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12-07-1987 - Regular " ",fl .,., (J CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 7,1987 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 Liebler, St. Peter the Fisherman, New Smyrna Beach, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go from the regular meeting into the Public Hearing. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 87-0-26 Rezoning 416-418 West Park Ave. from R-3 to I-I - City Attorney Alvarez read this Ordinance. ORD. 87-0-26 - fu~ ORDIN&~CE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTES l66.04l(c)(1) AND SECTION 1100. OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING 416-418 WEST PARK AVENUE FROM R-3 TO I-I, EXCLUDING THE CITY OWNED PROPERTY; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Baugh asked for audience input and there was none. City Clerk Martinez read into the record the letter of objection from Dorothy Garrett, 412 West Park Avenue. Mayor Baugh requested Council comments and there were none. Ord. 87-0-27 Amending Sec. 13-56 by increasing donation to the Fire Department - City Attorney Alvarez read this Ordinance. ORD. 87-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 13, PERSONNEL, SECTION 13-56 "APPROPRIATIONS" BY INCREASING THE DONATION TO THE FIRE DEPARTMENT FROM $50.00 TO $150.00; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience comments and there were none. Mayor Baugh asked for Counc,il comments and there were none. Ord. 87-0-28 Amending Chapter 7, Art.III, Sec.7-70,1987 National Electrical Code - City Attorney Alvarez read this Ordinance. ORD. 87-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7, ARTICLE III, ELECTRICAL CODE, SECTION 7-70, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING BY REFERENCE THE 1987 NATIONAL ELECTRICAL CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input and there was none. Mayor Baugh asked for Council comments and there were none. Mayor Baugh requested a motion to adjourn the Public Hearing and go back to the regular Council meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-26 Rezoning 416-418 West Park Ave. from R-3 to I-I - Councilman Rotundo moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-27 Amending Sec. 13-56 by increasing donation to the Fire Department - Councilman Prater moved they adopt Ordinance 87-0-27. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Ord. 87-0-28 Amending Chapter 7, Art.III, Sec.7-70, 1987 National Electrical Code - Councilman Asting moved they adopt the Ordinance. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. . ~ u APPROVAL OF MINUTES Regular Meeting of November 16, 1987 - Councilman Prater moved they approve the minutes of November 16th. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting of November 18, 1987 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated that if there's no objection, he'd like to move up item 9.A. on the agenda re: Dyer, Riddle, Mills & Precourt presentation on the C.I.P. and also Mr. Burt Saunders is present from A. G. Edwards and he'd like to bring this up now because he has to catch a plane. There was no objection from Council. MISCELLANEOUS Burt Saunders, Vice President, Investment Banking, A. G. Edwards, Naples, Florida, expressed his appreciation for moving this up on the agenda. He reviewed what he'd done to this point in an effort to avoid arbitrage rules of 1987 to get a net earning of $35,000 per year in interest earnings over and above the interest payments on those issues. He noted their research uncovered various significant reasons to take some additional steps and do the financing next year and not proceed with the 5 million this year. He asked the City Attorney to distribute a report they prepared in conjunction with underwriter counsel, the two firms A. G. Edwards is using to analyze some of the legal questions. He pointed out that two major issues need to be resolved in the coming months for the City to proceed in an efficient and cost effective manner. He noted that the City Charter is causing concern and they're rec- ommending the Charter provisions be reviewed by the City Attorney and consid- eration be given to amending the Charter to enable the City to more effectively and efficiently engage in the financing program. He noted that he outlined the specific Charter amendments that need reviewed. He pointed out the City has four outstanding bond issues, two from 1964 and one from 1977 and one from 1978. He said there are some provisions in the bond documents that cause serious problems and it's recommended they have HUD and FHA waive some of those provisions or refund those issues with a larger issue that would include some of the programs they are planning. He pointed out those four bond issues are at a very low interest rate and they determined they could refund those issues with very little debt service cost but those rates were 5% and lower. Mr. Saunders pointed out that it will be difficult to do a cost effective program from a marketing standpoint because of those bond issues. He noted that future bond issues have to be subordinate to the existing ones, and this will result in a slightly higher interest rate. Mr. Saunders stated they're recommending the City not proceed this year to do a 5 million issue but clean up some of the resolutions and the Charter and proceed post haste in 1988. He noted they've done a lot of research but they have to clean up some of the legal problems with the current resolution and Charter. He thanked City Attorney Alvarez for his assistance in analyzing these legal issues, and added they had assistance from underwriting counsel. Councilman Asting asked if the underwriters are a law firm in Washington, D.C. affiliated with them and Mr. Saunders replied not affiliated with them, but they've used the firm out of Washington because of the quality of legal work they do and they're a top notch nationally advertised firm. Councilman Asting asked where they'd go to market with the bonds and Mr. Saunders replied they'll be marketed here and sold in Florida. Mayor Baugh stated they have a recommendation from Mr. Saunders on which way to go and he's asking authorization from Council to accept or reject the report and go forward with the Attorney or whoever to get the Charter changed or whatever has to be done to go forward with the C.I.P. program. He requested that in the form of a motion from Council. Councilman Mitchum moved they allow the City Attorney and Mr. Saunders to pursue the changes in the Charter, and wherever else they need to clear up the legal problems that stand in the way for financing the C.I.P. program. Councilman Asting stated the City Attorney should handle it alone. Mr. Saunders agreed they'll assist him in areas of financing but the City Attorney would draft the Charter. Councilman Prater seconded the motion. -2- Council Regular Meeting Minutes December 7, 1987 ~ u MISCELLANEOUS (Continued) - (Re: C.I.P. Financing - Cont'd) Councilman Rotundo pointed out they just got the information at this meeting. Mayor Baugh explained it's just to accept it and go with whatever's needed to put them in line because of problems in the Charter and recommendations on the last page. Mr. Saunders stated they'll be able to proceed to bring back to them recommended changes and they'll have ample time to review that. Councilman Asting asked Mr. Saunders his fee for this participation and Mr. Saunders replied there are no fees and underwriting counsel will not charge any fees for this. He added underwriters will charge fees for bonds actually sold and A. G. Edwards will charge fees for bonds actually sold, and if the City decides not to proceed with the plan of financing, the .City won't pay fees at all and they're at risk to bring back a program that's acceptable to the City. Motion CARRIED 3-2. Councilmen Rotundo and Asting voted NO. UNFINISHED BUSINESS Dyer, Riddle, Mills & Precourt, Inc. - presentation of technical aspects of Capital Improvement Program - Mr. Gerald Hartman, Vice President, introduced Mr. Ron Ferland, Project Manager, and Mr. Tim Hochuli, Project Engineer. He noted they gave Council notebooks to organize and keep the documents. He suggested they schedule regular meetings for C.I.P as an ongoing workshop for Council at 6:00 P.M. or whatever is a good time. He suggested once every two weeks and then later once a month would be appropriate. Mr. Ferland agreed they should break out each individual area at public work- shop sessions and suggested it could be prior to Council meetings or another night. He noted they don't get confused if they deal with each of the areas separately. He displayed a colored graph of the projects. Mr. Ferland stated the first water project is the 20" transmission main and a western treatment plant to be constructed in the 442/1-95 area because the Park Avenue plant is only sized to get to 1990-1991. He noted there will be salt water intrusion and it reduces the pipe line from the well to the treat- ment plant and the well should also be close to the plant for security to the wellfield and the treatment plant also. He noted the 20" transmission main is to run down 442 to serve the area from 442 and Park Avenue. He stated they're currently in the preliminary design stage and it should be completed in December. Mr. Ferland stated site acquisition for the treatment plant is next in the 95/442 area and that process is scheduled for 3 to 4 months. He explained they then have designs and permitting and final design and then a construction period of 18 months. He pointed out time frames don't take into account the financing plan or having to go to bond market, so this could be changed based on the financing plan. Mr. Ferland explained the western wellfield expansion is related to the water treatment plant expansion to go to 2010. He reviewed details of the project. noting that October 1989 is the completion date projected. Hesaidnext is distribution supply and fire protection services to determine where there are deficiencies, and they propose to perform a hydraulic analysis of the total distribution system using computer techniques and they'll model it on the computer and see how it reacts to other improvements. He pointed out they have to be sure they don't dig up a roadway to put in a water line and then six months later put in sewer lines. Mr. Ferland stated that wastewater project is the collection system expansion and improvements with Florida Shores being the main project but with other areas to be addressed. He proposed in the definition stage they look at the total collection system with soil analysis to determine sub-surface conditions. He said they'll then do preliminary design of the capacity system and pick out sites and lines, and then do final design to get entire needs of the City. He noted it's 120 days for permitting which will put them in an April 1989 time frame before construction can start. -3- Council Regular Meeting Minutes December 7, 1987 11 p u UNFINISHED BUSINESS (Continued) - Dyer, Riddle, Mills & Precourt, Inc. - presentation of technical aspects of Capital Improvement Program - (Continued)- Mr. Ferland continued his review of the wastewater project. He pointed out they have to accommodate a wastewater treatment plant expansion and they've applied for a construction grant to the State of Florida and are high on the planning portion of the list and have a tremendous amount of priority points due to the State's acceptance of their contention and reports documenting the public health hazards associated with septic tanks in Florida Shores. He pointed out the red dye in the river the last few days is part of the process to determine the amount of effluent that can continue to go into the Indian River and level of treatment required. He noted they're looking at alternate effluent disposal such as reuse or reclaim and using it for irrigation, or rapid infiltration system or an injection system into the saline zone. He stated this takes it to October 1988 for the construction grant process and it will be October 1989 to begin construction when the grant will be available. Councilman Asting asked if they'd established a priority of the projects such as the western wellfield and water plants or the sewer system. Mr. Ferland replied they didn't establish any priorities and are working on parallel of them. Councilman Asting referred to the recent expansion to pro- vide for a population of 20,000. Mr. Hartman pointed out the expansion was intended through 1990. Councilman Asting questioned why the emphasis isn't on the sewer system of Florida Shores due to possible health problems. Mr. Hartman agreed the priority listing has public health and safety as top priority and in the previous priority ranking they suggested this but there's been no action on it. Councilman Asting stated they aren't going to run out of water, and Mr. Hartman noted about 3 years ago they had a situation where they didn't have enough water. Mr. Hartman reviewed the project and financing arrangement for the previous expansion. He noted that a previous master plan showed the Park Avenue plant would be good for a water pumping facility and this was approved by Council about 2~ years ago and he doesn't know of redirection. Councilman Asting stated he doesn't agree to floating a 20 million dollar bond issue because it comes out of the taxpayer's pocket and they should just do the things needed, such as the wastewater sewer system for Florida Shores and expansion of the present treatment plant to take care of the increased inflow. Mr. Hartman pointed out they need to expand the western treatment plant to have the water back into the system. He reviewed the financial capabilities for water compared to sewer. Councilman Mitchum asked if the plant is good through 1990 with expansion and Mr. Hartman replied the program was for additional capacity and well #1 has salt water intrusion, and they had to have replacement wells and they had THM's in the water and did an alternate type of treatment. He added that they weren't to expand a big water plant but to correct deficiencies and provide and plan for future growth. Councilman Mitchum asked how long it takes for construction of the wastewater plant in Florida Shores and Mr. Hartman replied 3 to 4 years because of the size. Councilman Mitchum noted in 1990 they're running out of water again, and commented on the good planning for growth. Mr. Hartman explained they'll brief them in extreme detail on each and every aspect. Mayor Baugh stated he won't keep anything from the public and he suggested the meetings be on Council meeting nights and publicized so the public can come and listen since it's their project and they'll have to fund it. Councilman Prater asked if they kept in mind the population expansion and Mayor Baugh replied he thinks they took that into consideration and it will come out when they discuss it in detail. -4- Council Regular Meeting Minutes December 7, 1987 Q o UNFINISHED BUSINESS (Continued) Dyer, Riddle, Mills & Precourt, Inc. - presentation of technical aspects of Capital Improvement Program - (Continued)- Mr. Ferland stated that the stormwater projects for various areas and costs of solution will be done with a computer aided model to see how the stormwater interacts with high tide and culverts they have to pass through. He noted this will be part of the definition stage. He stated they'll get a conceptual permit for the master plan analysis and each project as identified can be tied back to the conceptual permit and makes it easier to accomplish. Mr. Ferland stated they identified paving projects to be tied in with other infrastructure projects so the road won't be torn up later and have to be repaved. He pointed out there are also paving projects that aren't part of water, sewer, or stormwater improvements and they can be constructed at a much earlier time frame such as June or July 1988 for those that don't have sewer or water impacting them. He noted the others can be incorporated in the design of the water and wastewater improvements. Mr. Ferland stated he's getting in touch with various staff members regarding municipal services improvements, and he identified parking to evaluate where improvements are needed, and public safety complex for Police and rescue facilities. He noted the definition is incorporated with proposed improvements for Police using the Library and they'll probably get about 5 years maximum there and then will be ready for new facilities. He noted the new facility should be in place in the transition time and the Police department would move into that and City administration could expand to the Library. He pointed out the activity is after the 1990 time frame. Mr. Ferland stated he didn't address parks and recreation as he hasn't got that completed yet. Councilman Asting asked if there's an estimated cost of these projects and Mr. Ferland replied no, they're just giving the projects and definition and design stage and when they deal with each individual project they'll talk about the cost for that project. Mr. Ferland stated they can have a list and determine priorities and amounts of money they want to spend. Mr. Hartman agreed they're defining the entire system and they may decide there are certain projects they don't want done and there may be deferring of projects. He noted it may be cost effective to do it all or to do just a part of it. He added the grant funding will be a tremendous cost saving. There was discussion about when the next meeting would be and what the first project presented would be. Mayor Baugh noted that wastewater is his #1 priority and suggested the next meeting be in two weeks for the regular Council meeting. There was no objection from Council to having the presentation on that date. Mayor Baugh asked if the meetings could be at 6:00 P.M. on the regular Council meeting nights and no Council member expressed an objection. MISCELLANEOUS (Continued from Page 3) Father Liebler, New Smyrna Beach, asked for prayer due to the anniversary date of Pearl Harbor. Mayor Baugh agreed and Father Liebler called for a moment of silence and then presented a prayer. Bill Klein, 2910 Needle Palm, stated that he'd understood the election would be within 60 days after the petition was verified and he's disappointed they set a March date. City Attorney Alvarez explained the time frames for the ordinance and advertising for its adoption, and then the State requirements for advertise- ment. Mr. Klein stated he was given the information on the 60 days from City Hall. City Attorney Alvarez explained the advertising time, putting the questions in order, and advertisement on the third and fifth weeks prior to the election date. Mr. Klein asked when the election could be held and City Attorney Alvarez replied February 9th. Mr. Klein again stated he's disappointed, as are other people, that it wasn't earlier and he recommended they move forward with it and get it done as soon as possible. Councilman Rotundo pointed out they set the March date because in February it would be $4,000. and in March it would be $2,000. Mr. Klein stated they vote on other items when money isn't considered. Mayor Baugh noted the date will be set tonight with the first reading. -5- Council Regular Meeting Minutes December 7, 1987 o o MISCELLANEOUS (Continued) William Byrne, 1009 Egret Court, if he should speak at this time. they get to that point. Mr. Hardester, 817 Egret Court, Pelican Cove West, stated he's disturbed about the water situation. He said he has a copy of a letter dated November 24, 1987, that refers to a certification and satisfactory bacteriological results dated May 19, 1982, from D.E.R. He said they haven't had the best water in Pelican Cove the last four years and they can pour a glass of water and let it sit and they'll have residue. He added that some people have had it tested. Mayor Baugh said he saw a copy of that letter and he has no answer. Councilman Mitchum asked that he read the letter and Mr. Hardester read into the record the D.E.R. letter addressed to J. C. Carder. Councilman Mitchum asked if he's lived there four years without the water being approved and Mr. Hardester replied that's what it indicates to him but he doesn't know. City Clerk Martinez explained in 1982 the water samples were taken and approved ~ and they have those documents in City Hall, but the engineer of record didn't submit a letter to D.E.R. stating the system was built as designed. Councilman Mitchum asked the engineer of record and City Clerk Martinez replied Bill Cross. stated he's listed under 7.C. and asked Mayor Baugh explained he can speak when Mr. Hardester asked if the west wells by 95 are going to run parallel to 442 and Mayor Baugh replied yes. Mr. Hardester asked if 442 is going to be widened or four-laned. Mayor Baugh replied he doesn't know what's planned but has heard rumors and hasn't seen it in writing. City Clerk Martinez noted that Mr. Ferland mentioned that it could be but there's nothing in his plan stating it. Mr. Hardester referred to a report that from 95 to U.S. 1 will have 3.482 miles done at a cost of $300,000 to be completed in 1991 but he doesn't know if it's recon- ditioning of the road or four lanes. Mayor Baugh explained they didn't go from the City limits west before. Mr. Hardester referred to the trees taken out on 442 recently. Freeman Newell, 2450 S. Ridgewood Avenue, asked if the engineer had looked at the ball field. Mayor Baugh replied yes and according to the Engineer, there's enough room between the ball park and the railroad line and he outlined what would have to be done with tree removal. He added that he and the Attorney will have to meet with the School Board and discuss it with them. City Attorney Alvarez stated he saw the letter but the engineer has no sketches or drawings and he doesn't know if a survey was taken, but there are some conclusions in the letter. He suggested before they go to the School Board they have drawings or sketches showing where the property limits are and exact location of the fence and the right of way and where the road should be located, plus a feasibility study of what's involved in moving it and cost involved. Mr. Newell stated this has been going on since August. Councilman Mitchum stated they need to get on with the program. Mayor Baugh explained that's what they're doing. Councilman Rotundo stated the County is going to build the road and not the City because they put it there. Mayor Baugh stated they'll get the information from the engineer and the City Attorney can contact him. Frank Roe, 2732 Juniper Drive, stated he'd questioned if the roads had to be raised up for the lines and the Mayor assured him they can be put under the road. Mayor Baugh said they can drill and bore but for the main line they have to dig it up someplace. Mr. Roe stated that's expensive, and they don't pay attention to the economic measures that will affect their decisions. He suggested they be cautious about proceeding. He questioned the impact fees not taking care of growth and suggested Council look into it and increase it. He added that traffic is geting so heavy they'll have to 4-lane Indian River Boulevard. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no City Council reports brought up at this meeting. -6- Council Regular Meeting Minutes December 7, 1987 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Attorney Reports - City Attorney Alvarez stated that he's attended the Growth Management Commission meetings but the dates are increasing and he'd appreciate it if Council could designate someone else in his stead as a representative. Mayor Baugh asked how often they meet and City Attorney Alvarez replied his input won't diminish and it's once a month. Mayor Baugh asked Councilman Mitchum if he can sit on that board and Councilman Mitchum replied yes. Councilman Prater moved Councilman Mitchum be appointed to the position. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated they have a copy of a letter received that day from the attorney for the Radnor Corporation and he's stating they're going to be following a certain procedure in terms of appearing before Planning and Zoning and that the procedure was to some extent approved by the staff or agreed to by the staff. He added he doesn't know who the staff is and they'd put a deadline on_them of December 10th to get back with him or they'll proceed accordingly. He noted that he's not familiar with this and his last entry was the letter sent by the City Clerk that there will be no granting of any permits by the City until all permits from State and Federal agencies have been obtained. Mayor Baugh agreed that was the wish of the Council. City Attorney Alvarez said they went out several months ago, and this letter has a paragraph that Attorney Storch has been discussing it with the City staff. He added that he himself doesn't have the authority to grant it and it's a matter that should have been brought before Council. Mayor Baugh stated he hasn't talked to Attorney Storch. City Clerk Martinez stated that Attorney Storch was in her office about a week ago and it was made very clear before the lady in the Planning Deparmtent that until such time as all permits are issued as previously stated that no construction will start. City Attorney Alvarez said their request may be harmless but the procedure should come before Council with a request for Council to waive the past position regarding the permitting. Councilman Mitchum moved they send him a letter tomorrow stating those feelings. He said they told him some time ago what they wanted and apparently he's not willing to do that so send another letter. Councilman Prater seconded the motion. Councilman Rotundo said he should have been at this meeting and Mayor Baugh agreed, adding that he knew nothing about it and has not spoken with him. Motion CARRIED 5-0. City Clerk Reports - City Clerk Martinez read her December 1st memo regarding the Christmas budget. Councilman Asting moved they close City Hall at 12:00 on December 24th and issue a $25 gift certificate to each of the City employees. Councilman Rotundo seconded the motion. Mayor Baugh asked if this is what they did last year and City Clerk Martinez replied it lieu of a gift certificate they closed the whole day of the 24th. Motion CARRIED 5-0. City Clerk Martinez stated they need Council authorization to cut the check for the Volusia League of Municipalities dinner meeting at Cap'n Coty's on December 10th hosted by the City of South Daytona. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Police Chief's request - to purchase two (2) patrol ~~hicles at State bid - City Clerk Martinez read the November 18th memo from Chief Schumaker requesting the purchase of two 1988 Ford Crown Victoria Police package patrol vehicles from Don Reid in Maitland, Florida, for a cost of $12,126. each at State bid. Mayor Baugh asked what amount was budgeted and City Clerk Martinez replied $12,000. Councilman Mitchum moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Police Chief's request - to purchase two (2) patrol vehicle radios under Federal bid - City Clerk Martinez read the November 18th memo from Chief Schumaker requesting the purchase of two Motorola Syntar radios at a cost of $2,239 under Federal GSA bid. She noted $2,750 was budgeted. Councilman Asting moved they grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting requested a five-minute recess at this time. Mayor Baugh recessed the meeting at 8:40 P.M. He called the meeting back to order at 8:48 P.M. -7- Council Regular Meeting Minutes December 7, 1987 o ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Police Chief's request - to hold bicycle auction - City Clerk Martinez read the December 1st memo from Chief Schumaker requesting permission to hold a bicycle auction Saturday, December 19th, to sell 86 bicycles. Mayor Baugh suggested a motion to let them go ahead with that. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting stated that he received a request from someone in the audience to move item 7.C. up on the agenda. There was no objection from Council. COMMUNICATIONS William and Frances Byrne re: room addition - William Byrne, 1009 Egret Court, stated they've been residents since January 1985 when they bought 710 Egret and modified it to include a glass room on the existing patio. He said they had a permit issued to Madlow Jones, Rocky's Aluminum, dated March 25, 1986. He said in April 1987 they decided to moved to 1009 Egret and they needed a larger room to accommodate their home furnishings from the North. He said they con- tacted the Building Inspector to enclose the existing patio and were given a verbal permit to build, but with no further encroachment into the rear set back. He added that was agreeable so they sold 710 and purchased at 1009 and closed their Northern home and had the belongings brought down in September, 1987. He said he contacted Belmont Homes to complete the addition and it was agreeable with a suggested completion date of November 1, 1987. He stated that now they can't get a permit. He said he previously applied for and received a hearing from Board of Adjustment and the application was tabled and it was suggested he discuss it with Council. He stated that since the Board of Adjustment meeting the code enforcement made a survey that shows a number of enclosures in Pelican Cove Phase I, so he's not asking for anything new, and he thinks it's his right. Mayor Baugh asked who gave verbal permission and who was present and Mr. Byrne replied his wife. Mayor Baugh asked if anyone from the City was present and Mr. Byrne replied Dennis Fischer. Mayor Baugh said he thought Pat DiLeva was present and Mr. DeLiva, from the audience, replied no. Mayor Baugh asked Dennis Fischer, Building Official/Code Enforcement Officer, if he'd told Mr. Byrne he could have a glass room. Mr. Fischer replied that at the time it was the intention of adding onto the existing slab and it was brought before Council six months or a year ago when he found numerous glass and screen enclosures in Pelican Cove West that did not have permits for con- struction and they passed as built slab laws to let the owners of existing slabs in Pelican Cove West Phase I add to existing slabs for screen rooms. He added that he told him he could add on to the room the same as next door to him had done. Mayor Baugh asked where they stand if the Building Official told him he can build one like the one next door. City Attorney Alvarez pointed out the screen room was discussed before. Mr. Byrne said it's a permanent room addition such as the neighbor to the west has. Mayor Baugh noted it's a glassed in room with solid walls. City Attorney Alvarez asked how they went from screen rooms to glass rooms, and how the neighbor built a glass room. He recalled the screen room enclosures which were going up with no permits and it came to Council and they had a choice of having everyone tear down the screen rooms they'd put up, and there were only 8, 10, or 12 left that hadn't had the screened rooms, so Council opted for the least painful way and allowed the rest of the people to put in screen rooms for those with existing slabs. He noted that the definition in the Code is three sided screen. He added that the man is an innocent bystander due to failure to enforce the ordinance. Henry Scherz, 1011 Egret Court, said he had to go to Board of Adjustment for his room to be put on and it was approved there. He noted that the Board now doesn't have a record of his room and he has a variance and a permit for it. He said they aren't violating anything and bought houses in good trust with J. C. Carder and Danny Herman telling them it's all right. He noted that other building inspectors were involved also. He referred to homes being built at the various distances from the back. He stated he has no objection to Mr. Byrne's room and he will be the one most affected. -8- Council Regular Meeting Minutes December 7, 1987 <J o COMMUNICATIONS (Continued) - William & Frances Byrne re: room addition (Continued) - There was a lengthy discussion regarding prior screen rooms built and number of permits issued. Mr. Fischer noted Board of Adjustment members previously granted variances for room additions but now have become more stringent in their requirements and it's their opinion to deny additional encroachment and any closing in of glass. He referred to ordinance 86-0-7 passed April 7, 1986. He noted the screen room definition is in that ordinance but there's no clear definition of any existing slab or as built slab law pertaining to Pelican Cove West and it doesn't say only screen rooms can be constructed. He stated they've had numerous problems with Pelican Cove West since 1982 and the initial one was the blanket variance for lot sizes when it was annexed of less than the required 115 feet. He noted that permits were issued throughout Phase I through the set- back by previous building officials and by him. He noted that leaves nothing at the rear of the lot for expansion or revision. Mr. Fischer stated that rooms were put up on existing patios without permits for construction and they now have numerous aluminum style rooms on existing patio slabs that encroach. He asked that they again look at 86-0-7 to clarify Council's intention for room and screen additions in Pelican Cove West Phase I. Mayor Baugh agreed there's a problem. Mr. Fischer stated that a variance was given to the duplex adjoining Mr. Byrne to build a room addition and it encroached two foot into the setback line. He said if Board of Adjustment granted the room addition to the neighbor, he doesn't see why they wouldn't grant it again. City Attorney Alvarez pointed out Mr. Fischer recommended adoption of the defin- ition in the ordinance and it was adopted by Planning and Zoning and Council and it should have taken care of the problem. He added there were only 20 slabs and it has nothing to do with variances because it's lot depth and not setback. He questioned if they should give another glass room enclosure because someone else put in a glass enclosure they should not have. Mr. Byrne reviewed the permit issued for 710 Egret on March 25, 1986, and stated he wouldn't have left that address if he'd known he'd have this hassle, plus may not have made the permanent move to Florida. He added that if he hadn't had verbal permission he wouldn't have bought a second house when he already had one. He asked if perhaps he should have built the room and seen what would happen. Mayor Baugh assured Mr. Byrne they're trying to work something out because it's a hardship with moving around and he was promised the room. City Attorney Alvarez pointed out screen rooms were addressed by the ordinance but glass enclosures were never an issue because they weren't allowed. John Scherz, from the audience, said they were told that he didn't see why they gave a permit to people next door and they should give it to the others. He added there are many more buildings in violation. There was discussion between Mr. Scherz and City Attorney Alvarez about what was reviewed previously re: screen room enclosures. Mr. Scherz questioned which employees the building inspector has working under his supervision, and stated before they get more money, Council should find out what they're doing. City Attorney Alvarez asked how many glass room enclosures were allowed and Mr. Scherz replied about 22 that could come under the patio agreement. City Attorney Alvarez again stated that they discussed screen rooms at the meeting. There was a brief review of the permit issued previously. Henry Scherz, from the audience, stated that Mayor Baugh and Councilman Asting saw it and were aware of the problems going on and rules not being enforced. Mr. Byrne said he wants the water out of his living room because the slab was raised. Councilman Prater moved that the gentleman be allowed to get the job up because he was given a verbal deal and it was with good faith of the City and employees of the City and let him go ahead and finish it up to be compatible with his neighbors. Councilman Mitchum seconded the motion. Mayor Baugh asked if there's a problem legally and City Attorney Alvarez nodded his head in a negative manner. Motion CARRIED 5-0. -9- Council Regular Meeting Minutes December 7, 1987 u o COMMUNICATIONS (Continued) - William & Frances Byrne re: room addition (Continued) - Councilman Rotundo questioned how they'll address the next one. Mayor Baugh asked City Attorney Alvarez to look the ordinance over that defines screen room for that particular phase and see if there are any additions or corrections they can make. City Attorney Alvarez stated the ordinance is clear as to what a screen room is. Mr. Byrne asked if he could get the permit the next day and Mayor Baugh replied yes. Bill Klein, 2910 Needle Palm, asked who turned it down before it went to Board of Adjustment if he was given verbal permission previously. Mayor Baugh replied the Building Official. Mr. Klein questioned why he turned it down, and referred to a slab permit that was passed on to be adopted. City Attorney Alvarez noted it was slab for a construction site where the site plan had expired. Mr. Klein said there was no such thing as a foundation permit and the Attorney gave them a ruling. He asked if it was given to the Mayor and Council and why it wasn't looked into. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued from page 8) - Parks & Recreation Department request - to authorize change order on bid for racquetball courts at Roberts Road park - City Clerk Martinez read her November 23rd memo requesting a change order to the bid due to its not being included in the specifications drawn up by the City Engineer. She said Council authorization is needed since it was a bid and it's for $1,150. Mayor Baugh asked how many bids were received and Mr. Jack Corder, Assistant Recreation Director/Buildings & Grounds Maintenance Superintendent, replied five and it's still not close to the next bid. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Councilman Mitchum questioned how this was missed. City Clerk Martinez replied the City Engineer did not include it in the initial spec's. Councilman Mitchum asked who determined it and Mr. Corder replied they decided they were needed because there was no support for the cross walls. Councilman Mitchum questioned why they pay an Engineer do do something and then rely on City personnel to say what's needed. Mr. Corder stated he drew the prints and passed them to the City Engineer to check them out and do what's needed to seal them. Councilman Mitchum stated it's a potential safety hazard and Mr. Corder said it's a needed necessity so the walls won't crack. Councilman Mitchum asked if the Engineer overlooked it and Mr. Corder replied yes. Motion CARRIED 5-0. Parks & Recreation Department request - to go out for bids for labor to put stucco on racquetball courts at Roberts Road park - City Clerk Martinez read the December 2nd memo from David Garrett, Recreation Director/Buildings & Grounds Maintenance Superintendent, requesting authorization to go out for bids. Councilman Asting moved to authorize them to go out for bids. Councilman Rotundo seconded the motion. Councilman Mitchum asked why they didn't request it on the original bid and Mr. Corder replied they didn't feel the contractor could do the type of professional work needed on these courts. Councilman Mitchum asked if they specified it was someone capable of doing it and Mr. Corder replied yes. Councilman Mitchum asked if this will do it and Mr. Corder replied he hopes so. Motion CARRIED 5-0. Parks & Recreation Department request - to give Florida Power & Light Co. 10 ft. easement for servicing Roberts Road Park - City Attorney Alvarez asked if they grant an easement by motion and City Clerk Martinez replied not to her knowledge, but the request is here and it will require the necessary resolution. City Clerk Martinez read the December 2nd memo from David Garrett, Recreation Director/ Buildings & Grounds Maintenance Superintendent. Mayor Baugh explained this is a motion of intent. Councilman Rotundo questioned the payment of $1.00 and City Attorney Alvarez explained the legal procedure re: that figure. City Attorney Alvarez suggested the legal be checked to make sure it's correct by Dan Cory or the engineer and see if it will interfere with the park and clear all those points and then proceed with the resolution. Mr. Corder stated the right of way is on the East boundary running beside the parking lot for them to supply power. City Attorney Alvarez suggested the location and future use of the park be looked at. Mayor Baugh stated they'll bring it to the next meeting. City Attorney Alvarez noted Dan Cory did the survey and he can check the legal. -10- Council Regular Meeting Minutes December 7, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Parks & Recreation Department - announcement re: arrival of Santa - City Clerk Martinez read the announcement of the arrival of Santa at 7:15 P.M. on December 14, 1987 in the Community Center. Public Works Acting Superintendent's request to seek bids for new refuse truck- Councilman Prater moved they grant him this request. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Building Trades Regulatory & Appeals Board and Building Official/Code Enforce- ment Officer re: signage on vehicles - City Clerk Martinez read the October 23rd memo from the Board and then read the December 1st memo from the Building Official/Code Enforcement Officer. Mayor Baugh pointed out it's already in the Code. Mr. Fischer, Building Official/Code Enforcement Officer, suggested it might be their intent to require all contractors and Mayor Baugh questioned how they could do that. Councilman Prater asked Mr. Fischer if he has a personal truck or lease truck and Mr. Fischer replied he purchased a 1987 pick up and uses it. Councilman Prater questioned if he should have identification on it and Mr. Fischer replied they recognize him by now. Mayor Baugh asked if he wants a sign of "Building Official" and Councilman Prater replied yes, and the City doesn't own the truck but does pay mileage. Mr. Fischer stated it's his personal truck and the City reimburses him for mileage only, but if the City wants to buy his truck they could write anything on it. Councilman Rotundo moved to grant the request and Mayor Baugh explained what's in the Code now, and it just needs enforced. Councilman Rotundo withdrew his motion. Councilman Mitchum moved they leave it as it is. Councilman Prater seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Coastal Educational Broadcasters, Inc. - request for support for non-commercial UHF TV station, Channel 15, New Smyrna Beach - Mayor Baugh stated they supported this with a letter previously and he recommended they send another letter of still being in support of their efforts for a TV station. Councilman Asting so moved. Councilman Mitchum seconded the motion. City Clerk Martinez noted the last letter was January of 1986 and it needs updated. Motion CARRIED 5-0. Board of Directors, Florida League of Cities, re: support to oppose off-shore drilling and exploration - Mayor Baugh stated this came up in Miami and F.L.O.C. was in total opposition to the off-shore drilling and they've requested support. He urged support to keep it off the shores and all up and down the coast, and requested instruction to the City Attorney to draw up a resolution similar to the one supplied and forward it to Pine lIas County. Councilman Asting so moved. Councilman Prater seconded the motion. Mayor Baugh asked if that includes the Attorney to draw it up and Councilman Asting replied yes. Motion CARRIED 5-0. William and Frances Byrne re: room addition - This item was brought up earlier on the agenda. (See pages 8, 9, and 10 of these minutes) ORDINANCES AND RESOLUTIONS Ord. 87-0-29 Amendment to City Charter to provide for City Manager to be appointed by City Council, voter performance approvals, and residency requirements for City Manager and Department Heads - City Attorney Alvarez read this Ordinance. ORD. 87-0-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION FOR THE PURPOSE OF AMENDING THE CITY CHARTER BY PROVIDING FOR A CITY MANAGER TO BE APPOINTED BY THE COUNCIL BY ORDINANCE; BY PROVIDING FOR BIENNIAL CITY MANAGER VOTER PERFORMANCE APPROVAL; AND BY PROVIDING FOR RESIDENCY REQUIREMENTS FOR THE CITY MANAGER AND DEPARTMENT HEADS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. -11- Council Regular Meeting Minutes December 7, 1987 o o " ORDINANCES AND RESOLUTIONS (Continued) - Ord. 87-0-29 Amendment to City Charter to provide for City Manager to be appointed by City Council, voter performance approvals, and residency requirements for City Manager and Department Heads (Continued) - Mayor Baugh pointed out they need to put in the date for the election. Councilman Rotundo moved they have the election March 8th. Motion DIED for lack of second. Councilman Mitchum noted people have asked him to schedule it as soon as possible. Mayor Baugh asked the earliest possible date and after considerable review of dates for advertising, City Attorney Alvarez suggested it could be on Tuesday, the 2nd of February. Frank Roe, from the audience, stated they can save $2,000 by going in March. Councilman Mitchum moved they go for February 2nd. Councilman Prater seconded the motion. Dennis Fischer asked if section 3 re: department heads residing in the City limits is for new applicants as prerequisite for employment. City Attorney Alvarez replied that the way it's done, it involves everyone. Mr. Fischer asked if there's a possibility of relocation for existing depart- ment heads. City Attorney Alvarez replied Council will have to deal with it if it passes. Mr. Fischer pointed out they have a local ordinance dealing with the merit system, section 13-20, which appears to be contradictory to this question, and State Statutes section 166.043 prohibits discrimination of personnel. He expressed his disagreement with subsection C of the questionnaire. Dom Fazzone, 302 Paradise Lane, President Shangri-La Homeowners Association, said they're~going out of their way to make a hardship case for some of the people involved with the residency requirement. He said it's one thing to put the requirement in the future but it was not a condition of employment. He asked Council to reconsider this to take care of people that are heads of the departments now. Mayor Baugh asked if Mitchum replied yes. Motion CARRIED 3-2. UNFINISHED BUSINESS the motion includes ordinance approval and Councilman Councilman Prater seconded that addition to the motion. Councilmen Rotundo and Asting voted NO. Dyer, Riddle, Mills & Precourt, Inc.-presentation of technical aspects of Capital Improvement Program - This item was brought up earlier on the agenda. (Seepages 3, 4, and 5 of these minutes) Selection of Public Works Superintendent - Mayor Baugh stated that since the last meeting they contacted only three people and he suggested they re~advertise for Public Works Superintendent. Councilman Mitchum so moved, noting he held it up in anticipation of contacting the second choice, which he felt was very qualified. Councilman Prater seconded the motion. Motion CARRIED 5-0. Draft of job description with suggested salary range for Planning and Zoning Director - Mayor Baugh noted this was requested at the last meeting, and they need to advertise if there are no changes or additions to the job description. He noted it's from other cities and seems pretty complete. Councilman Rotundo asked why they're putting a dollar amount on it and Mayor Baugh said they have to put a salary range. Councilman Rotundo suggeted they could negotiate. Mayor Baugh suggested they could just put in the mid 20's instead of $20,000 to $24,000. Councilman Mitchum asked how soon they have to move on this and Mayor Baugh replied because of the Comprehensive Plan, they need to get someone who knows planning to proceed with it. City Attorney Alvarez agreed, and noted they also have the vacant position of Assistant Planner but he understands that won't be filled until a Planner is hired to have input as to who the Assistant will be. He noted this is the key position now. Councilman Mitchum asked if there is any legal involvement with the firing of the Assistant Planner. City Attorney Alvarez replied legal action is pending for Assistant Planner but this is for Planner. City Clerk Martinez pointed out this is a Department Head position hired by Council. City Attorney Alvarez stated this isn't the position the other person was dismissed from. Councilman Prater asked if they'd have a problem if they hire and City Attorney Alvarez replied this is a position the City hasn't had for some time. Councilman Prater moved they advertise for a Planner and the salary will be in the range of the 20's and to accept the job description. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -12- I Council Regular Meeting Minutes December 7, 1987 u (.J . ,. UNFINISHED BUSINESS (Continued) - Selection of screening committee for recommendations on advisory board and committee candidates - Councilman Prater nominated James W. Bonneville, 1522 Needle Palm, retired from AT & T with 40 years experience. Councilman Asting nominated William C. Hoffart, 3011 Willow Oak, telephone 423-8359. Councilman Mitchum nominated Tom Sheridan. Mayor Baugh stated he contacted three people and none were able to serve. He asked how many are needed and City Attorney Alvarez replied five. Mayor Baugh requested a motion to accept these three and he'll bring back one and Councilman Rotundo agreed he'd bring back one. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh suggested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 10:05 P.M. Minutes submitted by: Lura Sue Koser ~ -r ~ ATTEST: ~ / /7J? CITY CLERK . Approved this 21st day of December , 198~ MAyf~ rf?t- Excused CO~N~ COUNCILMAN -~E FOUR ~ -13- Council Regular Meeting Minutes December 7, 1987