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01-07-1985 - Regular , ~ ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 7, 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 Police Chief Douglas Betts Present Present Present Present INVOCATION, SALUTE TO THE FLAG There was a silent invocation and the salute to the flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Mayor Baugh suggested a motion to recess the regular meeting and open the public hearings. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 84-0-30 Amending Chapter 19, Art. I, Sec. 19-1 and Sec. 19-13 re: Utility billing - City Attorney Alvarez read this Ordinance. ORD. 84-0-30 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19, ARTICLE I, SEC. 19-1 AND SEC. 19-13 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE SERVICE CHARGE FOR WATER AND SEWER SERVICES; PROVIDING THAT THE DEPOSIT AND BILL FOR UTILITY SERVICES SHALL BE IN THE PROPERTY OWNER'S NAME; PROVIDING FOR NO DEPOSIT REFUND CHECK FOR LESS THAN $1.00; REDUCING THE TIME FOR TERMINATION OF SERVICE FOR NON-PAYMENT OF BILL; PROVIDING THAT SERVICE WILL NOT BE DISCONTINUED FOR A DELINQUENT BILL OF LESS THAN $5.00; CONTAINING 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 or from Council members. Ord. 84-0-32 Rezoning Corbitt Smith property from B-3 to 1-2 - City Attorney Alvarez read this Ordinance. ORD. 84-0-32 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF A PORTION OF PROPERTY LOCATED ON MARION STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF, LYING WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING OF B-3 TO 1-2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE AMENDED TO REFLECT THIS CHANGE IN ZONING; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh expressed his concern that this 1-2 zoning could present a noise problem to those people living in the new apartment complex. Councilman Rotundo asked who requested this rezoning and Mayor Baugh replied that when they rezoned the City they got a portion of that rezoned and they want to change it back to 1-2. Mayor Baugh again expressed his concern about a buffer between the two zones and said that Mr. Corbitt Smith requested this be changed back. Ord. 84-0-33 Amending Sec. 9.5-56 re: stormwater management - City Attorney Alvarez read this Ordinance. ORD. 84-0-33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, SECTION 9.5-56 OF THE CODE OF ORDINANCES BY REDEFINING CERTAIN EXISTING EXEMPTIONS; DELETING CERTAIN EXEMPTIONS AND ADDING CERTAIN EXEMPTIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience or from Council members. Ord. 84-0-34 Deleting Sec. 606.05, B-6 from Code - City Attorney Alvarez read this Ordinance. ORD. 84-0-34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DELETING SECTION 606.05, B-6 MEDICAL-PROFESSIONAL DISTRICT, IN ITS ENTIRETY FROM THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING 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 or from Council members. ~ o Q PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: (Continued) Ord. 84-0-35 Amending Chapter 19, Art. VI, Sec. 19-63 re: utility billing (garbage and trash) - City Attorney Alvarez read this Ordinance. ORD. 84-0-35- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19, ARTICLE VI, SEC. 19-63 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE NUMBER OF DAYS FROM 45 TO 30 FOR TERMINATION OF SERVICE FOR NON-PAYMENT OF BILL; CONTAINING A REPEALER PROVISION; A SEVERA- BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience or from Council members. Ord. 84-0-36 Amending Art. VII, Sec. 715.02 Site Plan Approval- City Attorney Alvarez read this Ordinance. ORD. 84-0-36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 715.02, SITE PLAN APPROVAL,OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING THE PRESENT REQUIREMENTS AND SUBSTITUTING THEREFOR A SITE PLAN REVIEW APPLICATION INFORMATION SHEET; CONTAINING 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 or from Council members. Ord. 84-0-37 Amending Appendix B, Art. IX (ll)(d)(e)re: Recreational funds - City Attorney Alvarez read this Ordinance. ORD. 84-0-37 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX B, ARTICLE IX (ll)(d)(e), DESIGN STANDARDS, PUBLIC SITES AND OPEN SPACES, FORMULA FOR FEES IN LIEU OF LAND CONVEYANCE, USE OF FEES, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, PROVIDING THAT FUNDS ACCUMULATED AND USE OF FEES SHALL INCLUDE RECREATIONAL EQUIPMENT, FACILITIES, AND LAND IMPROVEMENTS AS DESIGNATED BY THE CITY COUNCIL; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE AS REQUIRED BY LAW; CONTAINING 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 or from Council members. Mayor Baugh asked for a motion to close the Public Hearing. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh called the regular meeting back to order. Ord. 84-0-30 Amending Chapter 19, Art. I, Sec. 19-1 and Sec. 19-13 re:Utility billing - Councilman Rotundo moved to accept this ordinance, 84-0-30. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 84-0-32 Rezoning Corbitt Smith property from B-3 to 1-2 - Councilman Asting moved to adopt the ordinance. Councilman Inman seconded the motion. Councilman Rotundo asked if they can include the buffer if there's a commercial or industrial built there. Mayor Baugh said they have to provide a buffer but it's just a fence or planting buffer usually. Mr. Corbitt Smith came forward to speak to Council, at the request of Mayor Baugh. Mayor Baugh asked him if he could put some type of buffer up to help with the noise that close to the apartments. Mr. Smith said he'll go with the Building Department's requirements and perhaps a fence could be installed as that helps with the noise. Mr. Smith added that they also have to be a certain distance from the property line. Motion CARRIED 5-0. Ord. 84-0-33 Amending Sec. 9.5.-56 re: stormwater management - Councilman Asting moved to adopt the ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 84-0-34 Deleting Sec. 606.05, B-6 from Code - Councilman Inman moved to accept Ordinance 84-0-34. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 84-0-35 Amending Chapter 19, Art. VI, Sec. 19-63 re: Utility billing (garbage and trash) - Councilman Inman moved to adopt Ordinance 84-0-35. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 84-0-36 Amending Art.VII, Sec. 715.02 Site Plan Approval - Councilman Prater moved to adopt Ordinance 84-0-36. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 84-0-37 Amending Appendix B, Art. IX(ll)(d)(e) re: Recreational funds - Councilman Asting moved to adopt the ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes January 7, 1985 ~ ~ Q APPROVAL OF MINUTES Regular Meeting of December 17, 1984 - Councilman Inman moved to accept the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence from that meeting. BILLS AND ACCOUNTS Councilman Rotundo moved to accept these bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Robert H. Christy, 1916 Evergreen Drive, referred to a letter from Dan Holahan that he'd requested on December 3rd and the Mayor had told him it was under investigation of the State's Attorney. Mr. Christy stated that on September 4, 1984, the State's Attorney released that information. He distributed copies of the information for Council and the press. He referred to his' past harrassment and humiliation because of these letters that he felt should have been made available to him when he was Mayor. He spoke on the allegations in the letters regarding Mr. Cameron and Mr. Opal. Mr. Christy said the denial of public records to him was an offense and the violation is subject to removal or impeachment from office. He said he was libelled and his civil rights invaded and he's been made the laughingstock many times. He suggested that Mayor Baugh resign. Jack Spencer, former Council member, asked that Council grant the request of Parks and Recreation to use the four City lots for recreational purposes since the City has such limited recreational facilities and the population is growing at such a fast pace. He also requested that they grant the purchase of the land at the south end of the City and noted that there is over $100,000.00 in the recreational impact fee fund for that purpose. He also said he thinks it would be a considerable benefit to th~,children if fluoridated water is provided. He noted that he'd talked to a local dentist regarding this and he recommended that Council consider this carefully. Walter Gross, 909 Lake Avenue, again asked Council if there's anything in the Charter covering the hiring that Council completed and noted that he'd asked for a legal reply and was told he'd have an answer at this meeting. Mayor Baugh pointed out that the response to his request at the last meeting was that they'd take it under advisement. Mr. Gross referred to the former Council taking the duties away from the City Clerk and this Council giving them back, plus the former Council took the Chief off probation and now he's back on pro- bation by this Council. He noted that the Chief will have been evaluated by ..ten people. Mayor Baugh pointed out that the three-minute limit was up and asked Council members if they wished to allow him to continue speaking. No Council member expressed an objection. Mr. Gross continued that he'd never heard of anyone being evaluated by ten people, and he feels this is double jeopardy relating to the Chief and the hiring of the other person. Councilman Prater noted that this Council has not done any hiring, but reinstated. Councilman Inman suggested he not put two questions at one time, and he read from his dictionary the definition of an administrator. Councilman Inman then recalled the different resolutions which assigned City Clerk Kinsey the duties of Finance and Administration Di~ector and then repealed them and then reinstated the duties. He added that anyone familiar with management knows the head of an organization has to delegate authority with the understanding that after the project is completed, it's to be reviewed by the manager. He then said the issue should be closed. Frank Opal, Florida Shores, said in regard to the letter from Dan Holahan, there was only one letter he knows about and it was unsigned and undated. He stated that on December 20, 1983, he talked with the State's Attorney and all he had was the one letter and they cast it aside. He asked what happened to those two letters. Mayor Baugh stated that he only had one letter. Mr. Opal said these visits and innuendos regarding his accepting money are wrong as he didn't need the money and there's no such thing as two letters. -3- Council Regular Meeting Minutes January 7, 1985 ~ o MISCELLANEOUS (Continued) Bret Teitelbaum, a Police Department employee, asked about the contract for Police Benevolent Association. City Clerk Kinsey noted that the contract came in too late for the agenda but it will be brought up under the City Clerk Reports later on the agenda. Phil Britain, Knapp Avenue, stated that he'd walked along the sidewalk and there was trash along the streets and sidewalks that need to be cleaned up and suggested a clean-up campaign for the City. Mayor Baugh pointed out that later on the agenda is the request to purchase a new trash truck which should help the situation. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Inman requested a Special Meeting and Work- shop within the next week with all department heads to receive their input on problems they might have and he suggesteditbe coordinated by the City Clerk. Mayor Baugh asked if he wanted to incorporate the Management ,Pay Plan at that time and Councilman Inman agreed with that. Council members agreed with that addition and to a time of 2:00 PM on Friday, January 11th and times for the department heads to be scheduled one-half hour apart. City Attorney Alvarez asked if there were any legal implications that would require his presence and Councilman Asting suggested he be present. Councilman Inman moved that the City Clerk coordinate this meeting and Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh said he received an invitation from Mr. Roy Schleicher, the new County Council representative, to meet with him and asked if any Councilman had an objection to this meeting. He added that he'll report back to Council. No Council member expressed an objection. City Attorney Reports - City Attorney Alvarez stated that Council received a copy of a cover letter and memo from him regarding the paving assessment liens and asked Council if they had questions on this. Mayor Baugh said they'll look it over and call him if they have any questions. City Clerk Reports - City Clerk Kinsey stated that they received the letter and the contract from the Police Benevolent Association and if Council wishes to approve the agreement, a motion would be necessary to approve the agreement, subject to the City Attorney's review for legality since he didn't receive it until this date. Councilman Asting moved to approve the contract subject to legal review by the City Attorney. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said the auditors had received the paving assessment account and suggested the Council authorize the paving assessments of under $1.00, debit or credit, be written off. She noted that each Councilman had received a printout and the ranges were from I cent to 56 cents on 17 accounts with an end result of debits and credits of 89 cents. Councilman Asting moved to authorize the auditors to write off the accounts just mentioned. Councilman Prater seconded the motion. Motion CARRIED 5-0. Rescue - Recommendation on bid for vehicle - City Clerk Kinsey read the letter from Mrs. Frances Olds, President of the Edgewater Rescue Unit which recommended the bid from First Response, Inc. be accepted. Councilman Rotundo moved to accept this bid and the recommendation from Rescue. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked Mrs. Olds the date of delivery and Mrs. Olds replied it would be about 45 days. Civil Defense - Request to reinstate salary of director (Tabled 12/17/84) Councilman Inman asked Mr. Vandergrifft, Civil Defense Director, about the breakdown submitted and the amount of gas used. He asked if the gas was for his personal vehicle or the generator. Mr. Vandergrifft replied that it's for his personal vehicle. Councilman Inman noted that he calculated on a 13-gallon tank that he got 3.07 miles per gallon on the one item and 4.23 miles per gallon in July, and asked the model of his vehicle. Mr. Vander- grifft replied that it's a Toyota. Councilman Asting suggested that for the trips for City business that he get reimbursed from petty cash. City Clerk Kinsey agreed that could be done if Council authorized it. -4- Council Regular Meeting Minutes January 7, 1985 Q u COUNCIL~FFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Civil Defense - Request to reinstate salary of director (Tabled 12/17/84) (Continued) Councilman Rotundo moved to reimburse Mr. Vandergrifft $100.00 per month for the rest of the year. Councilman Prater seconded the motion. Councilman Asting asked if the $100.00 would include the gas for the official trips for the City business and Councilman Rotundo agreed it would. Councilman Inman said if there is power outage, he wants the generator to be operational instead of having to use walkie-talkies to communicate with law enforcement officers out in the field. He suggested the generator be hooked up to the power line to the Police Department for power outages. Mayor Baugh pointed out that presently the large yellow generator controls the Police Department and he'd like to see it changeable from one generator to the other in case one fails. Mr. Vandergrifft said they're in the process now to see what it will cost to have a jumper from one generator to the other and that will eliminate this problem. Councilman Inman asked how often the generators are started and Mr. Vandergrifft said he starts it about four times a week and he thinks John Schaub starts it every day. Mayor Baugh asked where the money would come from since this wasn't budgeted. City Clerk Kinsey replied that they can incorporate it in the budget amendment when it's done. Motion CARRIED 5-0. City Clerk Kinsey asked the effective date and Councilman Rotundo said it should be for January. Civil Defense - Letter of appreciation re: baskets for the needy - City Clerk Kinsey read the letter from Civil Defense Director Vic Vandergrifft which thanked area residents who helped with the Christmas baskets for the needy. Mayor Baugh thanked him for the letter. Parks and Recreation Board - Request to use four City lots at 15th and Umbrella Tree - City Clerk Kinsey read the December 21st memo from Mr. Thomas Sheridan, Vice Chairman of the Board, which requested the use of four City lots at 15th Street and Umbrella Tree for recreational purposes and that the Public Works Department clear the site and furnish necessary fill, using excess earth removed during installation of culverts. Councilman Rotundo said he looked at the four lots and they're in an ideal location and he thinks they should grant them permission to go ahead and use these for recreational facilities. Councilman Asting so moved. Councilman Prater seconded the motion. Mayor Baugh asked if this would be a legal problem and City Attorney Alvarez said he'd like to look at it. Councilman Asting asked about the insurance coverage and City Clerk Kinsey said it's covered. Motion CARRIED 5-0. City Clerk Kinsey asked if the entire letter is covered by the motion and Councilmen Rotundo and Prater and Mayor Baugh agreed. Parks and Recreation Board - Recommendation to purchase property at south end of City - City Clerk Kinsey read the December 21st memo from Mr. Thomas Sheridan, Vice Chairman of the Board, which recommended the purchase of approximately 14 acres located at the south end of the City on Roberts Road for open spaces and parks. Councilman Asting moved that the Parks and Recreation Director go out, with the permission of the owners, and walk that land and report to the Council with what he finds. Councilman Inman seconded the motion. Councilman Rotundo asked if they can purchase on a land contract and pay a certain amount this year and more next year instead of depleting all the funds. City Attorney Alvarez said they could look at that option if they want to go ahead with the purchase. Councilman Prater suggested they check to see how much land is there to the canal and perhaps incorporate it to that canal. Councilman Asting suggested the Parks and Recreation Director make a sketch of the parcel showing any canals and swamps. Motion CARRIED 5-0. Parks and Recreation Board - Attendance record of Board member - four absences - City Clerk Kinsey read the memo from Mrs. Joan Taylor, Secretary to the Board, which advised that Mr. Ray Richards had been absent for the last four meetings. Councilman Asting moved to terminate Mr. Richards' appointment because of excessive absences. Councilman Inman seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes January 7, 1985 ~ v o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planmngand Zoning Board - Set meeting date and time to review rezoning Guava and Hibiscus from 20th to 30th Streets from B-2 to 1-1 - Mayor Baugh noted that at their December 20th meeting they agreed to bring this up at this meeting. City Clerk Kinsey pointed out that Planning and Zoning's regular meeting is Wednesday, January 16th. Mayor Baugh asked if Council members could meet with them then and Council members agreed they could. Councilman Inman moved to have a meeting with Planning and Zoning on January 16th at 7:00 P.M. in these chambers. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Recommendation to rezone property on Lincoln Road from R-l to R-2 - City Clerk Kinsey read the December 20th memo from Mrs. Joan Taylor regarding the Planning and Zoning Board's action at its meeting of December 19th. The Board recommended that the rezoning request be approved. Mr. Les Haughwout, Florida Homes and Land, spoke to Council and said the land is located just south of Indian River Boulevard just off Riverside Drive and is a dead end street between Boston and Indian River Boulevard. Councilman Rotundo moved to have a public hearing and instruct the City Attorney to draft an ordinance. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Recommendation re: Florida Shores planting buffer strip - City Clerk Kinsey read the December 24th memo from Mrs. Joan Taylor which stated that at their December 19th meeting the Planning and Zoning Board recommended the City vacate a six-foot buffer strip for planting pur- poses and dedicate the entire perimeter of Florida Shores for street purposes. Councilman Asting said he'd like to see the specific area requested plotted on a sketch or an overlay. He added that if they vacate the buffer area all around the perimeter they would expose some of the lots to possible roads being cut through by people wanting to get into the streets from the west or south. Mayor Baugh pointed out that this buffer zone is in the rear portions of some of the properties there. There was a lengthy discussion about the area that was on a sketch distributed by Mrs. Doris Massey, Realtor. Mrs. Massey spoke to Council and said the plat the Council had would give ingress and egress and stop at 35th Street but to keep from continuing with these changes, she suggested that any street that exists wherein the six foot buffer strips run adjacent to it be considered for being rededicated for street purposes rather than planting strips. Councilman Asting agreed these should be considered by Council and he had no objection to 35th Street. Mrs. Massey stated that State Law prohibits these buffer strips from being placed in a subdivision. Councilman Asting pointed out that it was probably grandfathered in and he asked for the specific points along 35th that would show where it's to be vacated. Mrs. Massey said it would be very expensive to do a complete survey. Mayor Baugh said it's 460.19 feet. Mrs. Massey pointed out that the City wouldn't be giving anything away, but just rededicating, and she noted that the City did this before on Gas Lite Square. She said it would be Block 2 on the sketch. Mayor Baugh said if this was vacated that would give her access to the property and at a later date they can pull records on what areas abut City streets to have a clear picture. Councilman Asting asked if these are building sites and Mrs. Massey replied yes. Councilman Asting noted that there are no roads there and Mrs. Massey said they can get the ingress and egress and then build the roads. Councilman Asting pointed out that some is in the County and Mrs. Massey said they'll have to go before the County. Mrs. Massey and City Attorney Alvarez discussed the streets in question and City Attorney Alvarez said any ordinance adopted by Council should be specific streets rather than generalities and noted there could be something between the right of way and the buffer strip. Mrs. Massey said she's only referring to where the six foot buffer strip is adjacent to an existing street. She asked how they'd handle the release of the one on 35th Street and Mayor Baugh said that's what they'll research. Mrs. Massey said she's losing real estate deals because of delays. City Attorney Alvarez asked the purpose of the planting strip originally and Mrs. Massey said it was to prevent anyone from using it as ingress or egress, but it was owned by Florida Shores then and now it's owned by the City. Mayor Baugh recommended that Council instruct the City Attorney to draw up an ordinance that would release that portion of the buffer strip to have ingress and egress to that portion of the property. -6- Council Regular Meeting Minutes January 7, 1985 ~ o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - Recommendation re: Florida Shores planting buffer strip - (Continued) City Attorney Alvarez said this would take some time and review and the request is to widen the right of way that is now 35th Street from the 50 foot wide right of way to a 56 foot wide right of way. Mrs. Massey agreed. City Attorney Alvarez asked if islands could be cut along the strip to allow through traffic and Mrs. Massey said it's landlocked for title purposes. Councilman Rotundo moved to grant this request and instruct the City Attorney to draw up the ordinance. Mayor Baugh said all they're doing is widening the street by 6 foot. Councilman Rotundo added that it's from Needle Palm west approximately 820 feet to that property line. City Attorney Alvarez noted that it would be from the one center line to the boundary line. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated that it will go from the center portion west to the border of block 2 to get that whole section and then the research will be done. Mrs. Massey asked for a time frame and Mayor Baugh said it will be on the next agenda for first reading. Mr. Frank Opal, from the audience, called a point of information regarding this subject and Mayor Baugh advised he can bring it up at the pubic hearing. Public Works Department - request to use State bid for purchase of trash truck - City Clerk Kinsey pointed out that previously Mr. Copeland had requested permission to go out for bids and he has reviewed the matter and found the State bid would be the lowest price. Councilman Asting moved to authorize Earl Copeland to order the vehicle under State bid. Councilman Prater seconded the motion. Motion CARRIED 5-0. Police Department - request for forfeiture of two vehicles - City Clerk Kinsey suggested that this item be held until later on the agenda when the Resolution establishing the procedures for forfeiture is acted upon and Council members agreed. Police Department - request to advertise for bids for weapons, leather and accessories - City Clerk Kinsey stated that the Chief would like to go out for bids for weapons, leather and accessories. Mayor Baugh noted that they already have a price list of all the weapons. Councilman Asting asked if these are on hand and a purchase order made out. City Clerk Kinsey stated that it's in excess of $2,000.00 and has to go out for bids. Mayor Baugh asked if this was budgeted and City Clerk Kinsey replied yes. Councilman Rotundo moved to go out for bids. Councilman Inman seconded the motion. Councilman Asting asked why they have prices already and Mayor Baugh asked Chief Betts for an explanation. Chief Betts said he got a rough estimate from some of the vendors and suppliers and the City can expect sealed bids from them also. Mayor Baugh noted that he can supply some names for sending letters also. Councilman Asting pointed out that some of the costs were right to the penny and Chief Betts said this was just a preliminary. Motion CARRIED 5-0. City Clerk Kinsey stated that on the same memo from the Chief was a request for tuition and transportation for seven officers to attend Traffic Accident and Traffic Homicide Investigation Classes held at Daytona Beach Community College at a cost per man of approximately $43.00. She added that the classes would run from January 14th until February 14th for four hours per evening Mondays through Thursdays. Councilman Asting questioned if there would be a problem with that many officers attending. Mayor Baugh said he'd like to see the schedule. Chief Betts said with the 8-hour shifts they were able to work out the schedule and he'll furnish a copy for Council. Mayor Baugh questioned a dispatcher attending these classes and Chief Betts stated that it's on his free time and he's certified as a Police officer and this would enhance his abilities as a future officer. Mayor Baugh suggested they strike him from the list and again stated that he'd like to see the schedule since he'd be taking six people without some type of overtime. Chief Betts said it was taken care of and he can supply the information. Councilman Inman asked if the school is for one month and Chief Betts said it's two 40-hour courses, and they have a large number of new recruits and this training will relieve the investigator. Councilman Asting asked if the same subjects will be taught at both schools and Chief Betts replied no. -7- Council Regular Meeting Minutes January 7, 1985 v Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Police Department Request for tuition and transportation for employees to attend classes (Continued) - Chief Betts stated that the officers volunteered for these classes and are anxious to take the extra training. Councilman Inman asked how many officers are breatholizer operators and Chief Betts replied only three but that school is approaching, plus a radar school and he'd like to send some of the men there.. Councilman Asting asked if the officers who attend the first course will then attend the second course and Chief Betts replied yes, and his department is so small that each man has to be a specialist. Councilman Asting suggested that the schedule on the attendance at the schools be available for the meeting on Friday and Chief Betts agreed. Councilman Asting moved to TABLE this until Friday. Councilman Inman seconded the motion. Motion CARRIED 5-0. Chief Betts asked if he could bring up the radar school on Friday also and Mayor Baugh agreed he could. Police Department Request to purchase full size truck for Animal Control - Councilman Asting pointed out that Council authorized a compact truck and Mayor Baugh noted that they changed it to mid-size. City Clerk Kinsey agreed that the request was for mid-size but the purchase order was issued as full size. Mayor Baugh asked if the purchase order was already issued and City Clerk Kinsey replied yes. Chief Betts said Dodge got the State bid and prices for mid-size ranged from $7,200. to $9,000. and he can get a full sized Dodge for approximately $6,600. Councilman Asting pointed out that they would still need to buy a cap and Chief Betts agreed an enclosed area would be best. Councilman Asting asked the price for a cap and Chief Betts said it would be about $350. Mayor Baugh pointed out that the purchase order was issued for full sized after Council requested mid-size or compact to go out for bids, and he went around the request of Council in ordering this vehicle. He added that it should have come back to Council to get it under State bid. Chief Betts said he'd talked with City Clerk Kinsey and it's impossible to beat State bid. Mayor Baugh pointed out that he beat the State bid by $300. per vehicle in 1977. Chief Betts said he's never beat it. Councilman Rotundo moved to TABLE this until the next meeting and come back with a request for a full size truck. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting asked Chief Betts when he'd learn that Council authorizes any changes in purchase orders and that the Police Depart- ment is a part of the City's administration. Mayor Baugh called a short recess at 9:20 P.M. at the request of Councilman Rotundo. Mayor Baugh called the meeting back to order at 9:30 P.M. COMMUNICATIONS East Volusia Mosquito Control District re: authorization to make low level spray flights - Mayor Baugh recommended that City Clerk Kinsey be authorized to write a letter authorizing them to fly over the City as they did in 1984. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated that there is a meeting scheduled for Friday, January 11th, at 10:00 AM regarding South Florida Natural Gas Company. Italian-American Club request to use Community Center for rummage sale - City Clerk Kinsey stated that the date selected for this sale is February 2nd. Mr. DeDomenico, Treasurer of the Club, came forward and said they have two other dates, either February 23rd or March 23rd. City Clerk Kinsey noted that she'd only cleared the calendar for February 2nd or March 2nd and will have to check the new dates for availability. Mr. DeDomenico said this will not be outside vendors but club members who want to make money for the club and they make donations to other organizations. Councilman Inman said he saw no problem if there's not a conflict. Mayor Baugh pointed out that they're asking for fees to be waived. Mr. DeDomenico said the hours would be from about 9AM until 3 or 4 PM. City Clerk Kinsey suggested he call her the following morning for a schedule. Councilman Inman moved to waive the fee for the Italian-American Club. Councilman Asting seconded the motion. Councilman Prater asked if this is for only the one time and Mayor Baugh replied yes. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes January 7, 1985 I <.; Q COMMUNICATIONS (Continued) Florida Public Health Association re: fluoridation of water - City Clerk Kinsey read the letter from Mr. Peter Clarke, President of F.P.H.A.. Mayor Baugh said he'd like further information on this. Councilman Asting said they need public input also as some communities had public objection. Mayor Baugh suggested they consider the new water plant first. Councilman Prater pointed out that it could be incorporated more easily and feasibly when they get into the expansion of the plant. Councilman Prater moved to TABLE this until they have time to check it out. Councilman Asting seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 85-0-1 Amending Ord. 898 re: purchasing limits - City Attorney Alvarez stated that this is first reading and he read the ordinance. ORD. 85-0-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ALLOWING PURCHASES UP TO $3,000.00 WITHOUT FORMAL COMPETITIVE BIDDING AND EXPENDITURES BY CITY DEPARTMENTS UP TO $2,000.00 WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-l Establishing forfeiture procedures - City Attorney Alvarez read this Resolution. RES. 85-R-l A RESOLUTION DECLARING THE INTENT OF THE CITY OF EDGEWATER, FLORIDA, TO PROCEED UNDER THE PROCEDURES OF THE FLORIDA CONTRABAND FORFEITURE ACT, AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSITORY OF RECEIPTS FROM FORFEITURE AUCTIONS; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh suggested the first section read "drug related felons" and Councilman Asting moved to include that amendment. Councilman Inman seconded the motion. City Attorney Alvarez suggested they add at the end of Section 1. the wording "applicable to drug related felonies only in the City of Edgewater". Councilman Asting agreed to that as a part of his motion. Councilman Inman agreed as the second to the motion. Motion CARRIED 5-0. Councilman Prater moved to adopt it with the amendment. Councilman Asting seconded the motion. Motion CARRIED 5-0. Police Department - request for forfeiture of two vehicles - City Clerk Kinsey read the January 2nd memo from Chief Betts which requested forfeiture of one 1962 Triumph Convertible and one 1978 Pontiac which were seized in connection with felony crimes. Mayor Baugh asked if these were drug related felons and Chief Betts said the 1962 Triumph was. Mayor Baugh asked the value of the Triumph and Chief Betts said it's about $2,800. Councilman Rotundo moved to instruct the City Attorney to proceed with the reason to show cause for the forfeiture of the Triumph. Councilman Prater seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Management Salary and Benefit Plan - This item was discussed under City Council Reports and it was determined that it would be reviewed at a Special Meeting and Workshop to be held Friday, January 11, 1985 at 2:00 P.M. (See page 4 of these minutes). NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting moved to adjourn. Councilman Inman seconded the motion. City Attorney Alvarez pointed out that in forfeitures they sometimes bargain with the owner of the vehicle in lieu of the sale and he presumes this could be done. Mayor Baugh agreed that's how he feels. Meeting was adjourned at 9:58 P.M. Signature page is -10-. -9- Council Regular Meeting Minutes January 7, 1985 . " . . ".. v, y Signature page for City Council Regular Meeting minutes for January 7, 1985. Minutes submitted by: Lura Sue Koser (?~~ . -eLf )l;{;; Iv:.; COUNCIL - ~NE THREW ~ ~ ~ ~ J~ ~~'?~ ~. flQUNCILMAN - ZONE FOUR {.../ AT.TEST: ~~ ~~ -G~~K ~7 Approved thiso?J~day of r" , 1985. f:-.- =:> f?+- MAYOR -10- Council Regular Meeting Minutes January 7, 1985