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08-17-1987 - Regular o (,) .... CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 17, 1987 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:01 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 Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Dr. Tee, Edgewater Union Church, delivered the invocation. to the Flag. There was a salute I Mayor Baugh recessed the meeting briefly at 7:06 P.M. the City Attorney, who was in City Hall in a meeting. arrived at 7:08 P.M. Mayor Baugh called the recessed 7:09 P.M. to await the arrival of City Attorney Alvarez meeting back to order at Mayor Baugh requested a motion to go from the regular Council meeting into the Public Hearing. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING - SECOND & FINAL READING & ACTION: Ord. 87-0-15 Amending Appendix A, Art. VI, Sect. 605.02, MH-2 Mobile Home Sub- division District - City Attorney Alvarez read this Ordinance. ORD. 87-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ARTICLE VI, SECTION 605.02, "MOBILE HOME SUBDIVISION DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY REPLACING ALL REFERENCES OF MOBILE HOME WITH MANUFACTURED HOME; BY ALLOWING POOLS AND OTHER RECREATIONAL FACILITIES; BY INCREASING THE MINIMUM SIZE FROM 10 TO 50 ACRES; BY INCREASING THE LOT AREA, THE DIMENSIONAL REQUIREMENTS, THE LIVING AREA REQUIREMENTS; REGU- LATING SIGNS, TREE REMOVAL AND OPEN SPACES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez pointed out the title states the Ordinance regulates open spaces and they need to add the 20% requirement. He noted that it's on page 3 of the Ordinance, adding the words "common open space minimum 20%" under subparagraph I, number 8. He stated that he has a substitute page 3 with this wording and there was no change in the title. Mayor Baugh agreed they would all initial the change. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council comments and there were none. Mayor Baugh requested a motion to close the Public Hearing and go back into the regular meeting. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-15 - Councilman Asting moved that they adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of August 3, 1987 - Councilman Prater moved that they approve the minutes of August 3, 1987. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. Q (.) MISCELLANEOUS Kermit Farwell, 209 Hart Avenue, stated he has a drainage problem behind his house. He said it's a large lot and the drainage ditch goes into a 14" tile, so when there's a heavy rain, trash will wash down and stop up the small tile, backing up the water into the back yards of 4 or 5 houses. Mr. Farwell said they contacted the City before and were told it wasn't the City's responsibility and he contacted the Mosquito Control, who referred it back to the City. Mayor Baugh stated that the City Clerk will contact the people in the Street Department to look at it and see if there is anything they can do, then she'll get in touch with him. Henry C. Scherz, 1011 Egret Court, stated he'd read about the population figures in the newspapers and wondered about the figure of 5,300 people serviced with water by the City. Mayor Baugh pointed out that the entire City is now serviced with City water, but some don't have sewers. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater thanked City Attorney Alvarez for preparing the amendment to the animal control ordinance, 87-0-16, and getting it to Council so it could be adopted on an emergency basis on Monday, August 3rd. He stated that the barking dog situation still exists, and he'd like Assistant Code Enforcement Officer Pat DiLeva to inform them what can be done to alleviate the situation and what they can expect in the near future. Mr. DiLeva stated that he worked on Bond Street with Animal Control Officer Rhonda Sihler because they needed complaints signed and they got them from 3 different people who live in the Bond Street area, 1200 block. He said he got 3 complaints and 3 witnesses for each dog complaint. He stated that Rhonda is following up, and one person is getting rid of the dog, and one wasn't home so she issued a State of Florida citation and he later called and spoke to them. He continued that the other one wasn't home and Rhonda left the card with him to call and the citation is written and it just has to be given to him. He added that Rhonda didn't hear the dogs barking at the third one, and Bill Rossiter stated the dogs are no longer there so she left them a note with subpoena. He said Rhonda found another one down the street but they weren't home so she left the card there and they hope to get a call back on that one. Councilman Prater asked the date on the paper work and Mr. DiLeva replied it was Thursday, August 13th. Mr. DiLeva added that one dog is gone and the Doberman is kept inside now, according to the man. Mayor Baugh asked if the German Shephard that he got a call on is gone and Mr. DiLeva replied it's going out to Cow Creek Road. Councilman Prater asked about the pups at 1212 and Mr. DiLeva replied that's owned by Mr. Rossiter and his secretary said there are no animals there, but they're still pursuing it. Councilman Prater asked the City Attorney if the ordinance as it is now is sufficient to handle the problem and City Attorney Alvarez replied yes, and the legislative session last year criminalized animal infractions. He added that he's preparing some forms and further paper work and will get with Mr. DiLeva on that. Mr. DiLeva referred to the dedication to her job of Rhonda Sihler. He said he read ordinances from 4 or 5 cities and there was a 24-hour vicious dog law that he hopes to incorporate in our laws some day. Councilman Asting stated that previously they talked about paving Turgot Avenue to make it an egress from the school grounds to help alleviate a terrific problem at the entrance to the school, and especially during wet weather. He suggested they meet with the School Board to see how far they're willing to go to help with the problem as far as their responsibility on the school grounds. He asked that the City Clerk/Administrator prepare the communication to the School Board requesting a meeting and setting a date and time. City Clerk Martinez pointed out there was nothing budgeted for paving and Councilman Asting said that a traffic situation exists and they may have a serious accident, so he'd like to pursue it. -2- Council Regular Meeting Minutes August 17, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) Mayor Baugh announced for the audience that due to a holiday on the next regular meeting date, the next regular meeting will be held Wednesday, September 2nd, in the Community Center, to be in compliance with Section 2-20 of the Code. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Martinez stated that Council authorization is needed to cut a check for those wishing to attend the Volusia League of Municipalities dinner meeting at the Sugar Mill County Club on Thursday, August 27th, hosted by New Smyrna Beach. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Utilities Superintendent re: Florida Shores collection system - City Clerk Martinez read the August 11th memo from Mr. Terry A. Wadsworth requesting Council's approval for the Mayor to execute the letter of withdrawal of the request for inclusion on the collection system construction grants priority list as the Florida Shores collection system doesn't meet the necessary criteria for this funding. His memo added that they are still pursuing grant funding on the treatment plant and transmission portion of the project. Mayor Baugh noted that Mr. Wadsworth had asked him to sign the letter and he wanted Council to be aware of it. There was a brief discussion about the age of Florida Shores. Councilman Asting moved to authorize the Mayor to sign the letter. Councilman Rotundo seconded the motion. Councilman Mitchum asked if the second grant is in process and Councilman Asting replied yes. Motion CARRIED 5-0. Recreation Director/Buildings & Grounds Maintenance Superintendent's recommen- dation on bid for new flooring for Community Center complex - City Clerk Martinez read the August 6th memo from Mr. David Garrett, recommending Council accept the only bid which was from Stearns Carpet & Tile in the amount of $3,988.00. His memo pointed out that it meets all specifications. Councilman Asting moved they accept the bid from Stearns Carpet & Tile in the amount of $3,988.00. Councilman Mitchum seconded the motion. Councilman Prater questioned why only one bid was received. City Clerk Martinez replied that specifications were mailed to 10 companies, plus there was an ad in the newspaper. Councilman Asting stated that the bid doesn't seem unreasonable considering the size of the job. There was discussion about the size of the areas to have the new flooring. Motion CARRIED 5-0. Citizen Code Enforcement Board's selection of two (2) new members to fill vacancies - City Clerk Martinez read the July 31st memo from the Board advising their selection of Janice McGhee and Ella Ledger-Adle to fill two existing vacancies. Councilman Asting nominated one more person, William Hoffart, who put an application in a year ago and there were no vacancies at that time, and he recently renewed his request and seems very well qualified. He asked to add his name to have three candidates. Mayor Baugh requested a motion to have no more nominations. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Roll callan nomination of Janice McGhee CARRIED 5-0. Roll callan nomination of Ella Ledger-Adle CARRIED 3-2. Councilman Asting and Councilman Rotundo voted NO. Mayor Baugh asked that City Clerk Martinez contact Mr. Hoffart to see if he's interested in any other board. Mayor Baugh then asked the City Attorney to draw up the resolutions for the next meeting. -3- Council Regular Meeting Minutes August 17, 1987 o o COMMUNICATIONS University of Florida Re: preliminary population estimate - City Clerk Martinez read her August 12th memo which recommended they appeal the figure of 11,718 which was submitted, and request that it be 13,500 approximately. She noted this is based on the actual water customers and the study with Volusia County. Mayor Baugh pointed out that the Police Chief, Mr. Wadsworth, Mr. Fischer, and other people feel it's too low. Councilman Prater questioned the figure of 5,527 for water customers, and if it's businesses and residences. City Clerk Martinez replied that's everything. Councilman Prater questioned about the 2.5 figure used for businesses. City Clerk Martinez explained they also take trailer parks that have one meter and have 40 or people there and take that into consideration for that count. Councilman Asting moved that the Council concur with the memo from the City Clerk/Administrator. Mayor Baugh asked if he wants her to appeal and Councilman Asting replied yes. Councilman Rotundo seconded the motion. City Clerk Martinez pointed out that State Revenue Sharing proportionate dollars every year are based on the population. Motion CARRIED 5-0. Associated Marketing, Inc.'s request to renew bench agreement with City for ten (10) year period - Mayor Baugh noted that anytime there's a problem, these people are here and they take care of it, and he recommended they renew the agreement to continue to have their advertising on the benches. Councilman Rotundo asked about the ten year period. Mayor Baugh asked how long it was last time and City Clerk Martinez replied it was for five years. Councilman Rotundo said he'd rather go with five as he doesn't want to tie the City up for ten and he made that a motion. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez pointed out that the agreement was done in 1979 and since the City is now self-insured and these benches are located in the City's right of way, perhaps Council would want to include in the motion that the Self-Insurance Committee look at this matter and come back with some recommen- dations to Council which would include certain language in the agreement to protect the City. He added that he's not advocating they not continue the agreement but it's a new dimension that they didn't have before. Mayor Baugh noted that they have a policy for the insurance and City Attorney Alvarez said he'd like to review it. City Attorney Alvarez referred to an injury involving a bench. Councilman Rotundo withdrew his motion and Councilman Asting withdrew his second to the motion. Councilman Rotundo then moved to send this to the Attorney and let him come back with a finished resolution. City Attorney Alvarez noted that he'd like to take this up with the Self-Insurance Committee. Councilman Asting seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 87-0-17 Amending Section 7-21.1 (b) re: street light fees - City Attorney Alvarez read this Ordinance. ORD. 87-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 7-21.1 (b) "STREETLIGHT FEES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE STREETLIGHT FEES FROM $1.00 TO $3.00 PER $1,000.00 VALUATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Asting moved they adopt the Ordinance. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Ord. 87-0-18 Amending Section 19-63 (1), (2), (3), (4) and (5) re: garbage and trash collection and disposal fees - City Attorney Alvarez read this Ordinance. ORD. 87-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-63 "SERVICE CHARGE AND RATES,"(1),(2),(3),(4),AND (5) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE FEES FOR GARBAGE AND TRASH COLLECTION BY 75~ PER UNIT FOR RESIDENCES, MULTIPLE DWELLING, BUSINESS OR COMMERCIAL, PROFESSIONAL AND TRAILER PARK; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved they adopt Ordinance 87-0-18. Councilman Prater seconded the motion and then questioned the maximum of three cans, and if it should spell out for bags. City Clerk Martinez explained policy has always been the equivalent thereof. City Attorney Alvarez noted that if Council wants to amend it on first reading to include that language, they can use the wording "or equivalent". Councilman Prater agreed it could avoid confusion later. Mayor Baugh asked if it could be included in the motion and Councilman Rotundo replied yes. Councilman Prater agreed as the second to the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes August 17, 1987 o o ORDINANCES AND RESOLUTIONS (Continued) Ord. 87-0-19 Amending Section 15-3 (b) re: culvert installation and providing for right of way use permit - City Attorney Alvarez read this Ordinance. ORD. 87-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 15-3 AND 15-4, "CULVERTS UNDER DRIVEWAYS THAT CROSS DRAINAGE DITCHES" AND "FILLING OR OBSTRUCTING CULVERTS" RESPECTIVELY, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING THAT THE CONSTRUCTION AND INSTALLATION OF ALL CULVERTS BE DONE BY THE ENTITY RESPONSIBLE UNDER A BUILDING PERMIT ISSUED BY THE CITY UNDER THE SUPERVISION OF THE SUPER- INTENDENT OF PUBLIC WORKS; PROVIDING FOR A RIGHT OF WAY USE PERMIT; ESTAB- LISHING AN INITIAL FEE; PROVIDING THAT NO CERTIFICATE OF OCCUPANCY WILL ISSUE UNLESS THE WORK HAS BEEN APPROVED BY THE CITY OFFICIALS AND PROVIDING FOR THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC WORKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Prater moved they adopt Ordinance 87-0-19. City Clerk Martinez noted there were some changes to be considered and City Attorney Alvarez said they don't effect the title, and he has a new original they can sign. City Clerk Martinez noted that Ron Austin questioned the grade stakes be done by Public Works and City Attorney Alvarez said it will be any aspect of this work. Councilman Prater included that in his motion. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-36 Appointing Ronnie C. Austin as Public Works Superintendent - Mayor Baugh stated that he's requesting this be withdrawn and he wanted Council to be aware of it. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 7:53 P.M. Minutes submitted by: Lura Sue Koser ~-=> &- MK 0~.1Jj ... "~-L~ COUNCILMAN -~ ONE EXCUSED COUNCILMAN - ZONE TWO +03 T ATTEST: ~41?2~ CITY CLERK/ADMINISTRAToyr;r Approved this 2nd day t6f September -:-I98-1-- 1i:a~ 61- ~ -5- Council Regular Meeting Minutes August 17, 1987