03-02-1987 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 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
Present
Present
Councilman David Mitchum
City Attorney Jose'Alvarez
City Clerk Connie Martinez
Chief Lawrence Schumaker
Present
Present
Present
Present
INVOCATION, SALUTE TO THE FLAG
Reverend Dr. Tee, Edgewater Union Church, gave the invocation. There was a
salute to the Flag.
PROCLAMATION - "65 ROSES BREATH OF LIFE BIKEATHON DAY"
Mayor Baugh went down into the audience and read the proclamation and presented
it to Mr. Larry Perkins, Chairman of the Cystic Fibrosis Bikeathon. Mr. Perkins
introduced Linda Montgomery and Cindy Benson, parents of children with cystic
fibrosis. Mr. Perkins reviewed the past accomplishments with the bikeathons and
listed some of the prizes offered for the participants.
Councilman Asting moved that the City of Edgewater donate $200.00 to the Cystic
Fibrosis Fund. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Mayor Baugh requested a motion to go out of the regular meeting and go into the
Public Hearings. Councilman Asting so moved. Councilman Prater seconded the
motion. Motion CARRIED 5-0.
PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION:
Ord. 87-0-1 - Amending Chapter 18 of Code by clarifying parking of boats and boat
trailers - City Attorney Alvarez read this Ordinance. ORD. 87-0-1 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 18,
SECTION 18-4, SAME-BOAT TRAILERS AND UTILITY TRAILERS; PARKING AT OWNERS HOME,
BY ADDING BOATS TO SAID SECTION; CONTAINING A REPEALER PROVISION; A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input.
Clarence Matthews, 1326 Orange Tree, questioned what people are do with with a
boat if they can't park it in front of the house. He pointed out that he doesn't
own a boat. Mayor Baugh explained they're just adding the word that should have
been there previously and it's now boats and boat trailers, but doesn't change
the parking of the boats. Mayor Baugh further explained that the ordinance
specifies that if it can't go to the back or side, then it goes to the front and
this didn't change. City Attorney Alvarez also explained the change was to add
the word boats. Mr. Pat DiLeva, Assistant Code Enforcement Officer, also
explained that the ordinance didn't change except for the one word added, and
boats may be parked in the front if they're unable to park in the rear or side.
Ord. 87-0-2 Amending Section 10-8 of Code by updating prohibitions and regulations
on discarded appliances - City Attorney Alvarez read this Ordinance. ORD. 87-0-2-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SECTION 10-8,
OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, ABANDONED AIRTIGHT
CONTAINERS, BY PLACING SAID SECTION INTO COMPLIANCE WITH FLORIDA STATUTE 823.07;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE. Mayor Baugh asked for audience input and there was none.
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PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued)
Ord. 87-0-3 Establishing raw water system outside of City and increasing
connection charges for potable water inside the City - City Attorney Alvarez
read this Ordinance. ORD. 87-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, SECTIONS 19-10,19-12,19-14,
19-42 AND 19-43 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PRO-
VIDING FOR THE ESTABLISHMENT OF A RAW WATER DISTRIBUTION SYSTEM OUTSIDE THE
CITY; BY PROVIDING FOR CONNECTION CHARGES TO SAID SYSTEM; BY PROVIDING FOR
METER RATES; BY PROVIDING FOR IMPACT FEES AND PAYMENT OF SAID FEES BEFORE
CONNECTIONS TO SAID RAW WATER SYSTEM OUTSIDE THE CITY AND BY REESTABLISHING
AND INCREASING THE POTABLE WATER CONNECTION CHARGES INSIDE THE CITY;
CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE. Mayor Baugh asked for audience input.
Frank Roe, 2732 Juniper, asked if there will be any cost to the City to
extend potable water outside the City or if it will be paid by the person
outside the City. Mayor Baugh replied it will be paid for by the person
requesting it, plus there's an additional fee.
Ord. 87-0-4 Establishing a major user policy for water and sewer - City
Attorney Alvarez read this Ordinance. ORD. 87-0-4 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER AMENDING ARTICLE IV, SECTION 19-47
BY INSTITUTING A WATER AND SEWER MAJOR USER PROGRAM PROVIDING FOR POLICY,
PROCEDURE FOR CAPACITY; PAYMENT OF SEWER AND WATER FEES; FDER PERMITS;
ALLOCATION FACTORS; CAPACITY RECAPTURE; CHANGES OF FEES; CAPACITY LISTS;
CITY APPLICANTS CAPACITY; SEPTIC TANK POLICY; EXTENSION POLICY; RESERVE
CAPACITY FEE AND PREPAYMENT POLICY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for
audience input and there was none.
Ord. 87-0-5 Amending Sect. 5-29 and 5-33 re: pet license fees and expiration
dates - City Attorney Alvarez read this Ordinance. ORD. 87-0-5 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 5-29
AND 5-33, "LICENSE CERTIFICATE REQUIRED" AND "COST OF LICENSE", OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING FOR THE EXPIRATION OF ALL
LICENSES ON DECEMBER 31 OF EVERY YEAR AND BY INCREASING THE FEES FOR SAID
LICENSE FROM TWO DOLLARS TO FIVE DOLLARS; BY CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked
for audience input.
C. E. Clark, 1818 Evergreen, questioned why cats were not included with this
ordinance. He read excerpts from two prior ordinances regarding animals
running at large. He questioned the difference in a wild or woods cat and
a neighborhood cat. He asked the penalty for picking an animal up and then
returning them. He said he heard there was no charge for a family.
City Attorney Alvarez explained they just increased the fees on licenses.
Mr. Clark questioned if cats should be licensed. Mr. Clark pointed out that
the ordinance of June 17, 1985 changed to include cats but it didn't refer to
licensing. City Attorney Alvarez explained the change was regarding cats
running at large but licensing of cats is a new matter. Chief Schumaker said
cats don't bark, and he explained the Animal Control Officer makes the determin-
ation if the animal is of such a nuisance to warrant a citation. He added
they don't have the problems or complaints with cats like they do with dogs.
He noted a wild cat will continue to breed and cause more of a problem, and
owners of domestic cats will be told to keep the animals in the household.
Mr. Clark spoke at length about the cats in his neighborhood and the damage
they're doing to his property. Mayor Baugh reminded him this is a Police matter
and he should talk to the Police Department. There was further discussion
about animal behavior being a nuisance. Mayor Baugh asked Mr. Clark to get
with the Chief on this.
Mayor Baugh requested a motion to go out of the Public Hearing and go back to
the regular meeting. Councilman Prater so moved. Councilman Asting seconded
the motion. Motion CARRIED 5-0.
-2- Council Regular Meeting Minutes
March 2, 1987
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PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION:
Ord. 87-0-1 Amending Chapter 18 of Code by clarifying parking of boats and
boat trailers - Councilman Asting moved to adopt the Ordinance. Councilman
Prater seconded the motion. Motion CARRIED 5-0.
Ord. 87-0-2 - Amending Section 10-8 of Code by updating prohibitions and
regulations on discarded appliances - Councilman Prater moved to adopt the
Ordinance. Councilman Mitchum seconded the motion. Motion CARRIED 5-0.
Ord. 87-0-3 Establishing raw water system outside of City and increasing
connection charges for potable water inside the City - Councilman Asting moved
to adopt the Ordinance. Councilman Rotundo seconded the motion. Motion
CARRIED 5-0.
Ord. 87-0-4 Establishing a major user policy for water and sewer - Councilman
Rotundo moved to adopt this Ordinance. Councilman Prater seconded the motion.
Motion CARRIED 5-0.
Ord. 87-0-5 Amending Section 5-29 and 5-33 re: pet license fees and expiration
dates - Councilman Prater moved to adopt that Ordinance. Councilman Asting
seconded the motion. Motion CARRIED 5-0.
APPROVAL OF MINUTES
Regular Meeting of February 11, 1987 - Councilman Asting moved to adopt the
minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Special Meeting of February 17, 1987 - Councilman Asting moved to adopt the
minutes of February 17, 1987. Councilman Mitchum seconded the motion.
Councilman Prater questioned if he should abstain or vote no because he was
absent and City Attorney Alvarez replied there's a procedure in the Code that
requires a yes or no vote. Motion CARRIED 4-1. Councilman Prater voted NO
due to absence from that meeting.
Special Meeting of February 19, 1987 - Councilman Rotundo moved to accept these
minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0.
BILLS AND ACCOUNTS
Councilman Prater moved to pay the bills and accounts. Councilman Rotundo
seconded the motion. Councilman Mitchum questioned an amount to Rescue Equipment
on page 1. City Clerk Martinez replied it's a repair to the Hurst tool.
Councilman Mitchum asked if it's the Fire Department and City Clerk Martinez
replied yes. Motion CARRIED 5-0.
MISCELLANEOUS
Elizabeth Taylor, Park Place, suggested the City build slips for rent to make
money for the upkeep of the park. Mayor Baugh questioned if the City can do
that and City Attorney Alvarez replied he didn't see why not, as many munici-
palities have marinas. Mayor Baugh stated they'll have to look at it from a
cost standpoint, as it would be expensive. Mrs. Taylor pointed out that a lot
of people have small boats with no place to park them and they might be willing
to rent a slip. Councilman Rotundo suggested they turn it over to Parks and
Recreation and Mayor Baugh agreed they'd do that and have David Garrett look
into it.
COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES
City Council Reports - Councilman Asting stated he'd requested a report from
the Public Works Department on what's been accomplished in cleaning out swales
and drainage ditches in Florida Shores and they'd prepared a map showing
what had been done since October to the middle of February. He said it adds
up to about 10; miles of swales and ditches done in this period of time. He
distributed copies of the map to the other Council members. He noted that the
City Engineer reported that 9; miles of major ditches and canals have been
cleaned out so this should contribute to better stormwater drainage in case of
heavy rains. He noted that the new sewer system will also help to reduce the
flooding. Councilman Prater briefly reviewed the situation near Wildwood.
Councilman Asting said they checked that before and it belongs to the railroad
and they didn't get anywhere with the railroad or the County the last time.
City Clerk Martinez pointed out a work order was given to Gerry Ferrara last
week as a result of a meeting between Ron Austin and a representative of F.E.C.
Councilman Prater noted it should be helpful to Wildwood.
-3- Council Regular Meeting Minutes
March 2, 1987
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
City Council Reports (Continued) -
Councilman Asting pointed out that Orange City, Holly Hill, and Ormond
Beach have already opted to oppose the County's impact fees and other
controls the County is trying to impose on the cities. City Attorney
Alvarez stated that the County has sued Orange City and Holly Hill and
Ormond Beach have intervened the lawsuit as party defendants. Mayor
Baugh noted that by ordinance we'd said we don't want it, but we haven't
joined with them. Councilman Asting moved that the City file a legal
action. Councilman Rotundo seconded the motion. Councilman Mitchum asked
if this is just a motion to oppose it or to go in with the other cities,
and Councilman Asting replied that's right. Motion CARRIED 5-0.
Councilman Asting stated he has a list of streets where sewers are installed
but the streets are not paved or need resurfaced. He suggested they look
at this list soon to see about doing them. Mayor Baugh suggested they set
up a special meeting for paving of streets. There w~s no objection from
other Council members to setting up a meeting. Councilman Asting pointed
out they budgeted to do 2~ miles and these streets are short streets of a
couple of blocks.
Councilman Mitchum stated that he's ridden with the Police Department employees
in an observing capacity, two nights with uniformed officers, and has also
watched the detectives work in the new facility, and he thinks the Chief has
done a tremendous job and there's been a tremendous improvement. He said
he observed nothing but professionalism. He told the Chief to keep up the
good work as they're 100% behind him.
City Attorney Reports - City Attorney Alvarez stated that Council has received
communications from him regarding negotiations and ongoing litigation.
City Clerk Reports - City Clerk Martinez read the highlights of.a memo
received from the U.S. Postal Service dated February 19th. She said this
was in response to the mail placed in mail boxes in Cory Estates without
postage, which gave the impression it was from the City of Edgewater.
Police Department - recommendation on bids for emergency generator - City
Clerk Martinez read the February 20th memo from Chief Schumaker, recommending
they accept the low bid from Sun Construction Equipment, Inc. for $9,395.00.
Councilman Mitchum moved to accept it as recommended. Councilman Prater
seconded the motion. Councilman Asting asked what fuel this will burn, gas
or diesel. City Clerk Martinez replied it's #2 diesel. Motion CARRIED 5-0.
Police Department - recommendation on appointment of honorary Police Chaplain -
City Clerk Martinez read the February 24th memo from Chief Schumaker
recommending that Dr. Lawrence E. Tee serve as departmental Chaplain. Mayor
Baugh questioned if this needs to be done in the form of a resolution and
City Attorney Alvarez replied it would be a good idea to make it formal.
City Attorney Alvarez noted that City Clerk Martinez had discussed this with
him and he saw no problem with it. He asked if the Chaplain will be riding
with the officers and Chief Schumaker replied on some occasions. City Attorney
Alvarez asked if there's any danger of his getting hurt and liability to us.
Chief Schumaker replied that as long as he remains under his umbrella of
insurance in that his duties would be consistent with Chaplain type duties,
it will be no problem. Dr. Tee, from the audience, stated that as long as
there is no pay involved, the insurance under his ministerial group will
cover it.
Councilman Asting moved that the City Attorney draw up a resolution appointing
the Reverend Tee as Chaplain for our Police Department, and also that if possible,
he be outfitted in an appropriate Police uniform. Councilman Mitchum seconded
the motion. Mayor Baugh said it might make him a target. Motion CARRIED 5-0.
-4- Council Regular Meeting Minutes
March 2, 1987
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Parks and Recreation Department's request to purchase pick up truck under
State bid - City Clerk Martinez read the February 24th memo from Mr. David
Garrett, Recreation Director/Buildings and Grounds Maintenance Superintendent,
requesting authorization to purchase a Chevrolet S-lO pick up truck with no
options at a State bid price of $6,552. The memo stated it would replace the
1973 Ford van, which it is not economically feasible to repair. Councilman
Asting moved to authorize the Recreation Department to obtain this truck.
Councilman Rotundo seconded the motion. Councilman Asting reviewed the poor
condition of the van. Councilman Mitchum questioned if the van is used for
mowing, like a utility truck. Mayor Baugh replied it's the old Animal Control
truck. Motion CARRIED 5-0.
Fire Chief's recommendation on bids to refurbish fire truck - City Clerk
Martinez read the February 20th memo from Fire Chief Gary Lamb, recommending
that the only bid received be rejected. The memo pointed out that the County
had a problem regarding their specifications being competitive for all companies.
Mayor Baugh requested a motion to reject these. Councilman Asting so mvoed.
Councilman Prater seconded the motion. Motion CARRIED 5-0.
Civil Defense Director's request to attend 9th Annual Hurricane Conference April
1-3 in Orlando - Mayor Baugh noted this is the one he attended in Texas last
year. City Clerk Martinez read the list of expenses, with a total of $386.26,
and pointed out receipts will be required. Councilman Prater moved to give him
his request. Councilman Rotundo seconded the motion. Councilman Mitchum asked
what a hurricane conference is and Mr. Vic Vandergrifft, Civil Defense Director,
replied it's updated information on items regarding hurricanes and they go from
8AM to about 5 each afternoon to conferences and seminars. Councilman Mitchum
asked if he'd gone last year and Mr. Vandergrifft replied yes. Councilman
Mitchum asked if there's something new every year and Mr. Vandergrifft replied
yes, and it's beneficial. Motion CARRIED 5-0. Mayor Baugh asked Mr. Vandergrifft
to bring back a report.
Planning and Zoning Board - request to amend Section 707.00 re: utility sheds -
City Clerk Martinez reada.January 19th memo recommending amendment to section
707.00 to add: "Storage sheds of more than 120 square feet shall conform to the
detached garage requirements of that zoning district and that there be no more
than one shed per residence." She noted this was a clarification request from
the Building Official. Councilman Prater moved to grant the request. Councilman
Asting seconded the motion. Motion CARRIED 5-0.
Planning and Zoning Board - request to allow outdoor storage as special exception
only and to eliminate outdoor display - City Clerk Martinez read the January 19th
memo which recommended they no longer allow outdoor display within the City
limits and that they allow outdoor storage as a special exception only. She
noted that the proposed wording is attached. Councilman Rotundo moved to
accept this recommendation. Councilman Prater seconded the motion. Councilman
Mitchum stated this eliminated outside display entirely and Mayor Baugh agreed.
Councilman Mitchum questioned if the outside display is permanent or if it's
sidewalk sales. City Clerk Martinez replied the intent is permanent and side-
walk sales would be an overnight thing. She noted that some things are exempt.
Councilman Mitchum asked about sidewalk sales at a shopping center. Councilman
Asting asked if items could be sold at a store and displayed out during the day.
Mayor Baugh pointed out they need to get this clarified. Councilman Mitchum said
he thinks the intent was to eliminate seedy types of things such as those placed
on U.S.l and being overdisplayed. Mayor Baugh suggested the motion be withdrawn
and Councilmen Rotundo and Prater agreed to withdraw. Councilman Mitchum moved
to TABLE this until such time as they have clarification. Councilman Asting
seconded the motion. Motion CARRIED 5-0.
-5- Council Regular Meeting Minutes
March 2, 1987
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) -
Recomendation to remove all barricades in alleys throughout the City -
City Clerk Martinez read the February 20th memo recommending that Council
order the removal of all barricades in alleys throughout the City. Mayor
Baugh recommended this be TABLED and let the Attorney look at it to see
if we're in violation or if it's up to what it's supposed to be. Councilman
Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0.
Planning and Zoning Board recommendation to add to Section 603.01, R-4
multi-family permitted uses re: single family front yard minimum requirement -
City Clerk Martinez read the February 20th memo which recommended they add
to Section 603.01 (a) a minimum yard requirement for single family homes be
30 feet. She noted that it currently reads 40 feet and it's out of line
with the other single family zoning in the City. Councilman Asting moved to
approve this request. Councilman Prater seconded the motion. City Attorney
Alvarez noted that this R-4 is high density and there may bea reason why it
should be 40 instead of 30 feet. City Clerk Martinez said it didn't get changed
to 30 along with the others. Mr. Mark Dowst came forward and stated that he was
the applicant requesting the change. City Clerk Martinez noted that it was
presented as an oversight on the City's behalf. City Attorney Alvarez asked
who he represents and Mr. Dowst replied he represents R. A. Coleman and they
want to amend the front yard requirement in R-4 from 40 to 30 feet. He noted
that R-4 allows multi and single family dwellings, and he read some of the
definitions currently in the ordinance. He stated they only want to change the
front yard and the others can remain the same, but the 40 foot gives a large
front yard and restricts the back. He added that Planning and Zoning encouraged
them to develop single family instead of multi family. He distributed a handout
to Council that listed the requirements in other cities and in the County.
Mayor Baugh asked if he's referring to single family only and Mr. Dowst replied
yes. Councilman Mitchum said they're using the same size lots and Mr. Dowst
agreed that's correct and the density is the same, but they went from 10 foot
closer to the road. Councilman Mitchum asked for the City Attorney's comments.
City Attorney Alvarez noted this was recently changed in 1983 and 1984 so he
doesn't know if it was considered by the Planning and Zoning Board. Mr. Dowst
stated that the developer wants to put single family in an R-4 zone. Motion
CARRIED 3-2. Councilman Mitchum and Mayor Baugh voted NO.
Planning and Zoning Board recommendation to include churches in R-3 as a
special exception - City Clerk Martinez read the February 24th memo. Councilman
Rotundo moved to accept the recommendation from the Planning and Zoning Board
to allow churches in R-3 districts as a special exception. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
Mayor Baugh requested a motion to allow the City Attorney to draw up the necessary
papers on the three items. Councilman Prater so moved. Councilman Asting
seconded the motion. Motion CARRIED 5-0.
Marshall, Engineers recommendation on bids for aerial topos and request to
re-advertise for bids - City Clerk Martinez read the February 24th letter
from Frank E. Marshall, III, recommending they reject the bid received as
they felt the specifications were not specific enough. Mr. Marshall also
requested that they rewrite the request for proposal in a more specific manner
and re-advertise for proposals. Mayor Baugh asked who drew up the specifications
and City Clerk Martinez replied it was Frank Marshall. Mayor Baugh asked if
there's going to be another fee and City Clerk Martinez replied she understands
there will not be. Mayor Baugh asked that it be made clear there would be
no fee for drawing these up again.
Councilman Mitchum stated that he thinks he made a mistake in approving the
February 17th minutes. He read excerpts from the minutes,that Gerry Hartman
stated they worked with Marshall, Engineers and Ferrara Engineering on this
project, and that on September 29, 1986, they submitted a Florida Shores Master
Plan and presented it to Council and it was accepted and approved.
-6- Council Regular Meeting Minutes
March 2, 1987
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Marshall, Engineers recommendation on bids for aerial topos and request to
re-advertise for bids (Continued) -
Councilman Mitchum continued that he wanted to clarify that the September 25,
1986, minutes read that Frank Marshall asked Council to accept the findings
of the report and implement the master plan, and Gerry Ferrara asked if it
had to go out to bids. Councilman Mitchum added that Gerry Hartman's reply
was they're asking for acceptance of the report and not the master plan.
Councilman Mitchum then stated that in the December 2nd minutes, under
Miscellaneous Engineering Matters, Frank Marshall stated they need topographic
studies and winter is best without the leaves in the way, and that it's the
basic information to start the project. He added that Frank Marshall said the
only one they have is one Gerry Ferrara has and it's not just for sewers, but
for drainage and paving also, and they want to start constructing the capital
improvement program for the Florida Shores project. He noted that Councilman
Asting had asked at that meeting what the cost would be and Mr. Marshall told
them it would be about $15,000, and they've received a bid in the neighborhood
of $60,000. He stated he thinks they made a mistake in letting out a bid on
a project that does not even exist yet. He then moved that they TABLE this
until Frank Marshall can be here and clarify why we're letting out bids and
authorizing Frank Marshall to collect a fee on something that doesn't exist
and will not exist until the March 11th meeting, if and when they authorize
something to be done in Florida Shores. Mayor Baugh said the plan was
accepted by the Council. Councilman Mitchum again clarified that the minutes
state the report was accepted, but not the plan, meaning the Florida Shores
Master Plan, and they didn't accept it. He added that they will not look at
it until March 11th, and they allowed Frank Marshall to collect the
fees on a project that has not been approved. City Clerk Martinez asked if
he's referring to the December 4th minutes. Councilman Mitchum again read
excerpts of the September 25th minutes, noting they accepted the report and
did not ask them to implement the master plan.
Councilman Mitchum then moved to TABLE this until the City Attorney can look
at it and give them a clarification of what it is and Frank Marshall can
come back. He pointed out this was not a budgeted item and he has a problem
with spending money on a project that does not exist yet and he recommended
any money spent be spent after they have the project and be included in
the budget on that project. Councilman Prater seconded the motion. Mayor
Baugh asked City Attorney Alvarez to research it and answer back by the 11th.
Councilman Mitchum agreed that would be okay. Motion CARRIED 5-0.
COMMUNICATIONS
There were no Communications submitted for this meeting.
ORDINANCES AND RESOLUTIONS
Ord. 87-0-6 Repealing Art. II, Flood Damage, Chapter 9-5 of Code and re-enacting
new Art.II in its entirety - City Attorney Alvarez read this Ordinance.
ORD. 87-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
REPEALING "ARTICLE II-FLOOD DAMAGE PREVENTION", OF CHAPTER 9.5 OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY, AND REENACTING
A NEW "ARTICLE II-FLOOD DAMAGE PREVENTION" IN ITS ENTIRETY, CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
He stated this was done because of the requirements of the National Flood
Insurance Program based on a two-year study. Mayor Baugh pointed out this is
first reading. Councilman Rotundo moved to accept this Ordinance 87-0-6 as is.
Councilman Prater seconded the motion. Motion CARRIED 5-0.
Res. 87-R-lS Appointing Jon M. Davis to Citizen Code Enforcement Board - City
Attorney Alvarez read this Resolution. RES. 87-R-lS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING JON M. DAVIS TO THE
CITIZEN CODE ENFORCEMENT 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. He stated
it is for an unexpired term to end August 2, 1988. Councilman Prater moved to
adopt Resolution 87-R-lS. Councilman Mitchum seconded the motion. Motion
CARRIED 5-0.
-7- Council Regular Meeting Minutes
March 2, 1987
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ORDINANCES AND RESOLUTIONS (Continued)
Res. 87-R-16 Restructuring responsibilities and duties of City Administrator -
City Attorney Alvarez read this Resolution. RES. 87-R-16 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO.
84-R-60 BY RESTRUCTURING THE DUTIES AND RESPONSIBILITIES CONFERRED UPON
CORNELIA A. MARTINEZ, AS CITY ADMINISTRATOR, FOR THE CITY OF EDGEWATER, BY
DIRECTING THAT THE CITY ADMINISTRATOR BE RESPONSIBLE FOR THE HANDLING AND
DISPOSITION OF ALL THE WRITTEN COMMUNICATION RECEIVED IN THE CITY INCLUDING
REQUESTS TO VACATE PUBLIC EASEMENTS OR RIGHTS OF WAY AND REFER SAME TO THE
APPROPRIATE CITY DEPARTMENTS; BY DIRECTING THAT ALL REQUESTS FOR AMENDMENTS
TO THE CITY CODE BE REVIEWED BY THE CITY ADMINISTRATOR BEFORE BEING SUBMITTED
FOR COUNCIL APPROVAL; AND BY DIRECTING THAT THE CITY ADMINISTRATOR EXERCISE
ALL NECESSARY AND PROPER ACTS IN ORDER TO CONDUCT THE DAILY ADMINISTRATIVE
AFFAIRS OF THE CITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING FOR AN EFFECTIVE DATE. Mayor Baugh noted that it will still come to
Council after research. Councilman Rotundo moved to adopt Resolution 87-R-16.
Councilman Prater seconded the motion. Councilman Mitchum asked the City
Attorney if this looks in order and City Attorney Alvarez replied he carefully
prepared the Resolution. Motion CARRIED 5-0. City Attorney Alvarez stated it
should make the Council's job easier and the administration more effective and
they'll be fully informed.
UNFINISHED BUSINESS
Recommendation from Planning and Zoning Board and Utilities Superintendent re:
Luis Geil's request to relocate easement at 612 N.Ridgewood Avenue - City
Clerk Martinez read the February 20th memo recommending approval of the request
as long as Mr. Wadsworth's recommendations are followed. The Board also asked
that the City Engineer approve the job when completed. Councilman Asting moved to
grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
City Attorney Alvarez thanked Mr. Geil for his assistance and patience.
NEW BUSINESS
William Ihrig, 408 Village Court, asked to speak to Council. Mayor Baugh
and City Clerk Martinez explained this item is for Council's new business.
After discussion, and an agreement that there was a misunderstanding about
when on the agenda he was supposed to speak, it was agreed to hear him.
Mr. Ihrig reviewed problems he had with a new home built by Coleman and said
he'd talked with Dennis Fischer about it. He asked who okayed the electric
on his home and Mayor Baugh replied it would be the Building Official.
Mr. Ihrig then referred to railroad ties and debris which he has pictures of
and he'd like to have it cleaned up. Mayor Baugh suggested he turn it over
to Mr. Pat DiLeva, Assistant Code Enforcement Officer,and Mr. Ihrig agreed
he'd contact Mr. DiLeva. City Clerk Martinez stated her office is next door
and he can contact her for assistance. Mr. Ihrig again asked who the electrician
was that okayed his house and City Clerk Martinez replied she'd check this out.
ADJOURN
Mayor Baugh requested a motion to adjourn. Councilman Rotundo so moved.
Councilman Prater seconded the motion. Meeting was adjourned at 8:47 P.M.
Minutes submitted by:
Lura Sue Koser
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COUNCILMAN - ZONE FOUR
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ATTEST:
CITY CLERK/ADMINISTRATO
Approved this 16 th d of
March n_~19 ~.
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Ml\.YOR
-8- Council Regular Meeting Minutes
March 2, 1987