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10-20-1986 - Regular .1 ~ . ,... , (.) iJ CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 20, 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 Kenneth Zimmerman, Edgewater Methodist Church, gave the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the regular meeting and into the public hearing. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 86-0-31 Amending Appendix A, Zoning, Section 70l.0l(c) by deleting definition of sign - City Clerk Martinez read this Ordinance. ORD. 86-0-31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 70l.0l(c) PROHIBITED SIGNS AND SIGN LIGHTS, BY DELETING THE DEFINITION OF SIGN FROM SECTION 70l.0l(c); 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 asked for comments from the audience and there were none. Ord. 86-0-32 Amending Appendix A, Zoning, Section 606.02(d)(1), setting 6 ft. high fence requirement, Highway Service Business District - City Clerk Martinez read this Ordinance. ORD. 86-0-32 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 606.02(d) (1), BY SETTINGAMINIMUM SIX (6) FOOT HIGH FENCE REQUIRE- MENT; 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 asked for comments from the audience and there were none. Ord. 86-0-33 Amending Chapter 11, Occupational Licenses, Taxes and Regulations, Section 11-3 re: penalty fees - City Clerk Martinez read this Ordinance. ORD. 86-0-33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 11, OCUPATIONAL LICENSES, TAXES AND REGULATIONS, SECTION 11-3, BY IMPOSING A TEN PERCENT PENALTY FEE FOR THE FIRST MONTH OF DELINQUENCY AND A FIVE PERCENT PENALTY FEE FOR EVERY SUBSEQUENT MONTH, NOT TO EXCEED A TOTAL 25 PERCENT PENALTY OF THE AMOUNT OWED; 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 asked for comments from the audience and there were none. Mayor Baugh requested a motion to close the public hearing and go back into the regular Council meeting. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 86-0-31 Amending Appendix A, Zoning,Section 70l.0l(c) by deleting definition of sign - Councilman Asting moved to adopt the Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 86-0-32 Amending Appendix A, Zoning,Section 606.02(d)(1), setting 6 ft. high fence requirement, Highway Service Business District - Councilman Prater moved to adopt Ordinance 86-0-32. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 86-0-33 Amending Chapter 11, Occupational Licenses, Taxes and Regulations, Section 11-3 re: penalty fees - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. .U u o APPROVAL OF MINUTES Special Meeting of September 29, 1986 - Councilman Rotundo moved to approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of October 1,1986 - Councilman Inman moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 5-0. Public Hearing of October 2, 1986 - Councilman Rotundo moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO because he was not present at that meeting. Regular Meeting of October 6, 1986 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO because he was not present at that meeting. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Betty Roberts, 4647 Van Kleeck, spoke representing the First Baptist Church of Edgewater. She read a letter from the Pastor, Steve Odom, to Mrs. Gayle Harmon, Librarian. (City Attorney Alvarez arrived at the meeting during this portion of the meeting, 7:16 P.M.). The letter expressed the appreciation for the valuable service by the Library to the city and its residents. There were old Bibles presented to the Library. Mayor Baugh asked the age of the Bibles. JoAnne Sikes, 125 East Palm Way, Edgewater Historian, referred to a date of 1827 entered into the Bible. She said these will be in the Library and will be encased in the acid-free boxes the City got for them. Councilman Asting asked if they have a glass case and Mrs. Sikes replied no. Mayor Baugh thanked them. Gayle Harmon, Librarian, thanked them on behalf of the Library and its patrons, and she pointed out they have a collection of historical books and materials and this will be added. She also thanked him for the kind words and prayers expressed in his letter. Mrs. Viola Plisco, 2520 Needle Palm, stated her street was picked with the other four and then it was tabled and she asked if it will be taken off the table. Mayor Baugh replied yes. Mrs. Plisco said someone on the north side where the street is paved stopped them from having their street paved and she doesn't think it's fair. Mayor Baugh suggested they get a petition from people on the street and if a higher percentage want it paved than don't want it paved, it will be highly considered in the paving program. Yvette Hull, 160 Charles Street, said she came in to get her City license as a painting subcontractor and was told she needs a surety bond. She said they carry enough insurance and are an established business. Mayor Baugh said he saw the insurance certificate and it's with American States Insurance. City Clerk Martinez pointed out the Code requires a surety bond. Ms. Hull said she was granted a City license before and they have one in New Smyrna Beach and they had an occupational license in Brevard County the last four years and have now moved to this area. She said she talked to the insurance agent and he told her it's not worth it. City Clerk Martinez asked the location of the business and Ms. Hull said they store their paint in Titusville. Mayor Baugh said they just want a license to operate in the City limits. There was a discussion about the location of their worksites. City Attorney Alvarez suggested they refer this to the City Administrator, and she'll get the information. City Clerk Martinez suggested that Ms. Hull contact her the next morning. -2- Council Regular Meeting Minutes October 20, 1986 \ o o MISCELLANEOUS (Continued) - Frank Opal spoke on the 5.80 tax rate which he stated was not needed. He said the man on Old County Road was proven right and he was unable to help him because of his condition. He said he's practically disabled but attended a meeting last Tuesday evening in Florida Shores and found himself much better. He stated money was found this year that had been misplaced. He said 18% increase in taxes drew the greatest criticism from taxpayers. He said all the Council should be thrown out of office for shirking their obligations to the honest taxpayers. He referred to the former Safety Director who drew $300 a month. He advised that he's contacting the man on Seabreeze Boulevard. He said that Tom Sheridan came to his senses and talked about the City fathers spending money on projects that were not worthwhile. Ken Zimmerman, 111 Lamont Street, voiced his opposition to the Constitutional amendments to allow casino gambling and state-sponsored lotteries. He asked Council's support to oppose these. He referred to some of the problems when gambling is allowed, such as: attracting organized crime, accellerated street crimes, driving away the family tourists, displacing the elderly, increasing property values and raising taxes, additional police protection needed and that cost will far exceed the revenues, preying on the weak and elderly, and killing legitimate business. He then spoke on the lottery, pointing out that money for education can only be earmarked for two years for that item. He noted that 22 states have lotteries and they only produce 1% of what's needed, and the lottery takes from the poor and gives to the rich. He challenged the Council to make a public statement against casino gambling and state lottery by signing the two resolutions he put before them, and also the citizens were challenged to vote on November 4th against these amendments. Mayor Baugh advised him that this will be turned over to the City Attorney. Mr. Zimmerman asked that he be kept informed and Mayor Baugh agreed he'd do so. Pat Williams, New Smyrna Beach, asked for Council's support for a resolution for a group called Yes for Parks to adopt Proposition 1. She pointed out this is the only referendum on the ballot of the County that's not a charter amendment. She stated this is a method of financing with a very small increase in millage of a quarter mil for financing the purchase of land for parks for Volusia County. She asked that if the Council is in favor of this that they make personal statements of endorsement to the press. She presented a model drawn up by Attorney Clay Henderson, who is on the committee, and which was adopted by Daytona last week. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Inman reminded the audience that there is a primary election the following day from 7 AM to 7 PM. Councilman Inman referred to incidences in Las Vegas regarding casino operations. Mayor Baugh stated he received information from Emmett Ross, Chairman of PACT, and the City of New Smyrna Beach, regarding opposition to all five proposals on the referendum that will be coming up November 4th. He read the memo from Mr. Ross to all mayors, which enclosed a flyer that stated their opposition. He noted there's a meeting on Thursday and they're going to take it up then to say no against all five. Councilman Asting moved that the Council express its intent to oppose the amendments that will be on the November 4th ballot by resolution drawn up by the City Attorney. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez had no reports at this meeting. -3- Council Regular Meeting Minutes October 20, 1986 '. Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Martinez stated that as of December 1st the health insurance coverage the Council recently adopted for retirees to comply with federal regulations goes into effect and the retirees will pay the premiums. She said the law allows us to charge a 2% surcharge for the paper work. She noted that five people have retired since the law was applicable and all have rejected it because of the extreme cost of the policies, but in the event someone takes it, she's recommending the policy of a 2% surcharge be added. She requested a Council motion to implement this. Councilman Asting moved to go along with the City Clerk/ Administrator's recommendation. Councilman Rotundo seconded the motion. Councilman Rotundo asked if this will be added to the premiums and Mayor Baugh replied yes, for the City's paper work. Motion CARRIED 5-0. City Clerk Martinez stated that they inadvertently left Gayle Harmon's name off the list when the Library Construction Committee was formed and she requested a Council motion to include her name as a voting member of the Library Construction Committee. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Police Department - request to purchase two patrol vehicles - City Clerk Martinez read the October 14th memo from Chief Schumaker in which he requested permission to purchase two patrol cars from Jim Peacock Dodge at State bid prices, for a total of $10,513.15 for each vehicle. She pointed out that they budgeted $10,500.00 for each vehicle so the small difference would come out of another line item. Councilman Asting asked if funds are available at this time and City Clerk Martinez replied that she cannot certify funds are available today but it will probably take 3 to 4 months minimum and at that point the ad valorem taxes will be in. Councilman Asting moved that they authorize the Police Department to go with the State bid on these vehicles. Councilman Inman seconded the motion. Councilman Inman questioned rainshields on the list of options and if they are on the side windows and Chief Schumaker replied yes. Councilman Inman asked about emergency lights on the top and Chief Schumaker replied they're separate. Councilman Inman asked if they're on hand or if they have to buy them and Chief Schumaker replied they have to buy them. Motion CARRIED 5-0. Fire Department - request to send out for bids to refurbish tanker truck 15 - City Clerk Martinez read the October 1st memo from Mr. Pat DiLeva, Adminis- trative Chief, requesting permission to go out for bids to refurbish the tanker truck at a cost of approximately $40,000.00. Councilman Prater moved to grant his request. Councilman Asting seconded the motion. Councilman Rotundo asked if the money is in the budget. Chief Lamb came forward and stated that it's budgeted through the County and they need a letter from the City Clerk because the contract is drawn up with the City, and not the Fire Department, and they'll give them the contract money up front with a letter. Motion CARRIED 5-0. Parks & Recreation Board - request to change by-laws re: regular meeting dates - City Clerk Martinez read the memo from the Board secretary, Dorothy C. Garrity, which advised that the Board, at their October 8th meeting, passed a motion to change the regular meeting dates from the second Wednesday of each month to the first Wednesday. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Councilman Inman asked if the Community Center is available for that date and City Clerk Martinez replied that they'll have the Council chambers in City Hall and this small board could use it, or the Shuffleboard building. Motion CARRIED 5-0. Industrial Development Board - Resignation of Clarence Gnau and Resignation of Darwin Schneider - Mayor Baugh noted they have copies of the resignations. Councilman Asting moved to accept the resignations of Clarence Gnau and Darwin Schneider and send them a letter of appreciation for their service on one of the City's most important advisory boards, the Industrial Develop- ment Board. Councilman Inman seconded the motion. Mayor Baugh asked that they mention his appreciation and that of Council for the Industrial Develop- ment Days they helped to develop. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes October 20, 1986 ~ u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Civil Defense - proposed Comprehensive Emergency Management Plan - Vic Vandergrifft, Civil Defense Director, introduced Mr. Lee Barnett, Deputy Director for the County. Councilman Asting said he didn't read it completely yet but it seems to be very good. Mr. Vandergrifft stated it's standard operations procedures and it doesn't change anything in any department, but the Plan, when adopted by resolution, will be accepted by the County and State. Councilman Asting moved to TABLE this for further study by the Council and bring it back for approval after they've had a chance to digest it. Mayor Baugh asked the time frame it has to be and Mr. Vandergrifft replied as soon as possible because they're not operating with a plan now. Councilman Rotundo seconded the motion. Mr. Barnett noted that it will have to be adopted by resolution. Motion CARRIED 5-0. Mayor Baugh stated it looks like a good plan and they'll bring it up as quickly as possible to get it adopted, just in case they have an emergency. COMMUNICATIONS Duane and Cindy Lovell - request to vacate City property at dead end of 23rd on Silver Palm - City Clerk Martinez read the October 13th letter from Duane and Cindy Lovell. Councilman Rotundo asked Fire Chief Lamb if there's water behind the lots on Silver Palm. Mrs. Lovell said there's a pond there. Councilman Rotundo questioned the access in case of fire. Mrs. Lovell said the only thing behind the property is the pond. Chief Lamb said they'd go back with a brush truck. There was discussion about access to that area. City Clerk Martinez stated that she'd talked with Utilities Superintendent Terry Wadsworth and this could possibly be a lift station or pumping station site in the future if water and sewer gets in the back of Florida Shores. She pointed out that it's City owned now. Councilman Prater moved to TABLE this for the Department Heads to take a look and study it to see what they want to do because he doesn't know that much about it. Mayor Baugh agreed he wants feedback from Department Heads and the City Attorney. Councilman Rotundo seconded the motion. City Attorney Alvarez pointed out that the Council is considering multi-million dollar improvements in Florida Shores to provide drainage, sewer, and paving, and with that plan, this piece of property that has no apparent value now may become crucial in terms of design of different stations, etc. Motion CARRIED 5-0. Edgewater Postmaster - request to place trailer behind present Post Office - City Clerk Martinez read the October 10th letter from Postmaster Armando Olvera, requesting permission to place a trailer in back of the present building for approximately three years. The letter stated there will be only electric hook up, and no water. Mayor Baugh asked what type trailer this will be and Mr. Olvera replied they're special made for overgrown post offices and it's now located in Jacksonville and is 14 by 44. Mayor Baugh asked if it's on wheels and Mr. Olvera replied yes. Councilman Asting asked if it will be put on blocks and Mr. Olvera replied yes. City Clerk Martinez asked if they leave the wheels on it and Mr. Olvera replied that he thinks so, and they just put a cover over them. Councilman Prater noted that they'll just be working up mail routes there and he asked if mail will be left there at night. Mr. Olvera replied no, plus they have to have two doors for a fire escape on one end. Mr. Olvera stated that space is at a premium and there are nine routes in the building now and they're planning 1989 for the new post office. Councilman Asting asked if they know the location and Mr. Olvera replied between Park Avenue to the south city limits and between the river and railroad tracks. Councilman Prater asked if this land is leased now and Mr. Olvera replied yes, and it runs out in 1989. Councilman Prater asked if the trailer will be on leased land also and Mr. Olvera replied yes. Councilman Asting asked if they own the present building and Mr. Olvera replied no, it's leased, but they'll own the new one and it will be about 20,200 square feet. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Councilman Inman questioned the tree removal on the drawing and Mr. Olvera explained the necessity due to the turning radius for the large mail trucks. Councilman Prater noted this is for a three-year term and Mayor Baugh agreed. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes October 20, 1986 . u Q ORDINANCES AND RESOLUTIONS 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 PRO- VISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Prater moved to adopt Ordinance 86-0-34. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to have the City Attorney draw up the necessary resolution to set these fees. Councilman Inman made that a motion. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 86-R-48 Authorizing appropriate officials to execute agreement for professional services with Gerken, Upham, Smith, Architects and Consultants, Inc. - City Attorney Alvarez read this Resolution. RES. 86-R-48 - A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH GERKEN, UPHAM, SMITH, ARCHITECTS AND CONSULTANTS, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 86-R-49 Approving and confirming findings of equalizing board at 10/6/86 Assessment Hearing - City Attorney Alvarez read this Resolution. RES. 86-R-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING AND CONFIRMING A FRONT FOOT ASSESSMENT ROLL PURSUANT TO A PUBLIC HEARING HELD ON OCTOBER 6, 1986, WHEREIN THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MET AS AN EQUALIZING BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO GIVE AN OPPORTUNITY TO THE OWNERS OF THE PROPERTY TO BE ASSESSED, OR ANY OTHER PERSON INTERESTED THEREIN, TO APPEAR BEFORE COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS AS TO THE COSTS THEREOF; THE MANNER OF PAYMENT THEREFOR; AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Rotundo 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 Prater so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:25 P.M. Lura Sue Koser -r if-, Minutes submitted by: i1 \', o NCI MA - ZO WO COUNCI~N~~REE kt~~ -uJ~,-~, c:9PUNCILMAN - ZONE FOUR Lf-~ ~ fr Approved this 3rd :&:erd198- -6- Council Regular Meeting Minutes October 20, 1986