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02-02-1987 - Regular Q Q CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 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 The Reverend Dr. Tee, Edgewater Union Church, gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Special Meeting and Workshop of January 8, 1987 - Councilman Asting moved to adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Special Meeting of January 12, 1987 - Councilman Prater moved to adopt the minutes of the Special Meeting of January 12, 1987. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Regular Meeting of January 14, 1987 - Councilman Asting moved to adopt these minutes. 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. City Clerk Martinez stated there are two supplementary bills, one from Budget Electric for the Water Department for $224.92 with a lengthy memo from Rob DeLoach attached, and the second one is for Conrad Yelvington for a total of $1,932.51 which is the slag and it exceeded the original purchase order by that amount. Councilman Prater moved to pay the supplementary bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Alan Eager, 114 North Riverside Drive, spoke at length about the trailer placed next door to his property on City Hall property. He questioned how it could be placed there when this area is not zoned for trailers. He also asked why it was placed on the property line instead of next to the City Hall building. Mayor Baugh explained the intent of the trailer is to alleviate the overcrowding in the Police Department. Mr. Eager stated that he doesn't consider this a viable solution and asked how long it will be there. Mayor Baugh replied that it's a temporary measure and will probably be there about 18 months. Mr. Eager stated that City Hall should set an example instead of putting up an eyesore. Councilman Mitchum explained the extremely overcrowded conditions in the Police Department and stated that he considers it a major problem, and public safety is the utmost concern. He added that he's sorry for the inconvenience to Mr. Eager, but they all need to pitch in. Mr. Eager stated that he's not just inconvenienced, he's upset, and it's an ugly structure placed where it's not zoned and it could be put right next to City Hall. Councilman Mitchum explained this Council is trying to upgrade things with limited funds. Mr. Eager asked if a fence could be installed to block the view and Councilman Asting replied that a fence is also expensive. Mayor Baugh stated that he'll talk with the City Clerk to see what can be done, and will also discuss it with the Police Department. o Q MISCELLANEOUS (Continued) Sue Glover, 2516 Pine Tree Drive, pointed out that there is an Edgewater in the Orlando area and the names being the same causes confusion when visitors come to our area. She asked if Council would consider changing our name to Edgewater Beach or Edgewater by the Sea, or some other name, to have the distinction between the two cities. She referred to Pompano being changed to Pompano Beach. Mayor Baugh stated that Edgewater in Orlando is not incorporated and is just a suburb, and they'll have to think about the name change. Jimmie Newell, 2850 S. Ridgewood Avenue, spoke on the lack of parking spaces for boat trailers on the week-ends. He said they have to go out of town to launch because people from Deland and Sanford come over on week-ends and use the area. He suggested that for week-ends only they could park their boat trailers where it says cars only because it's long enough. He noted that they have to consider the Shuffleboard use, but those people could use it across the front and boat trailers could use it by the water. Mayor Baugh said they might be able to get some signs made up with parking at certain times. Mr. Newell stated that a new dock isn't any good if you can't use it. Jane Thompson, 3303 Queen Palm, requested a street light for Queen Palm and Pine Tree. Mayor Baugh suggested she write a letter to the Street Light Committee requesting a light be placed on the corner and they'll check it out and make a recommendation. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh stated that formerly Jim Inman was the City's representative to the Daytona Beach Community College Steering Committee and Council needs to appoint a representative and an alternate to serve on that Committee. He suggested Councilman Asting and Councilman Asting agreed he'd serve. Mayor Baugh asked for a volunteer for the alter- nate and Councilman Prater agreed he'd stay as the alternate. Mayor Baugh stated that Earl Copeland was the Technical Coordinating Committee representative and Council needs to appoint a new representative and an alternate to serve on this Committee. He suggested Ron Austin, with Mike Tenney as the alternate. Councilman Asting moved that Ron Austin be appointed to the Board with Mike Tenney as the alternate. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez did not have a report at this time. City Clerk Reports - City Clerk Martinez stated that Council received copies of a petition for water that's being circulated throughout Cory Estates and there is information that is very incorrect, the fees are not accurate, and it states that for further information they should contact Terry at the Utilities with our telephone number listed. She said this had nothing to do with us, and she discussed it with the City Attorney and Utilities Superintendent, and they'd like authorization from Council to turn it over to the proper authorities for investigation. Councilman Asting so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Police Chief - Request for adoption of Police Department Operation Manual - City Clerk Martinez pointed out that Council had an opportunity to review this Manual. Councilman Mitchum moved that they adopt this. Councilman Asting seconded the motion. Motion CARRIED 5-0. Police Chief - request to go out for bids for emergency generator - City Clerk Martinez read the January 27th memo from Chief Schumaker. Councilman Prater moved go grant him his request. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes February 2, 1987 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks & Recreation De artment's recommendation on bids for la round and ark equipment - City Clerk Martinez read the January 26th memo from David Garrett, Recreation Director/Buildings & Grounds Maintenance Superintendent, in which he recommended Council accept the complete package from Dominica Recreation Products of Longwood at a cost of $15,246. Mayor Baugh pointed out that the Parks and Recreation Board unanimously approved this also. Councilman Rotundo moved to accept this recommendation. Councilman Prater seconded the motion. Councilman Prater pointed out they get an $1,800 discount by buying it in a package deal and also a 3% discount for cash up front. Mr. Garrett agreed that's correct. Councilman Asting asked where this will be installed and Mr. Garrett replied it will be at Umbrella Tree and Menard, and grills and tables at other locations around the City. Motion CARRIED 5-0. Public Works Su ervisor's re uest to urchase li bid - City Clerk Martinez read the January 26th memo from Mike Tenney, requesting authorization to purchase 10,400 gallons of AE-90 liquid asphalt at a total price of $6,500 from Mariana Asphalt. Mayor Baugh asked if this is budgeted and City Clerk Martinez replied yes. Councilman Asting moved to grant the request to purchase the asphalt. Councilman Prater seconded the motion. Councilman Asting pointed out this is for the paving of Guava. Motion CARRIED 5-0. Fire De artment's re uest for closed bid City Clerk Martinez read the January 9th Fire Chief. Councilman Rotundo moved to Prater seconded the motion. Mayor Baugh this and City Clerk Martinez replied yes. sale of six (6) unusable Scott air acks- memo from Pat DiLeva, Administrative accept this recommendation. Councilman asked if this is the way we have to do Motion CARRIED 5-0. Board of Trustees of Police Retirement Plan - Resignation of Larry W. Westfall - Councilman Asting moved to accept the resignation and send Sergeant Westfall a letter of appreciation for serving on the Board. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Building Trades Regulatory & Appeals Board - recommendation to reappoint Les Ogram for 3-year term (Present term expires 2-16-87) - Mayor Baugh recommended they reappoint Les Ogram to that Board. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Building Trades Regulatory & Appeals Board - resignations of Robert Howard and Fred Vanzin - Councilman Asting so moved. Councilman Prater seconded the motion and added to send a letter of appreciation to these two. Councilman Asting agreed that would be a part of his motion. Motion CARRIED 5-0. Building Trades Regulatory & Appeals Board - recommendation to appoint Norman Cox to fill one (1) vacancy - City Clerk Martinez read the memo from the Board Secretary, Beth Beeco, dated January 20, 1987. Councilman Asting moved to appoint Norman Cox to the Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. Buildin Trades Re ulator & A eals Board - re uest to a rove revised B -Laws- Councilman Rotundo moved to accept these. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - recommendation that City mow Indian River Boulevard - City Clerk Martinez read the January 19th memo from Chairman M. F. Wheeler. Councilman Asting pointed out this is a State road and is to be State maintained and they budget for it. He noted that we'd have to budget for it and use our labor and equipment to keep it clean and mowed with no remuneration from the State. He added that if the Boulevard is not kept up, the City can write a letter to the State requesting they maintain it in better condition. Councilman Rotundo brought up the fact that we're now self-insured and there would be a liability problem. Mayor Baugh stated that was his concern also. Councilman Rotundo asked about the Rotary Club's project and Mayor Baugh said they're not going to do it now because of the liability. Councilman Mitchum pointed out it's an eyesore when. it's not done. Councilman Asting suggested they could write to the legislators. Councilman Mitchum agreed it would be to our best interest to pursue it with vigor as it's a major route into the City. Mayor Baugh agreed. Councilman Rotundo moved to DENY this and in the event the grass grows too tall or it doesn't look presentable, we'll have one person designated to contact the State DOT to get out there and cut the grass. Mayor Baugh suggested it be the City Clerk to write the letter. Councilman Asting suggested they ask the public not to litter to help keep the appearance up. Councilman Asting then seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes February 2, 1987 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - request from Jake Wheeler and Fred Finn to be reappointed to Board (present terms expire 2-13-87)and Appointments to Board to be determined by Council and not recommended by Board - Mayor Baugh suggested that since they have several resumes from various people who would like to serve, they could have recommendations or nominations and each Council- man will have a chance to select someone. Councilman Rotundo recommended Jake Wheeler for another term. Councilman Asting nominated Bill Rossiter to serve. Councilman Mitchum recommended Jon Davis. Mayor Baugh recommended George Kontos, an engineer. Councilman Asting moved that nominations be closed. Councilman Prater seconded the motion. Motion CARRIED 5-0. There was a roll call vote of the nominees by how they were presented. The vote on Jake Wheeler was 3-2 with Councilman Mitchum and Mayor Baugh voting NO; the vote on Bill Rossiter was 3-2 with Councilman Prater and Councilman Rotundo voting NO; the vote on Jon Davis was 3-2 with Councilman Asting and Mayor Baugh voting NO; and the vote on George Kontos was 2-3 with Councilman Prater, Councilman Asting, and Councilman Rotundo voting NO. It was agreed to approve the first two voted on, Jake Wheeler and Bill Rossiter. Councilman Asting moved to accept those two persons for the Planning and Zoning Board. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Councilman Asting recommended that Council send a letter of appreciation to Fred Finn because he served on the Board for a number of years and deserves some sort of recognition for his service. Mayor Baugh agreed and no other Council member expressed an objection. Merit Board recommendations re: Merit Plan and recommended job reclassifications/ new titles - Mayor Baugh asked if there were any questions. City Clerk Martinez stated that the Merit Board spent about I! hours reviewing these in depth and all the Department Heads were present and questions were covered at that meeting. Mayor Baugh asked if these changes are budgeted and City Clerk Martinez replied the dollars are available and some positions will not be filled immediately. Councilman Mitchum moved to accept this. Councilman Asting seconded the motion. Mayor Baugh noted they went to a lot of work on these. Motion CARRIED 5-0. COMMUNICATIONS Attorney Glenn Storch's request for approval of Agreement between Radnor/Edgewater/ Volusia County - Councilman Asting noted they have signatures from Radnor and the County Manager but it's never come to Council before. Attorney Storch said the City Clerk told them it had to be signed by everyone else first. City Clerk Martinez stated that she'd never seen this Agreement before it came to her desk. Councilman Asting stated it should have come to the Council first. Attorney Storch said it's a matter of courtesy that they sign it last, and it's a way for them to go to the Growth Management Commission without the City's being required to do everything in regard to the Comprehensive Plan again. City Attorney Alvarez said he received a copy several weeks back and that's all he's aware of it and his question at the time was there's an appendix to the agreement and that's the conditions the developer agreed to with the County. He said he asked if we're a party to this and if we're to enforce the conditions. Councilman Asting asked if the parcel of land is in the City or the County and Attorney Storch replied it's in the City, but because of the Growth Management Commission, they have jurisdiction over it. He added that the Agreement is saying the City of Edgewater already amended the Comprehensive Plan, and the County is looking for a way to work out these projects that are in the pipeline. He noted that the law became effective in November but the Commission doesn't sit until February so they have that time lag, and they're saying the City has complied with all the procedures and provisions. He read excerpts of the Agreement, and noted that Exhibit B attached are the requirements that Radnor entered into with the County. He added that the only thing the City is agreeing to is what was done was all right. Mayor Baugh agreed that's how he understood it. City Attorney Alvarez stated_ that our position is our amendment to the Comprehensive Plan was properly done and procedures were followed and we don't need to agree that we are right. -4- Council Regular Meeting Minutes February 2, 1987 o o COMMUNICATIONS (Continued) Attorney Glenn Storch's request for approval of Agreement between Radnor/ Edgewater/Volusia County (Continued) - Councilman Mitchum moved that this be TABLED until such time as the City Attorney can go over it and make a recommendation back to them. Councilman Asting seconded the motion. Attorney Storch pointed out the City Attorney has had this for quite some time, ever since it was entered into with the County, and the purpose was so the Growth Management Commission could have it before them when they meet so they can vote on it. Mayor Baugh stated that the City Attorney can get in touch with him before the next Council meeting and can give them a recommendation at that meeting. Councilman Asting pointed out the next meeting is on the 11th, due to the holiday. Motion CARRIED 5-0. Request from Huntley Jiffy Stores to vacate alley between Hibiscus and India Palm and exchange for property across back of property - Jim Morris, Attorney practicing in Daytona Beach, represented Huntley Jiffy Stores. He stated the property is an alleyway that's not paved located adjacent to the Huntley Jiffy Store which is located adjacent to the railroad tracks. He displayed a map and photographs of the area, including the alley- way as presently located and the proposed exchange. Mayor Baugh asked if it's 15 feet and Attorney Morris replied yes. Attorney Morris said the issue is if people other than the property owners use that property for access and some to the north do use the alley. He pointed out that the property they want to dedicate to the City for this vacation is along the back line of Huntley Jiffy so the people will still have access, but from a different route. He added that the present separation of India Palm and Hibiscus does not conform to D.O.T. standards for separation and is just some- thing people cross in and out of. He said Indian River Boulevard is a State roadway and they have a problem with access ways that aren't in conformance with D.O.T. standards. He introduced Al Davis, a former D.O.T. official. Mr. Davis stated that D.O.T. wants to eliminate any conflict areas, such as alley ways, and the proposal here does meet the criteria and would eliminate an access point and would be in favor of D.O.T. Attorney Morris stated that the trade is roughly equal in benefit and the benefit to the City would be to maintain access to properties who use that access, but the traffic would be shifted. Councilman Rotundo asked if there are any utilities next to that building and Mr. Wadsworth replied there are none located in the alley way. Attorney Morris pointed out there's a telephone and power line there and they have no problem with maintaining the easement, and if the City has an extension of utilities down that back way, they're willing to maintain a utility ease- ment along that line. He added that they'll pay the cost to record it and provide a legal description to identify the easement and alleyway. Councilman Prater pointed out there would be a 900 turn there and Attorney Morris replied yes, but from a residential street as opposed to an arterial street. Councilman Prater asked if he'd agree to widening it to 20 feet coming to 15 feet, to have a better chance to make turns. Attorney Morris replied they'd agree to give 15 feet as a dedication to the City which would become City property, and would agree to an additional 5 foot of easement because of setbacks calculated from the alleway for whatever is constructed there. Councilman Asting asked what properties lie to the north of the proposed alley and Attorney Morris replied there's an apartment complex and an office building with sheet metal work in the back and a small mini-warehouse. Councilman Asting asked what they propose to do with the property adjacent to Jiffy. Attorney Morris replied they don't have a developed plan now but they approved a special exception for a gas pump there. Councilman Asting asked if they're planning any improvements because it's a dust bowl which gets muddy with rains. Attorney Morris agreed a portion of the lot will be stabilized. -5- Council Regular Meeting Minutes February 2, 1987 o o COMMUNICATIONS (Continued) Request from Huntley Jiffy Stores to vacate alley between Hibiscus and India Palm and exchange for property across back of property (Continued) - Mr. Jake Jacaway, with Huntley Jiffy Stores, said the gas pump island will be on the vacant lot and they'll put concrete around the gas pump island and asphalt to a certain extent, but he doubts if they'll do the entire area. Mayor Baugh asked if they'd grade the dust areas and Mr. Jacaway replied yes. Attorney Morris stated they intend to pave a portion of this and will grade the rest and put shell on it. He noted that it's not intended to be traffic bearing and it will eliminate the problem of dust and puddling. He said the concern for the 20 foot is the radius in making the turn. Councilman Prater said he intended the entire alley to India Palm would be 20 foot. Attorney Morris pointed out they can accommodate it with 15 foot of dedication and 5 foot of easement that will do it, but they don't want to go back to Board of Adjustment for the setback variance after they gave it to the City. Councilman Prater pointed out the existing alley on 442 is worth more than the one that's offered. Attorney Morris compared the measurements, and pointed out the difference in traffic from the arterial roadway, and said behind the existing store is paved with concrete and they can give an additional 15 foot there which would connect the two streets. Mayor Baugh noted it would eliminate the right angle unless they want to go north. City Attorney Alvarez pointed out this matter has been rejected twice for the same request. Mayor Baugh noted that they didn't want to go all the way through. City Attorney Alvarez said there was a request to vacate another alley denied and this matter is under Communications so no action can be taken at this meeting and the only possible action is to refer it to staff, especially Planning and Zoning for zoning because the alley runs the entire length of the subdivision and the matter has been debated heavily before. He added they need to have Planning and Zoning look at it, both the repercussions and what precedents may have been set. Attorney Morris stated that prior actions have not set a precedent. City Attorney Alvarez noted that it tells them it's a problem. Attorney Morris noted that it was a prior Council and Mayor Baugh corrected him that it was this Council. Attorney Morris stated they're just talking about access and previous information was not presented on traffic engineering, and they're willing to give access all the way through and go with the additional 5 foot for an easement. He added that he has no problem with going to Planning and Zoning, and he looks at each proposal as a new one. He stated that for the alleyway going through the subdivision, the signs and barricades indicate that the alley is not used through the subdivision and it's blocked off after the 3 or 4 properties there, and they'll give them access. He pointed out they have the opportunity to eliminate the liability. Councilman Asting asked him to restate what he's willing to do. Attorney Morris stated they'll dedicate 15 foot across the entire back of the Huntley Jiffy property from Hibiscus to India Palm to the Boulevard and will give an additional 5 foot as an easement for access to give the expanded width that Councilman Prater requested. He added they're willing to give a 10 foot utility easement along the edge of the building line in case they want to extend underground utilities. Councilman Mitchum stated he has no real problem but he'd like to TABLE it and send it to Planning and Zoning for recommendation. Mayor Baugh requested they get recommendations from Department Heads also. Councilman Prater seconded the motion. Motion CARRIED 5-0. Attorney Morris asked about a meeting with Department Heads prior to the Planning and Zoning meeting. City Attorney Alvarez noted that previously the Department Heads did not meet the representative. City Clerk Martinez stated she'll send a memo to Department Heads and if there's a question, she'll contact Attorney Morris. -6- Council Regular Meeting Minutes February 2, 1987 . . o o COMMUNICATIONS (Continued) Luis Geil's request to relocate easement at 612 N. Ridgewood - City Clerk Martinez read the January 27th letter from Mr. Luis C. Geil, requesting the replacement of the existing easements to one 10 foot wide easement along the southerly property line. Councilman Asting moved to turn this over to the Utilities Superintendent for his recommendation. Councilman Mitchum seconded the motion. Mayor Baugh requested that the motion be withdrawn so the City Attorney can make a statement. Councilman Asting and Councilman Mitchum withdrew the motion. City Attorney Alvarez said his statements are the same as with the previous case and in making a decision involving public rights of way and easements or streets or alleyways, they need to look at the overall picture. He suggested it go to Planning and Zoning for review and consideration to see why the request is being made, and then have Department Heads' input, submitting comments to Council as a full package. Mr. Luis Geil stated this is the sewer easement put on the property several years ago and on top of the property was an existing building, and there was a new site plan approved last year. He noted they changed ownership on the property and the bank found the easement. He added that the Planning Board and the corresponding department are aware of this and the request is just to switch the sewer easement along the south property line. He stated that they're short on time because the construction loan can't be closed. Councilman Asting stated that Council isn't under pressure and he moved to turn this over to the Utilities Superintendent and to Planning and Zoning for recommendations. Councilman Prater seconded the motion. Councilman Rotundo asked if these requests can be stopped before they come to Council. City Attorney Alvarez suggested Council consider adopting procedures to have these matters brought to staff level first, and City Clerk Martinez agreed. Motion CARRIED 5-0. Mayor Baugh recommended the City Attorney draw up the resolution authorizing the proper authorities to send these to the Board involved rather than to Council first to save time for all involved. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ordinance 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 PRO- VISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion, Mayor Baugh pointed out this is first reading. Motion CARRIED 5-0. Ord. 87-0-2 Amending Section 10-8 of Code by updating prohibitions and regu- lations 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. Councilman Prater moved to adopt Ordinance 87-0-2. Councilman Rotundo 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 - City Attorney Alvarez read this Ordinance. ORD. 87-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING ARTICLE II, SECTIONS 19-10,19-l2,19-l4,19-42,AND 19-43 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING FOR THE ESTAB- LISHMENT 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 SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum moved to adopt Ordinance 87-0-3. Councilman Asting seconded the motion. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes February 2, 1987 . . o o ORDINANCES AND RESOLUTIONS (Continued) 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. Councilman Rotundo moved to pass Ordinance 87-0-4. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 87-R-4 Appointing Robert Richards to Industrial Development Board - City Attorney Alvarez read this Resolution, and added the name of Robert Richards with a term to end April 23, 1988. Councilman Mitchum moved to adopt Resolution 87-R-4. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 87-R-5 Reappointing Mary Rice to Library Board - City Attorney Alvarez read this Resolution. RES. 87-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING MARY RICE TO THE LIBRARY BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PRO- VIDING AN EFFECTIVE DATE. He read the term of office to expire April 19,1990. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 87-R-6 Reappointing Jack Corder to Merit Board - City Attorney Alvarez read this Resolution. RES. 87-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; 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 the term of office is for one year to end February 4, 1988. Councilman Rotundo moved to accept Resolution 87-R-6. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 87-R-7 Appointing Ronnie Austin as Public Works Superintendent - City Attorney Alvarez read this Resolution. RES. 87-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING RONNIE C. AUSTIN AS THE PUBLIC WORKS SUPERINTENDENT OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING FOR COMPENSATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 87-R-7. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 87-R-8 Appointing Dan Grisell to Board of Trustees of Police Retirement Plan - City Attorney Alvarez read this Resolution. RES. 87-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PRO- VIDING AN EFFECTIVE DATE. He read the name of Dan Grisell for a term to end December 15, 1988. Councilman Asting moved to adopt this Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 87-R-9 Authorizing appropriate City officials to execute Agreement with Florida East Coast Railway Company re: Railway's rebulding Ocean Ave. grade crossing - City Attorney Alvarez read this Resolution. RES. 87-R-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO ENTER INTO AN AGREE- MENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR THE RAILWAY TO REBUILD THE EXISTING AT-GRADE CROSSING AT OCEAN AVENUE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo moved to adopt Resolution 87-R-9. Councilman Asting seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes February 2, 1987 j ~ . . , .' . o UNFINISHED BUSINESS o NEW BUSINESS There was no Unfinished Business brought up at this meeting. There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 8:40 P.M. Minutes submitted by: Lura Sue Koser ATTEST: Approved thisllthday of February , 198 7 MA& ~ (?f-- CO ~ -r ~ <~/~ ~u -9- Council Regular Meeting Minutes February 2, 1987