09-02-1987 - Regular
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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.
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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
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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: '
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Lura Sue Koser
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COUNCILMAN - ZONE FOUR
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-3- Council Regular Meeting Minutes
September 2, 1987