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04-01-1985 - Regular (.) (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 1, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Kinsey Sergeant William Lenz Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Sal Siano of the Edgewater Alliance Church gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Special Meeting & Workshop of March 14, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of March 18, 1985 - Councilman Inman moved to accept these minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting moved to pay the bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that there was a supplemental bill from the It~ and Art Shoe Repair and in November of 1984 there was an agreement made with the Chief of Police to refurbish some radio cases and on March 27th they asked that the items be picked up and payment be made in the amount of $35.00. She noted that no purchase order was obtained for these. Councilman Inman moved to pay the supplement bill of $35.00. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS John Gross, 404 North Riverside Drive, stated that he gave Council certified copies regarding the canal and he displayed a copy of the documents that were filed in the County and said this can be verified by going to the tax collector's office which shows the boundary line for New Smyrna Beach. He stated that the canal then went along the Pickett Grant line and then both the boundary lines were the same. He then showed where the boundary lines are today, and said there's a variation of where the land lies. He told Council that the second sketch is where New Smyrna Beach boundary lies and one shows where Edgewater went 100 feet south. He stated that this should satisfy the question of where the canal was originally and New Smyrna Beach wouldn't have their boundary where it is today if the canal hadn't been there. Mayor Baugh called the three minute limit but no Council member had an objection to Mr. Gross's continuing. Mr. Gross said if Council wants anything further he'd like it there by the next meeting but they should have all the evidence they need to see they used the Pickett Grant and canal as the same boundary at that time. Tom Sheridan said he has a proposal to submit to Council for consideration and he read it as a proposal to amend the City Charter to supersede the appointed position of a Police Chief to an elected Police Commissioner and to alleviate the controversy they would elect the position as an amendment to the City Charter and the Commissioner would serve for a term of four years. Councilman Prater asked the City Attorney for comments on this proposal. City Attorney Alvarez noted that the proposal would substitute the appointed office to an elected office. An unidentified lady in the audience asked if a referendum would be required and City Attorney Alvarez replied yes, according to Chapter 165 as it would be a change in offices and the form of government if Council were to consider this matter. He said they could have a committee report on the feasibility of it. ~ u MISCELLANEOUS (Continued) Walter Gross, 909 Lake Avenue, stated that there's a strict law in Florida that gives the public a right to an open meeting including debate, motions, conferences or discussions and the public should be made aware of what's being said. He asked that each Council member be requested to speak into the microphones so everyone can hear them, and said he thinks twice as many people would come to meetings if they could hear what's being said. He said he's been coming to Council meetings for 12 years and only once has he been insulted by a Council member and he respects the Mayor and Council. Mayor Baugh asked the Council members to speak into the microphones and told Mr. Gross that he'll check on the status of the new microphones. Frank Opal, Florida Shores, said the Building Official came up with a plan for the builders and developers two weeks ago and asked how he had the authority to do something the contractors want regarding model homes. He asked why the builders and developers don't come in. Mr. Opal said a City employee visited him and wanted to know about the Safety Director because he'd heard he's being paid $300. a month, and wanted him to ask Council about it. He pointed out that $300. a month is $100. a month more than a Council member gets, and asked what the man does. He said he'd be ashamed to take the money. He said to draw up a contract and manipulate it is illegal and the IRS wouldn't like it. Mr. Opal said he's been trying to get new microphones for years and they're always going to get a new P.A. system but it's just promises. He said he never has trouble hearing at the County meetings but he can't hear conversation going on between Council. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo asked to be excused from any Council meetings held between April 24th and May 5th because he'll be out of town. No Council member expressed an objection. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Kinsey stated that Edgewater Rescue received a donation of $100.00 in memory of someone but it's made out to the Edgewater Police Department. She said it needs to be deposited in the General Fund and asked if the Council had an objection to depositing it in the General Fund and reissuing a check to Rescue. She read the letter which had the check enclosed with it. Mayor Baugh asked for a motion to deposit that and reissue a check to Edgewater Rescue. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that the Volusia County Community Development Block Grant program has requested the City's priorities for the next year if funds are available and criteria are met. Mayor Baugh noted that it's only for housing and streets and suggested they continue with streets. Councilman Inman moved to continue with the street paving and reconstruction projects. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey noted that Council authorization is needed to advertise for bids for the soil cement with the tack coat for the previously approved streets for new construction. She read the streets as: Sabal Palm from 21st to 30th Street; Needle Palm from 16th Street to Indian River Boulevard; 30th Street from Willow Oak to Silver Palm; and 22nd Street from Willow Oak to Silver Palm. Councilman Asting moved to authorize the Public Works Department to go out for bids for the work just described. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Prater asked City Clerk Kinsey to read a letter he'd received from Walter J. Smith on Orange Tree Drive which commended Council and then asked how the proposed garage sale ordinance would benefit the people. He suggested Council enforce litter laws, specifically at Roberts Road and U.s. 1 and enforce the violations by the builders and sub contractors regarding noise and litter. -2- Council Regular Meeting Minutes April 1, 1985 ) <.) <,) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Industrial Development Board - Recommendation for reappointment of Board members - City Clerk Kinsey read the February 13th memo from the Secretary to the Board in which it was recommended that the four members whose terms are due to expire April 23rd be reappointed. The members are: Caryl Middleton, Darwin Schneider, William Cichewicz, and Clarence Gnau. Industrial Development Board - Appointing Board members - Councilman Asting nominated the following people for appointment to the Industrial Development Board: Clarence Gnau, Darwin Schneider, Caryl Middleton, and Edward Siconolfi. There were no other nominations. Councilman Inman moved to accept the nomin- atons as stated by Councilman Asting. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board recommendation re: ordinance for satellite dishes - City Clerk Kinsey read the March 19th memo regarding a recommendation for the adoption of an ordinance pertaining to satellite dishes. Mayor Baugh noted that they have several sample ordinances from other cities. Councilman Asting moved that the matter be turned over to the City Attorney for the preparation of a draft ordinance for Council's consideration. Councilman Inman seconded the motion. Motion CARRIED 5-0. Building Official re: Model Home Requirements (redrafted)- City Clerk Kinsey read the March 26th memo from Dennis Fischer. Councilman Inman stated that in paragraph 3 he'd like to amend it to read "Model homes shall have no office furniture or related business equipment therein". Councilman Prater said on item 1 he'd like an addition of the word "zoned" for it to read "Model homes can be erected in residential zoned areas..." and add to item 3 the statement "Finalizing of all deals is conducted at the real estate office~ and add to item 4 that it read "Model homes may advertise the daylight working hours" of inspection...". Councilman Rotundo asked if they're considering Florida Shores as a subdivision where they're offered and Mr. Fischer replied that it's the largest area of building and the area they have the most interest in. Councilman Rotundo pointed out that there's about 5,000 lots there and he wondered if they're considering it as a new subdivision. Mr. Fischer said that's the largest area of building and it's an existing subdivision. Councilman Rotundo asked about a time limit and Mr. Fischer said they should limit the number of model homes the builder can have in the area. Councilman Rotundo asked about a time limit it can be offered as a model, and Mr. Fischer replied that he didn't have a suggestion but perhaps it could be as long as the contractor is in business. Councilman Rotundo said they shouldn't have a model home for 2 or 3 years. Mr. Fischer suggested adding to item 5 "annual renewable permit at the end of each given year for the application". Councilman Asting suggested they have an ordinance drawn up by the City Attorney. Mayor Baugh stated that the traffic still bothers him with parking in front of the home and suggested they make it "open house" for sale. Mr. Fischer agreed they could change the name from "model home" to "open house". Mayor Baugh said it's a business in the residential area and would cause a lot of tr~ffic on the street. Councilman Prater moved to change the "Model homes" to Open house". Councilman Asting seconded the motion. City Clerk Kinsey asked if they're addressing the number of open homes they may build and Mayor Baugh replied they could build as many as they can afford. Motion CARRIED 5-0. Councilman Asting moved that the attorney draw up a draft ordinance for the Council to consider, incorporating these things in Dennis Fischer's letter. Councilman Inman seconded the motion. City Attorney Alvarez asked Mr. Fischer where this would be incorporated in the Code if they were to accept it and how they're going to give builders the authority to build open homes. Mr. Fischer suggested it be in the Building Code section close to the admin- istration area, perhaps under applications. Councilman Asting noted that it would compare to speculation houses. City Attorney Alvarez stated that this request is to allow a new classification in R-l for subdivisions and this should be single family dwelling and a variation would be a new classification. Mayor Baugh stated that it would have to conform to the type of homes in the area where it's zoned. City Attorney Alvarez said it would amend R-l or the subdivision section and the procedure would be the same as to amend the zoning ordinance. -3- Council Regular Meeting Minutes April 1, 1985 Q ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Building Official re: Model Home Requirements(redrafted) - Councilman Asting suggested he amend his motion to have an ordinance for an amendment to the zoning ordinance to include open homes. City Attorney Alvarez pointed out that amendments to the zoning ordinances must come from the Planning and Zoning Board. Councilman Asting withdrew his motion and Councilman Inman withdrew his second to the motion. Councilman Asting moved to turn this over to the Planning and Zoning Board for their recommendation and submission to the City Council. Councilman Inman seconded the motion. Motion CARRIED 5-0. CouncilmanAsting pointed out that item 5.D.2. regarding the appointment of members to the Industrial Development Board that they need a resolution and he moved that the following be appointed to the Industrial Development Board and the City Attorney prepare the necessary resolution, and that would be the people nominated, Edward Siconolfi, Clarence Gnau, Caryl Middleton, and Darwin Schneider. Councilman Inman seconded the motion. Motion CARRIED 5-0. . Parks and Recreation Board re: Community Center use - City Clerk Kinsey read the March 26th memo from Mr. Kirk Jones, Chairman of the Board, in which he recommended that Mr. David Garrett be given authority to oversee the usages and exemptions of all City facilities and it also stated that the Board is working on a revised schedule of fees and schedules to be submitted to Council for approval when completed. Councilman Rotundo suggested they table this until they get the revised fee schedules and City Clerk Kinsey said she thinks in the interim the intent was for David Garrett be given the authority to oversee it. Councilman Rotundo moved that David Garrett be given authorization to oversee the use of the City facilities. Councilman Prater seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS There were no Communications for this meeting. ORDINANCES AND RESOLUTIONS Ord. 85-0-6 Providing for and regulating garage sales - City Attorney Alvarez read this Ordinance and stated that it's first reading. ORD. 85-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR GARAGE SALES; DEFINING GARAGE SALES; ESTABLISHING PERMITS, FEES, LICENSING AND INFORMATION PROCEDURES; EXCEPTIONS THERETO; AND PROVIDING A PENALTY FOR VIOLATION OF THE TERMS AND REGULATIONS OF THIS ORDINANCE; CON- TAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-7 Amending Art. VI, Sec. 19-65 re: handling of broken glass - City Attorney Alvarez read this Ordinance and stated that it's first reading. Ord. 85-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VI, SOLID WASTE DISPOSAL, SECTION 19-65, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING THAT REFUSE CONSISTING OF BROKEN GLASS SHALL BE PLACED IN A SEPARATE CONTAINER MARKED TO INDICATE THE CONTENTS THEREOF; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt Ordinance 85-0-7. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res 85-R-ll Authorizing officials to execute agreement with Brent Millikan & Co. for 1984-1985 audit - City Attorney Alvarez read this Resolution. RES. 85-R-ll - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BRENT MILLIKAN & CO., P.A., TO PERFORM SERVICES AS CITY AUDITORS TO PREPARE THE 1984-1985 AUDIT FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 85-R-ll. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes April 1, 1985 ..... . u ~ UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting moved to adjourn. Councilman Inman seconded the motion. Meeting was adjourned at 7:55 P.M. Minutes submitted by: Lura Sue Koser ....... CILMAN - ZONE 'L~^~ COUNCIL~~ ZONE T EE ~...?:7 "'7-/ )(>~~~~<- ~OUNCILMAN - ZONE FOUR ?f-UJ ~ ATTEST: ~~. R'!:-,La- CITY CLERK Approved this~day of ~II~ ~ , 1985. ~~Iit- MAYOR -5- Council Regular Meeting Minutes April 1, 1985