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09-02-1987 - Regular ~ . .. (.) Q . ., CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 2, 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 Excused Excused Councilman David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Reverend Harvey Hardin, retired Minister of the Edgewater Methodist Church, delivered the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of August 17, 1987 - Councilman Rotundo moved to approve these minutes. Councilman Mitchum seconded the motion. Motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Mitchum moved to pay the bills and accounts. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. City Clerk Martinez stated there was a supplemental bill with a memo from Mr. Pat DiLeva, Administrative Fire Chief, regarding the reason for the lack of a purchase order. She noted that it's to Communication Services for $65.08. Councilman Rotundo moved to pay this bill. Councilman Mitchum seconded the motion. Motion CARRIED 3-0. MISCELLANEOUS Bob Garthwaite, 10 Lee Drive, asked if anything had been heard about the Caldwell property. City Clerk Martinez replied no, unless the Attorney had heard something. Mr. Garthwaite asked if it's still in the courts and City Clerk Martinez replied she hadn't heard that it went back because he was to make a presentation back to the City with plans and a drawing and that hasn't taken place. Mr. Garthwaite expressed his concern that they may sell that property. Mayor Baugh advised he'd check with the City Attorney when he arrives. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh stated he'd had a request from people in the audience that they aren't able to hear some of the Council members and they'd like them to speak into the microphones. He said he'll bring this up at the next meeting also for the two that weren't present at this meeting. Mayor Baugh suggested Council consider an increase in insurance coverage for the Mayor and Council from $10,000 to $25,000 for life insurance. He noted that it will run about $468 per year for coverage for Council. He said he'll bring it up at the next meeting so the rest of the Council will be aware of it. City Attorney Reports - City Attorney Alvarez had not arrived at this time. City Clerk Reports - There were no City Clerk Reports at this meeting. Public Works Department - Resignation of Ron Austin, Superintendent - Mayor Baugh requested that Council table this until they have a full Council so that every Council person will have the opportunity to talk with Mr. Austin. He added that he'd talked to him, and he thinks the others should also. Councilman Mitchum moved to TABLE this for full Council because he'd like to talk with him also and he has some questions. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. r . o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Fire Department's recommendation on bids to refurbish fire tanker - City Clerk Martinez read the August 27th memo from Fire Chief Gary Lamb, recommending they accept the bid from Indiana Fire Apparatus for $31,545.00 as it meets all specifications. Councilman Rotundo moved that they accept this bid from Indiana Fire Apparatus for $31,545.00. Councilman Mitchum seconded the motion, and asked if this is budgeted. Mayor Baugh replied that it's coming from County funds and Fire Chief Gary Lamb, in the audience, agreed that's correct. Motion CARRIED 3-0. City Attorney Alvarez arrived at this time, 7:12 P.M. City Attorney Reports - City Attorney Alvarez had no report at this time. City Engineer Gerard Ferrara's request to renew contract as in-house engineer - City Clerk Martinez stated that in reviewing the increased need for engineering services, she's recommending they continue Mr. Ferrara month to month only, pending possibly hiring a full time in-house engineer. She pointed out that the volume of work is ever increasing. Mayor Baugh asked if that was budgeted and City Clerk Martinez replied no, but they did budget for Mr. Ferrara. Councilman Mitchum asked if the contract usually runs for one year and Mayor Baugh replied yes. Mayor Baugh asked City Attorney Alvarez if they can terminate an agreement with Mr. Ferrara upon notification. City Attorney Alvarez replied they can introduce language in the agreement for any length of time if the Council wishes to do that, or until an in-house engineer is hired, and when the engineer is hired, Mr. Ferrara will be given notification per that provision. Mayor Baugh recommended that Council renew the contract with that language in the event they get an in house engineer, with the 30-day notice from either party. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. Mayor Baugh asked City Attorney Alvarez to get with Mr. Ferrara on this. City Attorney Alvarez said he'd prepare that language and it will come back to Council at the next regular meeting. Board of Adjustment's selection of new member - City Clerk Martinez read the August 14th memo recommending Mrs. Sadie Sue Glover. Mayor Baugh stated that he'd known Mrs. Glover for about three years and he would highly recommend her to the Board. Councilman Rotundo moved that they select Mrs. Glover and that the Attorney's to draw up the necessary papers. Councilman Mitchum seconded the motion. Motion CARRIED 3-0. Industrial Development Board's request for $400 for expenses for Industrial Appreciation Week - Mayor Baugh stated that they'd talked about this before and City Clerk Martinez noted that it's back to Council because it was not done by motion. Mayor Baugh requested a motion. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. Planning and Zoning Board - Request to eliminate schools as special exception in R-l,R-2,R-lA,R-2A,R-lB and R-2B districts, Request to amend Sect. 715.06, site plan expiration to allow one 6-month extension, Request to amend Sect. 715.02, site plan approval, by adding foundation permit, tree removal and or land clearing permit, and Request to amend Sect. 715.02, site plan, re: interior renovations and review by Planning Department - Mayor Baugh requested that items 1, 2, 3, and 4 be TABLED for full Council and they have a chance to check over this because he has several questions on one of them and he'd like the rest of the Council to look at them before they vote. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. COMMUNICATIONS Alfred A. DeCubellis's request for special permit to open auto recycling yard - City Clerk Martinez noted there's an application for a special permit in their packets for Hibiscus Wholesale Auto Parts and per the Code, Council is the only authorizing agency. She noted this is an auto recycling yard on Old County Road. Councilman Mitchum said he'd like to TABLE this for full Council because it's a big step and it's something that might require the attention of all of them, and he made that a motion. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. Mayor Baugh advised Mr. DeCubellis, who was seated in the audience, that it will be back on the next regular meeting agenda for full Council on the 21st. -2- Council Regular Meeting Minutes September 2, 1987 C1 o o ORDINANCES AND RESOLUTIONS Ord. 87-0-20 Amending Chapter 19, Utilities & Services, water and sewer rates - Mayor Baugh stated this is first reading. City Attorney Alvarez read this Ordinance. ORD. 87-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19, UTILITIES AND SERVICES, ARTICLE II, WATER, SECTION 19-10(f); SECTION 19-14(a);SECTION 19-15(a)AND(c); ARTICLE III, SEWERS, SECTION 19-30(f) AND SECTION 19-35; AND ARTICLE VII, WATER SHORTAGE CONDITIONS, SECTION 19-82 (4)a,b,& c; BY PROVIDING FOR AN INCREASE IN THE WATER RATES TO A MINIMUM OF $4.00 FOR THE FIRST 2000 GALLONS OF WATER AND $1.25 FOR EACH ADDITIONAL 1000 GALLONS; THAT THE MULTIPLE MINIMUM CHARGE WILL BE INCREASED TO $4.00 FOR THE FIRST UNIT AND $3.50 FOR EACH ADDITIONAL UNIT; THAT THE SEWER MONTHLY CHARGES WILL BE BASED ON 100% OF THE MONTHLY WATER CHARGES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved that they adopt the Ordinance. Councilman Mitchum seconded the motion. Motion CARRIED 3-0. Mayor Baugh stated he had a request for clarification of mobile homes and he'll explain it to the man after the meeting. Res. 87-R-37 Appointing Janice McGhee and Ella Ledger-Adle to Citizen Code Enforce- ment Board - City Attorney Alvarez read this Resolution. RES. 87-R-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING JANICE McGHEE AND ELLA LEDGER-ADLE TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the terms of office were until May 18, 1989 for Janice McGhee and until August 2, 1988 for Ella Ledger-Adle. Councilman Mitchum moved they accept Resolution 87-R-37. Councilman Rotundo seconded the motion. Motion CARRIED 3-0. UNFINISHED BUSINESS Mayor Baugh asked City Attorney Alvarez about the Caldwell property. City Attorney Alvarez replied that he hadn't heard a word from them. Mr. Garthwaite again expressed his concern that they possibly could sell the property and there would be a problem as there was no condition on that property. City Attorney Alvarez agreed he could sell the property, but that it will be our position, as was clearly stated on the record to his attorney, that the agreement made will be applicable to Caldwell or any subsequent owner. He added that if they'd sell that property without disclosing that information, it will complicate the liti- gation. He suggested a letter could be sent to his attorney if Council wishes to do that and use the minutes of that meeting the last time he appeared before Council to reaffirm our position. Mayor Baugh asked if there's any problem with that and no Council member expressed an objection. Mayor Baugh asked City Clerk Martinez to send a letter. City Attorney Alvarez suggested the letter would state to Attorney Watts that the agreement applies to Caldwell and any buyers. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Rotundo so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 7:27 P.M. Minutes submitted by: ' ~ ~ JUt:> ~ Lura Sue Koser 2. o CI MAN - ZONE TW c~~ COUNCILMAN - ZONE FOUR (t?J -3- Council Regular Meeting Minutes September 2, 1987