Loading...
07-06-1987 - Regular f , , o Q CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 6, 1987 MINUTES CALL TO ORDER Mayor Earl 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 Councilman David Mitchum City Attorney Jose Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Dr. Tee delivered the invocation. There was a salute to the Flag. Mayor Baugh asked for a motion to go out of the regular meeting and into the Public Hearing. Councilman Asting so moved, being seconded by Councilman Rotundo. Motion CARRIED 5-0. PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: Ord. 87-0-13 Amending residential and commercial permit, electrical permit, mechanical permit, plumbing permit, zoning application, special exception and variance, and subdivision preliminary plat fees. Attorney Alvarez read this ordinance. There were no comments from the audience or the City Council. Councilman Asting moved to close the public hearing~ being seconded by Councilman Prater. Motion CARRIED 5-0. Councilman Prater made a motion to adopt Ord.87-0-l3, being seconded by Councilman Asting. Motion CARRIED 5-0. APPROVAL OF MINUTES Councilman Mitchum moved to approve the minutes of June 15,1987, being seconded by Councilman Prater. Motion CARRIED 4-1, the Mayor voted no; he was not present at that meeting. BILLS & ACCOUNTS Councilman Rotundo moved to pay the bills, being seconded by Councilman Prater. Motion CARRIED 5-0. MISCELLANEOUS There were no comments from the audience. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting reported that the Rotary Club would like to build a public park on the property on Park Avenue. He introduced the President, Mr. Ron Carwile. Mr. Carwile explained to the Council the Rotary's intent is to construct a pavilion, perhaps some raquetball courts, restrooms and whatever else the City requires on City park areas. The facilities will be made available to the public, everything will be donated to the City. ~ o o Councilman Asting made a motion to approve the request, being seconded by Councilman Rotundo. Councilman Mitchum questioned whether all of this should be discussed with Mr. David Garrett prior to making a decision. Mr. Carwile said he did talk with Mr. Garrett about this. Mayor Baugh explained before anything is actually built, the plans should be discussed with Mr. Garrett, and he should present a sketch drawing to the Council. The motion CARRIED 5-0. There were no other Council reports. City Attorney Reports - The City Attorney did not have a report. City Clerk Reports - City Clerk/Administrator Martinez read her memo to the Council regarding the City's recommended budget to the Community Development Division for the fiscal year ending 9/30/88 in the total of $56,655. She re- quested Council concurrence with this proposal. This is the fourth year for submittal. Councilman Asting made amotion to accept this proposal, being seconded by Councilman Rotundo. Motion CARRIED 5-0. City Clerk/Administrator Martinez informed Council that proposals are being accepted for Consulting Engineers July 14, 1987. She would like guidance as to how the Council intends to review these proposals. Last year a board was established and they developed th~ir own review process, sending their recom- mendation to the Council for final approval. Attorney Alvarez suggested the Council have Mr. Terry Wadsworth review the proposals and make his recommendation to the Council. There was further dis- cussion as to how this was done last year, Mayor Baugh suggested a committee consisting of Terry Wadsworth, Councilman Asting and Ron Austin review the proposals and submit the top three to the Council for interviewing. Councilman Mitchum made a motion to that effect, being seconded by Councilman Rotundo. Motion CARRIED 5-0. Planning and Zoning Board's request to allow outdoor storage as special exception only and to eliminate outdoor display (tabled 3/2/87) Councilman Mitchum moved to bring this back from the table. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk/Administrator Martinez read her memo to the Council regarding outdoor display and storage, explaining the original intent of this process was to eli- minate outdoor display entirely and eliminate outdoor storage with very few exceptions. She added, the next step is for the Council, if they so desire, to authorize the City Attorney to prepare an ordinance amending the Code. There was discussion about how many businesses this will affect, Attorney Alvarez explained the present wording is unacceptable and he would reword the amendment, however, he feels it needs more preparation at the planning level before an ordinance is prepared. He added, this is a good concept, but it has to be done in such a manner that it solves the problem without creating more problems. Councilman Asting cautioned the Council that this could be discrimination. Mayor Baugh suggested a joint meeting with the Board of Adjustments, Planning & Zoning Board and Council to get all the information. Councilman Prater so moved. It was agreed that the City Attorney should be at this meeting also. Mrs. Louise Martin, Chairman of the Board of Adjustments, 1409 South Riverside Drive spoke to the Council that this is an effort to eliminate discrimination and keep Edgewater's thoroughfare clear from unbecoming outdoor displays. -2- Council Regular Meeting Minutes July 6, 1987 Q o Councilman Asting again warned of possible lawsuits. Attorney Alvarez stated everything is subject to a these possibilities and still accomplish the idea. two weeks to prepare a package for all the members challenge, we need to mlnlmlze He said he would need at least who will attend this meeting. Mr.' James Mackie, 1602 South Riverside Drive, member of the Zoning & Planning Board, spoke to the Council, explaining this has been a problem for some time and the board has tried to get something done. He would like some action taken, ,however, if they want a joint meeting, he will be glad to present all the infor- mation he has to them. He commented a solution to this lack of communication would be for the Council and the boards to receive copies of each other's minutes. Mr. Billy Klien, 2910 Needle Palm, member of the Zoning & Planning Board, informed the Council that a Public Hearing was held by the Zoning &.Planning Board con- cerning this matter; it is a matter of record. Perhaps those minutes could be put in this package. Councilman Mitchum seconded Councilman Prater's motion to have a joint meeting. Motion CARRIED 5-0. Library Construction Committee's request to go out for bids for new Library City Clerk/Administrator Martinez read the memo from the Library Construction Committee requesting authorization for the architect to go out on bids for the construction of the new library. Councilman Mitchum made a motion to grant this request, being seconded by Council- man Asting. Motion CARRIED 5-0. Fire Department's request to go out for bids to refurbish fire tanker 415 Administrative Fire Chief, Pat DiLeva, explained this is the same truck that was involved the last time the refurbish request was made. He also asked the Council's permission to move the item regarding the Fire Agreement renewal up for discussion at this time. Volusia County re: annual renewal of Agreement between County and City for Fire and Rescue Service for 1987 - 1988 for Greater Edgewater Fire District (tabled 6/15/87) Councilman Rotundo made a motion to take the agreement item off table and move it up for discussion at this time, being seconded by Councilman Prater. Motion CARRIED 5-0. Mr. DiLeva informed the Council that the Fire Department met with Mr. Willits from the County and they are in concurrence with the County Contract as presented. He recommended the contract be accepted by the Council. Councilman Rotundo made a motion to accept the contract for $32,000., being seconded by Councilman Prater. Motion CARRIED 5-0. Mr. DiLeva also informed the Council that at the same meeting with Mr. Willits it was agreed the Fire Department could go out for bids to refurbish the tanker with the same specifications they used previously. Councilman Mitchum made a motion to go out for bids, being seconded by Council- man Prater. Motion CARRIED 5-0. Mr. DiLeva told the Council their suggestion to use the $2,500. previously been requested by the Fire Department for the Fourth a donation to the new library was discussed by the department. ment was in concurrence with the suggestion. which had of July, as The Fire Depart- Councilman Prater made a motion to release the money to the library, being seconded by Councilman Mitchum. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes July 6, 1987 o o Mr. DiLeva thanked the Council and Rev. Dr. Tee, Chaplain, for their part in the dedication of the park on behalf of the Chief. COMMUNICATIONS Alice Murphy re: problems confronting Board of Adjustment Mrs. Alice Murphy, 230 North Riverside Drive told the Council that she has written letters to them, and never received replies. The last letter she wrote was to thank the Council for the opportunity to serve on the Board of Adjustment and to state that she will not be able to serve another term. Tonight she would like to go into the reasons for her decision. She went on to explain the inadequencies she feels exist as far as the way the meetings are run and the way variances are being granted. She gave several specific examples; a variance was,in her opinion, advertised incorrectly; criteria waived in one case and not in another and she was told not to bring this matter up again when she tried to discuss it. She feels the minutes were laundered to show these happenings did not occur. She expressed her belief that the variance requests should be dealt with by the criteria in the ordinance and not with compassion and feelings. Mayor Baugh commented there does seem to be some problems, he asked for the attorney's opinion. Attorney Alvarez asked if perhaps Mrs. Murphy has a suggested solution. Mrs. Murphy stated she has no animosity towards the board, she just doesn't think they understand the functions and limitations of the board. You have to go by the rules. It should be explained to them that they have to interpret the ordinance, we have to comply with it; education is the only answer. There was discussion about variances being by-passed and the Building Department issuing permits when the setbacks are not met. Mrs. Louise Martin, Chairman of the Board of Adjustment, told the Council Mrs. Murphy seems to want the Board of Adjustment to police the City of Edgewater. She is continually bringing matters up at the meetings and the only way to stop this was to ask her not to bring it up again. In regards to the incorrect advertisement, she had spoken with the City Attorney about the specific case and it was determined that the individuals involved were notified properly. Attorney Alvarez commented that he has discussed this matter with the City Administrator and it seems there are cases going to the board that should not get to that point. The Building Department should JUSt say, no; a self- imposed hardship does not go to the Board of Adjustment. This has been dis- cussed at the Department Head level on several occasions. Attorney Dana Fogle re: D.B.C.C. South Volusia Center Attorney Fogle made a presentation of the 95 acre parcel in the County, just on the boundary of the City of Edgewater, where this center is going to be built. He went over the entire design, pointing out the traffic area, the railroad and utility lines. He showed on the aerial map the exact location of the center and the anticipated future location of a rather large park area. Negotiations are underway presently with Florida East Coast Railway regarding the utility lines. He explained the difference in the cost of going to New Smyrna Beach versus Edgewater for the utilities,_ and if the funds are not raised, they will have to go with New Smyrna Beach. His desire was to go with Edgewater, due to the future possibility of this park area. He feels this will be a tremendous environmental asset, however, it won't develop as soon with the lines running north to New Smyrna Beach. ORDINANCES AND RESOLUTIONS There were no Ordinances or Resolutions. -4- Council Regular Meeting Minutes July 6, 1987 " . . ~ u UNFINISHED BUSINESS Volusia County P.E.A. & S.P.E.A. & Coastal Florida P.B.A. re: negotiator for labor agreements (from 6/1/87 meeting) City Clerk/Administrator Martinez read her memo to the Council regarding Mr. Inman's acceptance of negotiating the labor agreements. His only com- pensation for the job will be reimbursement for meals, mileage, etc. if he would have to travel out of town. Volusia County re: annual renewal of Agreement between County and City for Fire and Rescue Service for 1987-1988 FOR Greater Edgewater Fire District This item was moved up earlier on the agenda. NEW BUSINESS There was no New Business. ADJOURN Councilman Prater made a motion to adjourn, being seconded by Councilman Rotundo. Meeting adjourned, 8:22 P.M. Minutes submitted by: Debbie Sigler tL ~&, MAYOR l Excused ~;;N - zoti~ CO NCIL~~~ WO 711~~ COUNCILMAN ONE TREE Excused COUNCILMAN - ZONE FOUR ATTEST: CITY CLERK/ADMINIST Approved this July 20th day of , 198 7 . MAYJ:-. -c> PI-- -5- Council Regular Meeting Minutes July 6, 1987 ~ 1 --C/....e...t /