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05-19-1986 - Regular (.) (J CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 19, 1986 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 Excused Present Excused Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Excused Present Present INVOCATION, SALUTE TO THE FLAG Rev. Siano was not available, the Director of Development for the Edgewater Alliance Church introduced himself and volunteered to give the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of May 5, 1986 - Mayor Baugh stated that prior to voting on the approval of these minutes he will have to change his vote. Any item regarding the possible rezoning of the Caldwell property, which affects Silver Ridge, is a potential conflict on his part, therefore he will change his May 5th vote to abstain. Councilman Prater moved to adopt the minutes of the May 5th meeting, including the change the Mayor just made. Councilman Inman seconded the motion. Motion CARRIED 3-0. Special Meeting and Workshop of May 8, 1986 - Councilman Inman moved to accept the minutes of the May 8th Special meeting and workshop. Council- man Prater seconded the motion. Motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Inman moved to pay the bills, being seconded by Councilman Prater. Motion CARRIED 3-0. City Clerk Martinez stated there's a supplemental bill from Economy Electric in the amount of $88.21, which is a Fire Department expenditure without a purchase order. She read the memo from the Fire Department explaining this. Mayor Baugh asked the representative from the Fire Department if it was known in advance that this work was going to be done. Mr. Marvin Owens explained the job took more digging up of the conduit than it was originally thought. The electrician called him at work and he instructed that the work continue and he must not have gotten into City Hall for the purchase order or to add to the first purchase order. Mayor Baugh explained you can not add to a purchase order after it has been issued, and all it takes is a phone call to obtain a purchase order. He added that if a paid department head did this, he would be reprimanded because there is a purchasing or- dinance and the procedures must be followed. He asked that this be passed on to the other officers of the department. Councilman Prater moved to pay the supplementary bill in the amount of $88.21, being seconded by Councilman Inman. Councilman Inman continued that this is the third consecutive time the Fire Department has submitted a supplementary bill. The Council requires each and every department head to follow the purchasing procedures, he would like to see the Fire Department abide by the rules and regulations. Motion CARRIED 3-0. o o MISCELLANEOUS Mr. Edward Ryan, 2213 Victory Palm spoke to the Council about the condition of Victory Palm. He said a petition has been submitted and asked what action they had to take to get something done about paving? At this time Item 6B was moved up on the agenda: Petition from Victory Palm residents requesting paving from Indian River Boulevard to 30th Street. City Clerk Martinez explained that 1986 streets for paving have been picked, however, she suggested this be placed in the folder for picking the 1987 streets. It was agreed that this would be done, and the paving of Victory Palm be discussed when the next group of streets are chosen. Mr. Prenk Gruda, 2028 Needle Palm spoke to the Council about some relief from paying the water and garbage bill at 2009 South Ridgewood, which is property owned by him, but is a vacant home presently. He asked for some help. City Clerk Martinez agreed to look into this account and telephone Mr. Gruda the next day. As far as his request to not be charged,she explained there is a minimum bill for everyone, it is a City ordinance; she nor the Council can release him from that. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no reports. City Attorney Reports - City Clerk Martinez explained to the Council that authorization is needed to have a survey done on Park Avenue. The actual road and the dedicated road, which is on paper, do not agree. She re- quested authorization to contact a couple of surveyors and obtain the best price for this survey. Councilman Inman stated there is a discrepancy and it is to our advantage to get it corrected. He moved that we contact a surveyor and get this matter straightened out. Councilman Prater seconded the motion. Motion CARRIED 3-0. City Clerk Report - There was no report. Parks and Recreation Department re: statement to assume responsibility regarding boating restricted zone at Menard-May Park - City Clerk Martinez explained this is in conjunction with our D.E.R. authorization to proceed with the park. They need a statement, by motion, from the City of Edge- water that we do assume the responsibility for the purchase, the place- ment, the upkeep and the eventual removal of any regulatory markers regarding the boating restricted zone at Menard Park. Mayor Baugh explained this is for the swimming area. We are trying to get the area, approximately 250 feet out on the south end, approximately 175 feet out on the north and approximately 175 feet across for swimming. Councilman Prater moved that the request be granted, being seconded by Councilman Inman. Motion CARRIED 3-0. Utilities Department re: Park Ave. water treatment plant, Change Order #1 City Clerk Martinez read a letter from Terry Wadsworth, Utilities Superin- tendent, regarding this change order. The amount of the change order is $3013.00 and results from D.E.R. requirements not known at the time bids were received on the project. Councilman Inman moved to accept this proposed change order on the Water Treatment Plant Project, being seconded by Councilman Prater. Motion CARRIED 3-0. Police Chief Request to purchase radio under Federal contract - City Clerk Martinez read a letter from Chief Schumaker requesting the purchase of one Motorola Syntar X, 8 channel mobile radio under Federal Contract. The purchase price is $2,349.40, which includes a built in siren and antenna. This radio will be installed in the new police car. Councilman Prater moved to grant the Chief's request to buy the radio, being seconded by Councilman Inman. Motion CARRIED 3-0. -2- Council Minutes May 19, 1986 Meeting o o Request to attend Florida Police Chief's 34th Annual Training Conference - City Clerk Martinez read a letter from Chief Schumaker requesting permission to attend the 1986 FPCA Annual Summer Training Conference in St. Petersburg Beach, June 29-July 3,1986. Total cost to City will be $494.00, plus milage. Councilman Inman moved to send the Chief of Police to this training conference, being seconded by Councilman Prater. Motion CARRIED 3-0. Planning Assistant re: Planning and Zoning schedule and zoning ordinance amendment - City Clerk Martinez explained this is a very lengthy request to change some wording in the present code. The Planning and Zoning Board discussed this in detail on May 1st with Lynn Plaskett, Planning Assistant, from that they requested that she take the exact wording and submit it to the Council to be changed. She recommended that the City Attorney be authorized to proceed with language change. Mayor Baugh suggested that since there is not a full council present, the City attorney should make the changes and it be brought back before the Council. City Clerk Martinez said it will be in ordinance form for Council action. Councilman Inman made this in the form of a motion, to authorize the City attorney to draw up the necessary ordinance, being seconded by Councilman Prater. Motion CARRIED 3-0. Parks and Recreation Board Recommendation for appointment to fill vacancy (tabled April 21,1986) - City Clerk Martinez reminded the Council this was sent to the Parks and Recreation Board for their recommendation. It is now back to Council for their decision. Councilman Prater, being the individual who tabled this matter originally, moved to bring this matter off the table, being seconded by Councilman Inman. Motion CARRIED 3-0. City Clerk Martinez read the memo from the board to the Council with their three choices for appointment. Councilman Prater moved to go along with the board's first choice, Jeff Ridgdill, being seconded by Councilman Inman. Motion CARRIED 3-0. Request to conduct study and formulate policy to acquire, develop and maintain open spaces, parks and recreational areeas (tabled April 7,1986) City Clerk Martinez administratively withdrew this item, due to the fact Councilman Asting is the individual who tabled the issue originally, and he is not present to recall this. Merit Board - Ruth Garvey's request to be reappointed (Present term expires June 3, 1986) - Mayor Baugh explained Mrs. Garvey's present term expires June 3rd and he highly recommended she be reappointed to the board. Councilman Prater moved to reappoint Mrs. Garvey to the Merit Board, being seconded by Councilman Inman. Motion CARRIED 3-0. COMMUNICATIONS Florida League of Cities Registration for 60th Annual Convention in Orlando and naming of voting delegate - Mayor Baugh stated he will be going to this convention and would like to be the voting delegate, if the Council so desires. Councilman Prater moved to send the Mayor as voting delegate to this convention, being seconded by Councilman Inman. Motion CARRIED 3-0. City Clerk Martinez requested authorization to cut the checks for the expenditures necessary for those wishi~g to go. Mayor Baugh recommended this convention and commented his desire for the others to attend if they so wish. Councilman Prater moved to authorize the issuance of the checks, being seconded by Councilman Inman. Motion CARRIED 3-0. Advertising in Florida Municipal Record for 60th Annual Convention issue- Mayor Baugh showed the copy of the ad that was put in the publication last year. Councilman Inman moved to place the same ad this year, being seconded by Councilman Prater. Motion CARRIED 3-0. -3- Council minutes May 19,1986 meeting Q o (Item 6B was discussed earlier in the meeting). ORDINANCES AND RESOLUTIONS Ord.86-0-ll Establishing City of Edgewater Building Trades Regulatory and Appeals Board - City Clerk Martinez read the ordinance by title only. This is the first reading of the ordinance: ORD.NO.86-0-ll- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE 1, SECTIONS 7-1,7-2,7-3,7-4,7-5,7-6,7-7 AND ARTICLE X, SECTIONS 7-340 THROUGH 7-360 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY ESTABLISHING A BUILDING TRADES REGULATORY AND APPEALS BOARD; PROVIDING FOR MEMBERSHIP, POWERS, DUTIES AND PROCEDURES OF THE BOARD; ESTABLISHING REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS, PROVIDING FOR CONTRACTOR LICENSING AND COMPETENCY REQUIREMENTS, PRO- VIDING LICENSE FEES FOR CONTRACTORS AND SUBCONTRACTORS, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFEC- TIVE DATE. Councilman Prater moved to adopt Ordinance 86-0-11, being seconded by Councilman Inman. Motion CARRIED 3-0. Res.86-R-25 Appointing one member to Parks and Recreation Board for unexpired term (tabled April 21,1986) City Clerk Martinez read this resolution in its entirety. RES.NO.86-R-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. She inserted the name of Jeff Ridgdill for an unexpired three year term to end May 7, 1988. Councilman Prater moved to adopt Res. 86-R-25, being seconded by Councilman Inman. Motion CARRIED 3-0. UNFINISHED BUSINESS Ray and Betty Richards request to vacate south 160 feet of 15 foot easement between Hibiscus and India Palm (continued from May 5, 1986 meeting) - City Clerk Martinez explained this was continued from the May 5th meeting in order to obtain comments from the City's department heads. The Council has received copies of the various comments. The consensus of the depart- ment heads is to deny the request. She added that this request was made by Perry Barrett previously and was denied April 7th by the Council. Councilman Inman stated due to the fact that this is the third time some individual has requested to vacate this 15 foot easement between Hibiscus and India Palm, the Council has refused this 'twice before, therefore in lieu of the department heads consensus, he moved that the Council refuse to vacate this 15 foot easement. Councilman Prater seconded the motion. Mr. Ray Richards, 1629 Needle Palm, said most of the complaints were about making a 900 turn. A semi is not going to go down there, neither is a fire truck, there is no way for them to turn around. He can't see the complaint about the 900 turn on a cement slab, if a semi or fire truck goes down there they will have to back up. They would just go on Hibiscus in the first place. He added he has not seen a big truck or a semi there in eight or nine years. Councilman Prater spoke of the warehouses that are down there now, they need a place to haul material down to the warehouses. Mr. Richards answered they would go down Hibiscus. Mrs. Richards spoke to the Council that all the property owners seem to be for this. She suggested that the whole thing be closed, they would have Hibiscus, the street in front of the Strongs, Indian River and behind the store if they would like. Perhaps this would be the solution for all the property owners. Mayor Baugh stated he would not be in favor of closing the entire easement. They may not have had any problems until now, but the first problem where they could not get back there could be a serious problem. -4- Council minutes May 19,1986 meeting (.) (.) Mrs. Joan Strong said they don't care if the Fire Department and all of the utility men go down there, because you need that work and protection. If something was put across there, it could be lifted if they wanted to go through there. It would be all right if they went on their properties if they had to. They just want it vacated and given back, because it has not been maintained as it should be. Mayor Baugh stated he is not for vacating any alley completely. He added that with Mr. Richards request, we would be getting as much as we would be giving, we would not actually be vacating any alley, we would be getting property back. He called for a vote on the motion to deny this request. Motion CARRIED 2-1, Mayor Baugh voting No. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved, being seconded by Councilman Inman. Meeting was adjourned at 7:56 P.M. Minutes submitted by: Debbie Sigler tl- ~"fi<) ~L.J e. ~ COUNCILMAN - ZONE THREE ATTEST: ~~~~~ o UNCILMAN - ZONE FOUR f,-o ~.y~~ CITY CLERK iJ Approved this "J.~ day of June, 1986. ~~a MAYOR l -5- Council minutes May 19,1986 meeting .' MECORANDUM OF VOTI~ CONFLICT . . , FORM 4 , LAS'. NAME-FIRST NAME-MIDDLE NAME Baugh, Earl D. THE BOARD, COUNCIL.COMMISSION. AUTHORITY, OR COMMllTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS 117 Silver Circle lfI CITY o COUNTY o OTHER LOCAL AGENCY o STATE CITY COUNTY Edgewater Vo1usia NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH,\'OTE OCCURRED May 5, 1986 City of Edgewater NAME OF BOARD. COUNCIl. COMMISSION, AUTHORITY, OR COMMllTEE City Council, City of Edgewater WHO MUST FILE FOAM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. P ART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).) The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TOTHE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DA YS AFTER TH E VOTE OCCU RS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984). or officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on Ma y 19 * , 19 ~ : *Vote done at May 5,1986 meeting changed to abstention at May 19, 1986 meeting. (a) I abstained from voting on a matter which (check one): -L. inured to my special private gain; or Resident of Silver Ridge Subdivision, abutting Caldwell property _ inured to the special gain of , by whom I am retained. PAGE I CE FORM 4. REV. 1~84 :, ~ . \b).Th~ ~easure on which I abstained anQ nature of my interest in the measure is as Qws: Rezoning of Caldwell property which is abutting Silver Ridge Subdivision, where I am a resident. .( 1: J'h ~ - /CJ/ I C; rr, Date Filed ~~ 6-~ Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Rorida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ,19_: (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes ofthe meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 0 112.311(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000. PAGE 2 CE FORM". REV. 10-84