Loading...
08-04-1986 - Regular ~ u CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 4,1986 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 Siano, of the Edgewater Alliance Church, gave the invocation. There was a salute to the Flag. May~r Baugh requested a motion to go out of the regular meeting and go into the Public Hearing. Councilman Inman so moved, being seconded by Councilman Asting. Motion CARRIED 5-0. PUBLIC HEARINGS SECOND AND FINAL READINGS & ACTION: Ord. 86-0-18 Amending Sect.700.00, Off-street parking & loading re: paved ~~~king with change of use - This is the second and final reading of this ordinance. City Attorney Alvarez read the ordinance: ORD 86-0-18 - AN ORD- INANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SUPPLEMENTARY REGULATIONS, SECTION 700.00, OFF-STREET PARKING AND LOADING REQUIREMENTS, BY ADDING A PROVISION FOR PAVED PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience, or the Council. Ord. 86-0-19 Southern Bell franchise agreement renewal - This is the second and final reading of this ordinance. City Attorney Alvarez read the ordinance: ORD.86-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF ERECTING, MAINTAINING, CONSTRUCTING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience, or the Council. Ord. 86-0-22 Establishing City of Edgewater Public Library Building Fund- This is the second and final reading of this ordinance. City Attorney Alvarez read the ordinance: ORD. 86-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SPECIAL BUILDING FUND FOR THE NEW CITY OF EDGEWATER PUBLIC LIBRARY FACILITY TO BE CONSTRUCTED ON CITY OWNED PROPERTY, SETTING FORTH REVENUES AND EXPENDITURES FOR THE PURPOSE OF COL- LECTING AND DISBURSING ALL REVENUES AND EXPENDITURES RELATED TO THIS PROJECT, PROVIDING FOR USE OF FUNDS, PROVIDING FOR DISBURSEMENT OF FUNDS, PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE AS REQUIRED BY LAW, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience, or the Council. u u Councilman Asting made a motion to close the Public Hearing and go back into the regular meeting, being seconded by Councilman Prater." Motion CARRIED 5-0, Ord. 86-0-18 Amending Sect. 700.00, Off-street parking & loading re: paved parking with change of use - Councilman Asting made a motion to adopt the ordinance, being seconded by Councilman Inman. Motion CARRIED 5-0. Ord. 86-0-19 Southern Bell franchise agreement renewal - Councilman Inman made a motion to adopt the ordinance, being seconded by Councilman Asting. Motion CARRIED 5-0. Ord. 86-0-22 Establishing City of Edgewater Public Library Building Fund - Councilman Rotundo made a motion to adopt the ordinance, being seconded by Councilman Prater. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of July 21, 1986 - Councilman Inman made a motion to adopt these minutes, being seconded by Councilman Rotundo. Motion CARRIED 5-0. Special Meeting of July 29, 1986 - Councilman Prater made a motion to adopt these minutes, being seconded by Councilman Rotundo. Motion CARRIED 5-0. BILLS & ACCOUNTS Councilman Rotundo made a motion to pay the bills, being seconded by Councilman Inman. Motion CARRIED 5-0. MISCELLANEOUS Robert H. Christy, 1916 Evergreen Drive, spoke to the Council about the citizens of Edgewater being victims of double taxation because the City is paying for lifeguards and the County is also taxing us for lifeguards. He asked the City Attorney if there isn't a statute regarding double taxation. City Attorney Jose Alvarez discussed this with Mr. Christy, explaining the City has had lengthy discussion with the County regarding this matter and the County's final decision was that they are not going to furnish the lifeguards for the City of Edgewater. They did offer to help with the hiring and the training, but they do not want to become obligated in any other way. Councilman Asting pointed out that during the discussion with the County about the citizens of Edgewater already paying taxes for lifeguards, they stressed the fact that the Edgewater citizens use the beach also. Mayor Baugh summed up this discussion with the possibility of having another heart to heart talk with the County about this. Mercedes Hoffman,208 Lee Drive, presented a petition to the City Council regarding the rezoning of the Caldwell property. The subject of the petition is that the residents of Silver Ridge are not in favor of any rezoning that is not single family. The petition was turned over the the City Clerk/Admin- istrator for the record. Shirley Garthwaite, 10 Lee Drive, spoke to the Council about the possibility of having a left turn signal put on the traffic light at Park Avenue and U. S. 1. Mayor Baugh assured Mrs. Garthwaite that this is being looked into presently. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports There were no reports from the Council members. -2- Council Regular Meeting Minutes August 4, 1986 v v City Attorney Reports City Attorney Jose Alvarez informed the Council that he attended a meeting at the Port Orange City Hall on July 23rd, regarding the opening of the causeway. The issue is the present opening is not wide enough for the water to circulate, which is causing brackish water. This polluted water condition is moving southward. The question at hand is who pays for the work that needs to be done to eliminate the problem. He explained that the Cities attending the meeting agreed the County should pay the entire cost, with the funds held by them in the Port Authority. He wanted to make sure our Council agreed with this decision or if they wanted him to follow up with further instructions. There was conversation among the Council about this. Councilman Rotundo informed of a newspaper article about this and there is a possibility of a toll being put on the bridge. He also brought up the question of what would happen to the projects we were planning to use the Port Authority money for. Mayor Baugh explained that if they use the Port Authority money for this, there won't be any money for other projects. Councilman Rotundo made a motion to the effect that the City of Edgewater will not participate in money towards the Port Orange bridge, being seconded by Councilman Prater. Motion CARRIED 5-0. City Attorney Alvarez is to in- form the County that the City of Edgewater agrees with the other Cities. City Attorney Alvarez spoke of the communication from the Chairman of the County Council regarding the impact fee. The County Council's decision is, if the City wants to add an impact fee on top of the County's impact fee, they can do so. He informed the City Council of some of the comments that were made at the meeting he attended regarding this matter, another meeting is going to be scheduled for the municipalities to respond to the County's decision. He added, he will continue on the motion made by this Council regarding the impact fees earlier. Councilman Asting commented the City does not need the County's approval to impose our own impact. Our main objection to the County impact fee is that we feel the monies that would be collected would be spent outside our City. City Attorney Alvarez added there will be impact fees, the question is how much will go to the City's roads and how much will go to the County's roads within the City. Mayor Baugh commented all the Cities feel the same way. He asked the City Attorney to keep this Council informed. City Clerk Reports - There was no report from the City Clerk. Utilities Superintendent's request to purchase tractor on State Bid - City Clerk Martinez read a request from Mr. Wadsworth to purchase a Ford tractor, Model 1710 in the amount of $7,440.00. Councilman Rotundo Councilman Asting. made a motion to grant this request, being seconded by Motion CARRIED 5-0. Parks & Recreation Board - Resignation of Chairman Thomas L. Sheridan City Clerk Martinez reported that this resignation has gone to the Parks & Recreation Board, it is on their very next agenda and a recommendation will be made to the Council. Councilman Prater made a motion to table this until our next meeting, being seconded by Councilman Rotundo. Motion CARRIED 5-0. Safety Director Thomas L. Sheridan's resignation - City Clerk Martinez read the resignation to the Council. Councilman Asting made a motion to accept the resignation and that a letter of appreciation be sent to Mr. Sheridan for the preparation and the instal- lation of the Safety Program into our City, being seconded by Councilman Inman. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes August 4, 1986 (.) u City Clerk Martinez suggested that the Safety Director title be rotated between each department head for a two-month period. Councilman Asting stated that each of the department heads did receive good training under Mr. Sheridan and he feels this would be a solution. City Attorney Alvarez added to the suggestion that each department head make a list of all possible areas of exposure, such as an activity that the Council could review and develop a comprehensive City-wide plan for safety. City Engineer Garard Ferrara re: renewal of contract for in-house engineering services - Mayor Baugh stated this is a complete renewal of the contract with no changes made. Councilman Asting made a motion to renew the contract for another year, being seconded by Councilman Inman. Councilman Rotundo asked the City Attorney if he had reviewed the contract. City Attorney Alvarez stated this is a standard contract and no changes were made. Motion CARRIED 5-0. Councilman Asting made a motion to authorize the City Attorney to draw a Resolution and to bring the agreement and the resolution to the next Council meeting, being seconded by Councilman Rotundo. Motion CARRIED 5-0. COMMUNICATIONS City Clerk Martinez stated this item has been administratively withdrawn. Mr. Purpura will be at the next Council meeting. ORDINANCES AND RESOLUTIONS Ord. 86-0-23 Amending Chapter 12, Creating a new Section 12.4 re: discharge of firearms, weapons - City Attorney Alvarez read this ordinance. ORD. NO. 86-0-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER FLORIDA, AMENDING CHAPTER 12, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CREATING A NEW SECTION 12.4, ENTITLED "DISCHARGE OF FIREARMS, WEAPONS," BY CONTROLLING THE USE OF FIREARMS AND WEAPONS, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the ordinance, being seconded by Councilman Inman. Motion CARRIED 5-0. Ord. 86-0-24 Amending Sect. 607.00, 607.01,607.02, and 607.03, Industrial Zoning districts - City Attorney Alvarez read this ordinance. ORD. NO. 86-0-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 607.00(b) AND (d), LIGHT INDUS- TRIAL DISTRICT; SECTION 607.0l(b),(c), AND (d), HEAVY INDUSTRIAL DISTRICT; SECTION 607.02(b) AND (d), INDUSTRIAL PARK DISTRICT: SECTION 607.03(c) PLAN- NED INDUSTRIAL DEVELOPMENT DISTRICT, BY INCREASING PERMITTED USES AND BY DE- LETING SPECIAL EXCEPTIONS FROM B-1 THROUGH B-6 FROM LIGHT INDUSTRIAL DISTRICT, HEAVY INDUSTRIAL DISTRICT, AND INDUSTRIAL PARK DISTRICT: CONTAINING A REPEALER PROVISION: A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ating made a motion to adopt the ordinance, being seconded by Councilman Rotundo. Motion CARRIED 5-0. Res. 86-R-33 Reappointing Robert Garthwaite to Board of Adjustment for three- year term City Attorney Alvarez read this resolution. RES. NO. 86-R-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING ROBERT GARTHWAITE TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Prater made a motion to adopt this resolution, being seconded by Councilman Inman. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes August 4, 1986 <.J <.J UNFINISHED BUSINESS None NEW BUSINESS None ADJOURN Councilman Asting made a motion to adjourn, being seconded by Councilman Prater. Meeting was adjourned at 8:01 P.M. Minutes submitted by: Debbie Sigler Yr5 CO ILMAN - ZONE ONE ~d-1f7, ~ CO CILMAN - ZONE WO ~ ~ 7ze~~~ COUNCILMAN - VZONE THR E 9'ved , A~ -;t:v~...,--r.~____ ~~N - ZONE FOUR L/ 4~/ (/ ATTEST: ~ CITY CLERK j;Q ~da ~& , ,1986. Approved this MAYOR -5- Council Regular Meeting Minutes August 4, 1986