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08-03-1987 - Regular \. (.) u CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 3, 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 Excused Present Present INVOCATION, SALUTE TO THE FLAG Reverend Hartman, Christian Life Center, delivered the invocation. There was a salute to the Flag. PRESENTATION BY SOUTHEAST BANK OF DONATION TO NEW LIBRARY Bill Jasper, Southeast Bank, presented a check to Mayor new Library. He stated they were proud to support this challenge to other businesses to get behind the Library Baugh thanked him on behalf of the City Council and the and stated they're very appreciative of this donation. to Mrs. Gayle Harmon,:who also thanked Southeast Bank for APPROVAL OF MINUTES Earl Baugh for the project and issued a program also. Mayor members of the Library, He then gave the check the donation. Regular Meeting of July 20, 1987 - Councilman Asting moved to adopt the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 3-2. Councilmen Mitchum and Rotundo voted NO due to absence. Special Meeting of July 27, 1987 - Councilman Rotundo moved to pass these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there's a supplemental bill for the traffic signal installed at the corner of Park Avenue and U.S. 1 which had to be inspected prior to being put on line. She noted there was a discrepancy as to whether the County or City should pay it and it was determined it was a City bill because of the maintenance agreement. She added there was no purchase order obtained because of the confusion. Councilman Asting moved to pay the bill. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS James Hatfield, 236 Old County Road, stated the City budget is $4,100,000, which is approximately $900,000 more than last year's budget. He asked if it's needed and if the priorities of the money used is to benefit the people of Edgewater. He suggested the money could be used for paving of streets in Florida Shores. He referred to a telephone call he received regarding a survey of Edgewater and they asked him about the $21,000,000 deal for Public Works, and he told them it stinks. He said he disagrees that they need this amount for improvements and what they're taking in could be better appropriated. He referred to the fees of 50C raised for a garbage truck and said he was told it would just be for one year, and now they want another 75C for trash and garbage collection. He stated he can't see much improvement in the City since Council has been serving. u o COMMUNICATIONS (Continued) James Hatfield (Continued) - Mr. Hatfield stated that they voted a recreation development tax and he thinks all money that comes into the City should go into one account, and this tax is spent by the five men on Council and they buy property with it. He suggested they put the money in the General Fund and appropriate it as recreation. Mayor Baugh stated that's exactly what is done. City Clerk Martinez pointed out that $100,000 is in the budget. There was a dis- cussion about the money in the General Fund and in the recreation budget. Mr. Hatfield then stated that last year Council appropriated $87,000 for their salaries and expenses. Mayor Baugh pointed out it's about half that figure. There was a discussion about what comes out of the Council's budget besides salaries. Mr. Hatfield then spoke on paving of streets and then tearing them up to put the sewer in and repaving it. He said he was told by Councilman Asting that the contractors will pay for repaving the streets. Mayor Baugh pointed out the people will choose on a bond, and it will be a ballot for them to vote on. Mr. Hatfield reviewed how his area floods during heavy rains. Mayor Baugh pointed out that's why they're going out for capital improvements, to improve the conditions. Mayor Baugh added that Council reviewed the budget very carefully and cut out about half a million dollars. He noted that our taxes aren't going up and the County's is going up. Mr. Hatfield said he can't see how the budget can go up so much and Mayor Baugh replied it's growth and they need money to operate. He reviewed the increased need for personnel and new equipment. Mr. Hatfield referred to the equipment purchased by the railroad that lasted 50 years and was all bought from one company. Mayor Baugh noted that the City is required to go out for bids. Mr. Hatfield then reviewed the changes in the railroad and in Massachusetts in the Police Department. Mayor Baugh advised Mr. Hatfield that his time was up and Mr. Hatfield stated that he's not in favor of almost one million dollar increase in the budget. Harold Hardester, 817 Egret Court, suggested a feasibility study requirement for any new businesses that come in because of certain businesses that go in, such as retail stores, etc. He noted there are a lot of small shopping areas going up but they could overdevelop it. Mayor Baugh noted that Planning and Zoning checks them closely. Mr. Hardester said he inquired of the Planning and Zoning people, and he was informed that the City doesn't require a feasi- bility study on anything in the City limits. Mayor Baugh agreed it's not a requirement. Mayor Baugh then said they can check this with the City Attorney and the Comprehensive Plan will address a lot of that. City Clerk Martinez noted that the Future Land Use is part of the Comprehensive Plan. Councilman Asting asked if he felt competition would take care of too many of a certain business and Mr. Hardester replied no. Mayor Baugh noted that Winn-Dixie did a feasibility study and they paid for it, and he asked who would pay for the study. Mr. Hardester replied that he doesn't know who would pay for it but New Smyrna Beach has a requirement. Mayor Baugh said they will check with New Smyrna Beach and will contact Mr. Hardester with a reply. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no City Council reports at this meeting. City Attorney Reports - City Attorney Alvarez was excused from this meeting. -2- Council Regular Meeting Minutes August 3, 1987 Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Martinez stated that Council has a memo regarding the street light fees that they discussed at the July 28th budget workshop. She noted that a motion will be necessary to have the City Attorney amend the street light ordinance from $1.00 to $3.00 per $1,000 valuation to generate a more realistic cost recovery system. Councilman Rotundo so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. City Clerk Martinez read her July 29th memo regarding a garbage rate increase of 75C per unit on items 1 through 5 of Ordinance 85-0-19. She pointed out that the equipment reserve section will remain the same. Councilman Rotundo moved to amend Ordinance 85-0-19. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez read her July 29th memo regarding the culvert installation to have the homeowner or contractor install all culverts as of October 1st. She added that the staff is also recommending that the right of way use permit be issued with each new building permit for a fee of $20.00 plus l~% of the construction cost. Mayor Baugh asked where this fee came from and City Clerk Martinez replied it's from the Volusia County use permit. Mayor Baugh asked if this is what the County is doing now and City Clerk Martinez replied yes. Councilman Mitchum asked if it's l!% of the culvert and driveway and City Clerk Martinez replied yes, and it would be $1.50 for $100 construction cost. City Clerk Martinez pointed out that this would exclude all new subdivisions because the contractor is now required by the subdivision ordinance to put all the driveways and culverts in prior to construction. Councilman Asting moved to approve the amendment. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Superintendent's end of six (6) month probationary period (Tabled 7/20/87) - Councilman Prater moved to take this off the table at this time. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting pointed out that Mr. Austin supervises 36 employees and his salary is $20,000 a year, which compares to New Smyrna Beach's salary of $29,640 a year for the man who holds the same position. He asked that the job description for this position be read and City Clerk Martinez did so. Councilman Asting stated that when they took Mr. Austin off probation, they indicated he's capable of performing the work and he thinks his salary should be increased bringing it to $22,000 per year. Mayor Baugh asked if that's a motion and Councilman Asting agreed it was. Councilman Mitchum seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO. Regarding the effective date, Councilman Asting moved that it go back to when he was removed from probation. Councilman Mitchum seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO. Recreation Director/Buildings & Grounds Maintenance Superintendent's request to go out for bids re: Roberts Road property - City Clerk Martinez read the July 23rd memo from Mr. David Garrett requesting to go out for bids for two sets of two tennis courts with lights, four racquetball courts with lights, and one restroom facility for the Roberts Road property. Mayor Baugh asked if this will be outside racquetball courts and City Clerk Martinez replied yes. Councilman Mitchum moved to grant this request. Councilman Asting seconded the motion. Councilman Rotundo said he'd like to see a softball diamond on that and City Clerk Martinez noted there will be softball fields in the back and the tennis courts are up front. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes August 3, 1987 o o Recreation Director/Buildings & Grounds Maintenance Superintendent's request re: lease or purchase of 25 acres of School Board land - City Clerk Martinez read the July 28th memo from Mr. David Garrett. Councilman Asting moved to authorize Mr. Garrett to go ahead and pursue obtaining property from the School Board. Councilman Rotundo seconded the motion. Councilman Prater asked why they want to centralize all the ba11fie1ds in one place, as he's been asked about one at Roberts Road and they should work on getting one there. Mayor Baugh suggested they add it to the 14 acres. City Clerk Martinez noted that his intention is to put ba11fie1ds down there in the second phase, and they may not implement those on the School Board property this year. She added that she understood the 14 acres will be completed first and then the School Board's property. Councilman Prater said he'd like to see some of that done before they go to the School Board property. Councilman Asting noted that the 14 acres is being developed and he'd looked at the clearing. Mayor Baugh suggested they check about opening up a field down there, but they may be able to get the land from the School Board also. Councilman Mitchum pointed out this is just a request to ask questions about it, but he agrees with Councilman Prater that they shouldn't cut themselves too thin, and utilize the 14 acres and make a nice complex and pursue it first. Motion CARRIED 4-1. Councilman Prater voted NO. COMMUNICATIONS Larry & Nancy Carson's request to cross six (6) ft. planting strip and connect to City water - City Clerk Martinez read the June 26th letter from Larry and Nancy Carson. She then read the July 27th memo from Mr. Terry A. Wadsworth, Utilities Superintendent, which was a recommendation to approve the request to provide water subject to the additional 25% out of City charges. Councilman Asting moved to authorize the crossing of the planter for the purpose of pro- viding the water for the Carsons. Councilman Rotundo seconded the motion. Councilman Mitchum asked if it will be under the same requirements 'as the others so that it will revert back and City Clerk Martinez replied it's the standard agreement just for these purposes. Motion CARRIED 5-0. Florida League of Cities re: 61st Annual Convention in Miami Oct. 15-17, and naming of voting delegate - Mayor Baugh said he'd be going and asked if anyone else wants to go. City Clerk Martinez noted they need to submit the reser- vations the next day. Councilman Asting moved they authorize the Mayor to go to this Convention and that he be named the voting delegate for the City. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 87-R-33 Appointing Harold H. Hardester to Industrial Development Board - City Clerk Martinez read this Resolution. RES. 87-R-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING HAROLD H. HARDESTER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. She noted that the appointment is for an unexpired three year term to end April 23, 1988. Councilman Asting moved to adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 87-R-34 Appointing Virginia A. Lawson to Board of Adjustment - City Clerk Martinez read this Resolution. RES. 87-R-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING VIRGINIA A. LAWSON TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PRO- VIDING FOR POWERS, DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. She noted the term of office is for three years to end May 21, 1990. Councilman Prater moved to adopt Resolution 87-R-34. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-35 Authorizing City officials to execute Agreement for Engineering Services with Dyer, Riddle, Mills & Precourt, Inc. - City Clerk Martinez stated that due to the fact that the City Attorney is not present, she'd like to administratively withdraw this item. -4- Council Regular Meeting Minutes August 3, 1987 o o Supplement to Agenda: Ord. 87-0-16 Amending Chapter 5, Sect. 5-7 Animals and Fowl (Emergency)- City Clerk Martinez read this Ordinance. ORD. 87-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 5, SECTION 5-7 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, AMENDING SAID SECTION BY MAKING VIOLATIONS OF SAID SECTION SUBJECT TO THE CITY OF EDGEWATER CODE ENFORCEMENT BOARD; DECLARING THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE FOR THE PURPOSES OF FLA. STATUTE SECTION 166.041, DISPENSING WITH THE REQUIREMENT OF TWO SEPARATE READINGS BY A FOUR-FIFTHS VOTE OF THE CITY COUNCIL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. She read Section 1 of the Ordinance which explained the reason for the emergency. Councilman Prater moved to approve Ordinance 87-0-16. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Second roll call vote CARRIED 5-0. 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 Asting so moved. Councilman Prater seconded the motion. Meeting was adjourned at 7:52 P.M. Mayor Baugh then called the meeting back to order at 7:54 P.M. He stated that Councilman Mitchum would also like to attend the Florida League of Cities Convention and would like Council approval. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. John Scherz, 905 Egret Court, asked to clarify on the feasibility study on buildings and commercial stores, they aren't referring to having 14 bakeries and not allowing 15, but there are so many empty stores now, and they may attract the wrong kind of businesses. ADJOURN Mayor Baugh then requested another motion to adjourn. Councilman Mitchum so moved. Councilman Asting seconded the motion. Meeting was adjourned at 7:56 P.M. Minutes submitted by: .... " ILMAN - ZONE W COUN~ ~~~ COU~CIL~FOUR r ~ TJO ~ Lura Sue Koser ~c5' ~ CITY CLERK/ADMINIST~~R Approved this 1 7thd~ of AUgUst~ (3; . MA~ -5- Council Regular Meeting Minutes August 3, 1987