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12-01-1986 - Regular " , o o CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 1, 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 David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Father Biegler, St. Paul's Episcopal Church, gave the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the Council meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING - SECOND & FINAL READING & ACTION: Ord. 86-0-35 Opting out of Volusia County impact fees - City Attorney Alvarez read this Ordinance. ORD. 86-0-35 - AN ORDINANCE EXEMPTING ALL AREAS WITHIN THE CITY LIMITS OF EDGEWATER, FLORIDA, FROM THE LEVY AND COLLECTION OF ROAD IMPACT FEES IMPOSED BY VOLUSIA COUNTY, FLORIDA, PURSUANT TO VOLUSIA COUNTY ORDINANCE 86-6; CONTAINING FINDINGS OF FACT; EXEMPTING ALL AREAS WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER FROM THE APPLICATION OF VOLUSIA COUNTY ORDINANCE 86-6; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for citizen input. Frank Roe, 2732 Juniper Drive, asked if this could legally be done and Mayor Baugh replied that they believe so or they wouldn't be working toward this. Mr. Roe asked if they'll have to go to court over it and City Attorney Alvarez replied that it's possible. Mr. Roe asked if other cities were involved in this opposition and Mayor Baugh replied that he believes they are. Mr. Roe suggested they all work together if it goes to court so it will be less expensive. Mayor Baugh assured him they'll be talking with other cities. Mayor Baugh asked for Council comments and there were none. Mayor Baugh requested a motion to close the Public Hearing and go back to the Council meeting. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting of November 24, 1986 - Councilman Asting moved to adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh questioned if Councilman Mitchum should have voted since he was sworn in at the end of that meeting and it was agreed there was no problem. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 5-0. o o MISCELLANEOUS Frank Roe, 2732 Juniper Drive, stated this Council was a wonderful Council and that's why they got elected was because they worked together. He said there are some people trying to make trouble and they're saying the Council had met in secret and are going to vote in a new Vice Mayor. He stated he supported everyone, including Councilman Mitchum, and he hopes this Council will work together like in previous years. C. E. Clark, 1818 Evergreen, spoke on his problem with structures on the neighbor's property. He referred to the height, method of installing, lack of permits, etc. He showed photos of the structures and the work that was done without a permit. He said he understands there was a stop work order done, but the man doesn't care if he finishes it or not. He added that the man now keeps his yard mowed because of pressure from the Code Enforcement Officer. He asked Council to consider this to see what can be done. Mayor Baugh noted that he'd looked at this and it's an eyesore, and it was done without a permit. Pat DiLeva, 2121 Kumquat, Assistant Code Enforcement Officer, stated he'd checked out the junk car and the building that Mr. Morris was building, and advised him the car had to be moved in ten days. He added that Mr. Morris told him it would be moved in two days. He explained that he and Mr. Fischer went to the site and put a stop work order on the building. He read the letter that would be sent, and said they're handling it. Councilman Prater asked about the time limits to have it pulled down and Mr. DiLeva said it's mandated by the Codes, but where there's a safety factor, as this is, they'll order him to take it down. Mayor Baugh asked that the Council get a copy of the letter that Mr. Fischer sends out and the response. Councilman Asting asked if they send the letters by certified mail and Mr. DiLeva replied that all letters go certified and it's ten days from the date they sign the green card. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh stated that Barbara Patterson, secretary to Vic Vandergrifft, contacted him and Civil Defense no longer handles the needy boxes, but they'd still like to put boxes around for people to drop off canned goods or whatever, and they'll make them up for the needy. He said they're asking Council if they have any objection to putting it out front. Councilman Prater moved to that effect to put it out there and Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated he'd be items elsewhere on the agenda. City Clerk Reports - City Clerk Martinez requested Council's to cut a check for the members wishing to attend the Volusia Municipalities dinner at the Daytona Hilton on December 11th Ponce Inlet. Councilman Asting moved that the check be cut. Mitchum seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that for the past several years gift certificates have been purchased for City employees, and if Council wishes to continue this, a motion is necessary for the amount. She added that in the past City Hall has been closed at noon on Christmas Eve, December 24th, also. Mayor Baugh suggested that in lieu of the gift certificate and the half day before Christmas, that they close on Friday after Christmas to have the four days off. He requested a motion to that effect. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. commenting on authorization League of hosted by Councilman City Clerk Martinez stated that Jack Ascherl was in to see her recently and advised the group hospitalization and life insurance premiums have been reduced to quite an extent, effective today, and it's about $18.00 for the employees with $5,000 life insurance and $18.37 for those with $10,000 life insurance. She said because of the reduction in the rates, she'd recommend that Council continue with Bankers Life for another twelve months and a motion would be necessary. Councilman Asting so moved. Councilman Prater seconded the motion. Councilman Mitchum questioned if this was done by bid, and City Clerk Martinez replied it was done initially, but with the decrease in premiums based on the experience rate, she's recommending they not go out for bids at this time. Councilman Mitchum asked the figure compared to last year and City Clerk Martinez replied it's $18.00 a month for every employee, but not all employees have dependent coverage or full family coverage. Mayor Baugh asked if other people had been contacted about health insurance and City Clerk Martinez replied no. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes December 1, 1986 o o COMMUNICATIONS M.A.D.D. Volusia County's request for cooperation in securing County-wide law re: open containers in unincorporated areas and incorporated munici- palities - Mayor Baugh stated other counties have adopted the open container ordinance, and they're asking for the City's support to get one for Volusia County and they need an answer before December 4th. He said he doesn't know the definition for open container, and he'd recommend turning it over to the City Attorney to meet with them prior to December 4th to see what it's all about, and if it meets with his expertise, they could allow him to give the County their backing. Councilman Prater asked the City Attorney if he's had any experience with this. City Attorney Alvarez said he was involved in the preparation of an open container ordinance, and it was quite a job in order to pinpoint all the loopholes regarding the laws. He pointed out that there was still criticism and questions were raised about people being penalized in cars, but not the people walking down the streets. He said he's not aware of what the County ordinance covers, and Council could go on record as supporting the restriction of drinking in vehicles, and if the County ordinance needs to be changed, or if they adopt an ordinance at a later date, they could discuss it with the Police Department, since they'll be enforcing the ordinance. Mayor Baugh suggested a motion to go ahead and support this and let the Attorney give them a copy, and go on record of supporting or not supporting it. He asked that the City Attorney get them a copy of the ordinance. Councilman Asting moved on that recommendation by the Mayor. Councilman Prater seconded the motion. Councilman Mitchum asked if the City Attorney is to be at the 9:30 Council meeting if it meets with his legal opinion and Mayor Baugh replied yes, and they're supporting the concept, and he can make his suggestions to them. City Attorney Alvarez pointed out that with the Charter amendments in the County, they may have the power to adopt a County-wide ordinance. Mayor Baugh said they won't go to the incorporated areas until they have permission from the municipalities. Motion CARRIED 5-0. City Attorney Alvarez said he'll review the County ordinance and bring it back to Council with any comments and then they'll have an ordinance for legislation and debate. Councilman Rotundo asked if we can add something to our ordinance for the Police Department, if it's passed with the County, and City Attorney replied yes. Ogil Reed's request to cross buffer strip on 35th Street - City Clerk Martinez read the November 24th letter from Mr. Reed. Ogil Reed, 123- 28th Street, stated this lot is between Sabal and Royal on the south side and is south of 35th Street. He said he just wants to cross the buffer for building purposes. Councilman Prater pointed out it will be about the same as they did for the Dyetts on November 17th, and the City Attorney could state the requirements. He said they need the legal description and the survey is to show the location of the driveway and the building, and they have to sign an agreement to that effect that will be recorded in public records. Mr. Reed said he understands that. Councilman Asting asked about the wording on the sketch that it will be a building residential and/or barn. Mr. Reed replied that it's A-I zoning and he's authorized to build a barn on that land as far as the County is concerned, and he'll have to get a permit if he puts the barn in. Mayor Baugh asked if it will be after he builds the house and Mr. Reed replied that he may build the barn first. Mayor Baugh pointed out they're just concerned with the planting strip, and there's a 40 foot right of way that'snotopen. He asked if that's a dedicated street. There was a discussion about the location of the right of way that's listed as Park Street on the sketch. City Clerk Martinez pointed out they'd have to cross Park Street also. -3- Council Regular Meeting Minutes December 1, 1986 o o COMMUNICATIONS (Continued) Ogil Reed's request to cross buffer strip on 35th Street (Continued) - Mayor Baugh expressed his concern that the agreement is that it only be used for a driveway and it cannot be used as a street, and if they open up Park Street, it will be an entrance. Mr. Reed said they'll have to make sure the agreement reflects that, and if Park becomes an open right of way in the future, they'll rescind that crossing. He added that they built a house west of this. Mayor Baugh said that was prior to this Council, and this Council drew up the agreement that if it's used for something other than a driveway, they'll close it off. Mr. Reed said he'll have to check this out further. Mayor Baugh said he has no problem with it, and it could be a part of the agreement. Councilman Rotundo suggested the Attorney study Park Street and 35th Street prior to granting it, and they can come back another time when it's straightened out, and he made that a motion. Mayor Baugh suggested it be a part of the agreement they presently have. Councilman Rotundo agreed. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh said they'll have this on the next agenda so there's a chance to check it out. Lynne Plaskett, Planning Assistant/Grant Administrator, said she has a copy of a plat and there's a 40 foot right of way there on all the lots and a 6 foot planting buffer. She said it's an approved plat recorded in Deland and she can provide a copy. Mayor Baugh suggested she get it to the Attorney. Holly L. Reny's request that train whistles be prohibited from blowing between 10PM and 6AM - Holly Reny, 606 Old County Road, stated that she passed a petition around and got over 250 signatures of concerned citizens who would like to see the train horns stopped between 10PM and 6AM. Councilman Prater questioned if stopping the whistles will cure the noise because some go through very noisily. Ms. Reny said the whistles are what wake up her child every night. She pointed out there are safety gates at every crossing in Edgewater. Councilman Prater expressed his concern because of the self-insurance.if they stop the signals and an accident occurs. Ms. Reny pointed out that they don't blow the whistles in New Smyrna Beach and Daytona. Councilman Prater requested comments from the City Attorney. City Attorney Alvarez pointed out they had a similar request about two years ago, and there was some difficulty with the carriers regarding liability at that time. He agreed that New Smyrna Beach and Daytona have ordinances, but added that they may have a lot more money than we do. He suggested they get input from the administration about the experiences in Daytona as to how it helped, or not helped, and look at the insurance aspect, and then come back to Council with a recommendation. Mayor Baugh asked if they'd be liable if they stopped the whistles and then there's an accident. City Attorney Alvarez said he'd be disappointed if they didn't pursue it. He suggested it might be an area-wide approach with Planning and Zoning in the act. Mayor Baugh asked the City Clerk to look into this and get copies of other cities' ordinances. There was a discussion about the type of signals used. City Attorney Alvarez suggested they find out the railroad's regulations. Ms. Reny said she'd talked with the railroad personnel and was told they can blow it as long as they want and anywhere and anytime as long as the City doesn't have an ordinance against it. City Attorney Alvarez said they need to find a way to regulate the time and hours and still leave some leeway for safety purposes. Ms. Reny noted that FEC trains have big lights that are kept on at night and they're only supposed to go so fast, and her next project is to get them to slow down. Mayor Baugh pointed out that there's a long open stretch there. Councilman Mitchum asked that they check the speed limit also, and Mayor Baugh said the speed limit is set up. Councilman Asting suggested they incorporate it. City Attorney Alvarez said that City Clerk Martinez can meet with Mr. Wyckoff to see what can be done and to work with us. -4- Council Regular Meeting Minutes December 1, 1986 . ' o o ORDINANCES AND RESOLUTIONS Ord. 86-0-36 Amendment to City of Edgewater Comprehensive Development Plan - City Attorney Alvarez read this Ordinance. ORD. 86-0-36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO ~163.3l84, FLORIDA STATUTES, ADOPTING AN AMENDMENT TO THE CITY OF EDGEWATER'S COMPREHENSIVE PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Ordinance. Councilman Prater seconded the motion. Councilman Mitchum questioned if this ordinance amendment is the one the City Attorney advised Council not to issue at the November 17th meeting and City Attorney Alvarez replied yes. Councilman Mitchum asked for further information. City Attorney Alvarez explained that the Volusia County Charter has been amended and one adopted by the voters and passed on November 4th is to the effect that a County-wide planning commission will be established and all amendments to the Comprehensive Plans will have to go before that commission. He pointed out that the commission will not be set up and operational until early next year, but in the meantime the County Attorney issued an opinion that the Charter amendment was effective on the day of adoption, November 4th. He added that pre-empted the cities from adopting any amendments to the Comprehensive Plans unless they're determined by the commission to be in proper order. He said he cautioned them because he didn't know the reaction of the County if they went ahead. He noted that the time is to the benefit of the developer and Council made the decision. He said there was a workshop on the 25th and there will be another meeting on the 9th, at which time the County Attorney and Charter Review Commission legal advisory committee, plus other city attorneys and developers' attorneys, will be present to determine the strength, and to agree or disagree as to whether it will effective on November 4th. Councilman Mitchum asked if they're setting themselves up from a legal standpoint as to going through all of this again. City Attorney Alvarez replied that this will annex and zone the land in question, and they will be faced with the issuance of a building permit, and then the ball will be in the County's court to seek injunctive relief. He added that he suspects at that time, the developers will come forward since they have a primary interest, as opposed to the City's picking up the tab. Mayor Baugh said if they don't do this, they'll be behind time on the Comprehensive Plan. City Attorney Alvarez said they have 60 days to adopt the Plan by Statutes, but if the amendment is in effect as of November 4th, they're no longer under State law, but are under the Volusia County Charter. He added that in conversations with the County Manager, he indicated he's finding a mechanism for developers to proceed without an unnecessary hindering process. He added that this is first reading of this Ordinance. Motion to adopt the Ordinance CARRIED 4-1. Councilman Mitchum voted NO. City Clerk Martinez and City Attorney Alvarez stated the Public Hearing and actual adoption of the Ordinance will be on December 15th at 7:00 P.M. in the Community Center. Res. 86-R-60 Adopting Comprehensive Emergency Management Plan - City Attorney Alvarez read this Resolution. RES. 86-R-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes December 1, 1986 o o ORDINANCES AND RESOLUTIONS (Continued) Res. 86-R-6l Establishing salaries for City Clerk/Administrator and Department Heads - City Attorney Alvarez read this Resolution. RES. 86-R-6l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, ESTABLISHING SALARIES FOR THE CITY CLERK/ADMINISTRATOR AND DEPARTMENT HEADS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo stated that the Parks and Recreation/Buildings and Grounds Superintendent's salary is not in line with other Department Heads and he'd like to recommend that they add $2,000. to this salary, and he made that a motion. Councilman Asting seconded the motion. Councilman Prater agreed it's not with the other departments, but the others have a lot more responsibility and that's what counts. Councilman Asting said he thinks the Parks and Recreation Department's done a good job for the City and they constructed the addition to City Hall. He said now they've completed this project, they'll develop the recreational parks. Councilman Rotundo pointed out that department saved the City thousands of dollars by doing the work themselves with the addition, picnic areas, and concession stands at the ballfields, and he thinks Dave Garrett deserves that raise. Motion CARRIED 3-2. Councilmen Prater and Mitchum voted NO. Councilman Asting moved to adopt Resolution 86-R-6l. Councilman Rotundo seconded the motion. Councilman Mitchum asked if this is a raise for all of them and Mayor Baugh replied yes. Motion CARRIED 5-0. Res. 86-R-62 Appointing Vice Mayor and Acting Mayor - Councilman Rotundo nominated Councilman Asting as Vice Mayor. Councilman Asting seconded the nomination. Councilman Mitchum nominated Councilman Prater as Vice Mayor. Roll call for Councilman Asting as Vice Mayor CARRIED 3-2. Councilmen Prater and Mitchum voted NO. Councilman Rotundo nominated Councilman Prater as Acting Mayor. Councilman Prater nominated Councilman Rotundo as Acting Mayor. Roll call on Councilman Prater as Acting Mayor CARRIED 3-2. Councilmen Prater and Asting voted NO. City Attorney Alvarez read this Resolution and inserted the names of Councilman Asting as Vice Mayor and Councilman Prater as Acting Mayor. RES. 86-R-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING A VICE MAYOR AND AN ACTING MAYOR OF THE CITY OF EDGE- WATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 86-R-63 Authorizing officials for bank account signatories and access to safety deposit box - City Attorney Alvarez read this Resolution, inserting the names of the Mayor, Vice Mayor, Acting Mayor, City Clerk/Administrator, and Deputy City Clerk. RES. 86-R-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING CERTAIN DESIGNATED OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO BE AUTHORIZED SIGNATORIES ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA, AND FURTHER AUTHORIZING SAID OFFICIALS SUCH ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked if the safety deposit box is in New Smyrna Beach and City Clerk Martinez replied yes, but in March it will be moved to Edgewater. -6- Council Regular Meeting Minutes December 1, 1986 o 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 Councilman Asting so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes submitted by: Lura Sue Koser F P ~ EXCUSED eM;;E T~L- COUNCILMAN - ZON~R {I'd ATTEST: Approved this 15th day of December 198 6 MAY? t?i- ~ -7- Council Regular Meeting Minutes December 1, 1986