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04-15-1985 - Regular ,.. u J..) CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 15, 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 Councilman Councilman Councilman Baugh Louis Rotundo ~~~~ 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 Lawrence Tee of the Edgewater Union Church gave the invocation, There was a salute to the Flag. APPROVAL OF MINUTES Special Meeting & Workshop of March 28, 1985 - Councilman Inman moved to approve the Special Meeting and Workshop minutes of March 28th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Regular Meeting of April 1, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Special Meeting with Industrial Development Board of April 4, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that there's a supplemental bill and a memo from Fire Chief George Kennedy for payment for wrecker service and the service was done on a Saturday and due to a misunderstanding they didn't obtain a purchase order for the $25.00. Councilman Asting moved to pay this bill. Councilman Inman seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Bill Britain, Florida Shores, spoke as a representative of the Rescue squad. He stated that the new Rescue vehicle should be ready within one week and it needs to be picked up in Atlanta and the old one traded in at the time. He stated that he and his wife would volunteer to do this on their time but requested $150.00 for expenses for gasoline, emergency repairs to the old vehicle, etc. City Clerk Martinez agreed it could be added to the bills and accounts and cut a check the next day and he could bring receipts back for the expenditures. Councilman Asting moved that members of the Rescue Squad go to Atlanta to pick up the new vehicle and be authorized up to $150.00 for expenses. Councilman Inman seconded the motion. Motion CARRIED 5-0. Charles Brummett, 1412 Needle Palm, stated that he's commander of American Legion and also represents the VFW post in New Smyrna Beach. He noted that he didn't get a letter ready in time to present to Council but is requesting a donation for flags for the graves for Memorial Day. He pointed out that he received $250.00 last year and is requesting the same amount this year, and he has to get the order in soon to be sure of delivery in time for the ceremony. He added that American Legion, D.A.V., and V.F.W. also have put money into this and they'll meet the last Saturday in May at 10 AM and put the flags on graves in Edgewater and Oak Hill and other places in between, Councilman Asting moved that $250.00 be taken from the Council budget and donated to the American Legion and D.A.V. for flags. Councilman Inman seconded the motion. Motion CARRIED 5-0. u o MISCELLANEOUS (Continued) Walter Gross, 909 Lake Avenue, thanked the Mayor for the audience being able to hear most of the Council and said he hoped it continues and he'll enjoy coming to meetings. Frank Roe, 2732 Juniper Drive, presented a petition and stated there are over 1,000 people of Edgewater who signed this and he added that Mayor Baugh should feel proud that the people feel trust and support of him as Mayor and as the former Chief of Police as evidenced by this petition. He referred to the previous petitions that were presented, one ignored by the former Council except for Councilman Asting. He said he feels this petition won't be ignored by this Council in spite of the Mayor's refusal of the Police Chief's job and this is mandating the Mayor to reconsider being the Police Chief again. He said the Mayor should have the right to change his mind. Councilman Asting moved that the Council accept this petition and a week from Thursday they have a meeting to discuss and take action on it, one way or another, and he hopes Mayor Baugh will consider the offer the people have made. Councilman Inman seconded the motion. Mayor Baugh asked the City Attorney if there would be a conflict if he voted on this motion and City Attorney Alvarez replied no. Motion CARRIED 4-1. Councilman Prater voted NO. There was a discussion about the date and time for the meeting as Councilman Rotundo stated he'd be out of town on that Thursday and it was agreed to meet on Tuesday, April 23rd, at 2:30 P.M. Helen Siburn, Connecticut Avenue, asked if the names on the petition will go to Katherine Odham since they were seen taking signatures at the K-Mart from people who aren't from Edgewater. Mayor Baugh said he'll have them checked. Mrs.Siburn said it should be 51% of the voters. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater asked City Attorney Alvarez to research boat docking at Menard Park and bring it back to Council to see about eliminating the launching there. City Clerk Martinez noted that they launch from the beach there. Councilman Prater said he's referring to the minutes that reflect they'll allow them to dock there. Mayor Baugh asked City Attorney Alvarez to check that. Councilman Asting stated that they hadn't heard from Oak Hill regarding the 911 agreement so he assumed they don't want to consummate the agreement and he regretfully moved to terminate the regular and 911 dispatching agreement with Oak Hill thirty days from this date, April 15, 1985. Mayor Baugh stated that they'll have to notify the other proper authorities and agencies and Councilman Asting agreed. Councilman Prater seconded the motion. Councilman Inman questioned if the 30 days would be May 15th and Mayor Baugh agreed it was. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated that a motion to dismiss has been filed regarding the Betts' case and Council will be receiving a copy of the motion. City Clerk Reports - City Clerk Martinez stated that a Council motion is needed to cut a Volusia League of Municipalities check for the meeting on April 25th for those wanting to attend. She noted that the reservations have to be made by April 17th, but they need a motion to cut the check. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that Council needs to schedule a Special Meeting and Workshop to establish the dollar amount for amending the budget ordinance for those items not incorporated before and she suggested April 18th at 2:30 P.M. for a meeting. Council members agreed to this. City Clerk Martinez stated the Merit Board recommended that the Merit Pay Plan Ordinance 83-0-22 be amended to indicated a shorter probationary period for promoted employees only and the present time frame is 90 days. She added that a Council motion would be necessary for the City Attorney to prepare an amendment since this was adopted in ordinance form. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes April 15, 1985 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department - Opening of Bids - one standard farm tractor and sweepster - City Clerk Martinez stated that bids were received from Marion Tractor & Equipment Co., Robinson Equipment Co., Smith Feed & Seed Co., and Volusia Ford Tractor Co. She opened the bids and read the totals. Marion Tractor & Equipment Co. - no bid; Robinson Equipment Co.- $12,989.76; Smith Feed & Seed Co. - $15,128.25 first bid and $15,373.24 alternate bid; and Volusia Ford Tractor Co. - $13,000.00 for the Ford 4610 Diesel or $11,400.00 for the Model 3910 Diesel. Mayor Baugh recommended that these be turned over to the Public Works Superintendent for his recommendation. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Department - Opening of Bids - road paving equipment - City Clerk Martinez stated that bids were received from Rozier Machinery Company, Mason Equipment Company, and M. D. Moody & Sons, Inc. She opened the bids and read the totals. Rozier Machinery Company - no bid; Mason Equipment Corp.- $137,388.00 with a deduction of $2,500.00 if all three items are purchased; M. D. Moody & Sons, Inc.- Used distributor $44,024.00, new distributor $47,513.00, chip spreader $48,734.00, and pneumatic roller $30,275.00. Mayor Baugh recommended that these be turned over to Mr. Copeland for his recommendation. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Citizen Code Enforcement Board - Resignation of Robert Rosa - City Clerk Martinez read the April 2nd memo from the Secretary to the Board in which she advised that the Board accepted the resignation of Robert Rosa at their March 28th meeting. Councilman Asting moved to accept the resignation of Robert Rosa. Councilman Inman seconded the motion. Mayor Baugh asked that a letter be sent of thanks for serving on the Board. Motion CARRIED 5-0. Citizen Code Enforcement Board - Appointment to fill vacancy - Councilman Inman made a motion to appoint Roberta Moses to this Board. Councilman Asting seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS County Councilman Jack Ascherl re: proposed public acquisition of 610 acres on South Shores of Spruce Creek - Councilman Ascherl stated that he's present to speak to Council about the efforts to acquire property on Spruce Creek and to ask for moral support but not to ask for any money. He provided a map of the area for Council members' review. He stated that the property is 610 acres of beautiful land that they want to preserve. He noted that they bought some property on the North Peninsula in conjunction with the State and also purchased land in DeLeon Springs and in the southwest area they're looking at acquiring Green Springs. He noted that the Spruce Creek property is forty feet about the Creek in some areas and there are some endangered snails and brush there plus possible Indian burial grounds. He stated that they put $50,000. down and have until June 19th to come up with the money, and they need to contact several possible sources. He noted that they need about one half million dollars by June 19th and they feel the Port Authority is in the cash position to put the money in but they need a financing package in order to get the State to participate and it would be for three years except for interest. He added that they don't have any firm commitments yet, and will be talking to Port Orange and have talked to New Smyrna Beach who postponed it until after they see what else happens. He asked Council to give them the moral support for the attempts to acquire this property for preservation. He added that it's part of the growth management program for the County government. Councilman Asting suggested they postpone it for the time being. Councilman Inman stated that he feels Council should give them moral support for this worthwhile project and keep the communication door open between the County and the City as he thinks it's beneficial to the people and the State. Councilman Rotundo agreed Edgewater will help in any way they can but as far as money is concerned he'd have to look at the City's needs first and then see what they can do. -3- Council Regular Meeting Minutes April 15, 1985 o o COMMUNICATIONS (Continued) County Councilman Jack Ascherl re: proposed public acquisition of 610 acres on South Shores of Spruce Creek - (Continued) - Councilman Asting asked how many cities are involved and Councilman Ascherl said only two were most directly involved, New Smyrna Beach and Port Orange, but it's hard to separate New Smyrna Beach from Edgewater. He added that Edgewater is a part of the Southeast Volusia community and every little bit will help and they may ask for contributions later if they fall short of their goals. Councilman Asting asked if South Daytona was involved and Councilman Ascherl replied that Reid Hughes sent a letter asking for support and Edgewater, Daytona Beach, and Ormond Beach replied to his letter. He added that Ormond Beach gave Mr. Hughes moral support but made no financial commitment. He stated that the State agreed that if they participate it will be a State park. Mayor Baugh said he supports it and feels it's a worthwhile project and requested Council to leave the door open to come back and talk to them again. Mr. John Gross said to Councilman Ascherl that they have 60,000 acres and the public can't use it and asked if it's a State park if the public will benefit. Councilman Ascherl replied that was part of their request and the National Seashore Park is a Federal area but he's talking about a passive park leaving most of it in its natural state, similar to Tomoka State Park. Mayor Baugh again stated that he supports him and thinks the rest of Council does also. Chris & Linda Walsh request to build sun deck extending over City property - City Clerk Martinez read the April 2nd letter requesting permission to build a sun deck which would extend four feet into a pond. Councilman Prater asked if this is on the Walsh's property and Mayor Baugh replied no. Councilman Prater asked who would be responsible if a child fell from the sun deck into the pond and drowned. Mayor Baugh pointed out that if they approve this for the Walsh's they'll have other requests since a lot of property abuts the lakes and it will set a precedent. Councilman Rotundo moved to deny the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Dollar General Store request to have sidewalk sale for grand opening April 24,25,26, and 27, 1985 - Mayor Baugh noted this is for the grand opening of the store. City Clerk Martinez pointed out that there is no provlslon in the Code for this type of arrangement and Council authorization is needed for a special request. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Shuffleboard Club request for donation for advertising in annual publication City Clerk Martinez noted that a rough sketch of the ad was submitted and the cost is $75.00 for a one-half page advertisement. She pointed out that they previously paid for this themselves but the new ad incorporates all the activities involved in that area and includes other City facilities besides shuffleboard. Councilman Asting moved to deny the request because they would be setting a precedent if they grant it. Councilman Inman seconded the motion. Motion CARRIED 5-0. Chemical People request for donation to send representatives to Drug Pre- vention Seminar in Atlanta, Ga. - City Clerk Martinez read the April 9th letter from Gigi Bennington, President of The Chemical People of Southeast Volusia which requested a donation of $500.00 to send representatives to Atlanta. Councilman Asting asked how long the trip has been in the planning stages and Mrs. Bennington replied about two months and they selected the children about two weeks ago and got hotel reservations and registrations this last week. She noted that the children will have a dinner with Nancy Reagan while there and Mayor Baugh went to Washington last year. She added that the total expenses are approximately $3,200. Councilman Asting asked if they're financing the entire trip and Mrs. Bennington said the Chemical People get money from donations from the Elks and New Smyrna Beach will be asked and from fund raisers. Councilman Inman asked how the children were selected and Mrs. Bennington replied that they had a panel and went through applications. She noted the ages were 11 and 12. Councilman Inman pointed out the attention span of younger children but he'd seen a copy of the agenda. Mrs. Bennington stated that they didn't want to ask for money until every- thing was finalized and they have nothing to do with scheduling of the seminar. -4- Council Regular Meeting Minutes April 15, 1985 ~ - ~ o o COMMUNICATIONS (Continued) Chemical People request for donation to send representatives to Drug Pre- vention Seminar in Atlanta, Ga. (Continued) - Councilman Asting asked which adults will be going and Mrs. Bennington replied it will be Mrs. Jacobs of the Guidance Department of Edgewater Elementary, Mrs. Wolcott who is a past PTA President, a 2nd grade teacher from Faulkner Elementary, and Mrs. Negedly who is a mother from Edgewater. Councilman Inman asked if they,have signed releases for obligation and Mrs. Bennington replied yes. Mayor Baugh noted that the group went to Washington last year and it was an excellent program. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. John Gross re: Gabordy Canal - Mr. Gross stated that he has certified surveys related to the canal and has the government documents showing that in 1849 the canal was straight and he wants to make sure he supplied everything that was requested. Mr. Gross presented the sealed survey to the Mayor. Mayor Baugh asked Mr. Gross if he'd drawn the red lines in on the survey and Mr. Gross replied that it was done by Dan Cory. Mayor Baugh asked City Attorney Alvarez if he wanted to make a recommendation to Council regarding the next step for Mr. Gross or Council. City Attorney Alvarez stated that Council went on record stating that Council has no objection to the relocation of the canal approximately 100 feet south so that the canal runs concurrent with the south line of the Pickett Grant which is New Smyrna Beach's south boundary and the boundaries would then be coinciding. He added that conditions put out by Council was if the canal has shifted and Mr. Gross provided facts and written proof by hydrologists or engineers and the degrees for the location. He said the north end of the canal is proposed to be the south line of the Pickett Grant and has a bearing of 740 east. He noted that a motion would be necessary going on record that Edgewater doesn't object to relocation and stabilization of the canal to prevent the recurrence in the future, providing he gets the necessary permits from the federal and state agencies and any work will be at Mr. Gross's cost and not to the City. Councilman Asting said it would be to the original position. Councilman Rotundo made that a motion. Mayor Baugh said the motion is to allow him to proceed. Councilman Inman seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 85-R-12 Appointments of four members to Industrial Development Board - City Attorney Alvarez read this Resolution. RES. 85-R-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING INDUSTRIAL DEVELOPMENT BOARD MEMBERS CLARENCE GNAU, CARYL MIDDLETON, AND DARWIN SCHNEIDER; AND APPOINTING EDWARD SICONOLFI TO THE INDUSTRIAL DEVELOPMENT BOARD: PROVIDING FOR THE TERMS OF OFFICE; PROVIDING FOR DUTIES, RIGHTS AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-13 Appointment of one member to Citizen Code Enforcement Board - City Attorney Alvarez read this Resolution. RES. 85-R-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HERWITH, AND PROVIDING AN EFFECTIVE DATE. He read the name of Roberta Moses as the appointee with a term to end May 18, 1986. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 85-R-14 Appointment of resident member to City's Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. RES. 85-R-14 - A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh stated that Reverend Hardin has served in this position since it was established and has agreed to another two-year term if Council wishes to reappoint him. Councilman Asting moved to reappoint Reverend Hardin for the two-year term. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read the section inserting the name of Reverend Hardin. Mayor Baugh said they need a motion on the resolution. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes April 15, 1985 -, ~ (J ORDINANCES AND RESOLUTIONS (Continued) Res. 85-R-15 Appointment of resident member to City's Board of Trustees of Police Retirement Plan-Mayor Baugh stated that Reverend Canova had served on this board since its establishment but he's moved out of the City and will no longer be able to serve and he recommended Reverend Lawrence Tee serve on that Board if Council wishes it. Councilman Asting moved to appoint Reverend Tee to the Board of Trustees of the Police Department Retirement Plan. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read this Resolution. RES. 85-R-15 - A RESOLUTION APPOINTING ONE MEMBER TO THE B~ARD OF TRUSTEES OF THE CITY OF FDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE: PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILI~T.ES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH ANu PROVIDING AN EFFECTIVE.DATR. Councilman Asting moven co adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Discussion of draft ordinance for satellite dishes - City Attorney Alvarez stated that this draft sets forth the items in the memo from the Planning and Zoning Board and attached to it is "Additional Regulations for consideration by City Council" in case they want to add any of these. Councilman Asting said the draft is all right for the ordinance but regarding the additions he feels they're going too strong at it and this would infringe upon the rights of the people since they don't require these things with standard antennas and they shouldn't require applications and fees and permits. He suggested that paragraph 4 and 7 be as stated and that paragraph 10 should read "Stations when roof mounted or on towers and similar forms of structural support shall be subject to all structural requirements of the electrical code and building code." He suggested that paragraph 3 read "Stations shall be ground or roof mounted and shall be installed by a licensed electrician". He pointed out that these dish antennas are becoming smaller and less heavy and asked Council to consider his suggestions. Councilman Inman moved to TABLE this ordinance 85-0- to their Special Meeting on Thursday. Councilman Asting seconded the motion. City Attorney Alvarez pointed out that it can be on Thursday's agenda for further discussion but not for first reading. Councilman Inman agreed it's for discussion for input for the City Attorney to write the ordinance. Councilman Asting stated the four suggestions will be typed up and put in each Council member's boxes to consider for the next meeting on Thursday. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 8:35 P.M. Minutes submitted by: Lura Sue Koser LL ~ # ~....L.~ .-...\ - CITY CLERK tJ:J..- Y Approved this~day o~ ~~ (i/H8~ MAYOR l. CILMAN - ZON WO '71.-c~v}iL-{) C;;ir COUNCILMAN - 'ZONE THREE .; -h~d~ ~~/~H- ~CILMAN - ZONE FOUR r ~ i~: ATTEST: ty-h -6- Council Regular Meeting Minutes April 15, 1985