Loading...
01-06-1986 - Regular (.) Q CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 6, 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 Dr. Tee of the Edgewater Union Church gave the invocation. There was a salute to the Flag. PROCLAMATION RE: RUTH GARVEY RETIREMENT Mayor Baugh read the proclamation and then presented it to Ruth Garvey. Chief Schumaker read the inscription and presented a plaque to her in appreciation for her outstanding service since 1971. Council members and the City Clerk extended their best wishes to her. PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: Ord. 85-0-28 Amending Chapter 19 of Code implementing water and wastewater systems capital charge adjustments for 1986 - Mayor Baugh suggested a motion to recess the regular meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-28 - City Attorney Alvarez read this Ordinance. ORD. 85-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES ,OF THE CITY OF EDGEWATER BY AMENDING ORDINANCES 83-0-19 AND 84-0-15 AS FOLLOWS: BY DELETING THE DEFINITION OF EQUIVALENT LIVING UNIT THROUGH THE CHAPTER AND ADDING EQUIVALENT RESIDENTIAL UNIT FOR THE WATER AND SEWER SYSTEMS; BY INCREASING THE WATER CONNECTION CHARGES FROM $270.00 TO $320.00 AND FROM $375.00 TO $500.00; BY INCREASING THE WATER AND SEWER SERVICE IMPACT FEES FROM $650.00 AND $689.00 TO $1,000.00 RESPECTIVELY; AND BY ESTABLISHING A TWENTY-FIVE (25%) PER CENT IMPACT FEE SUR CHARGE OUTSIDE THE CITY LIMITS; CON- TAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADVERTISEMENT FOR THIS ORDINANCE AS REQUIRED BY LAW. Mayor Baugh asked for public input. Frank Opal, Florida Shores, reviewed newspaper articles he'd read regarding the raising of impact fees. He said the recommended increase of $1,000 a year isn't enough to finance the burden and isn't enough of a raise. Mayor Baugh requested a motion to adjourn the Public Hearing and go back into the regular meeting. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-28 - Councilman Asting moved to adopt the ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of December 16, 1985 - Councilman Inman moved to approve the minutes of December 16, 1985. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. u o MISCELLANEOUS Mrs. Frank Opal, Pine Tree Drive, asked who ordered Chief Schumaker to pick up Councilman Asting in Orlando and asked if Daytona Beach wasn't good enough. She asked if they have limousine service. Councilman Rotundo replied that Council gave approval for this. Mrs. Opal asked if they'd met in private. Councilman Rotundo said they talked about it in the office. Mayor Baugh clarified they did not meet in the office. Mrs. X Opal asked why they had to go to Orlando and Mayor Baugh replied it was the only place to get a flight in and this was City business. Mrs. Opal stated they knew a month ago that it would be then. Mayor Baugh replied they did not. John Gross, 404 Riverside Drive, asked City Attorney Alvarez what the setback line is for the side of a house in Zone 1. Dennis Fischer, Building Official, replied from the audience that it's 10 feet. Mr. Gross asked if it's been changed and Mr. Fischer replied no. Mr. Gross said he's being asked to go back 30 feet. Mayor Baugh clarified that's in the rear setback. Mr. Gross displayed some meeting agendas with signatures from various agencies and said he was given permission by them. He displayed a sketch of where his house is to be located and said the Corps of Engineers gave him permission to build and if he's forced to a 30 foot setback, there will be a problem. Mayor Baugh pointed out the setback along Riverside Drive is later on the agenda. Mr. Gross then asked if he would be able to discuss it again at that time and Mayor Baugh replied he could if the Council members had no objection, or if not, he can request it be on the agenda at a later meeting. Mr. Gross said he's trying to get his permit to start right now and the 30 feet is a problem, and a 10 foot setback line shouldn't be forced to set back 30 feet. Mr. Fischer clarified the side is 10 feet and rear is 30 feet for setbacks. Robert Christy, 1916 Evergreen Drive, spoke on the condition of Evergreen and Fern Palm between 19th and 442. He said D.O.T. replaced the culverts in that area and sent traffic down Evergreen. He recommended that Council send a letter to D.O.T. informing them that the City just repaved those streets and they're now using them as a highway and are destroying the hard top. Mayor Baugh asked if the culvert was replaced and Mr. Christy said now it is, but it was over a month. Mr. Christy again asked that the State be notified to reimburse the City for the cost of the damage to 19th Street where the manhole covers are. Mayor Baugh asked how long it's been and Mr. Christy replied about a month, and they were filling in a hole at 442 going west and had to do it more than one time. Mayor Baugh said he'd have Earl Copeland look at what's been done and he can advise if they need to write a letter, and then he'd let Mr. Christy know. Henry C. Scherz, 1011 Egret Court in Pelican Cove West, spoke as the President of Pelican Cove West Homeowner's Association. He said he's gone to Council, Board of Adjustments, and Planning and Zoning regarding a situation in Phase I. He noted that homeowners are denied building permits for screen rooms because the builder didn't build according to the Code. He said they were told there would be a rezoning to R-4A for Phase I to comply with the 8 foot setback. He stated that R-4 is a County Code, and not a City Code. He asked when Council will accept the recommendation of the City Attorney, and asked if the City knows they continue to build in Phase I. He referred to one house that has about 12 foot of rear setback. He said that Don Bennington told him they couldn't do this because they don't have all the information. He also said he brought this up about 2~ years ago, and stated that everybody should have to abide by the City's regulations. He asked permission for people in Pelican Cove West Phase I to get permits from the Building Official, pending any legislation. City Attorney Alvarez said a possible solution was arrived at and it was agreed as to concept but it takes times to put the mechanics into effect. City Clerk Martinez said they were waiting for information that they now have, but they have to submit it to Council and then the City Attorney can draw up the ordinance. Mr. Scherz stated that Planning and Zoning appears to be dragging their feet because some people may not be on the Board. He noted he couldn't meet with the Building Official but he'd met with the builder who created these problems. He asked if Planning and Zoning could have a special meeting. City Clerk Martinez said she'd check, and she pointed out that the month of January is for zoning changes and then there can't be another request until March. Mayor Baugh asked them to call a special meeting to get the information back to Council to have it for the next regular meeting. -2- Council Regular Meeting Minutes January 6, 1986 w o MISCELLANEOUS (Continued) Bill Muller, 17 Wildwood Drive, stated that Council authorizes Police vehicles for use outside of Police business and asked if the vehicles are fully insured for a private citizen outside the City of Edgewater. Mayor Baugh replied it was for a Councilman and they are fully covered by City insurance. Frank Opal, Florida Shores, stated that the City Attorney should instruct Council about Chapter 112 regarding the Standards of Conduct of public officers, employees, and board members. Mr. Opal then spoke on the January 2nd article in the News and Observer regarding the Building Official's complaints of not having enough staff to deal with code enforcement. He referred to excerpts in the article and said that the June letter was silly and stupid and he didn't repeat it in subsequent budget meetings. He said the Building Official was more interested in the pending increase in his salary. He also said he doesn't have enough work to do to keep him busy and now he wants a planner, and a fire marshall or assistant. He referred to the former Building Officials and spoke about the good job they'd done. Mr. Opal said there's a request on the agenda from someone who wants a section of land given to him called Plaza Lane, and asked if it's the same property Chuck Hamel fought for and won. He said previous Councils rejected this request as being out of line, and it's another attempt to hoodwink the Council and give them something for nothing. He said his map doesn't show a Plaza Lane. Gary Lamb, Assistant Fire Chief, stated they have an appointment with their attorney to draw up the contract and he asked if Councilor the City Attorney had restrictions to include about the usage. He noted that the City has a set of the plans. There were no additions from Council. Mayor Baugh asked if Council will get the use of the building and Mr. Lamb replied yes. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo stated that the Library Building Committee is looking for a building site for a new library in Edgewater and asked that if anyone knows of an available building site to please contact the library members or City Hall. Councilman Asting stated that on December 23rd he received a call from the City Attorney advising him he was required to appear as a witness for the City on December 27th regarding the Betts case and the only way he could get here on time for the trial was to fly. He noted that he got a flight on Christmas Day to Orlando for $278. He said he called the City Administrator to ask that someone meet him at the airport to take him to Edgewater. He added that the Betts case was rejected by the judge and he again requested transportation to the airport. He noted that the use of City transportation would save the City money because he could have hired a taxi and charged it to the City as official City business. He pointed out that it's normal for witnesses to have all expenses reimbursed when replying to a suit. He added that it spoiled his Christmas with his children and grandchildren. Mayor Baugh stated the Florida League of Cities Legislative Conference is February 6th and 7th and he'd like to attend if Council doesn't object. Councilman Prater moved to that effect. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting suggested Council get into phase two of the road paving program and suggested a special meeting this month to select those streets they want to have paved. Mayor Baugh agreed and suggested it be at the end of the month when Councilman Inman returns. Councilman Asting agreed it should be a full Council. City Clerk Martinez asked if it should be a special meeting and workshop and Mayor Baugh agreed. -3- Council Regular Meeting Minutes January 6, 1986 " u u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports - City Attorney Alvarez stated he'd be responding to an item later on the agenda. City Clerk Reports - City Clerk Martinez stated that the Public Works Depart- ment has requested authorization to purchase a used 1975 Truxmore refuse truck, less the engine, for a price of $3,000. She noted they're in rather an emergency situation due to a breakdown in the packing device in the rear of the substitute truck they're using. She stated that Earl Copeland located a used vehicle, and the new one that's on order has left North Carolina but is broken down en route. Mayor Baugh asked if this is the one Mr. Copeland needs and City Clerk Martinez replied it's exactly what he needs and the packing unit sells for about $2)500 plus there are tires and rims and he'll completely strip the vehicle of all usable parts and then have it as a backup truck. Councilman Prater moved to grant him the permission to buy this truck. Councilman Asting seconded the motion. Councilman Inman stated he'd talked with Earl Copeland about this vehicle and the parts will more than pay for the unit. Motion CARRIED 5-0. Building Official's request to purchase pick up truck under State bid - City Clerk Martinez read the December 31, 1985, memo from Dennis Fischer. Councilman Asting moved to authorize the Building Official to buy this truck. Councilman Inman seconded the motion. Motion CARRIED 5-0. Library Board recommendation to reappoint two (2) Board members (expired terms)- Mayor Baugh recommended they reappoint these two. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board recommendation to rezone small area between Live Oak, Knapp, and N.Ridgewood from B-5 to B-3 - Mayor Baugh asked if he sees any problems with this and City Attorney Alvarez replied none. Councilman Rotundo so moved to grant it. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for a motion to have the City Attorney draw up the necessary ordinance. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board recommendation to amend Sect. 602.02 (d)(2), rear yard setbacks in R-IA zoning along Riverside Drive - Councilman Prater moved to TABLE this section for lack of information. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez asked if they want this to go back to Planning and Zoning for more information and Mayor Baugh recommended it. Parks and Recreation Board recommendation for ceremony for donation of memorial flag for City park - City Clerk Martinez stated that the lady has requested a formal presentation of a flag to the City and they don't have a flagpole where she wishes it. She suggested that Council invite the lady to come to the next Council meeting to present her flag to Council and then Council can hold it for when there's a location. There was a discussion about the location of the flags and flagpoles. Councilman Inman asked that when they accept a flag in honor of the two people listed, that there be a stipulation that the flag is also flown for all the other veterans who gave the supreme sacrifice for their county and not just two individuals. Mayor Baugh pointed out that it states other veterans on the memo. Councilman Inman stated that the two people named are veterans. COMMUNICATIONS East Volusia Mosquito Control District re: authorization to make low level spray flights - Mayor Baugh stated that this was granted in 1985 and he requested a motion to authorize that the same letter be sent with a different date. Councilman Inman moved to grant this request from Mosquito Control. Councilman Prater seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes January 6, 1986 ~ o o COMMUNICATIONS (Continued) Harold Breuilly request that Alvarez Lane west of Hubbell Street be released to adjoining lots - City Attorney Alvarez reviewed the history of this matter. He said in 1982 the Council vacated the so called street, which isn't a street, but just a grassy area with big trees growing in it, and it's never been used as a street. He added that it's a paper street appearing only in the plat. He said in 1983 one of the property owners on the other side challenged this and said he was not notified, so therefore, the property was not vacated. He said Section 112 of the Charter requires that a resolution of intent be adopted to vacate a street or alleyway and it was not done, so it was thrown out when it went to court. He pointed out the City and the Department Heads went on record that there was no use for it. He said if Council wishes to agree to this, the procedure in the Charter will be followed. Councilman Asting moved to proceed with vacating the property in question between the two property owners, with necessary notices sent out, and have a public hearing and necessary procedures followed. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Fiscal Information, Inc. re: updates/additions to present computer system - City Clerk Martinez read her memo of December 30, 1985. Mayor Baugh asked if it's the people who they contracted with to take care of the computer and City Clerk Martinez replied yes. Councilman Asting asked if it's the same company they bought Murphy from and City Clerk Martinez replied yes. Councilman Asting moved to authorize the purchase. Councilman Inman seconded the motion. Mayor Baugh questioned the bidding procedure and City Clerk Martinez explained it's a sole source supplier and updating of our current equipment. Councilman Asting advised the audience that Murphy is the name of the City's present computer. Motion CARRIED 5-0. Mayor Baugh asked how long it will take and City Clerk Martinez replied about three months. Elk Ladies request to have street carnival in parking lot adjacent to cemetery (new location and dates) - City Clerk Martinez stated that this was approved previously but it has extended the time limit permitted and they've selected new dates and to be located at the cemetery. Councilman Asting questioned the parking spaces and City Clerk Martinez replied it's a large piece of property and there will be Police assistance requested. Mayor Baugh asked for a motion to allow them to have this. Councilman Asting moved this be turned over to the Chief with any problems he might foresee in handling traffic and parking. Lieutenant Britain, from the audience, said there will be a problem if it's very big but perhaps they could utilize school parking when they determine the size of the carnival. Councilman Prater seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS ORD. 86-0-1 Amending Ord. 85-0-5, Management Benefits - City Attorney Alvarez read this Ordinance. ORD. 86-0-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ORDINANCE NO. 85-0-5, THE MANAGEMENT PAY PLAN AND BENEFITS ORDINANCE BY PROVIDING THAT ANY DECREASE IN SALARIES OR BENEFITS SHALL BE BY ORDINANCE AFTER PUBLIC HEARING AND THAT SALARIES AND BENEFITS RECEIVED BY MANAGEMENT EMPLOYEES, IF LESS THAN THOSE RECEIVED BY OTHER CITY EMPLOYEES, SHALL BE INCREASED ACCORDINGLY BY RESOLUTION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Ordinance 86-0-1. Councilman Asting seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes January 6, 1986 o <.) UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:03 P.M. Minutes submitted by: Lura Sue Koser " ~ r ~-C>d ATTEST: k~~A'__ 7'('1 ~~~~ ,(~. ~UNCILMAN - ZONE FOUR ~ ~DL'fj.~ CITY CLERK " &.- . Approved this3~-uay of ~ ,198{, MAJst -6- Council Regular Meeting Minutes January 6, 1986