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02-12-1986 - Regular o Q CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 12, 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 Reverend Harvey Hardin, retired minister of the Edgewater Methodist Church, gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of February 3, 1986 - Councilman Inman moved to approve the minutes of February 3, 1986, as written. Councilman Asting seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Mayor Baugh stated that the bills will be submitted at the February 20th meeting of Council. Councilman Asting moved that two items be brought up for action at this time, Report on the future Library site, and the item under Communications from Mr. Racca, President of Eastern Shores. There were no objections from Council regarding this action. NEW BUSINESS Report on future Library site - Councilman Asting moved that they have a special meeting between the Council, members of the Library Committee,and the Library Board to discuss the sites that the Committee has looked at. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting suggested the meeting be convenient for members of the Board and Committee. Mayor Baugh suggested it be in one week, on February 19th. Councilman Asting asked Mrs. Garthwaite, President of Friends of the Library, if that would be convenient. Mrs. Garthwaite, 10 Lee Drive, pointed out that the Friends of the Library have a meeting at 7:30 that night in the Library. Mayor Baugh suggested the Council meet at 6:00 P.M. and then the Friends' meeting could be at 7:30 P.M. There was no objection from Council members as to that date and time. COMMUNICATIONS Ralph A. Racca, President of Eastern Shores Mobile Village Homeowners re: noise levels of A-I Truss Co. - Councilman Asting asked the City Attorney to comment on this item. City Attorney Alvarez pointed out that he'd seen a letter from one attorney to another regarding Eastern Shores and the A-I Truss plant and there's a circuit court case filed by Eastern Shores. He said he spoke to both attorneys and the attorney for A-I Truss had no knowledge that this item was on the agenda and strongly objected to the Council being involved in this matter based on litigation going on. He also pointed out that State Statutes which set up the Code Enforcement Board stipulate that any aggrieved person by actions of this Board has the recourse to go to circuit court. He referred to a previous case with the Board regarding neighbors' dispute. He said he doesn't see what Council can do at this time with the litigation going on and the comments of the attorneys. Councilman Rotundo moved to TABLE this for further study or another time. Mayor Baugh suggested it be indefinitely until litigation is resolved. Councilman Rotundo agreed it would be indefinitely. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o MISCELLANEOUS An unidentified man from the audience asked to speak on this subject and Mayor Baugh refused, based on the City Attorney's previous comments. The man said he feels Council is doing a whitewash job and there's no tie in with the suit and they're a separate complaining body. He said 76 people were involved in this complaint. Paul Henry, 1429 Needle Palm, spoke on special assessments for paving. He reviewed the County's procedure of notification and the paving process. He presented a petition signed by residents of the 1400 and 1500 block of Needle Palm and stated that they didn't want to pay for paving separately from normal taxation unless it's a proven fact that they'll grade it and have adequate irrigation and will be sufficient. He stated that Florida Shores pays the burden for most of what's being done because they're over the $25,000 value. He said this isn't a direct benefit, and everyone is aware that the contractor didn't do the job the way he should. He spoke on the fact that there are more people now and tax rates should go down. He said the City should have bought the used equipment of the County when the County bought the new equipment. He suggested Council reconsider and take a different approach to special assessments and let the people know and get signatures on petitions. Councilman Asting pointed out that the past Council took a survey of the people in Florida Shores and the majority wanted their streets paved, especially those between Indian River Boulevard and 30th where the dust problems are so bad during the dry season. He also said that the City has the same equipment that the County does and the County is still paving its own streets, and using the same method that the City is now using. He suggested they delete Needle Palm from Mango Tree to 12th if they don't want their street done. Mr. Henry referred to a semi-closed meeting held last year which he attended. Mayor Baugh pointed out the meetings are not semi-closed. Mr. Henry said they used the Edgewatergram for the survey but that wasn't legal and they should have come to Council with a petition requesting their streets be paved. City Attorney Alvarez questioned where that requirement is and Mr. Henry replied that Volusia County told him that and he thought it was from the State. City Attorney Alvarez stated that in the last four years they have done three paving projects and what Mr. Henry is referring to is not applicable to Edgewater but it's a County ordinance which the County must follow because it's a Charter County. He added that Edgewater follows Florida Statutes 170. and he can furnish him a copy and the legal decisions on this same point. He suggested Mr. Henry come to City Hall to see the resolutions that have been adopted and to see if there's any discrepancy. There was further discussion between the City Attorney and Mr. Henry regarding the County ordinance and Florida Statute 170. Mr. Henry suggested they might rewrite an ordinance or resolution for this City. Mayor Baugh questioned how people are assessed twice and Mr. Henry said he can't quote names but this was 20 years ago and now they're paying again. City Clerk Martinez pointed out if it's another address they could pay at the other address. Mr. Henry said special assessments are a one-time issue. Mayor Baugh clarified it's for one address. Councilman Asting moved that Needle Palm between Mango Tree and 12th Street be deleted from the paving list, based on Mr. Henry's comments. Councilman Prater seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting moved that Council add Orange Tree from 16th to Indian River Boulevard for paving. He said he's had telephone calls from people on that street who want it paved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez did not have a report at this time. -2- Council Regular Meeting Minutes February 12, 1986 o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports - Councilman Asting stated he'd received a memo from the Building Department regarding a drainage problem that exists on Royal Palm adjacent to Lot 1704. He said a new house is being constructed and according to County requirements the contractor has to build the land up by 36" higher than the adjacent house which will cause drainage problems in the rainy season. Dennis Fischer, Building Official, displayed a diagram which showed how the County arrives at their findings. He reviewed how the County determines the heights from tests they perform. He said he's requiring homes under construction with elevation of over 1211 to gutter their homes with a system designed to run the excess water out to the swale and ditch line. Councilman Asting pointed out that if they provide adequate guttering directing the water out to the swales, that should help. Mr. Fischer said they can grass and berm and swale, and overflowing of new homes to older homes can be reviewed by the engineers. He said the new County engineer will come down and talk to our engineer about this, but the overall picture needs to be looked at. Councilman Asting asked if septic tank require- ments are State or County laws and Mr. Fischer said it's a County rule super- vised by State law. Councilman Asting moved that they send a letter to the Governor and also other legal representatives in the State Legislature asking for some kind of relief or study that could overcome some of the difficulties they have when new homes are built. Mr. Fischer suggested the Volusia County Health Department would be a good place to start. Councilman Asting agreed they could have a copy of the letter. Councilman Prater seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 86-R-8 Appointing Ruth Garvey to Merit Board - City Attorney Alvarez read this Resolution. RES. 86-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT 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. He stated the term of appointment is to end June 3, 1986. Councilman Asting moved to approve the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res.86-R-9 Appointing Billy Klein and reappointing George Quaggin to Planning and Zoning Board - City Attorney Alvarez read this Resolution. RES. 86-R-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER AND REAPPOINTING ONE MEMBER TO THE PLANNING AND ZONING 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 stated the terms of appointment are for three years to end February 13, 1989. Councilman Asting moved to approve the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-lO Reappointing Douglas Cole and Fred Vanzin to Building Code Board - City Attorney Alvarez read this Resolution. RES.86-R-lO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING FRED VANZIN AND DOUGLAS COLE TO THE BUILDING CODE BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the terms of appointment are for four years to end February 16, 1990. Councilman Rotundo moved to appoint these two members. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 86-R-ll Authorizing appropriate officials to execute documents with Sun Bank of Volusia County for $750,000 loan for water improvement program - City Attorney Alvarez read this Resolution. RES. 86-R-ll - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS WITH SUN BANK OF VOLUSIA COUNTY FOR A $750,000 LOAN FOR THE WATER IMPROVEMENT PROGRAM PAYABLE OVER A THREE-YEAR PERIOD AT A FIXED RATE OF INTEREST OF 6.7%; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 86-R-ll. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes February 12, 1986 .. o o ORDINANCES AND RESOLUTIONS (Continued) Res. 86-R-12 Reappointing Jose' B. Alvarez as City Attorney - City Attorney Alvarez read this Resolution. RES. 86-R-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONTINUING A PROFESSIONAL SERVICES AGREE- MENT WITH JOSE B. ALVAREZ, CITY ATTORNEY, AS PER THE TERMS AND CONDITIONS IN THE PRESENT AGREEMENT AND RESOLUTION NO. 82-R-54; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to approve the Resolution. Councilman Prater seconded the motion. Mayor Baugh questioned if a precedent is, being set because there areabout six months left on the present Resolution. City Attorney Alvarez noted that this was discussed at the last meeting and they concluded the resolution should be brought to this meeting. Mayor Baugh said that if this is done now, then the other people on contracts, such as the engineers, could come up at any time. City Attorney Alvarez pointed out this was the wishes of Council, and it's not a legal question. Motion CARRIED 4-1. Mayor Baugh voted NO. Res. 86-R-13 Appointing Lawrence F. Schumaker as Chief of Police - City Attorney Alvarez read this Resolution. RES. 86-R-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING LAWRENCE F. SCHUMAKER AS PERMANENT CHIEF OF POLICE FOR THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to accept Resolution 86-R-13. Councilman Asting seconded the motion. Councilman Inman asked to amend the motion, paragraph 3 to read "at a salary of $24,500" instead of the $22,500. Councilman Asting seconded the amendment. Councilman Inman explained the reason he proposed this increase in salary is that the Chief has a subordinate at the present time who is making $270 more than the Chief is making as the Reso- lution is drawn up and that doesn't include overtime. He also said that two supervisors who work for the City make more money than the Chief of Police and other supervisors got a 5% increase in 1985 and 4% in 1984 and the Chief's position didn't receive this. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. City Attorney Alvarez stated that the Resolution is adopted as amended on the floor and it shall be noted on the original and initialed by each Council member. Councilman Prater asked the effective date and City Clerk Martinez replied that it's stated in the Resolution. Res. 86-R-14 Declaring intent to vacate 5 foot utility easement, Lot #17, Silver Ridge Sub. - City Attorney Alvarez read this Resolution. RES. 86-R-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE A FIVE FOOT UTILITY EASEMENT IN LOT #17, SILVER RIDGE SUBDIVISION, REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He noted that this was requested by Attorney Woods at the last meeting. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 86-0-4 Vacating 5 foot utility easement, Lot #17, Silver Ridge Sub. - City Attorney Alvarez stated this is first reading and read the Ordinance. ORD. 86-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A FIVE FOOT UTILITY EASEMENT IN LOT #17, SILVER RIDGE SUBDIVISION, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 86-0-5 Rezoning from B-5 to B-3, West of Ridgewood Avenue and south of old WinnDixie Shopping Center - City Attorney Alvarez read this Ordinance. ORD. 86-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE l66.04(c)(I) AND SECTION 11.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING A PORTION OF B-5 ZONING BOARDED ON THE WEST BY LIVE OAK STREET, ON THE SOUTH BY KNAPP AVENUE, ON THE EAST BY NORTH RIDGEWOOD AVENUE, AND ON THE NORTH BY THE OLD WINN DIXIE SHOPPING CENTER, FROM B-5 TO B-3; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Ordinance 86-0-5. Councilman Prater seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes February 12, 1986 {) Q UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS This item was acted upon earlier on the agenda, at the request of Councilman Asting. (See page 1 of these minutes) Mrs. JoAnne Sikes, 125 Palm Way, asked to speak to Council and no Council member objected. Mrs. Sikes presented a copy of the guidelines given to them from the County for the Library land location. City Attorney Alvarez thanked Mrs. Sikes for her assistance in the discussions they have had regarding the possible sites for the Library. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Inman moved to adjourn. Councilman Prater seconded the motion. Meeting was adjourned at 8:00 P.M. Minutes submitted by: Lura Sue Koser ATTEST: iZILMAN - ~ E AA.ul) _<, OU CILMAN -- zoll' .'5 ~ COUNCIL - -aE THREE ~.u)~~- OUNCILMAN - ZONE FOUR CI Y CLERK . "J Approved thls~aay i:!fj 198~. 1F' -? ~ j~ ~ -5- Council Regular Meeting Minutes February 12, 1986