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06-03-1985 - Regular ~. c ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 3, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 PM in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Excused Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Sergeant William Lenz Present Present 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. APPROVAL OF MINUTES Regular Meeting of May 20, 1985 - Councilman Inman moved to accept the minutes as written for May 20, 1985. Councilman Prater seconded the motion. Motion CARRIED 4-0. Special Meeting & Workshop of May 23, 1985 - Councilman Prater moved to accept the minutes of the May 23, 1985, Special Meeting and Workshop. Councilman Inman seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay the bills. Councilman Prater seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated that the supplemental bill has a memo attached from Mr. Terry Wadsworth, Utilities Superintendent, requesting a check for $100. for the DER permit for the 12" line to be laid on Park Avenue. Councilman Inman moved to pay the supplemental bill for $100. Councilman Prater seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Walter Gross, 909 Lake Avenue, said he's hearing reports that there's a free spending period going on in the City and talk of a 4! million dollar bond issue and they're still paying for the water and sewer that are in use now. He said he agreed the City needs water but there's a big industrial project planned and it will hurt air pollution, trucks will be going back and forth, and there will be a lot of outsiders coming into the City. He stated that recently a political person came to Council and got a promise of $30,000. for a park that isn't in the City if the City Attorney would approve it but that money was saved for the City. He said they're going to spend $135,000. for paving and hire 5 people and buy equipment and materials and he feels when they come up with the total cost, an independent contractor can pave the roads for less money than it will cost the City. He said they still don't have a Police Chief and in looking at some of the applications turned in, they're going to have a serious problem in finding a good Chief. Mr. Gross said at the end of last year they had $700,000. surplus and he asked what portion is left now. City Clerk Martinez replied that she can get the information the next morning and he can call or come by City Hall. Mr. Gross expressed his concern when they have to look at the 4! million dollars and they should cut back and have more restraint. o o MISCELLANEOUS (Continued) Patrick Sweeney, 405 Charles Street, Port Orange, said he represents Schwerman Trucking Company on Flagler Avenue. He stated that they want to build a roof on top of their concrete slab to work on their trucks and equipment. He said he was told by the Building Department that it would cost $5.00 and there is no electrical or plumbing involved. He said when he brought the application back he was told there was a $75. engineering permit and that in 30 days the law will change according to the amount of land it covers. He asked if he can get a waiver of the $75. if this is going to change in 30 days. He displayed photos of the concrete pad and said it's on Tarmac's property, and it will be 4 x 4 poles and roof over- head to keep the heat and rain off them when working. Councilman Rotundo asked what the Building Official told him to do and Mr. Sweeney replied that the Fire Inspector told him he could pick up the permit for $5.00 and when he went to an independent contractor to do the work, he was told it was a $75.00 permit, and he was told the laws are changing the amount of square feet it will be covering. Mayor Baugh and City Attorney Alvarez said they were not familiar with the law he's referring to. City Clerk Martinez said she'd research this and call him with a reply the next day. George Glaze, the mechanic at the location, said when the contractor brought the papers back he said water retention and landscaping is involved, but there aren't any walls. Frank Opal, Florida Shores, asked how they can have $700,000. left over from the budget and still not have the money to buy a new sound system. He said they have money for everything else and give money away but don't have a decent sound system. He stated that he belongs to another board and they have a sound system and have no trouble with it and have had it for 10 years. He said the Parks and Recreation Board looks for land but can't get a sound system. He asked if someone can get it. City Clerk Martinez said they contacted four people who install sound systems in buildings of this type and none have called back with a quote, and they need a quote to know if they have to go for bids. Mr. Opal said they could have got a new system 10 years ago for about $300. Mayor Baugh called the 3-minute time limit and Council members did not approve his continuing. C. E. Clark, 1818 Evergreen Drive, said he's had trouble the past 7 or 8 months with cats roaming and damaging his lawn and he was told the animal control ordinance does not cover cats. He asked if they could change the ordinance to protect the property owner to keep stray cats under control. He asked that this be considered at a later date. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo said he wanted Council to con- sider a weed ordinance, especially for the Florida Shores area, so that when a vacant lot is next to a house, it would be cleared of all grass or debris to help the firefighters. Mayor Baugh noted that if the lot has been cleared, they can force them to mow it when the weeds reach a certain height. Councilman Rotundo said they have to change the ordinance or rules before they have a disaster. Councilman Rotundo and City Attorney Alvarez discussed the intent of the proposal and City Attorney Alvarez pointed out that they have a weed clearance section and if they aren't in compliance, the Citizen Code Enforcement Board can take action. Mayor Baugh questioned if they can require the people to clear virgin land. City Attorney Alvarez said it would be like maintaining a fire break. Councilman Rotundo asked that they bring the subject of the bike path back for an alternate. Mayor Baugh suggested they have another meeting on it. City Clerk Martinez stated that she sent the specifications and plans back to the City Engineer and he's coming back with a solution to this. Mayor Baugh suggested they wait until they hear from the Engineer and Councilman Rotundo agreed. -2- Council Regular Meeting Minutes June 3, 1985 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilman Inman reviewed the fire complaint discussed at the last Citizen Code Enforcement Board meeting. He noted that the fire last Saturday was about 10 blocks from his house and he saw flames 10 foot from the side of the house. He suggested they direct the City Attorney to draw up an ordinance due to the emergency nature they have that everything is dry to declare an emergency banning on outside burning and a violator who is convicted will be fined and referred to the State Attorney's office, and the person convicted of starting a fire to be assessed the cost of putting out that fire. Mayor Baugh asked if that's a motion and Councilman Inman said he moved to make an ordinance to that effect. Councilman Prater seconded the motion. Motion CARRIED 4-0. Mayor Baugh commended the Fire Department for the fantastic job in con- taining the fire to a 3-block area. Councilman Rotundo asked the Fire Department if it would be feasible if they could go next to the houses and back burn these lots. Gary Lamb, Assistant Fire Chief, said they'd have to do it from the power line back but they would have to do it in the evenings and the wind conditions would have to be right" City Attorney Alvarez asked Mr. Lamb if they can determine which areas are sensitive and dangerous in terms of fire moving on to the residential areas and he'd like to see the fire break. Mr. Lamb stated that the fire break doesn't do any good in Florida Shores because the fires aren't on the ground but up in the pine trees and it jumps blocks. He added that it would be a touchy situation. City Attorney Alvarez asked if the recommendation by Councilman Rotundo would be practical and Mr. Lamb replied that clearing all the underbrush under the pine trees would be helpful. City Attorney Alvarez asked if he could point out on a priority basis what needs to be cleared. Mr. Lamb said in Florida Shores from Silver Palm to Willow Oak is very thick and there are vines and around 28th to 29th where it would probably go to the river. City Attorney Alvarez pointed out that if there's a dangerous situation now then under the Police powers of the municipalities they can contact the owners and take action but they need the area targeted and sub- stantiate why and what makes the condition. Mr. Lamb said he'd go out the next evening and bring the information back. Mayor Baugh suggested he bring it to City Clerk Martinez and she'll see the proper people get it. Mrs. Gigi Bennington said there's an and it doesn't have to be cleared and the owners as a public health hazard. ordinance for weed and trash control the City can do the job and charge Mayor Baugh said he'd check that. City"Attorney Reports - City Attorney Alvarez asked that Attorney Charles Hall speak to Council. Attorney Hall said he represents the Estate of Frank Magnuson, the developer of Florida Shores Plaza, and in 1982 they came to the City Council and received the vacating of a portion of Alamanda Drive and rezoned a series of lots that are now in the Plaza. He said the City Council turned it over to the Planning and Zoning and held public hearings and rezoned from residential to commercial zoning. He said in 1972 the developers of Florida Shores Plaza placed a number of restrictions and reservations and restrictive covenants on all the subdivisions in Florida Shores and there are about 26 of them. He said the one regarding the Plaza is the one that it be used for residence only and the Estate plans to sell the Plaza and the buyer's attorney has raised a minor objection to the title and they want the restrictions cleared so they asked the Circuit Court to declare these restrictive covenants invalid as they pertain to the Plaza and nothing else. He asked the Council to allow the City Attorney to file an answer to the lawsuit for a 100% judgement. Mayor Baugh clarified that it is only authorization and Council Rotundo made that a motion. Councilman Inman seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez pointed out that the proposed judgement will cover only the shopping center area and will state there will be no damages or liabilities attached to the City. He asked if all the covenants are to be removed and Attorney Hall replied all of them. City Attorney Alvarez said he'll file an answer and Attorney Hall can prepare a judgement and represent to the Court that he interposes no objection on behalf of the City. -3- Council Regular Meeting Minutes June 3, 1985 u u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports (Continued) - City Attorney Alvarez stated that they received final judgement from the Court in the Jurgeson case and the City has won. He reviewed the details of this suit, and said he's very pleased with the result. He noted that they can appeal to the Fifth District Court of Appeals but he hasn't heard anything yet. City Clerk Reports - City Clerk Martinez said Vic Vandergrifft, Civil Defense Director, has requested Council authorization to designate the Community Center building as a temporary emergency shelter in the event of a disaster other than hurricane. Vic Vandergrifft stated that they discussed alternate shelters at a meeting with the County and Red Cross and the Community Center has never been designated as this. He added that they've used it for years but it's never been officially designated, and it needs to be in writing to the Director of Red Cross to provide assistance and food to the City at no cost. Councilman Prater moved to give him his request. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated that part of the telephone system at Public Works had been hit by lightning, parts of it are very old, it is rented equip- ment, and one line isn't sufficient so they got some quotations and one is to lease purchase three lines and four telephones and own the equipment at a cost of $2,990. Mayor Baugh asked if it's A T & T and City Clerk Martinez replied yes. Mayor Baugh asked if there are funds available and City Clerk Martinez replied yes. Councilman Rotundo moved to grant this request for new telephones at the Public Works Department. Councilman Inman seconded the motion. Motion CARRIED 4-0. Police Chief Selection Procedure - City Clerk Martinez stated she didn't have any luck with trying an assessment center which is headed by some North Central Florida Chiefs as this area is outside their region and they declined to assess it. She added they don't have a local Chiefs Association active in an assessment program of this nature and she was given the name of an independent consulting man's name and she talked to him briefly on the tele- phone and she can research it for costs and perhaps Council can meet with him. Mayor Baugh asked when they can meet with him and City Clerk Martinez said the man is leaving on Sunday to go up North. Mayor Baugh suggested they meet with him to see how to proceed with it and suggested Thursday at 3PM and other Council members agreed to that date and time. City Clerk Martinez asked if it would be a meeting and workshop and Mayor Baugh replied yes. Merit Board - Expiration of terms of two members Request for reappointment - Cecelia Stevens - City Clerk Martinez noted that Mrs. Stevens has asked to be reappointed. Resignation of Betty Billups-City Clerk Martinez noted that Betty Billups does not wish to be reappointed. Councilman Rotundo moved to accept the resignation of Betty Billups. Councilman Inman seconded the motion. Mayor Baugh asked that a letter be sent to her thanking her for her time because she served well. Motion CARRIED 4-0. Appointment of two members - Councilman Inman moved to reappoint Cecelia Stevens to the Merit Board. Councilman Prater seconded the motion. Motion CARRIED 4-0. Mayor Baugh suggested that between now and the next meeting they get a name for the other appointment and perhaps they can place the ad in the papers again. City Clerk Martinez asked if they want to place the ad for all the boards that was placed before and no Council member expressed an objection. Citizen Code Enforcement Board Resignation of Raymond Delarwelle - City Clerk Martinez read the resignation letter from Raymond Delarwelle. Councilman Inman moved to accept this resignation. Councilman Prater seconded the motion. Motion CARRIED 4-0. Appointment to fill vacancy - Mayor Baugh suggested they make this appointment at the next meeting. No Council member expressed an objection. -4- Council Regular Meeting Minutes June 3, 1985 Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board recommendation re: miniwarehouses - City Clerk Martinez read the May 28th memo regarding the size requirements of mini- warehouses. Councilman Rotundo moved to accept the recommendation of the Planning and Zoning Board. Councilman Inman seconded the motion. Mayor Baugh asked if they want this to go to the City Attorney for an ordinance change and Councilman Rotundo agreed as the maker of the motion. Councilman Inman agreed as the second to the motion. Motion CARRIED 4-0. COMMUNICATIONS East Volusia Mosquito Control District request to grant County a variance to place sentinel chickens on Vista Palm near 30th Street from June 1985 to November 1985 - City Clerk Martinez read the May 26th letter which requested placing the flock of four chickens on a County employee's property so that testing for encephalitis can be made periodically. Mayor Baugh suggested they let them do this. Councilman Rotundo moved to grant East Volusia Mosquito Control permission to put their chicken flocks of four chickens on Vista Palm near 30th on a temporary basis. Councilman Prater seconded the motion. Motion CARRIED 4-0. Central Florida P.E.A. (General), P.E.A.(Supervisors), and P.B.A. request to begin Labor Agreement negotiations - City Clerk Martinez said she received the three letters informing the City they'd like to begin negotiations and a negotiator needs to be named. Mayor Baugh suggested they check on figures or costs on a professional negotiator so they can enter into an agreement with him to negotiate the contracts for them. Councilman Prater asked that this be added to the agenda for Thursday's meeting. Councilman Inman suggested the City Clerk pursue this and bring it to their attention at the upcoming Special Meeting. E. A. Pilch request to vacate sewer easement at U.S.l and Rio Vista Drive - City Clerk Martinez read the May 28th letter requesting the City to vacate the sewer easement. Mayor Baugh pointed out that there's a comment from Super- intendent Wadsworth attached to Mr. Pilch's letter. Councilman Rotundo asked the City Attorney his opinion and City Attorney Alvarez replied the matter of vacating rights of way should probably go to Planning and Zoning. City Clerk Martinez noted that it's been to Planning and Zoning. Mr. Pilch, Jr. came forward to speak with Council, and said the site plan had got approval from Planning and Zoning but the right of way doesn't go down the edge but down about two-thirds and they want to retrench back to the edge of the property. Earl Wallace, Guava Drive, stated that this project was presented in 1984 and they went through the total procedure and in Phase II of the project the southeast corner has an existing manhole with a single line which supplies only Pilch Construction and they want it severed and vacated and when the project starts they'll tie directly into the street behind. Mr. Wallace said the minutes of Planning and Zoning will show it's approved and they're revising the site plan and are in the preliminary stage with Planning and Zoning now. He added that he represents this project. Mayor Baugh noted that this one line would be done away with and they'll reconnect at a different location. Mr. Wallace pointed out that this line doesn't meet today's criteria and by updating and creating a new system it's to the advantage of the City and to Pilch. City Clerk Martinez asked if they're scheduled to go to Planning and Zoning for preliminary and Mr. Wallace said they've been there twice. City Clerk Martinez asked if it's expired and Mr. Wallace replied that they're asking for revision of the site plan to pick up this easement that wasn't vacated at the time. City Attorney Alvarez suggested a memo be sent to Planning and Zoning if the Council wishes to vacate it to advise them that unless they have an objection, Council will proceed with the vacating. Mr. Wallace said they can just leave it where it is because it will be abandoned. Councilman Rotundo moved to accept this and send this to Planning and Zoning for their approval and if they approve it, Council will approve it. Councilman Prater seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez asked Mr. Wallace and Mr. Pilch, Jr. to notify his office if the legal description and copy of the abstract is correct so it can be used in the ordinance. Mayor Baugh asked for a motion to draw up the necessary papers, pending the answer from the Planning and Zoning Board. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 4-0. -5- Council Regular Meeting Minutes June 3, 1985 v ~ ORDINANCES AND RESOLUTIONS Res.85-R-22 Appointment of two members to Merit Board- Res.85-R-23 Appointment of one member to Citizen Code Enforcement Board - Mayor Baugh asked for a motion to TABLE these two resolutions until the next Council meeting for the appointments to the Boards. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 4-0. Res.85-R-24 Authorization for appropriate officials to execute agreements re: financing of paving equipment - City Attorney Alvarez read this Resolution. RES. 85-R-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER,FLORIDA, TO EXECUTE A PROMISSORY NOTE AND A SECURITY AGREEMENT IN THE AMOUNT OF $134,888.00 PAYABLE OVER A 24-MONTH PERIOD AT A FIXED RATE OF INTEREST OF 6.7% WITH SUN BANK OF VOLUSIA COUNTY; TO EXECUTE A UNIFORM COMMERCIAL CODE FORM UCC-l TO BE FILED WITH THE STATE OF FLORIDA; AND TO EXECUTE A UNIFORM COMMERCIAL CODE FORM UCC-3 TO BE FILED AS A LIEN ON THE FLORIDA CERTIFICATE OF TITLE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 85-R-24. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. City Clerk Martinez noted that she'd received a letter from the auditors and the contract had been checked and it was as submitted on the proposal and is the same. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh asked for a motion to adjourn. Councilman Inman so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 8:14 P.M. Minutes submitted by: Lura Sue Koser cCz"" ($." MAYOR ' ~Jz~ ~,,^,Jole 5,R~ CO NCILMAN - ZONE TWO ~.J/~~ ~~ COUNCILMAN - ~ONE THREE yes # ~ ~) ATTEST: ~~ d ~tj} CITY CLERK Approved this1L~ay 0 , 198~ ~ / /' /,,-2--- _ ~ --?...,4r~..-, --ev ~ -'-- L$9 NCILMAN - ZONE FOUR f~ ~ ~ ~ (S:,L. MAYOR l., -6- Council Regular Meeting Minutes June 3, 1985