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02-18-1985 - Regular o u CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 18, 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 Odom, pastor of the Edgewater Baptist Church, gave the invocation. There was a salute to the flag. Mayor Baugh asked for 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. PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: Ord. 85-0-2 Rezoning property on Lincoln Road from R-l to R-2 - City Attorney Alvarez read this Ordinance and stated that it's second and final reading. ORD. 85-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF LOTS 5, 6, 7, 8, AND 9, BLOCK 2, RESUB IN RIVER EDGE ACRES LOCATED ON LINCOLN ROAD WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER,FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF R-l TO R-2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE AMENDED TO REFLECT THIS CHANGE IN ZONING; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input. There were no comments from the audience. Mayor Baugh asked for a motion to adjourn the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for a motion to go back into the Regular Meeting. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Rotundo moved to accept Ordinance 85-0-2. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of February 4, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of February 7, 1985 - Councilman Prater moved to accept the minutes of February 7, 1985. Councilman Asting seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo asked about the bill for $1,227. to Dick Cook's Garage and City Clerk Kinsey said it was for repair and painting of four Police vehicles. Councilman Inman moved to pay the bills and accounts. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Frank Opal, Florida Shores, spoke on the City's purchasing of land on Roberts Road in Edgewater Country Estates for $55,000. He said he didn't know why they need recreation property there when they aren't going to annex for a long time. He stated that the problem is water and sewer and the $55,000. the City is going to spend on swamp land could be used for the water plant. He referred to the best location for water as being west of the City near 1-95, and said the water expansion will probably cost at least one million dollars. Mayor Baugh called the time limit of three minutes. o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo said the Federal Government is planning to cut the revenue sharing money and this money is for fire trucks, Police cars, and computers and they'll have to come up with another fund source and he suggested the citizens write to the State Congressme'n and Representatives to vote against passing this bill. He then moved that they send a letter to that effect to the State Congressmen and State Representatives. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting said he viewed the resurfacing of some streets in the County and they were using a method of putting a tack coat down, gravel on that, and then another tack coat and then fine gravel on top, and rolled this down. He stated that this was done at Cory Estates at the entrance and he recommended that Council observe this method by the County the next morning so they can see the equipment and the finished results. He pointed out that it's a very inexpensive way and they can use it for streets already paved,or for new con- struction they can use the soil cement base and put the tack coat on and then proceed with this method. He suggested they might be able to get the County to do the work at a cost of a little over $5,000.00 a mile which compares to $40,000.00 a mile from the asphalt companies. Councilman Prater asked the size of stone and Councilman Asting replied that it's one half inch to three quarters inch and then the final one is about one fourth to three eighths inch and it's rolled into the tack coat. Councilman Inman stated that for the month of January the Rescue group made a total of 45 runs, treated 36 patients, had out hours of 19 hours with total manhours of 57, and they responded to 3 outside of the City limits calls. He added that the unit is doing a very good job and he congratulated them. Mayor Baugh noted that the Rescue Building was dedicated at the Rotary meeting and the keys were turned over to the Rescue personnel and he was happy to see it and to participate in it. Councilman Asting moved the City should send a letter to the Rotary Club thanking them for the building they constructed and donated to the City without cost. Councilman Prater seconded the motion. Mr. Bill Britain, from the audience, noted that they're going to have an Open House and Appreciation Day on March 24th and perhaps that would be an appropri- ate time to present this. Councilman Asting reviewed for the public that the building has an estimated value of about $37,000. and it was paid for with Rotary funds and Rotary labor was put in it and it didn't cost the City a cent and is a nice addition to City property. Mayor Baugh suggested it be a proc- lamation rather than a letter. Councilman Asting did not object as the maker of the motion and Councilman Prater agreed as the second to the motion. Motion CARRIED 5-0. Mayor Baugh stated that the Rotary Club would like to use tables and chairs from the Fire Department or Community Center on March 16th at the Consumer Discount Warehouse. He said the Rotary will pick them up and return them and will be responsible for them. He asked if any Council member objected to this and no one expressed an objection. Mr. George Kennedy, Fire Chief in the audience, said he didn't object to their using the tables. City Attorney Reports - City Attorney Alvarez had no report at this meeting. City Clerk Reports - City Clerk Kinsey stated that Tom Sheridan has requested a monthly contract fee of $300. for the Safety Director's duties with his hours not to exceed 16 hours a week. She said that Council action will be necessary if Council wishes to have the City Attorney prepare a hold harmless contract for the position. Councilman Asting asked if they have the funds and City Clerk Kinsey replied that it could be split between every department in the City. Councilman Rotundo noted that this was a recommendation of the Merit Board. Mayor Baugh stated that they asked Tom Sheridan to be Safety Director and he's submitted a resume which speaks for itself and he'd be an asset to the City and he recommended they appoint him as Safety Director at $300. a month. -2- Council Regular Meeting Minutes February 18, 1985 ~ Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTTEES (Continued) City Clerk Reports (Continued) - Councilman Inman pointed out that they were going to get an opinion as to whether there is a conflict with these duties and serving on the Parks and Recreation Board. City Attorney Alvarez said he understood he was to request an opinion from Tallahassee but he can serve until he receives the opinion. He said the two agencies involved are the Commission on Ethics and the Attorney General's office and sometimes it takes several weeks for a reply or they request additional information. He noted that he'll have to add to his request the compensation if Council agrees to it. Councilman Asting suggested he could resign from the Parks and Recre- ation Board. Councilman Rotundo asked Mr. Sheridan to come to the podium and then asked if they were to appoint him and then got an opinion from Tallahassee that he couldn't serve on both, would he resign from the Board. Mr. Sheridan replied that it would depend on whether he had someone trained he could pass the job on to, and he would train someone for short periods of time. Mr. Sheridan added that he wouldn't want to resign as Vice-Chairman of Parks and Recreation but he would probably do it because he wrote the Safety Program and he can teach what he writes. Councilman Asting asked if he thinks of this position as temporary until he trains someone and Mr. Sheridan replied that he doesn't intend to keep the position permanently but he wants to see the program put into effect and the City get the benefits from it. He pointed out that he's retired but took the job because it needed done. Mayor Baugh asked if he'd keep it until he trains someone and Mr. Sheridan replied yes. Councilman Rotundo moved to accept Tom Sheridan as the Safety Director for the City of Edgewater, compensated at $300. per month as a part-time worker with no benefits. Councilman Prater seconded the motion. Mayor Baugh suggested that Councilman Rotundo include that the City Attorney is to draw up the contract for Tom Sheridan for his services the same as the engineers. City Clerk Kinsey clarified that he wouldn't be a City employee, just a con- tracted person. Councilman Rotundo agreed to include that in his motion. Councilman Prater agreed as the second to the motion. Motion CARRIED 5-0. City Attorney Alvarez questioned if he's a contracted service and City Clerk Kinsey said it's a professional service contract. City Clerk Kinsey stated that Karen Rickelman is requesting permission to attend the 43rd annual City Clerk/Finance Officers' Seminar in Tampa from March 31st to April 3rd at a total cost of $301. plus mileage when she returns. She added that they've been attending the last three or four years and it's budgeted in the Finance and Administration budget. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that there's a request for a mobile occupational license for a Charter Service and a memo from the Deputy City Clerk. The gentleman requesting the license was not in the audience, and Mayor Baugh recommended that this be TABLED until Mr. Bollinger can be present to speak to Council. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that Mr. Terry Wadsworth has requested the City formally request their name be withdrawn from the Small Communities Grant Application because the time and financial guidelines make it impossible for the City to comply. She added that if their name is removed they can go back on the list later, and chances were very slim for this grant. Mayor Baugh asked if this is just for this year and if they can be placed back on the list for 1986. City Clerk Kinsey replied that this is for the current year. Councilman Asting moved to withdraw now and go back on the 1986 list. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Engineer reply re: streets in Wildwood - City Clerk Kinsey stated that they got a letter from Mr. Ferrara regarding the condition of Wildwood streets and the next step would be to schedule a Special Meeting and Workshop with developer Frank Hall to review the condition in Phases II andlII and make a determination as to responsibility for these streets. Mayor Baugh asked City Clerk Kinsey to get in touch with Frank Hall to see when he can meet with them and then schedule a meeting with at least two days' notice. No Council member expressed an objection to this. -3- Council Regular Meeting Minutes February 18, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Fire Department - request to expend over $2,000. to reroof Fire Station #1 - City Clerk Kinsey read the February 13th memo from Fire Chief George Kennedy in which he requested authorization to reroof Fire Station #1 at a cost of $2,667. Councilman Rotundo asked if the lowest bidder is insured and Mr. Kennedy replied yes. Councilman Rotundo moved to accept the bid for $2,667. for reroofing Fire Station No.1. Councilman Inman seconded the motion. Mayor Baugh asked if funds are available and Mr. Kennedy replied yes. Motion CARRIED 5-0. Fire Department - request for members to attend school - City Clerk Kinsey read the February 13th memo from Fire Chief George Kennedy. Councilman Rotundo asked if money is in the budget and Mr. Kennedy replied yes. Mayor Baugh asked the approximate cost. Mr. Kennedy said it would be $40. to $43. a night for two to a room and $50. each for the school, and he has 12 showing an interest. He added that it's an excellent school and shows them how to use the Hurst tool to save lives. City Clerk Kinsey pointed out that the State allows $20. a day for meals and the City doesn't have a guideline. Mr. Kennedy stated that they have the funds and they can take it from the County account in part. Councilman Inman calculated the costs to be approxiamtely $1,325.70 if 12 people attend. Councilman Asting moved to authorize the Fire Department to send up to 12 members to the school as requested. Councilman Inman seconded the motion. Motion CARRIED 5-0. Parks and Recreation Department - opening of bids for Menard-May Park Project - City Clerk Kinsey certified that bids were received from Triangle Construction and Remodeling, Inc. and from Sheban Enterprises. She opened the bids and read the totals of $140,000.00 from Triangle and $125,000. from Sheban. Mayor Baugh recommended these be turned over to David Garrett to check them and bring the recommendation back to Council at the next meeting. Councilman Rotundo asked if they have an estimate from the engineer and City Clerk Kinsey said she can ask for it. Councilman Rotundo moved to turn this over to the Parks and Recre- ation Director with all the details pertaining to these bids and get his recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS John C. Gross re: The Strand; construction of two-story house east of Riverside Drive; and boundary line between New Smyrna Beach and Edgewater - Mayor Baugh questioned why this was at the Council table as it should have gone to the Building Official or to have legalities determined on the two-story building. Mr. Gross said he's withdrawing the two story building. Mr. Gross said he talked to Council about a year and a half ago and it was agreed they would consider vacating the Strand if Mr. Lee and Mrs. Hance would give them title to Riverside Drive for an easement for utilities on the west side. He said that was agreed to and he spent $6,400. on surveys and legal work and then they asked for a right of way for the street on both sides and it became a problem. He stated that Mr. Ferrara indicated it would only be necessary to have a sidewalk on the east side of Riverside and in order to give the City an easement for utilities on the west side, he suggested that Council consider a ten foot right of way on the east side. He stated that Mrs. Hance is asking $15,000. for 125 foot of property and he'll give the City the street right of way east of Riverside Drive. He said the City has the deeds from Mr. Lee and Mrs. Hance and he doesn't know the legal aspects but he heard they didn't have to file a deed after they vacated the street. He asked Council since Mr. Ferrara indicated a ten foot right of way would be sufficient, if they agreed, he'd try to buy the property from Mrs. Hance, otherwise there would be a problem with properties there. Mr. Gross stated that he had information that Edgewater infringes on New Smyrna Beach because of the canal that was moved. He said he can move the canal back where it used to be and Edgewater could get about one and one half to two million dollars worth of luxury type homes. Mayor Baugh stated that they're not going to move the canal. Mr. Gross said he'd gone to other agencies and they have no objections to his moving the canal because at low tide it's wiping out marine life. Mayor Baugh asked for the recommendation from the City Engineer and Mr. Gross said they have to straighten out a boundary line and it will cost nothing. City Clerk Kinsey noted the letter from the City Engineer refers to the 50 foot street. Mayor Baugh agreed that Riverside has to be 50 foot. Mr. Gross said he talked with him about three weeks ago. Mayor Baugh said they need to see something in writing regarding that. -4- Council Regular Meeting Minutes February 18, 1985 o o COMMUNICATIONS (Continued) John C. Gross re: The Strand; construction of two-story house east of Riverside Drive; and boundary line between New Smyrna Beach and Edgewater (Continued) - Mayor Baugh asked Mr. Gross what he wants the Council to do and Mr. Gross said he wants the Council to work on the premise that the State will let him move the canal and put it back where it was. He showed the Mayor a sketch of where the canal is and Mayor Baugh noted that it wasn't distinguisable as to location on that map. Mr. Gross said he needs the authority before he starts with the other agencies and New Smyrna Beach is waiting to see what Edgewater does. Mayor Baugh asked City Attorney Alvarez his thoughts and City Attorney Alvarez pointed out that Mr. Gross contends the City limits are in the wrong place but the only evidence is the two copies of something. Mr. Gross suggested he read the Charter and New Smyrna Beach's Charter. City Attorney Alvarez noted that this came before the Council earlier and Mr. Gross was directed to contact New Smyrna Beach and the State and Federal agencies and then come back if everyone is in agreement and then the Council would look at it. He asked what difference it would make if the City limits are in the wrong location and said if he could build there it might be economically feasible for the City. Mr. Gross asked City Attorney Alvarez if he's telling them to leave the boundaries where they are and City Attorney Alvarez replied that he's not telling them that. Mr. Gross said he can't get anythng from the State until the City does something. He then showed Mayor Baugh some surveys and City Attorney Alvarez pointed out that it doesn't show the City limits or the canal and doesn't have a seal or signature. Mr. Gross suggested they read the Charter and New Smyrna Beach's Charter because they tell where the canal should be. City Attorney Alvarez stated that he's not putting a monkey on this Council's back. Mr. Gross said he's sick of being pushed around and the Charter says the south side of the Gabordy Canal which is 100 foot north, and the City Attorney should tell them if the south side is where the boundary should be. Mr. Gross suggested they table this until the next meeting and find out where he boundary is and added that he has a stamped survey. Mayor Baugh asked if the boundary is on the north side and Mr. Gross replied that it's on the south side. Mayor Baugh asked who pays the taxes on that and Mr. Gross replied he pays it but he protested to the State because they're charging it to Edgewater. He added that he has a letter from the tax assessor that the Cities should work it out together or take it to court and he suggested they move the canal south 100 feet to satisfy everything. Mayor Baugh asked who moved the canal and Mr. Gross said it was straight and then they dumped garbage in it. Mayor Baugh said it appears that New Smyrna Beach's boundary is infringing on Edgewater's boundary. Mr. Gross said they're waiting to see what Edgewater wants to do. Mayor Baugh suggested the City Attorney get with New Smyrna Beach's City Attorney and find out where the boundaries are, and stated that they're going to stand by what the Cities determine. Mayor Baugh requested a motion to have the City Attorney contact New Smyrna Beach's City Atorney to find out where the boundaries are. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Petition re: use of City owned property at Umbrella Tree and 15th - City Clerk Kinsey read the petition which requested that the City owned property be made into a park for all ages rather than just for a basketball court. City Clerk Kinsey pointed out that the proposed plan for this park is a half basketball court and park benches and small children's recreational equipment such as swings and teeter totters. Mr. Paul Walls, Umbrella Tree, said he lives less than two blocks from this and wasn't aware of the petition until tonight. He said the neighborhood is full of children and they play in the fields and streets and if they don't build this park, it would be a disservice to the children of all ages, and he has no objection to it's being in his area. Mayor Baugh said he thinks there was a misunderstanding and it's for all ages and not just a basketball court. He suggested that the residents meet with Kirk Jones of the Parks and Recreation Board and he'll explain what they're going to put there and the type of facilities there. -5- Council Regular Meeting Minutes February 18, 1985 " .., .- o o COMMUNICATIONS (Continued) Petition re: use of City owned property at Umbrella Tree and l5th(Continued) Mrs. Sue Norman, Umbrella Tree, said she understood they want more facilities for the elderly and she'd talked to people in her neighborhood and none were asked to sign the petition. She said she thought they 'want to put shuffle- board facilities there but there are only four lots. She noted that most of the elderly have cars to go to other areas where they have facilities but the children have to walk or ride their bicycles to a park. Mayor Baugh stated that it will be for all the people. Mrs. Norman noted that the Rotary Club is donating playground equipment for the children. Mayor Baugh stated that there will be benches. Councilman Prater noted that they want to do as much as possible to suit the environment of the people there. Councilman Asting asked the space for a half basketball court and Mr. Sheridan, from the audience, replied that it's about 40 by 40. Councilman Asting noted that it would be about 160 by 120 so there should be enough room for the half basketball court and equipment for the young children. Mr. Sheridan said the intention is to isolate the courts to one side and have benches and playground equipment. Councilman Asting suggested the Parks and Recreation Board submit a plan showing the location of the various equipment. Mr. Sheridan said they'll submit the plan to Council as soon as it's ready. Mayor Baugh suggested they turn the petition over to Kirk Jones. ORDINANCES AND RESOLUTIONS Ord. 85-0-5 Management Salary and Benefit Plan - City Attorney Alvarez read this Ordinance. 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. Councilman Asting moved to adopt this Ordinance. 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 Councilman Asting moved to adjourn. Councilman Prater seconded the motion. Meeting was adjourned at 9:25 P.M. Minutes submitted by: Lura Sue Koser f"' ~ ~ ~ ATTEST: ~~ CITY CLERK Approved thiS~ay of Yn.. CJ..NA , 198 5. ~ 7u~f?UG COUNCILMAN - ZONE T~EE ~/~~ L:/tOUNCILMAN - ZONE FOUR ~ V- ~l /tLl r:1 MAYOR -6- Council Regular Meeting Minutes February 18, 1985