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05-05-1986 - Regular Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 5, 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 Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Pastor Griffith of the Trinity Lutheran Church in New Smyrna Beach gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of April 21, 1986 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of April 24, 1986 - Councilman Inman moved to adopt these minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of April 28, 1986 - Councilman Prater moved to adopt the minutes of the Workshop of April 28, 1986. Councilman Inman seconded the motion. Motion CARRIED 5-0. Bills and Accounts Councilman Inman moved to pay the bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there's a supplemental bill from Dixie Discount Auto Parts for $41.65 and one of the Edgewater Volunteer Fire fighters purchased without first getting a purchase order. She said she was advised the Department has been notified it's not the practice to make purchases without a purchase order. Mayor Baugh asked if this was brought up at their meeting and City Clerk Martinez replied that Pat said it's brought up at almost every meeting. Councilman Rotundo moved to pay this bill. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Bob Garthwaite, Lee Drive, presented a petition signed by homeowners regarding the rezoning of property to the south of Silver Ridge and requesting that the Planning and Zoning meetings be held at night on matters pertaining to the rezoning because most work days and cannot attend. Mayor Baugh asked how many signatures are on the petition and Mr. Garthwaite replied 57. City Attorney Alvarez noted the applicant for rezoning submitted a set of drawings showing what they're requesting in terms of preliminary site plans and he'd given them to the Assistant Planner and they're available. Mr. Garthwaite said he looked at them in the Planning office that day. City Attorney Alvarez noted they're similar to what he'd seen earlier. Mr. Garthwaite agreed they're similiar and said he'd read the recommendation from the Assistant Planner to the City Attorney. Mayor Baugh said he lives in Silver Ridge and it may be a conflict in violation and he'll fill in the form if it comes to a vote about the meetings at night. He asked if Council wishes to request that all meetings pertaining to the Caldwell property be in the evenings so people can attend. Councilman Asting moved that they do that. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked if it's a conflict if he lives there and City Attorney Alvarez replied he doesn't see the conflict, but he can file anyway. City Clerk Martinez said he shouldn't vote when a conflict is filed and City Attorney Alvarez agreed the new law says you abstain from voting when you file a conflict. o o MISCELLANEOUS (Continued) Paul Henry, 1429 Needle Palm, asked to direct this to Chief Schumaker, and he presented him a framed autographed picture from President Ronald Reagan. He said the Chief is doing an excellent job. Chief Schumaker thanked him and asked him to convey his appreciation to those who were responsible for this. Chief Schumaker said it's difficult to get an award for himself because it's a departmental award. He thanked the Mayor and Council for allowing him the opportunity to be Police Chief, and said they'd come a long way and have a long way to go and he enjoys doing it. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated for the record his opposition to the County road impact fees being imposed on the municipalities for the benefit of the County. He said the County can only exercise environmental authority and if cities allow the County to come into their domain to collect fees, a precedent will be established and future collections by the County for various purposes could be imposed on our people. He moved that they reaffirm their rejection of the County impact fee proposal. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated that the Cichewicz liti- gation was dismissed and is off the books. City Clerk Reports - City Clerk Martinez stated that the Police Benevolent Association requested an employee-management committee meeting and she and Councilman Inman have volunteered to serve again if the Council so wishes. Councilman Asting so moved. Mayor Baugh recommended that the Chief be able to sit in on these meetings. Councilman Asting agreed that would be part of his motion. Councilman Prater seconded the motion. Motion CARRIED 5-0. Utilities Superintendent request to transfer backhoe amount from Public Works to Utilities budget - City Clerk Martinez stated at budget time there was a discussion about the Utilities Department obtaining a new backhoe and Public Works keeping the old one and the auditors have asked for a statement showing the fair market value, which is $4,000, and Council authorization is needed to make the necessary adjustments between funds. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning Assistant re: contradiction on parking requirements - City Clerk Martinez read the April 18th memo from Lynne Plaskett which recommended they keep the existing ten foot buffer strip and exclude districts B-2,B-3, and B-4 in Section 700, Off Street Parking and Loading Requirements, and that the industrial zone's five foot buffer remain. Councilman Asting moved to adopt these recommendations of the Assistant City Planner. Councilman Inman seconded the motion. Mayor Baugh asked if this has to be changed by ordinance and City Clerk Martinez replied yes. Motion CARRIED 5-0. Mayor Baugh requested a motion to have the City Attorney draw up the necessary papers. Councilman Asting so moved. Councilman Rotundo seconded the motion. City Attorney Alvarez pointed out the changes have to come from the Planning and Zoning Board and City Clerk Martinez clarified the memo was the result of a meeting when they asked Lynne Plaskett to send it. Motion CARRIED 5-0. Parks & Recreation Board - Kirk Jones request for reappointment - City Clerk Martinez read the April 23rd memo from Kirk Jones, in which he requested he be reappointed for another three year term. Mayor Baugh suggested they reappoint him. Councilman Rotundo so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Citizen Code Enforcement Board - Phillip D. Williams - request for reappointment and Roberta Moses - request for reappointment - City Clerk Martinez read the April 29th letter from Mr. Williams and the April 29th letter from Mrs. Moses, in which they asked to be reappointed for three year terms. Councilman Asting moved that Phillip D. Williams and Roberta Moses' request for reappointment be approved. Councilman Prater seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes May 5, 1986 o ~ COMMUNICATIONS Project Graduation Committee request for donation - City Clerk Martinez read the April 15th letter. Mr. Bill Klein, 1429 Needle Palm, introduced himself as the Finance Chairman for Project Graduation. He pointed out this was started last year and the senior class at the beginning of this year was in favor of it again, except for two members. He introduced Mr. Bob Sullivan. Mr. Sullivan, 2501 Crestwood Avenue, New Smyrna Beach, said about 90% of the graduates attended last year, and there wasn't one ticket given out to any graduates over the entire week end. He said they bus the graduates to Sanford to the boat and bring them back, and it will cost about $15,000 and they've collected about $11,000. He asked for assistance and said any donation will be appreciated. Mayor Baugh asked how many are going and Mr. Klein replied they just now are selling tickets which are $5.00 each, but they're counting on the maximum. He noted the boat will hold 400 and there are 250 in the class and they can take dates. Councilman Asting noted that money is our drawback, and there are two other requests for $250 so he suggested it be $250 and they'll have to adjust the budget. Mr. Klein said he could prepare a letter for next year's budget so it could be a budgeted item. Councilman Asting suggested $250 the same as the other two organizations, and he so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. American Legion request for contribution for flags for veterans' graves on Memorial Day - City Clerk Martinez stated there are two requests, one from American Legion and one from Veterans of Foreign Wars. Councilman Asting said he doesn't think the one will be flags and it's two different organizations. Mayor Baugh noted that one says flags and the other says services. Mayor Baugh asked if there were representatives in the audience and nobody responded. Mayor Baugh said he'd like a breakdown of what the Memorial Day services would consist of. Councilman Asting moved to donate $250 to the American Legion for flags. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Veterans of Foreign Wars request for donation for Memorial Day services - Mayor Baugh suggested they keep trying to contact V.F.W. to see what this service is and they could bring it up at the next meeting. Councilman Inman moved to TABLE this one for V.F.W. and find out more about it before they proceed. Councilman Prater seconded the motion. Motion CARRIED 5-0. Volusia County re: interlocal agreement for collection of road impact fees - Councilman Asting said he thinks his motion to reaffirm the opposition should be sufficient for this and it should be included. Mayor Baugh requested a motion to TABLE this until after the May 12th meeting with Volusia League of Municipalities to see how the rest of them feel. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated that he and the City Clerk were requested to go to the May 12th meeting if no Councilman objects. There were no objections from Council. City Attorney Alvarez stated that he's planning to go also. James E. Ross re: water bills - City Clerk Martinez read the April 14th letter from Mr. Ross. Mr. and Mrs. Ross came to the podium to speak to Council. Mr. Ross expressed his objection to paying this bill because he didn't know he'd be billed for it, and said if it's an ordinance or law, it should be changed. He said he wasn't notified he'd have to pay the minimum bill and he would have left the water on and paid the bill if he'd known. Councilman Rotundo asked if he knew the water was still on and Mr. Ross said he knew the water was cut off but he didn't know there was a minimum fee to be paid, and he'd asked that the water be turned off. Mr. Ross said he got a bill and called City Hall and was told the City received a note saying they were the owners of the property. Councilman Inman asked if Mr. Crowder had an outstanding bill or if it was paid up and Mrs. Ross said it was paid up when he left. Mayor Baugh asked who the bills were sent to and City Clerk Martinez replied they're sent to A.C.Tire and Mr. Crowder had the mail forwarded from the post office to Bristol, Tennessee. She noted they didn't know what the post office did with it until they got an unsigned note regarding who the owner is. Mr. Ross said he received one bill and then another one because he didn't pay it. There was a discussion about how a property owner could be notified, and the procedure for transferring a deposit. -3- Council Regular Meeting Minutes May 5, 1986 o o COMMUNICATIONS (Continued) James E. Ross re: water bills (Continued) Mr. Ross said he feels it's a mistake and it's the first time he's been asked to pay for something he didn't receive. Mayor Baugh pointed out the ordinance they have states there will be a minimum charge for every resident to account for the bonds and water was available whether they used it or not. He added that the ordinance states the deposit shall be in the owner's name and a delinquent charge of 10% of the amount due will be charged against the customer if he fails to pay. He asked City Attorney Alvarez for suggestions. City Attorney Alvarez noted it's an ordinance that has to be followed and it's not a legal issue, but there's a question of objection to fairness of the matter and they didn't know about it. He added the ordinance is in effect and has to be obeyed or changed. He suggested Council follow the ordinance and see if they need to look into notification or some procedure to prevent this from happening again. He said he sympathizes with them but the bond covenants are there and their hands are tied. He referred to an earlier case where the plumber put in the wrong pipes and the water was billed. City Clerk Martinez said they make adjustments to the sewer portion if there's a leak in the yard but this is for a mimimum bill and the bond issue doesn't exempt sewer. There was a discussion about notifying the owners when they go out to turn the water off and City Clerk Martinez pointed out many times the person is leaving and nobody is there but they could try it on a 3D-day trial. Councilman Rotundo asked if they could delete the delinquent charges and City Clerk Martinez replied there's an ordinance on the books. Councilman Rotundo moved to delete the delinquent charges on the amount of $261. Mrs. Ross said it's now $291.53. Mr. Ross said he doesn't think he was delinquent on a bill and feels it's grossly unjust. Councilman Asting seconded the motion. Councilman Prater asked if the motion is legal and City Attorney Alvarez replied that for Council's protection, the motion should include it be subject to clarification of opinion from his office as well as the City auditors because this can show up at the fiscal year end audit that they didn't follow their own ordinance. He noted they're just talking about the delinquent part, which is a gray area. Councilman Rotundo included that in his motion. Councilman Asting agreed that the City Auditors and City Attorney would be acceptable as the second to the motion. City Clerk Martinez asked for clarification of delinquent charges or penalties on the regular monthly bill and Councilman Rotundo said it's just the penalty. Mayor Baugh said the monthly charge has to stay there because of the ordinance, and Mr. Ross will be notified of the opinion. Mr. Ross said he wants the water turned on. Motion CARRIED 5-0. Ray and Betty Richards request to vacate south 160 ft. of 15 ft. easement between Hibiscus and India Palm - City Clerk Martinez read a portion of the April 29th letter which stated they'd trade a 15 foot easement north of Shop E-Z coming off Hibiscus. Mr. Ray Richards, 1629 Needle Palm, presented a drawing of the area to the Council members, and said he doesn't think anyone uses that part of the alley now. He said there's a cement slab behind his shop and he'd like to put the gas pumps there. Councilman Rotundo asked if the alley goes to 18th and Mr. Richards said it's blocked off down there. Mayor Baugh pointed out it's blocked in the middle and you can come from one end or the other. Mr. Richards said they use it for parking now. There was a discussion about the location of the meters and the underground services there. Mayor Baugh asked the City Attorney if there would be any problems if he's willing to trade. City Attorney Avlarez suggested they take it under advisement and submit it to the administration for review with the Department Heads to come back to Council with a recommendation. Councilman Asting and Mr. Richards had a discussion about the exact locations, with Councilman Asting pointing out there will be 900 turns there. Councilman Asting noted that some of the buildings have exits on the alley and Mayor Baugh agreed. Councilman Asting asked about the building east of the service station and Mr. Richards said that's proposed for the future. Mayor Baugh said this will be turned over to the Department Heads. City Clerk Martinez advised Mr. Richards he'll be notified when it's on the agenda again. -4- Council Regular Meeting Minutes May 5, 1986 : o o ORDINANCES AND RESOLUTIONS Res. 86-R-26 Establishing annexation procedures and fees - City Attorney Alvarez read this Resolution. RES. 86-R-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA) ESTABLISHING VOLUNTARY ANNEXATION PROCEDURES AND A (MINIMUM) THREE HUNDRED DOLLA~ NON-REFUNDABLE COST DEFRAYING ANNEXATION FEE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He stated he inserted the word minimum at the request of administration because the fee could exceed $300. due to advertising and other steps involved. He added that the Assistant Planner studied this and determined this fee. Councilman Rotundo moved to adopt Resolution 86-R-26. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 86-R-27 Appointing two members to Citizen Code Enforcement Board due to expired terms - City Attorney Alvarez read this Resolution. RES. 86-R-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the names of Phillip D. Williams and Roberta Moses for the appointments for three year terms to end May 18, 1989. Councilman Prater moved to adopt Resolution 86-R-27. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 86-R-28 Apointing one member to Parks & Recreation Board due to expired term - City Attorney Alvarez read this Resolution. RES. 86-R-28 - 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; PRO- VIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the name of Kirk Jones for a three-year term to end May 17, 1989. Councilman Inman moved to adopt Resolution 86-R-28. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Recommendation re: telephone communication system - City Clerk Martinez read the April 30th memo from Dennis Fischer, William Britain, and Susan Wadsworth which recommended the Merlin communication system by A T & T be approved. She noted the cost is $15,641.30 and $20,000. was budgeted, and she commended the group for the choice they made. She pointed out due to technical equipment involved, they couldn't draw up bids. Councilman Asting moved to authorize this system. Councilman Inman seconded the motion. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Rotundo so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:17 P.M. Minutes submitted by: Lura Sue Koser MAYO~ 0 & -r-s el'C-u.seo ~CILMAN - z~~~ A. {) t 6 o NCI - Z E TW t ATTEST: ~/.-~ CITY CLERK Approved thisl7~day of e )<- C LJ ,{' ~ ~ COUNCILMAN - ZONE THREE ~ c-u/~~-'/~~-' ~iOUNCILMAN - ZONE FOUR ~ MAYofi;~ 8+L- -5- Council Regular Meeting Minutes May 5, 1986 . FORM 4 MOORANDUM OF VOTCG CONFLICT LA~T NAME FIRST NAME-MIDDLE NAME Baugh, Earl D. THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS 117 Silver Circle }g CITY [J COUNTY [J OTHER LOCAL AGENCY [J STATE CITY COUNTY Edgewater Volusia NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED " May 5, 1986 City of Edgewater NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE City Council, City of Edgewater WHO MUST FILE FORM 4 This form is for use by any per~on serving o'n either ~n 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. PART 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 TO THE 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) WITH IN 15 DA YS AFTER THE VOTE OCCURS 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 May 19 * , 19 ~: *Vote done at May 5,1986 meeting changed to abstention at May 19, 1986rneetinJ. (a) I abstained from voting on a matter which (check one): ~ 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. CE FORM 4 - REV. 10-84 PAGE I ('b) The measure on which I abstainedQ the nature of my interest in th~ measure is '->OIlOWS: Rezoning of Caldwell property which is abutting Silver Ridge Subdivision, where I am a resident. rh~ - 19/ /1rc. Date Filed $AJ ~ r!?-ryL 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), Florida 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 i~ retained is required to disclose the nature of his interest as a public record in Part B below within IS 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 (IS) 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 I 12.3 17 (I 983l. 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 $5.000. CE FORM 4 - REV. 10-84 PAGE 2