- Council Regular Meeting Minutes June 17, 1985