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11-16-1987 - Regular o o CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 16, 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 Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the regular Council meeting and go into the Public Hearing. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING - SECOND & FINAL READING & ACTION: Ord. 87-0-25 Establishing policy for dishonored checks - Mayor Baugh stated this is second and final reading. City Attorney Alvarez read the Ordinance. ORD.87-0-25- AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOFEDGEWATER, FLORIDA, ESTABLISHING A POLICY FOR DISHONORED CHECKS, PROVIDING FOR COLLECTION OF A FEE UP TO TWENTY-FIVE ($25.00) DOLLARS; PROVIDING FOR WARNINGS AND PENALTIES FOR DISHONORED CHECKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for comments from the audience and there were none. He then asked for Council comments and there were none. Mayor Baugh requested a motion to close the Public Hearing and go back to the regular meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-25 - Councilman Rotundo moved they adopt this Ordinance. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO. Mayor Baugh noted that there was a request to move item 6.G., officers of the Fire Department, up to this time. There were no objections from Council. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Administrative Fire Chief re: new officers for 1987-88 for Fire, Rescue and Ladies Auxiliary - Mr. Pat DiLeva, Administrative Fire Chief, introduced the staff officers and noted their training and professions. He read the names of the members of the ladies auxiliary and then introduced Kevin Williams, President of Rescue. Mr. Williams introduced his officers of Rescue. Mr. DiLeva read the names of the Association officers. Mayor Baugh requested a motion to accept the Fire Department's report and the officers of the Fire Department and Rescue. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of November 2, 1987 - Councilman Prater moved they approve the minutes of November 2, 1987. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o MISCELLANEOUS Freeman Newell, 2450 S. Ridgewood, asked if he could speak under Unfinished Business regarding the ball park. Mayor Baugh asked if Council had an objection and no Council member expressed an objection. Norman Billups asked Mayor Baugh if the meeting was illegal. Mayor Baugh explained that Council meets the first and third Mondays. Mr. Billups stated that a con- cerned citizen called City Hall at 1:30 that day and asked if there will. be a City Council meeting and the reply was that it would be an illegal meeting because it was not advertised. He added that he looked through the newspaper and there were no advertisements. Councilman Prater said he got about six calls who didn't see it listed in the Journal and wondered if there would be a meeting. Mayor Baugh again explained that the Charter says they will have meetings on the first and third Mondays and it's up to the newspaper if they put it in or not. City Clerk Martinez pointed out that they get the monthly activity calendar with all the activities of Council and the boards prior to the month's starting. Mr. Billups asked Councilman Asting about the newspaper article stating that Councilman Asting had said the Mayor wants his old job back but he couldn't manage it. He asked why Councilman Asting voted in favor to retain him. Councilman Asting replied that he voted to extend the Chief's time by 90 days as he felt he should be given a chance to try to straighten out the department. Mr. Billups distributed a handout to Council and asked that the City Attorney comment on the old Council Charter to see if they should have a new Charter drawn up and how they should go about it. He said they need more professionalism in the City with all the monies that will be spent. Mr. Billups then asked for comments on the paving of Florida Shores. He distrib- uted information to Council and asked that Councilman Asting reply regarding the paving of Florida Shores. He read some of the questions printed in the newspaper article. City Attorney Alvarez noted that Mr. Billups does not want the answers at this meeting. Mayor Baugh noted that Councilman Asting should read through the letter and it's up to Council if he should answer it. Mr. Billups stated that he wants to give him a fair opportunity to reply. He then read the remainder of the questions. Mayor Baugh stated that the time is up and asked Council if they wished him to go on. Councilman Rotundo stated this shouldn't be brought up under Miscellaneous and he should have called and put it on the agenda. Councilman Asting stated this is a personal attack on him and he thinks it's being done to humiliate him plus it appeared in the paper and it's a reiteration. He added that he's disgusted with the article and with him. Mayor Baugh again stated that the time is up and Mr. Billups replied that he understands that. Mrs. Opal, 2002 Pine Tree, asked when the Chief of Police will move to Edgewater because there's no profit from him, or City Clerk Martinez and Dennis Fischer. She asked where their tax money goes. She stated that Chief Schumaker had said he'd move to Edgewater when he has the job steady. She then asked if he's working steady and Mayor Baugh replied yes. She stated that City Clerk Martinez makes over $30,000 and they get nothing from her. She again asked when the Chief will move to Edgewater, and added that she has nothing against him. Mayor Baugh stated that the City Attorney passed out a resolution they will consider for the ballot and it states whether the citizens want the Department Heads to live in the City or not. He added that he was asked by several people about this and he brought it up at the Council meeting so the people can vote on it. Mrs. Opal stated that her taxes keep going up and her lake stinks. -2- Council Regular Meeting Minutes November 16, 1987 -....- o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh stated that they passed the resolution concerning the screening committee for board members. City Attorney Alvarez explained it sets forth a selection committee to make recommendations to the Council on the candidates for the different boards. Mayor Baugh suggested that each Council member bring back a selection of his choice for a member of that screening committee and it would be a five-member board. No Council member expressed an objection. Mayor Baugh requested that before the next Council meeting they contact someone who would have the time to serve on the board. Mayor Baugh asked the status of combining into one board and City Attorney Alvarez replied he prepared a draft ordinance in keeping with the new Growth Management legislation which creates a land regulatory and development commission that will deal with zoning matters, planning, comprehensive plan amendments and incorporating special exceptions and variances. He pointed out that the section of Chapter 163 that established the Board of Adjustments was sunsetted when the new Growth Management legislation came into effect. He added that he'll bring the draft to the Council at the next meeting. Mayor Baugh stated that he thinks it's something they_have to go forward with. Mayor Baugh stated they need to advertise for an Assistant Planner or City Planner. He referred to a recent meeting regarding the Comprehensive Plan. City Clerk Martinez stated that she'd received six job descriptions and will have to put it together with a salary range and job description and bring it back to the next Council meeting for a Plannner as a Department Head position. She noted that she'd advertised for the Planning Assistant, but they need the Planner's job description with a salary range. Councilman Rotundo asked if it should include an engineering degree. After discussion, Mayor Baugh pointed out that it's imperative they get a Planner who understands the Comprehensive Plan. Mayor Baugh asked Council if they want to advertise for a Public Works Super- intendent. Councilman Mitchum expressed his concern before because Ron Austin was under probation and they didn't take him off probation by resolution, and they'd said if he didn't work out, they'd contact the second choice on the list. He then moved to contact the second choice and the third or fourth to see if they're still interested to save some time. He noted they already approved them in order and he sees no reason to pursue it again. Mayor Baugh asked if he wants to bring them in again for interview and Councilman Mitchum replied yes, adding that the second choice was very qualified and an excellent candidate. Councilman Asting suggested they re-advertise for applicants. Councilman Prater asked if they'll check with Ron Austin first. Councilman Asting stated there may be some better qualified out there now since it's been some time and they should readver- tise and choices named can reapply if they're still interested. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. City Attorney Reports - City Attorney Alvarez stated he distributed a draft ordinance outlining questions for the ballot. He noted that it won't be March 6th and City Clerk Martinez stated that March 8th is the Presidential primary. City Attorney Alvarez requested Council input at this meeting or prior to the next meeting and he'll have it ready for the next meeting, depending on what changes he receives. Councilman Asting stated that he'd like to study it further. Mayor Baugh read the first question on the ordinance: "Should the City Charter be amended giving City Council the authority to appoint by ordinance a City Manager; providing for duties, responsibilities and conditions of employment?" City Attorney Alvarez explained this wording is so Council will have flexibility if voters say yes to a City Manager, and as under the old Charter they can make a determination if they want a strong independent type City Manager, an in-between type, or a weak type with more powers with the Council. He added they can tailor this to meet the needs of the City. Mayor Baugh then read the second question on the ordinance: "Should the City Manager be subject to a voters performance approval every two years?" City Attorney Alvarez explained that if the majority of the voters vote against the retention of the City Manager, they can provide under the employment duties and responsibilities for a public hearing to determine the problems, and complaints will be reviewed by Council and they'll determine if it's a valid, legitimate complaint or just some of the decisions made by the City Manager making some people unhappy. Councilman Rotundo asked if they have to wait two years if it doesn't work out and City Attorney Alvarez replied no, as Council has the final authority on hiring or firing, but the people have an opportunity to voice their opinion. -3- Council Regular Meeting Minutes November 16, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports (Continued)- Mayor Baugh read the last question: "Should the City Manager and Department Heads reside in the Edgewater area not to exceed two (2) miles from the City limits?" Councilman Prater stated they should live in the City and not two miles out as the County will get the benefit of their taxes and the City should get it. Mayor Baugh asked if he wants to strike the two miles and Councilman Prater replied yes. Councilman Asting asked if this will apply to the City Attorney who lives in Deland and heads up the Legal Department. Mayor Baugh replied they're under contract with the City Attorney and City Engineer and they wouldn't come under this. City Attorney Alvarez stated that if he's ever privileged to become the full time City Attorney for Edgewater, he'll comply with the ordinance. He then asked Council to study this and call him for any changes and he'll bring it up at the next Council meeting. Mayor Baugh requested a motion to have the City Attorney proceed with the ordinance giving it a number and approval for him to go ahead with it and strike the two miles. Councilman Prater so moved on the correction, striking the two miles, and allowing the City Attorney to go ahead with the ordinance. Mayor Baugh asked if they have to set the election date and City Attorney Alvarez replied they can set it at the next meeting. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilmen Asting and Rotundo voted NO. City Clerk Reports - City Clerk Martinez stated that Peter Grigas of Strategic Planning Group has requested a letter of reference regarding the preparation of the housing element section of the Comprehensive Plan. Mayor Baugh asked if there was anything out of the ordinary and City Clerk Martinez replied that he completed the contract in a timely manner and it was presented neatly. Councilman Asting moved that the City Clerk/Administrator prepare a letter in compliance with the SPG request they have before them. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated she received a telephone call from Mr. Cal Martin who needs a chip spreader to lease or rent. She noted that she didn't have an oppor- tunity to send this to the insurance committee and Mr. Martin needs an answer as soon as possible. She added that he needs it for two days and will pay $500 a day and will transport the equipment. She said they have a $500,000 per incident liability policy, and Mr. Martin has asked that our operator be provided and he'll pay the wages. Mayor Baugh asked if they have an operator and City Clerk Martinez replied they don't have one familiar with the chip spreader. City Attorney Alvarez noted that he wasn't in his office that day to speak with the City Clerk but he questioned if they can take equipment purchased with taxpayers' money and rent it to a private company. Councilman Mitchum asked if this is common practice. Mayor Baugh replied no, and he doesn't think they ever loaned equipment. City Attorney Alvarez pointed out it's not worth the risk for $1,000 without sufficient time to determine just what is involved. Mayor Baugh asked if he's recommending they not do it and City Attorney Alvarez replied they don't know if it's the highest possible bid they could get and they don't have a written contract, plus they don't know what could happen and repairs to the equipment, but he's not comfortable with the idea. Mayor Baugh recommended they deny the request. Councilman Mitchum stated they don't need to subsidize private businesses and he moved they deny this. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Acting Superintendent's request to go out on bids for gas tanks and pumps - City Clerk Martinez pointed out that the specifications are attached. Mayor Baugh stated they have to do this per the State and City Clerk Martinez agreed, adding that the money was budgeted and the spec's are in compliance with State regulations. Councilman Prater moved to grant him his request. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Utilities Superintendent's request to seek bids for 12" water transmission main and elevated water storage tower rehabilitation - Councilman Asting moved they grant the request to seek bids. Councilman Prater seconded the motion. Mayor Baugh asked who's doing the bids and City Clerk Martinez replied that Gerry Ferrara did the 12" main and Frank Marshall's on the elevated tower. Councilman Mitchum asked if that's the original contract and City Clerk Martinez replied it's the last item of the original contract. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes November 16, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Building Trades Regulatory and Appeals Board - endorsement of writing sub- contractors names on permit cards - City Clerk Martinez read the October 23rd memo from the Board endorsing the Building Official's policy of writing the subcontractors names on permit cards. She noted that a sample of the card is attached. Mayor Baugh stated this is just to go ahead with what he's doing now and Mr. Fischer, Building Official/Code Enforcement Officer, replied yes. Councilman Mitchum moved they grant this request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Building Trades Regulatory and Appeals Board - recommendation to adopt County's policy of sending post cards to subcontractors listed on permit - City Clerk Martinez read the October 28th memo from the Board, noting a sample was attached. Dennis Fischer, Building Official/Code Enforcement Officer, stated that he wasn't able to attend that meeting and the present policy is to require the subcontractors to physically sign for the permits. He pointed out the extra costs by using the County's method with post cards, noting that he didn't put it in his budget. Mayor Baugh asked if everyone signs the permits now and Mr. Fischer replied it's for mechanical, electrical and plumbing and the contractors. Councilman Rotundo moved to deny this request. Councilman Asting seconded the motion. Mayor Baugh questioned why the board brought it up as he'd like to know if there's a problem. City Clerk Martinez suggested they research the minutes from that meeting. He asked if the Board is aware of what the requirement is now and Mr. Fischer replied that the secretary made them aware of it. Motion CARRIED 4-1. Mayor Baugh voted NO. COMMUNICATIONS The Chemical People of Southeast Volusia - request for donation - Ellen Weller, New Smyrna Beach, requested Council be a major sponsor of the Reach America project. She noted it's a two-day drug conference held at New Smyrna Beach Senior High School January 29 and 30 and it includes a dance. She pointed out that most of the students who previously went on the trips were from Edgewater. She reviewed the planned program and anticipated costs. She requested $1,000 from the City. She congratulated Council for naming a youth officer, which New Smyrna Beach has not done. Mayor Baugh noted that he brought this to Council because it's over the $250 limit. Councilman Rotundo moved to give them $500. Councilman Asting seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 87-0-27 Amending Sec. 13-56 by increasing donation to the Fire Department - Mayor Baugh stated this is first reading. City Attorney Alvarez read this Ordinance. ORD. 87-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING CHAPTER 13, PERSONNEL, SECTION 13-56 "APPROPRIATIONS" BY INCREASING THE DONATION TO THE FIRE DEPARTMENT FROM $50.00 TO $150.00; CON- TAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 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 - 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 PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 87-R-50 Appointing Karen Rickelman to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. RES. 87-R-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING KAREN A. RICKELMAN TO THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES RETIREMENT PLAN OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIV- ILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved they adopt this Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes November 16, 1987 o o ORDINANCES AND RESOLUTIONS (Continued) - Res. 87-R-5l Appointing Councilman Russell Prater as Vice Mayor and Councilman David Mitchum as Acting Mayor - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING A VICE MAYOR AND AN ACTING MAYOR OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read Section 1, 2, and 3, noting the term for one calendar year. Councilman Asting moved they adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 87-R-52 Appointing John Ciaffoni to Building Trades Regulatory and Appeals Board - City Attorney Alvarez read this Resolution. RES. 87-R-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING JOHN CIAFFONI TO THE BUILDING TRADES REGULATORY AND APPEALS BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 87-R-52. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 87-R-53 Setting fees for rental of City Hall - City Attorney Alvarez read this Resolution. RES. 87-R-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SETTING A FEE FOR THE RENTAL OF CITY HALL TO THE WATER AND WASTEWATER FUND IN THE AMOUNT OF ONE HUNDRED ($100.00) DOLLARS PER MONTH AND THE REFUSE COLLECTION FUND IN THE AMOUNT OF FIFTY ($50.00) DOLLARS PER MONTH FOR A TOTAL AMOUNT OF ONE HUNDRED AND FIFTY ($150.00) DOLLARS PER MONTH; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Road built across ball field - City Attorney Alvarez stated they met with the men from the School Board and their Attorney and it was a friendly, positive meeting and they're willing to work with the City and consider a relocation of the road. He noted they don't know the exact location and surveys might be required and it was concluded that, with Council's approval, this matter will be turned over to City Engineer Gerry Ferrara to look at the exact boundaries and the best possible design of the road to avoid unnecessary problems and when there's a solution they'll meet with the School Board representatives to discuss it further. Mayor Baugh stated that he instructed the City Engineer to get the data they need for relocation if they have the right of way. Freeman Newell, 2450 S. Ridgewood Ave., asked about the surveys. City Attorney Alvarez replied that no one knows for sure the limits between the railroad right of way and the property they lease from the School Board and how close they can get to the right of way. Mr. Newell pointed out the School Board has 25 acres. Mayor Baugh explained that's not on the lease with the City. Mr. Newell suggested they use their own land instead of using our leased land. Mayor Baugh and Mr. Newell discussed the location of the various fields. Mr. Newell questioned why Mr. Garrett gave the letter to do this and asked if he had Council permission. Mayor Baugh noted that Mr. Nadal has told him that he (the Mayor) was to have been contacted about that meeting, and the letter went out the day after he told them to stop it when he called the School Board. He added that this is a legal question. Mr. Newell asked City Attorney Alvarez if David Garrett has the right to give them permission to go across the ball field and soccer field or if Council has that right. City Attorney Avlarez replied that any use of City property has to be approved by the City Council as a general rule and he doesn't know the duties and responsibilities he has, or the authority to enter into a binding agreement. He added that it appears that on very short notice the School Board contacted City Hall and asked to send someone down to discuss the location of the road. Mr. Newell stated that the School Board should have been questioned then and stopped to think about it. City Attorney Alvarez stated it was done and it places them in a legal position where they're bound by the actions of their agent. Mr. Newell stated Council should ask for his resignation, and this should have come before Council. Mayor Baugh stated this will come back to Council as soon as they get a report back, and they'll meet after they get the information. -6- Council Regular Meeting Minutes November 16, 1987 , . o NEW BUSINESS o There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 8:26 P.M. Minutes submitted by: Lura Sue Koser ATTEST: CL:.- ~!)~- CITY CLERK Approved this 7th day of December ,198~. MAYO~~ rffk- CO -P l~ rc~ -7- Council Regular Meeting Minutes November 16, 1987