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05-04-1987 - Regular .!' j Q (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 4, 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 Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Reverend Roger Miracle, Friendship Baptist Church, gave the invocation. There was a salute to the Flag. City Attorney Alvarez arrived at this time, 7:03 P.M. PROCLA1'1ATION - "MUNICIPAL CLERK'S WEEK" Mayor Earl Baugh read the proclamation and presented it to City Clerk Martinez. Mayor Baugh requested a motion to go from the regular meeting into the public hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 87-0-10 Amending Chapter 7 by adopting latest revision of "Standard Building Code","Standard Fire Prevention Code" and "101 Life Safety Code" - City Attorney Alvarez read this Ordinance. ORD. 87-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7, ARTICLE II, SECTION 7-20, ARTICLE IV, SECTION 7-90, AND ARTICLE XI, SECTION 7-361, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING THE LATEST REVISION OF THE "STANDARD BUILDING CODE", "STANDARD FIRE PREVENTION CODE", AND THE "101 LIFE SAFETY CODE" RESPECTIVELY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Baugh asked for audience input and there was none. He then asked for Council comments and there were none. Ord. 87-0-11 Amending Sect. 603.01, R-4 allowing 30 ft. front yard for detached single family homes when no multi-family units are built in same area-City Attorney Alvarez read this Ordinance. ORD. 87-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, AMENDING SECTION 603.01 "R-4 MULTI-FAMILY DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING A THIRTY (30) FOOT FRONT YARD FOR DETACHED SINGLE FAMILY HOMES WHEN NO MULTI-FAMILY UNITS ARE BUILT WITHIN THE SAME AREA; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input and there was none. He 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 Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 87-0-10 Amending Chapter 7 by adopting latest revision of "Standard Building Code","Standard Fire Prevention Code" and "101 Life Safety Code" - Councilman Asting moved to adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 87-0-11 Amending Sect. 603.01, R-4 allowing 30 ft. front yard for detached single family homes when no multi-family units are built in same area - Councilman Prater moved to adopt Ordinance 87-0-11. Councilman Asting seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of April 20 1987 - Councilman Rotundo so moved. Councilman Prater 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 Phil Bonamo, 1700 North Indian River Road, New Smyrna Beach, stated that he's a junior at New Smyrna Beach Senior High School and he went on the trip to Washington, D.C. with the Close Up project. He stated it was a very educational trip and Florida was one of just three states that participated. He presented the Mayor with a Certificate of Appreciation for the money the City donated to the High School for this project. Attorney Allen Watts reviewed his prior request to Council regarding a resolution to the acceptance of Shangri-La by the City. Mayor Baugh advised him the Council tentatively approved the first four phases of the plan presented by the engineers and Shangri-La was included. He added it may take some time but the answer may be in that scope. Attorney Watts noted they're still getting the electric bill for the lift station. City Attorney Alvarez asked if the City can handle the electric bill and City Clerk Martinez replied yes, and she'll send a letter to Florida Power and Light. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated he thinks it's time the City staff reviews the engineering commitments to avoid any duplication of efforts on the part of the engineers. He pointed out the big project with the expansion of the water plant is out of the way and now they're going with the sewer system and the plans are pretty well complete except for the financial aspect. He moved that the City staff review the engineering situation and come back with recommen- dations to the Council and the staffing should take into consideration any dupli- cation of effort on the part of the engineers and they can eliminate that. Councilman Mitchum asked for clarification and questioned if the duplication is the work Frank Marshall has been doing and it's a duplication. Councilman Asting replied that part will be examined with the Staff going over the entire situation. Councilman Mitchum said he'd like to address this later in the meeting. Councilman Rotundo seconded the motion. Motion DID NOT CARRY 2-3. Councilman Prater, Councilman Mitchum, and Mayor Baugh voted NO. Mayor Baugh stated he has a question under the resolutions. Councilman Mitchum stated that he's ridden with the police, both uniformed officers and detectives, and noticed there's a lack of essential equipment in various places and he requested the Police Chief to bring Council a priority list of essential needs and equipment and they can review it and get some priorities in line. He added that this will be brought up at budget time but they could be reviewing them before that time. Mayor Baugh said a motion is not needed and the Chief has the authority to bring back his requests. Chief Schumaker agreed he'd do that. City Attorney Reports - City Attorney Alvarez spoke on the Growth Management Commission. He said the City hired a Planning Assistant, but they have to realize Edgewater's in a growing process and one person is not a staff of people like the County has and all the larger municipalities. He said some members of Council attended the Growth Management Commission meeting last week. He pointed out Edgewater is in the middle of the County that's subject to a tremendous amount of growth and the only areas capable of doing that are southwest and southeast Volusia. He noted the growth will have a consequent demand on City services. He said they have to find sources of revenue to deliver these services and one of the biggest sources is impact fees. He stated other governmental entities put demands on us and they sent a report on the Mosquito Lagoon Study and it went to Lynne Plaskett, who was also involved in the grant obtaining program for the Library. He said he was asked a question about Edgewater and Mosquito Lagoon as a member of the Growth Management Commission and he didn't know what they were talking about. He said he had a series of inquiries and found the County wanted us to have comments and observations by a certain date. He said he requested Mayor Baugh and Mrs. Plaskett to attend the meeting and asked that the matter be postponed until they find out the status. He added as a result of legislation enacted by the State in 1985 and amended in 1986, municipalities as local governments as well as Counties, are under a severe strain to produce certain results by certain dates. -2- Council Regular Meeting Minutes May 4, 1987 Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports (Continued) - City Attorney Alvarez stated that the Comprehensive Land Use Plan had more flexibility before and by next year they have to have a complete overhaul of our Comprehensive Plan with every element that the State has placed upon us. He noted the amount of money and work is one of the major tasks to face the City, and regardless of water, sewer, paving, and Police control, there's now another demand to meet, but this one is right now. He stressed that if they don't meet the time table, it will mean loss of revenues for the City. He stated that he met with some department heads last Friday, and today he talked with the City Administrator and met with Dyer, Riddle, Mills & Precourt and the result of those meetings is a joint recommendation to Council that a technical planning committee be formed to serve as a local planning agency for the City in order to avoid what happened the previous Thursday night. He said it was suggested it be composed of five positions: Public Works Superintendent, Utilities Superintendent, City Administrator, City Attorney, and ex-officio City Engineers, whether advisory, or our in-house engineer, which is a tacticle task force to insure and be responsible to Council the compliance with the 1985 and 1986 Growth Management Act. He said the group would be empowered with the duties to comply with State Statutes and be aware of things going on around us because we're in a major area of growth. He added this group can create the network of information to the Commission and to the State. Mayor Baugh said he won't go through another meeting like the one last Thursday. City Attorney Alvarez stated that expertise is needed from the Superintendents and City Engineers to render traffic engineering information, etc. He added they didn't discuss prices. City Clerk Martinez asked if staff could work with this group in addition and City Attorney Alvarez replied the group is primarily staff people. City Clerk Martinez asked about other members not on this committee and City Attorney Alvarez replied that's the concept and they need involvement of all staff members. He added they selected these superintendents because their areas will be impacted by this legislation. He said if the need arises for other staff input, the communication will develop there. City Clerk Martinez pointed out that portions may need to be contracted out and City Attorney Alvarez agreed some portions would have to be, but he feels they have so much human resources in-house that they can utilitize and save a lot of taxpayers' money. He noted the City Administrator and Department Heads have to live with this Comprehensive Plan as opposed to contracting it out to some strangers. He added the plan will be approved by D.C.A. City Clerk Martinez asked if this group has to be adopted by ordinance and City Attorney Alvarez replied yes. Mayor Baugh suggested it be left as engineers rather than naming a particular group. City Attorney Alvarez pointed out they have an in-house engineer and he has his level of expertise and Frank Marshall has his level, but the only group able to handle it is Dyer, Riddle, Mills and Precourt. Mayor Baugh asked if a resolution could appoint the engineers. City Attorney Alvarez replied the engineers will be ex-officio and it could be any other consulting engineers that are on board, but it should be a large firm that can supply them with information that's needed. He added that Gerry Hartman has three planners on staff and also has traffic engineers. He said he wants an impact fee ordinance on roads, fire and police to present to the Commission and to Council. He added that the new law requires they must impact new growth and in supplying the basic data on this, they need a firm with capabilities to supply them with back up resources. Councilman Mitchum so moved that the City Attorney draw up the necessary papers. City Attorney Alvarez clarified it's an ordinance designating the positions he previously gave and the consulting engineers ex-officio as the indicated advisors of the committee or the local planning agency. He noted they have to report to the G.M.C.by May 27th plus there's a deadline on the Comprehensive Plan of next year and this is an emergency situation. Mayor Baugh asked if they can have it on an emergency basis at the next meeting. There was a discussion about dates. City Attorney Alvarez noted they want it in place to present it to the Growth Management Commission on May 27th. Councilman Prater seconded the motion. Mayor Baugh suggested they could call a special meeting when the ordinance is ready. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes May 4, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Martinez had no report at this meeting. Public Works Superintendent's recommendation on bids for two new 5-yard dump trucks - City Clerk Martinez read the April 24th memo from Superintendent Ron Austin recommending the bid be awarded to Jon Hall Chevrolet as the lowest bidder and that met all specifications at a price of $16,556.91 each. Mayor Baugh asked if these are Federal funds and City Clerk Martinez agreed it's Federal Revenue Sharing. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Public Works Superintendent's and Utilities Superintendent's recommendation on bids for scrap metal - City Clerk Martinez stated they're recommending the high bid on scrap metal from Big John Simmons at $350.00. Councilman Asting moved to award the bid to Big John Simmons for $350.00. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Florida East Coast Railway Company re: reworking crossing at 26th Street - City Clerk Martinez explained FEC originally sent a letter to approve this request per their agreement and she had no figures or the agreement but has since received the figures and the agreement and the crossing at 26th Street is in need of rebuild. She read their March 12th letter, and said the estimate is $25,900. She said she reviewed this with Mr. Ferrara and was advised the City doesn't want to enter into railroad maintenance. She recommended, based on the agreement with FEC, to authorize the work to proceed by FEC. She pointed out they'll have to incorporate it in a budget amendment because it's not budgeted, but it's difficult to obtain this prior to budget time because of FEC's scheduling. Mayor Baugh asked about the 20 day deadline and City Clerk Martinez replied she'd been corresponding with them and Mr. Fondren is aware it's coming to Council at this meeting. Councilman Rotundo asked if the engineer looked at this and City Clerk Martinez replied yes. Councilman Asting asked if it's the recommendation of the engineer to let the railroad do it and City Clerk Martinez replied yes, because we don't have equipment, manpower or time. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Coastal Florida Police Benevolent Association re: ratification of contract - City Clerk Martinez read the April 28th letter from Jon A. Kindell, President of P.B.A. She noted that she received the contract but has not yet proofed it and authorization for ratification could be made subject to typos. City Attorney Alvarez asked if the contract reflected the items contained in her letter to P.B.A. and City Clerk Martinez said she hadn't proofed it but that would be the basis, plus the previously signed off items. Councilman Mitchum moved to accept the contract pending the proofing of it as it pertains to our letter sent to the Association. Councilman Asting seconded the motion. Motion CARRIED 5-0. New Smyrna Beach-Edgewater-Oak Hill Chamber of Commerce request for financial help of $500 - City Clerk Martinez read the April 27th letter from President John Vazquez and Executive Director Ellen Dodge. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Mayor Baugh stated they do a good service and City Clerk Martinez agreed. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 87-R-26 Accepting final assessments and completed improvements for portions of Guava Dr., Orange Tree Dr., Queen Palm Dr., and Willow Oak Dr. - City Attorney Alvarez read this Resolution. RES. 87-R-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 170 OF FLORIDA STATUTES, ACCEPTING THE FINAL ASSESSMENTS AND THE COMPLETED IMPROVEMENTS FOR GUAVA DRIVE FROM INDIAN RIVER BOULEVARD SOUTH TO 26TH STREET, ORANGE TREE DRIVE FROM 12TH STREET SOUTH TO 30TH STREET, QUEEN PALM DRIVE FROM INDIAN RIVER BOULEVARD SOUTH TO 30TH STREET, AND WILLOW OAK DRIVE FROM 30TH STREET SOUTH TO 36TH STREET; PROVIDING FOR PAYMENT OF SAID ASSESSMENTS WITHOUT INTEREST WITHIN THIRTY (30) DAYS; PROVIDING FOR AN INTEREST RATE OF 7~% (ANNUAL PERCENTAGE RATE); REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes May 4, 1987 . " " o o ORDINANCES AND RESOLUTIONS (Continued) Res. 87-R-27 Authorizing appropriate officials to execute Amendment No.4 to Agreement with Dyer, Riddle, Mills & Precourt;, Inc./Marshall, Engineers re: Western wellfield and western water treatment plant projects - City Attorney Alvarez read this Resolution. RES. 87-R-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Mitchum moved to accept. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Res. 87-R-28 Authorizing appropriate officials to execute Amendment No. 5 to Agreement with Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers re: water storage facilities maintenance activities and rehabilitation of sewer system, Flagler Avenue and Riverside Dr. - City Attorney Alvarez read this Resolution. RES. 87-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Mitchum moved to accept it, but with one stipulation. He said he's convinced there's duplication and utilization of a certain engineer that could have been done by an in-house engineer and it cost them a considerable amount more money. He noted that before they needed all these gentlemen to a certain degree, but in asking citizens to spend 20 million dollars, they need to tighten their belts, and he'd like the resolution to have an amendment to it authorizing the City Attorney to put into effect our option on the 30 day agreement with the engineers' contract to terminate Mr. Marshall and put what engineering work he would be doing from this date in with our consulting engineers Dyer, Riddle, Mills & Precourt and Gerry Ferrara, our in-house engineer who they have a contract with at a much reduced rate. He added that he's accepting this amendment but to cut off any future expenditures with Mr. Marshall and that's a stipulation on the acceptance of the resolution. City Clerk Martinez pointed out Council had previously authorized the work in amendment #5 and he was authorized to do the work. Councilman Mitchum said he's referring only for future work and amendment #5 is to be accepted but Frank Marshall's services be terminated as per the 30 day notice and our in-house engineer Mr. Ferrara be allowed to work more closely with our consulting engineers. Councilman Prater seconded the motion. City Attorney Alvarez stated that the agreement is with Dyer, Riddle, Mills & Precourt and Marshall, Engineers and he understands the motion is the agreement with Dyer, Riddle, Mills & Precourt would continue, exempting Marshall, Engineers. Mayor Baugh agreed. City Attorney Alvarez said he understands after meeting with the Utilities Superintendent that amendment #5 does terminate the assigned work involved, and it involved Marshall, Engineers so it's coming out to a natural end anyway. Motion CARRIED 4-1. Councilman Rotundo voted NO. 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 7:59 P.M. Minutes submitted by: Lura Sue Koser p -f:: 1:: 7"4:5 ATTEST: COUNCILMAN - ZONE FOUR -5- Council Regular Meeting Minutes May 4, 1987