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11-03-1986 - Regular f o <) CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 3, 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 Arrived Later 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. Mayor Baugh requested a motion to go Hearing. Councilman Inman so moved. City Attorney Alvarez arrived at the Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: from the regular meeting to a Public Councilman Asting seconded the motion. meeting at this time, 7:04 P.M. Ord. 86-0-29 Rezoning Fong property from R-l to B-3 - City Attorney Alvarez read this Ordinance. ORD. 86-0-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF A PORTION OF U.S. LOT 7, SECTION 2, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING EASTERLY OF AND ADJACENT TO U.S.HIGHWAY NO.1, WITHIN THE CITY LIMITS OF THE CITY OF EDGE- WATER, FROM ITS PRESENT ZONING CLASSIFICATION OF R-l TO B-3, PROVIDING THAT THE OFFICIAL ZONING'MAP OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE AMENDED TO REFLECT THIS CHANGE IN ZONING; CqNTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for Council comments and there were none. Mayor Baugh then asked for audience comments. Paul Laub, 108 Palm Breeze, asked if they're going to change it from R-l to multi-family and Mayor Baugh replied that they're only talking about the front section to B-3 for business district. Mr. Laub asked if it's single family or multi-family and Mayor Baugh replied that B-3 is business district. Mr. Laub pointed out that when it was originally annexed, it was for single family only and now they want to take 200 feet frontage on U.S.l and make it commercial. City Attorney Alvarez explained the legislative process for rezoning. Mr. Laub asked if the rear part of the property will still be zoned R-l and Mayor Baugh replied yes. Mr. Laub stated that he personally objects to this because when all the property develops adjacent to their area, the traffic will be terrible and they have two commercial lots at the head of the lots. He said he brought two letters from those who couldn't attend. He added that six people also object to it. (Note: Letters were not presented for official City records.) Ord. 86-0-34 Establishing tree removal permit fees (site plan only) - City Attorney Alvarez read this Ordinance. ORD. 86-0-34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV, TREE PRESERVATION AND PROTECTION, SECTION 14-56, APPLICATION FOR TREE REMOVAL PERMIT BY ALLOWING THE CITY COUNCIL TO ESTABLISH THROUGH RESOLUTION TREE REMOVAL PERMIT FEES FOR SITE PLANS ONLY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for Council comments and there were none. Mayor Baugh then asked for audience comments and there were none. Mayor Baugh requested a motion to adjourn the Public Hearing and go back into the regular Council meeting. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. " . ~ o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 86-0-29 Rezoning Fong property from R-l to B-3 - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 86-0-34 Establishing tree removal permit fees (site plan only) - Councilman Inman moved to adopt Ordinance 86-0-34. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked to move item 6.F. regarding the Fire Department up to this point on the agenda and no Council member had an objection. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Fire Department-request to order two (2) portable radios from Motorola - Councilman Asting moved to grant the permission to order the portable radios. Councilman Inman seconded the motion. Motion CARRIED 5-0. Fire Department - New officers for 1987 - Mayor Baugh asked Mr. Pat DiLeva, Administrative Fire Chief, to introduce the new Fire Department officers. Mr. DiLeva introduced Chief Gary Lamb, Assistant Chief Larry Carson, himself as Administrative Chief, advised Captain Robert Main couldn't be present because he's moving, Sr. Lt. Danny Taylor, Lt. Tracy Barlow and his twin brother Lt. Trevor Barlow. He pointed out that all of these men are rescue personnel also. Mr. DiLeva then advised the Association officers are: himself as President, Vice President John Cory who is working, Secretary Ray Shambora who is down at the Cape, and Treasurer Steve Hardock. Mr. DiLeva then introduced the President of Rescue, Terri Cunningham. Ms. Cunningham came forward and introduced the officers as: Vice President Sue Webster, Secretary Beverly Hunt, and Treasurer Frances Olds. Mr. DiLeva thanked Council and the Administrator for their help in the past. He said they had a lot of problems and the Council and Administrator were willing to help and listen. Mayor Baugh asked for a motion to accept the recommendations and the new officers of the Edgewater Volunteer Fire Department and Rescue Squad. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting of October 14, 1986 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of October 20, 1986 - Councilman Prater moved to adopt the minutes of the regular meeting of October 20th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of October 22, 1986 - Councilman Inman moved for approval of the minutes of the Special Meeting of October 22, 1986. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS John Gross, 404 N. Riverside Drive, stated that he has documentation that indicates blackmail to him. He presented a letter to the Mayor, and asked if the City had authorized this. Mayor Baugh questioned what it was. Mr. Gross said the Corps of Engineers made him an offer, and he was going to contest it, and they suggested he make the changes and they'll negotiate. He said he called about a motion to survey the wetlands and then it was tabled. He said the City authorized the survey. He stated the documentation he presented to get permission had disappeared from the files. He said he stood in Upham's office while he changed Cory's survey to adjust it in the manner that would satisfy this request and it was removed and isn't in the files now. He added that the only thing in the file now is a survey showing his house in the wetlands which shows where it actually is. He said the survey was done by Lucas and he was forced to accept what the Corps of Engineers said because he couldn't negotiate and had no possibility of doing anything because he couldn't get a permit if he didn't accept it. -2- Council Regular Meeting Minutes November 3, 1986 o o MISCELLANEOUS (Continued) John Gross (Continued) - City Attorney Alvarez pointed out that he'd never seen the documentation and with no paperwork in front of them, he suggested it go to the Adminis- trator who can look into it and provide the Council and his office with the background and information, and then list it on the agenda. Mayor Baugh asked Mr. Gross to get the information to him. Mr. Gross stated that he wants someone to investigate it. Mayor Baugh asked that he get the information to the City Clerk and then the City Attorney will look at it and they'll come back with a recommendation of how to handle it. Mr. Gross stated that he has substantiating documentation. John Siburn, 123 East Connecticut, asked about the 4~ tax on gas of about three years ago when they settled for 2~. He said he heard they only collected l~. Mayor Baugh stated that they got 2~ gas tax and the City gets l~ of that,which is divided 12 ways. Mr. Siburn asked how much they've received in the last three years and City Clerk Martinez replied they've budgeted $120,000 for the 9/30/86 fiscal year and have received $105,000 through August. Mr. Siburn said he thought the money was to be used for paving roads. There was a discussion about the amount thought to be received. Mayor Baugh stated it was used for paving. Billy Klein, 2910 Needle Palm, stated that on August 21st the Planning and Zoning Board made a recommendation that a letter be sent to Council regarding the tree preservation and protection ordinance that was not being enforced. He said he understood the Council didn't get a copy of that letter. Mayor Baugh stated that he didn't receive anything. Mr. Klein asked that this be looked into when the Planning and Zoning Board made the recommendation on August 21st and in November they still haven't received a letter addressed to them. Mayor Baugh asked if there was a motion made and Mr. Klein replied there's a discrepancy in lost tapes or it was erased, but it was a recommen- dation and it was done in shorthand by Jan on the last part where the motion was made and he has a copy of the verbatim where it was discussed. Mr. Klein stated the ordinance isn't being enforced and he'd like to know why. Mayor Baugh said he'd check into it, and will check the tape and the minutes. Mr. Klein then asked about the letter sent pertaining to the gas that was not a legal opinion. He said it was sent to Planning and Zoning and the Board of Adjustment regarding the use of the word "may" and "shall". City Attorney Alvarez stated that there was no letter. Mr. Klein said a letter was given to Planning and Zoning with the understanding that it was from the City Attorney and with his initials on the bottom. He added that it was also discussed at Board of Adjustments. City Attorney Alvarez explained that he's referring to a piece of paper that's not even a memo but it was his thoughts on the issues and legal matters that he had a secretary dictate over the phone to the Planning and Zoning assistant for her benefit. He said he later learned that an attorney was saying that it was a legal opinion, but he doesn't issue a legal opinion without his full signature. Mr. Klein said the Planning and Zoning Board received a copy of his thoughts with the understanding that it was from the City Attorney and he thinks it's a forgery of his initials, and it should be looked into and appropriate action taken. Mayor Baugh said he'll check into it. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh reminded the audience that the next day is election day and urged them to vote. -3- Council Regular Meeting Minutes November 3, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)- City Attorney Reports - City Attorney Alvarez stated they received a request for the vacating of a certain portion of the right of way north of the City which is now the old Strand and it's from Mr. and Mrs. Jones, who are in the audience tonight. He suggested that this go to Department Heads and the Engineer per Chapter 112. He said he's looked into the matter and he has seen some documents on it. Mayor Baugh suggested it be turned over to the Department Heads through the City Clerk to come back in the form of a recommendation of what can be done at the north city limits. City Attorney Alvarez said he'll send copies of his report and sketches of the survey in question so the Department Heads will know just what they're referring to. Mayor Baugh advised Mrs. Jones of the procedure. Mrs. Cindy Jones, 346 North Riverside Drive, asked what documents they need to provide. City Attorney Alvarez noted that the documentation is in his office and it will go directly to the City Administrator and she will handle it with the Department Heads because it involves a City right of way, and the Police, Fire, water and sewer, all have to reply regarding the impact, plus the City Engineer's comments are needs about widening of Riverside Drive. He added that the Council will make a decision based on the recommendations. Mrs. Jones asked if they'll have publication, etc., and City Attorney Alvarez replied it's per Chapter 112 of the Charter which sets the requirements, and if the procedure isn't followed, the title will be no good. City Attorney Alvarez noted that Council had received copies of the written order on the Betts lawsuit. City Clerk Reports - City Clerk Martinez presented to the City the Government Finance Officers Association Certificate of Achievement award for excellence in financial reporting for the fiscal year ending September 30, 1985. She pointed out this is the third consecutive award and without the qualified staff that the City has, this wouldn't have been possible and she thanked all involved. Mayor Baugh thanked her and turned it back over to her to hang it up with pride as very few cities received it. City Clerk Martinez stated that they recently acquired an application for a State level grant from D.C.A. which would assist the City with approxi- mately $17,000 of the expenses to update the Comprehensive Plan. She said a Council motion is necessary to proceed and fill out the necessary documents. Mayor Baugh recommended they authorize this be done. Councilman Inman so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that in the essence of time, a motion would be necessary to authorize the City Attorney to prepare a resolution to authorize the necessary signatures on the documents involved. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Police Department - request to purchase two (2) Motorola radios on State bid - City Clerk Martinez read the October 27th memo from Chief Lawrence Schumaker, in which he requested permission to purchase two Motorola radios at the State bid price of $2,349.40 per unit. Mayor Baugh asked if it's the same type he got the last time and Chief Schumaker replied they're more modern and they can put eight channels in. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Police Department - request to purchase 1986 Dodge Diplomat on State bid - City Clerk Martinez read the October 27th memo from Chief Schumaker in which he requested permission to purchase a 1986 Dodge Diplomat from Jim Peacock Dodge in Daytona Beach, Florida. There was a list of options included for a total of $622.00, and the grand total of the vehicle, with options, would be $10,125.00. Councilman Asting moved to the authorize the Chief to purchase this vehicle. Councilman Inman seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes November 3, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Public Works Department - request to go out for bids for new refuse truck - City Clerk Martinez read the October 24th memo from Mr. Earl Copeland, Public Works Superintendent. He requested to go out for bids for a new refuse truck, and stated that the item was budgeted at $55,000.00. Councilman Prater moved to grant him his request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Fire Department - request to order two (2) portable radios from Motorola and New Officers for 1987 - These items were handled earlier in the meeting. (See page 2 of these minutes). COMMUNICATIONS Volusia League of Municipalities - selectton of representative to speak for City - City Clerk Martinez read the note to all cities regarding a representative to be named. Councilman Asting moved that the Mayor be appointed to speak to the Volusia League of Municipalities for the City. Councilman Prater seconded the motion. Motion CARRIED 5-0. Y.M.C.A. - request for possible Board members re: future Southeast Volusia Y.M.C.A. - City Clerk Martinez read the October 16th letter from Mr. Wayne Bostic, General Director of the Y.M.C.A. Mayor Baugh suggested that Mr. David Garrett will be the one from the City to be on this board. Councilman Asting pointed out they'll have more than one and he recommended David McCallister to serve, if he's available, and he asked City Clerk Martinez to contact Mr. McCallister to see if he's available. Mayor Baugh suggested if they have any other names, or if people from the audience have names to submit, that they give the names to the City Clerk. Mr. John Gross, from the audience, submitted his name, and Mayor Baugh asked him to submit a memo. Councilman Rotundo suggested Dr. Roland Bazin. Mayor Baugh suggested they find out how many they want and then we'll submit the names. Volusia County Public Employees' Association - Supervisor's unit re: contract ratification - City Clerk Martinez read the October 28th memo from Mr. Jon Kindell, President. Councilman Asting moved to accept the contract. Councilman Rotundo seconded the motion. Councilman Rotundo then asked Councilman Inman if this is agreeable to him. Councilman Inman replied that there are two items that he hasn't checked for wording, one regarding uniforms,but he thinks they can work it out. City Attorney Alvarez said if there were only two items that weren't initialed, then the action that Council takes at this meeting would be pending, and it needs to be identified for the record. City Clerk Martinez noted that the wording on the sick leave for other than the employee is the other item. Councilman Inman said he doesn't have an initialed proposal on the wages but they accepted it as we presented it. Mayor Baugh requested an amendment to reflect about the two open items. Councilman Rotundo made that a motion. Councilman Inman seconded the motion. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Volusia County Public Employees' Association - General Employees Unit re: contract ratification - City Clerk Martinez read the October 29th memo from Mr. Jon Kindell, President, and she pointed out that the same two items, uniforms and the language for sick leave other than the employee, were not initialed. Mayor Baugh requested a motion to that effect that those two items have not been totally closed but the rest of them have been. Councilman Rotundo moved to accept this ratification with the items to be initialed. Councilman Prater seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes November 3, 1986 o o r COMMUNICATIONS (Continued) - Sid Corhern - request to submit construction drawings for interior demolition and alterations on house at 109 W. Knapp to be converted to dental offices - City Clerk Martinez read the October 29th letter from Mr. Sid Corhern, Architect. Mayor Baugh asked City Attorney Alvarez if he has a problem with this request. City Attorney Alvarez asked if the dental offices are a permitted use and Mr. Corhern replied yes. City Attorney Alvarez asked if there will be no use changes and Mr. Corhern replied that the house was vacant and was a residence, but they don't see any problem with having dental offices, and they're not asking for the dental offices at this time, but the ability to do the work in the building. Councilman Asting stated that he doesn't see any problem with this and he moved that the request be granted. Councilman Rotundo seconded the motion. Mr. Corhern explained the current procedure when someone wants to do interior alterations. Councilman Rotundo asked if he'd still have to go through Planning and Zoning and City Clerk Martinez replied yes. Mr. Corhern again stated they are trying to do some interior work to a building and they're not doing any work on a dental office and the owner knows he doesn't have the legal right to have his dental practice until he goes through all the procedures. City Clerk Martinez asked the date when it's on the Planning and Zoning Board meeting agenda that he'll be attending and Mr. Corhern replied he thinks it's November 20th. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 86-0-35 Opting out of Volusia County impact fee - 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 APPLI- CATION OF VOLUSIA COUNTY ORDINANCE 86-6; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. He stated they have a similar ordinance that was adopted on an emergency basis and this is the same ordinance with first reading, and maybe after the next day, it will be moot. Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Councilman Asting stated that he sees no reason why the County should come into the City and collect impact fees and then spend the money for road improvements outside our City limits in various County locations. Motion CARRIED 5-0. Res. 86-R-52 Expressing opposition to legalized casino gambling in State of Florida - City Attorney Alvarez read this Resolution. RES. 86-R-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS OPPOSITION TO THE LEGALIZATION OF CASINO GAMBLING IN THE STATE OF FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Reso- lution 86-R-52. Councilman Inman seconded the motion, and then referred to his knowledge of this subject from visiting relatives in Las Vegas. Before roll call was concluded, Councilman Prater withdrew his motion. Councilman Inman then moved to adopt Resolution 86-R-52. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-53 Expressing opposition to State-sponsored lottery in State of Florida - City Attorney Alvarez read this Resolution. RES. 86-R-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS OPPOSITION TO A STATE-SPONSORED LOTTERY IN THE STATE OF FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Councilman Rotundo asked if they'd put lotteries in Edgewater if it passes, and Mayor Baugh replied they're going on record of opposing it. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes November 3, 1986 . ~ .. '. o <J ORDINANCES AND RESOLUTIONS (Continued) - Res. 86-R-54 Expressing opposition to proposed Volusia County Charter Amendments, Numbers 1,2,3,4,and 5 - City Attorney Alvarez read this Resolution. RES. 86-R-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS OPPOSITION TO THE PROPOSED VOLUSIA COUNTY CHARTER AMENDMENTS NUMBERS 1,2,3,4, AND 5; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. 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 Inman so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 8:12 P.M. Minutes submitted by: Lura Sue Koser ATTEST: '7u~~t<1'~ COUNCILMAN ZONE HREE .~~ c:/COUNCILMAN - ZONE FOUR _._'_-_r Approved this November ,198~ ii~;5J-- -7- Council Regular Meeting Minutes November 3, 1986 ~s ~ lfJJo ~/~ ~