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03-04-1985 - Regular ~ v CITY COUNCIL OF EDGEWATER . REGULAR MEETING MARCH 4, 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 Lawrence Tee, pastor of the Edgewater Union Church, gave the invo- cation. There was a salute to the flag. PUBLIC HEARING - SECOND AND FINAL READING 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. Mayor Baugh opened the Public Hearing. Ord. 85-0-5 Management Salary and Benefit Plan - City Attorney Alvarez read this Ordinance and stated that it is second and final reading. ORD. 85-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A MANAGEMENT SALARY AND BENEFIT PLAN FOR THE CITY CLERK, DEPARTMENT HEADS, AND OTHER MANAGERIAL OR CONFIDENTIAL EMPLOYEES OF THE CITY OF EDGEWATER; PROVIDING FOR MINIMUM SALARIES TO BE ESTABLISHED BY RESOLUTION; PROVIDING FOR BENEFITS, TERMS AND CONDITIONS OF EMPLOYMENT; CON- TAINING 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. Councilman Prater moved to close the Public Hearing. Councilman Asting seconded the motion. Councilman Inman moved to amend Ordinance 85-0-5, Section 1, to change it to read the salary for the City Clerk/Administrator to be $24,000.00 per year. Councilman Rotundo seconded the amendment. Motion to close the Public Hearing CARRIED 5-0. Motion to amend Ordinance 85-0-5 CARRIED 5-0. Councilman Rotundo moved to pass Ordinance 85-0-5. Councilman Asting seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting and Workshop of February 14, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Regular Meeting of February 18, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Councilman Inman stated that on page 3, the last paragraph, it reads "Phase II and Phase II" and it should read "Phase II and Phase III" and he moved to adopt the minutes as amended. Councilman Prater seconded the motion. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. City Clerk Kinsey stated that she made the correction on the original minutes. Special Meeting and Workshop of February 21, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay the bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o MISCELLANEOUS John Gross stated that he'd asked to be on the agenda for tonight's meeting. He displayed a copy of a letter that was given to all of the Council and Mr. Ferrara, requesting to be on the agenda. After discussion, City Clerk Kinsey clarified that the correspondence was received on February 28th and the agenda cutoff date was February 27th at noon. Mayor Baugh asked Council members if they objected to hearing Mr. Gross and no Council member expressed an objection. Mr. Gross stated that he brought the letter prior to the 28th and the letter suggests that Edgewater vacate the property north of the Pickett Grant and east of Riverside Drive. He asked if anyone objected to that. City Attorney Alvarez pointed out that the letter in question was written by John Gross and not by the City of New Smyrna Beach. City Attorney Alvarez stated that he's discussing the matter with Margaret Brewer, City Attorney for New Smyrna Beach, and he'll have a report to Council. He suggested that this matter be taken up at a Special Meeting. Mr. Gross asked a time frame because he'd asked that the matter be expedited and the City has all the documents. Mayor Baugh said he's willing to discuss the request at a meeting on Wednesday and City Attorney Alvarez again noted that he's in discussions with New Smyrna Beach's City Attorney and would prefer to conclude the discussions and then bring it to Council for a solution to the matter that will be acceptable to everyone. Mayor Baugh advised Mr. Gross that there will be a meeting shortly and he'll be advised when it's set. Mr. Gross stated that he's contacted D.N.R. Mayor Baugh suggested he bring all his information to the meeting. Mr. Gross said they're laying out the street on 10th Street and going over the deeds to straighten out the lines, but he's taking care of all the legal aspects. Frank Opal, Florida Shores, asked about the status of the Jurgeson trial as he'd seen on television about two weeks ago something about it. He then said on February 8th as a rumor at the post office he learned that another suit was settled against the City, that of Detective McEver who won the suit of about $30,000. to $50,000. and $800. a month. He asked why the public isn't notified. He stated that Mrs. Andree at 405 Adele Street has been trying to contact the Mayor about junk cars and was referred to the Building Official who left his office before 4:00. He said he asked the lady why she'd called him and was told that nobody would do anything for her. He asked the Mayor to see the lady. City Attorney Alvarez stated that the judge has not yet ruled on the Jurgeson case and the McEver case was handled by the insurance company and not through his office. Mr. Opal asked why the Attorney and the people didn't know about it. Elizabeth Taylor, Hardin Place, asked why trucks drive on Riverside Drive. Mayor Baugh said he got a call that afternoon regarding it also and referred them to Sergeant Lenz because there's a load limit there, and they're supposed to use the street closest to the site. Mrs. Taylor stated that they aren't doing that. Sergeant Lenz said the contractors were advised this afternoon to use the nearest direct route from U.S. 1 to Riverside Drive. Virginia McCleary, 204 South Park Place, stated that some of the neighbors are getting up a petition to object to the rezoning of East Park Avenue. Mayor Baugh pointed out that the item is later on the agenda and asked if any Council member objected to her speaking at that time. No Council member expressed an objection. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting moved that the members of the Garden Club be given a letter of appreciation for beautifying the Chamber of Commerce sign at the north City boundary, on behalf of the Council. Councilman Prater seconded the motion. Motion CARRIED 5-0 Councilman Asting stated that he'd talked to the Chairman of the County Council that afternoon and was advised that the personnel and resurfacing equipment for the County has been scheduled for two years in advance. He suggested they look into purchasing the equipment and the City forces do the resurfacing. -2- Council Regular Meeting Minutes March 4, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilman Asting reviewed the four pieces of equipment that would be needed - a chip spreader; a nine-wheel rubber tired self-propelled pneumatic compactor; a snub-nosed 1500 gallon oil distributing truck; and a front end road sweeping kit for one of the tractors. He noted that the City would save a lot of money if they purchase the equipment and do the work with City forces and he moved that they authorize the Public Works Department to go out on bids for the chip spreader, the 9-wheel rubber tired self-propelled pneumatic compactor, a snub-nosed 1500 gallon oil distributing truck, and the kit for scraping roads that would be adaptable to one of the tractors. Councilman Rotundo seconded the motion. Councilman Prater asked if this would be new or used equipment and Councilman Asting suggested they find out the costs for new equipment but he'd be in favor of good used equipment but there's always a risk with used. Motion CARRIED 5-0. Mayor Baugh noted for the audience that this type of resurfacing was recently done at Cory Estates, and the City is trying to get the best they can for the money. Councilman Inman stated that Sergeant Lenz had met with Mike Lary of New Smyrna Beach regarding the hiring and promotional procedures and they have guidelines which Sergeant Lenz feels could be adaptable to our City. Councilman Inman stated that the County donated recording equipment that will tie in with the 911 emergency system and someone will check the equipment and offer the City either a maintenance agreement or will stipulate how much a service call will be. He added that he'd told Sergeant Lenz to weigh both factors because sometimes it's cheaper to just call in for service. Councilman Inman stated that they have three new vehicles which are sub- compacts and it's difficult to put a cage and seat in the back to transport apprehended people but Sergeant Lenz has found a source for a cage and a plastic seat and he's trying to get some competitive prices on the seats. Councilman Inman stated that the Police Department has established procedures for the removal of abandoned and junked vehicles and they've forwarded these procedures to the Code Enforcement Board for action. Mayor Baugh stated that he'd like to have a meeting this Wednesday, the 6th, at 2:00 P.M. with the Attorney to discuss several items with him. Councilman Asting stated that he'd talked with County Council Chairman Jack Ascherl and the meeting with Tom McClelland of County Public Works will take place even though they can't help us but perhaps they could answer some questions and give some suggestions. Council members agreed to meeting at 2:00 P.M. on Wednesday, March 6th. City Attorney Alvarez noted that he has a hearing that morning but should be finished by that time and asked the topics to be discussed. Mayor Baugh replied that he'd give him a list. Mayor Baugh read a proclamation for Cystic Fibrosis Breath of Life Bikeathon Day to be held Saturday, March 9th, and presented it to Mr. Larry Perkins. Mr. Perkins advised that Jennifer Montgomery had planned to be in the audience but was ill that day. Mr. Perkins reviewed the many benefits of the bikeathon. Mayor Baugh asked the route for the bikes and Mr. Perkins said it will start at the Fire Station on Mango Tree and go down Mango Tree to 16th Street to Juniper where REACT will have a station and then turn around and go back to the Fire Station. He pointed out that it's all paved and he invited everyone to come to be there. City Attorney Reports - City Attorney Alvarez stated that there are several items of litigation, as well as John Gross's matter and the purchase of the 14 acres of land south of the City which will need Council action and he'd like to get some direction from Council at a Special Meeting. He pointed out that he's waiting on a decision on the Caldwell case and the motion was filed by the defendant for a rehearing, but when he gets the decision he'd like to meet with Council. -3- Council Regular Meeting Minutes March 4, 1985 o ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Kinsey stated that she received a letter from Volusia Council of Governments requesting a technical and citizen appointment to the Areawide Water Quality Management Program. She said the last appointments were in 1981 and they were Terry Wadsworth and Sebastian Siciliano. She pointed out that it was late notice and there is a meeting scheduled March 11th and suggested Council might wish to reappoint Terry Wadsworth. Mayor Baugh asked for a motion to appoint Terry Wadsworth to this Board. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked the Council members to be considering a name for a citizen appointment to be on the next agenda. Deputy City Clerk re: application for new business at 105 South Ridgewood Avenue - City Clerk Kinsey read the February 26th memo from Mrs. Susan Wadsworth regarding a request for an occupational license at 105 South Ridgewood Avenue. Mrs. Wadsworth had brought this to Council's attention due to the question on parking in this area. City Clerk Kinsey noted that a temporary license was issued to Mrs. Stewart because she had already advertised for an opening of the business but they were made aware that it was subject to Council's approval or disapproval. Mr. William Cichewicz, the landlord of the property, came forward to speak to Council and said he was representing Mrs. Stewart. Councilman Rotundo questioned how they could rectify the parking problem. Mr. Cichewicz asked why it was brought to Council and if Council normally answers parking problems. He then stated that it belongs to Planning and Zoning. He added that the last time he appeared before Council the City Attorney mentioned that Council is a legislative body and the items weren't under the jurisdiction of Council but should go to the Board. There was a discussion about who issues the occupational licenses, and Councilman Rotundo pointed out that when there's a question, then it comes to Council for a decision. Mr. Cichewicz said he understood only questions such as for restaurants, bars and liquor licenses or home occupations came to Council, and again stated that this properly belongs before the Planning and Zoning Board. There was a dis- cussion between City Attorney Alvarez and Mr. Cichewicz regarding the previous comments made when Mr. Cichewicz addressed Council on another matter. City Attorney Alvarez stated that it was an alleged violation of the City's Code before and it belonged to the Code Enforcement Board, and he asked if there's a violation in this case. Mr. Cichewicz replied no, but he thinks it goes to Planning and Zoning. City AttDrney Alvarez pointed out the Council reviewed the Park Avenue situation when there was a restaurant parking problem. Mr. Cichewicz asked City Clerk Kinsey when this was put on the agenda and City Clerk Kinsey replied that it was prior to the closing deadline. Councilman Rotundo asked how Planning and Zoning can rectify it and Mr. Cichewicz said it's according to the Code. Mr. Cichewicz again suggested this go to Planning and Zoning for their comments regarding parking and then come back to Council. Councilman Rotundo pointed out that they're using the building in the meantime and Mr. Cichewicz said it's unoccupied now. Councilman Inman noted that there's a "for rent" sign in the building and could be occupied at any time, and Mr. Cichewicz said he might rent it for storage. Councilman Inman stated that could compound the problem and they have to have the parking spaces. . Mayor Baugh reviewed the required parking spaces for the numbered buildings on the sketch attached to the memo, and said it needs 23 parking spaces and there are only 13 because the 14th can't be used. Mr. Cichewicz stated that the building is unoccupied so they can't make a determination. Councilman Asting stated that the Council is the governing body and any personnel in the administrative staff who have questions can come to Council for a decision. Mr. Cichewicz said he questioned this coming to Council because of the statements made by the City Attorney earlier. Councilman Rotundo said they're aware the site has a problem but it's been there for years and he moved that they grant this license. Motion DIED for lack of second. Councilman Asting agreed there's a parking problem but he feels they could find parking even if it's across U.S.l. Mr. Cichewicz said in the past it went to Planning and Zoning Board for making justification for what the Code required. Councilman Asting said he sees no reason for this because they can't create any more parking places. Mr. Cichewicz stated that he's not asking them to create the spaces but to go by the Code and assign parking places. -4- Council Regular Meeting Minutes March 4, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Deputy City Clerk re: application for new business at 105 S.Ridgewood Ave. (Continued) - Councilman Rotundo pointed out that the woman has put a lot of money in remodelling this. Councilman Asting moved to TABLE this matter until a future date. Councilman Prater seconded the motion. Mayor Baugh questioned if they want Mrs. Stewart there when it's discussed again since the temporary license is only for one week or ten days. Councilman Asting withdrew his motion. Councilman Prater withdrew his second to the motion. Councilman Asting moved that this temporary license be extended until the date of the next Council meeting, March 18th. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Dept.- opening of bids for refuse truck - City Clerk Kinsey certified that bids were received from Industrial Refuse Sales, Inc.; Bennett Truck Equipment, Inc.; and Truxmore Industries, Inc. She opened the bids and read the totals: Industrial Refuse Sales, Inc. - no bid; Bennett Truck Equip- ment, Inc. - $45,991. for Pak-Mor GMC and $48,327. for Pak-Mor H24; Truxmore Industries, Inc. - $52,150. with an alternate bid of $50,823. Councilman Asting moved to turn the bids over to the Public Works Department for them to recommend to the Council the vehicle that meets their specifications. Councilman Inman seconded the motion. Motion CARRIED 5-0. Utilities Dept. - request to expend over $2,000. at Water Plant - City Clerk Kinsey read the February 25th memo from Terry Wadsworth in which he requested approval to spend $2,332.06 for expenses involved in converting the chlorin- ation system at the Water Plant. Councilman Asting moved to approve this request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks & Recreation Board request for Planning & Zoning Board interaction re: land for recreational purposes - City Clerk Kinsey read the February 19th memo from Board Chairman Kirk Jones in which he requested that Planning and Zoning provide their Board with information concerning property suitable for recreational areas. Councilman Asting moved that this matter be referred to the Planning and Zoning Board and that they furnish the information requested. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting suggested that a joint meeting be set up between the two boards to discuss the matter. Planning and Zoning Board recommendation on rezoning a portion of East Park Avenue from R-3 to B-3 - City Clerk Kinsey read the February 12th memo from the Planning and Zoning Board in which it was recommended that the entire area from Ridgewood Avenue to Riverside Drive on Park Avenue be rezoned to B-3. Mrs. McCleary stated that some of the neighbors in the two blocks south of Park Avenue and some on U.S.l are joining in signing a petition to oppose the rezoning of East Park Avenue. She said they feel it will detract from the residential neighborhood and they have over 25 people who have signed the petition already. She noted that it will bring a lot more traffic and they already have large trucks using the streets and the streets are very narrow. Councilman Asting asked if those people signing the petition own property abutting the proposed rezoning and Mrs. McCleary said she didn't know, but most are further South as she is. Councilman Prater said he was questioning if this is for the people's best interest or to increase the sale value of a certain piece of property. Mr. Donnie Williams came forward and said he's not trying to increase the value of the property and he's owned it for five years and it costs him nothing to keep it. He stated that there other businesses and non-residential activities on the street now and they'll have to make a decision if they'll have spot zoning to continue what they're doing or rezone the entire street or leave it like it is. He noted that on Sunday mornings you can't find a parking place there because of church services, even if you live there, and they're parking on residential lots and some businesses are operating on residential lots. He added that there are only four residences on the street and they have spot zoning for those. He said the recommendation of the Planning and Zoning Board is correct and the people who live there have a right to be heard but those people living a block away won't be affected by it. He added that if they rezone it to business those people presently living there won't be thrown out of their houses and will use them as resi- dences as long as they wish. -5- Council Regular Meeting Minutes March 4, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board recommendation on rezoning a portion of East Park Avenue from R-3 to B-3 - Councilman Inman asked Mr. Williams if he's aware that the parking on Sunday mornings is on residential lots owned by the church. Mr. Williams replied that's beside the point since it's zoned residential and is being used for parking lots. Councilman Inman agreed he's got a point if he considers using a house for Sunday School services as resi- dential. Mr. Williams said he's not complaining about it but they're not complying with existing zoning, and the parking problem is just Sunday mornings and evenings and Wedneday evenings, but not during the days. Mr. Williams added that there are other problems such as sirens and water from the tower. Councilman Inman read from the Code section regarding B-3 Highway Service District. Mr. Williams said he selected B-3 zoning because the Planning and Zoning Board thought it was appropriate but if there's better zoning for it, that will be fine. Mrs. Sedgwick,113 East Pine Bluff, said she thinks everyone on East Pine Bluff has signed the petition and there's a great deal of objection. She noted that there is a plaza at the end of their street which could be rented. Mrs. Alice Murphy, Riverside Drive, said once they bring businesses in, there's a domino effect and she hates to see Riverside Drive go to business, and Park. She added that everyone can have an argument that they have a nuisance next door. Mrs. Kirn, 115 Palm Way, asked how far back from the highway the business zoning is and Mayor Baugh replied that he thinks it's 200 feet. She noted that there's a plaza on the corner which will bring traffic down their street as well as Pine Bluff and there' already a lot of traffic. She expressed her concern that this will grow and she knows the homes there will eventually be lost but she'd like to enjoy it while she's there. Councilman Prater moved to leave it as is at the present time. Councilman Inman seconded the motion. Motion CARRIED 5-0. Industrial Development Board request for clarification of Board's goals - City Clerk Kinsey read the February 18th memo from Mr. John Vazquez, Vice Chairman of the Board, in which he requested Council's direction and guidance as to what their common goal should be. Mayor Baugh suggested they meet with the Industrial Development Board to discuss their ideas and Council's ideas. Councilman Prater suggested they meet on the date of the Board's regular meeting. Mayor Baugh suggested they be contacted to see if their April meeting would be agreeable to meet with Council. Councilman Asting suggested that in the meantime they be guided by Resolution 79-R-39 which created the Industrial Development Board. COMMUNICATIONS New Smyrna Beach Senior High School Social Studies Dept. request for donation for students to participate in government seminars at Washington, D.C. - Mr. Alex Thompson, Social Studies teacher from the Senior High School, reviewed the Close Up Program, and stated the cost per student to go to Washington, D.C. from April 28th to May 4th is $700.00. He stated that they are requesting donations from the various businesses and companies and from New Smyrna Beach and Edgewater to establish a fund to take these students. He pointed out that there is also a Close Up project for the State in Tallahassee also. He stated that a student will probably get more education from the hands on participation than from a whole semester of sitting in a classroom. He said some of the students will be going on local field trips to local governments of the cities and the County. Mayor Baugh asked how they select the students and Mr. Thompson said it's by application and need and they've received three applications this year. Councilman Asting asked how many cities are participating and Mr. Thompson replied that all 50 states are involved and they have students from each city and he's covering the local area. Councilman Asting moved that they provide funds to support one student. Mayor Baugh noted that $2,225. is in Council promotions. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mr. Thompson thanked the Council for their decision and support. -6- Council Regular Meeting Minutes March 4, 1985 '-t 'to . 'p COMMUNICATIONS (Continued) Southeast Bank request for temporary permit to store present building east of new building on property - City Clerk Kinsey read the February 19th letter from Mr. Walter Sikes, Vice President of the Bank. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked when the new bank will be open and Mr. Sikes said April 15th is the tentative date with a grand opening of May 1st. Mr. Sikes thanked the Council for their decision on his request. Edgewater Union Church request for churches of Edgewater to use Menard Park for Easter Sunrise Service - City Clerk Kinsey read the February 22nd letter from Reverend Tee requesting use of Menard Park on Sunday, April 7th at 6:30 A.M. for thirty to forty minutes. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Councilman Rotundo expressed his concern about possible construction going on there at that time. Mayor Baugh asked if there would be parking there and Reverend Tee replied yes. Councilman Asting suggested that the Police Department be there that morning to control traffic and parking of vehicles. Sergeant Leng said he'll make the arrangements. Motion CARRIED 5-0. Ponce De Leon Port Authority Interlocal Agreement re: Riverfront Park & Pier Grant - City Clerk Kinsey read the February 27th memos written by her and by David Garrett, Recreational Director. Councilman Asting asked if there's a guarantee that the Port Authority will pay the money this year and City Clerk Kinsey said they have an agreement which needs to be signed by the Mayor if Council authorizes it and if Council wants to appropriate the funds. Councilman Rotundo moved to accept this proposal. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated they'll incorporate this in the budget amendment. ORDINANCE AND RESOLUTIONS City Attorney Alvarez stated that the City Clerk had requested an agreement for Tom Sheridan as Safety Director but he has only received a verbal opinion regarding a conflict. He noted that no conflict was found and Council can by motion direct the City Clerk to prepare a simple agreement retroactive to whatever date and it won't have to come back to Council. Councilman Rotundo moved to take his recommendation. Councilman Asting 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 Councilman Prater moved to adjourn. Councilman Asting seconded the motion. Meeting was adjourned at 8:47 P.M. Minutes submitted by: Lura Sue Koser r ~ (f ~ ~ ATTEST: ....... ~ CITY CLERK s2~7/ Approved thi 8 day of"'f)1/'M rP,,- -7- Council Regular Meeting Minutes March 4, 1985