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01-05-1987 - Regular l ~" . .... 4.) <J CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 5, 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 Tom Bennett, Florida Shores Baptist Church, gave the invocation. There was a salute to the Flag. PROCLAMATION - RETIREMENT OF EARL COPELAND, PUBLIC WORKS SUPERINTENDENT - Mayor Baugh read the Proclamation and presented it to Mr. Copeland. All Council members congratulated him on his retirement and wished him well. APPROVAL OF MINUTES Regular Meeting of December 15, 1986 - Councilman Prater moved to approve the minutes of December 15, 1986. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence from that meeting. Special Meeting of December 17, 1986 - Councilman Rotundo moved to accept these minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence from that meeting. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Jim Borgerson, Orange Tree Drive, spoke on the questions he'd brought up at a previous meeting, and asked the status of an answer for him. Mayor Baugh replied they sent a letter to the City Engineer about this. He then asked Mr. Borgerson if Mr. Ferrara had met with him and Mr. Borgerson replied that it was about a month or a month and a half ago when they met about the roads. Mr. Borgerson pointed out that after that date is when he presented the problems to the City Council and they were supposed to look into the grades and elevations and the way the road is. He added that the road is falling apart. City Clerk Martinez stated they don't have a written report from the City Engineer yet. Mayor Baugh noted that they'll get a report from him. Mr. Borgerson pointed out that he told them about this about a month ago and he did the research but he's still waiting for the answer. Councilman Asting said he knows that repairs have been made. Mr. Borgerson said he wants an answer about what has been done about the paving on Orange Tree. Mr. Borgerson referred to a meeting of neighbors along Orange Tree when they discussed a truck going by and throwing stones on the road to make repairs. Mayor Baugh stated that he'll meet with the City Engineer on Wednesday at 1:00. Mr. Borgerson said he'll meet with them also. Gary Lamb, Fire Chief, spoke about a problem with the six air packs that were rebuilt to meet OSHA specifications 18 months ago. He said when he inspected them two weeks ago, none worked under pressure. He pointed out the warranty was only for 90 days, and rather than have these rebuilt, they'd like to purchase new ones which are ultra light aluminum fiberglass bottles which most other departments are using. He said he needs Council authorization to purchase these and he doesn't know if it would be considered an emergency situation or not, but they only have four that work now. Mayor Baugh asked how long each pack lasts and Chief Lamb replied 18 to 20 minutes, but it varies. Chief Lamb added the new ones last 30 minutes. / u Q MISCELLANEOUS (Continued) - Gary Lamb (Continued)- Councilman Rotundo asked the cost and Chief Lamb replied that six will cost $5,100. Mayor Baugh asked if they'd checked with other suppliers and Chief Lamb replied they'd checked and this is cheapest for the ultra lights. Chief Lamb noted that Disney World and Indian River County purchased these. Mayor Baugh expressed his concern if they'd have a major fire. Councilman Prater asked if they can get a trade in and Chief Lamb replied no. Chief Lamb reviewed the types of packs they have now. Chief Lamb noted they got a price of $250. each, or $1,032. for the four to be repaired, and then they got a letter saying they can't be repaired for that price because of the type they are and what had to be done. He added that it would cost $1,698. Mayor Baugh suggested they declare this an emergency in case there's a fire, and asked if the City Clerk/Administrator had a problem with that. City Clerk Martinez replied she had no problem if Council by motion waives the bid procedure, declares it an emergency, and gives the reasons for its being an emergency. Councilman Rotundo asked how many this would give them and Chief Lamb replied ten. Councilman Asting moved to waive the regular bid procedure in favor of going out on an emergency basis for the air packs. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked Chief Lamb to submit the proposals they received to be a part of the records to show he made the contacts to get the best prices. Councilman Prater asked if there's money in the budget for that. City Clerk Martinez replied it's not budgeted but they will forfeit in other areas to compensate for this item. Mayor Baugh requested a motion to go ahead and purchase it. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Frank Opal, Florida Shores, spoke on the streets in Florida Shores, noting that it's just an oil base street that's going to fall apart. He added that Mr. Ferrara also said it's not the best street. Mr. Opal then spoke about builders awakening him at 6:40 one morning and now they're waiting until 8:00 to start. Mr. Opal said he's going to see an attorney about single member districts and getting a petition signed. He added that he'll spend his money and he knows they don't like it but it will be that way eventually in Edgewater. Pat DiLeva, 2121 Kumquat, noted that Oak Hill is in dire need of parts from our old air packs and asked if they can be donated to Oak Hill since the City was offered nothing for a trade in. Mayor Baugh pointed out they have to go out for public auction per the City Charter for all City-owned equipment. He asked City Attorney Alvarez to check on that, and noted that they'll discuss it again when he gets the answer if it's not restricted. Margaret McAuliffe, 1109 South Riverside Drive, referred to the December 15th meeting when the vacating of the piece of property at the east end of Orange Avenue was discussed and the matter was turned over to the City Attorney regarding Mrs. Powers' request to buy 15 feet. She noted that a gentleman in the audience said the City has to keep that property. She referred to the minutes of that meeting, stating her husband's comments were not included about wanting to buy 15 foot if Council sells 15 foot to Mrs. Powers,since they're adjoining property owners to the north. She said in August, 1985, they addressed the City Council and they knew they could only buy 15 foot but Mrs. Powers asked that the Council not sell it. She noted that now she's back asking to buy it. Mayor Baugh noted that Department Heads were to review it and they'll have their recommendations at the next meeting on the 14th. Mrs. McAuliffe then said they didn't try to sell the van that was bothering Mrs. Powers, but someone came along and asked if they wanted to sell it. She said Mrs. Powers is telling everyone that the City is making them get rid of it. -2- Council Regular Meeting Minutes January 5, 1987 . . o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh spoke on the operations of the Volusia Business Development Corporation. He noted they requested funding from the City and the City chose to give them nothing, but the Corporation has bought Boston Whaler to our area. He asked that Council reconsider and give them something for their efforts as they worked hard on this. Councilman Rotundo asked where the money would come from. Mayor Baugh pointed out the City will benefit from the jobs and people living here. Councilman Asting referred to the policy established to give a certain amount and for the City Clerk/Adminis- trator to handle it. Mayor Baugh noted that if it's more than the maximum, it was to come to Council. Councilman Asting agreed they could make a contribution but it shouldn't exceed what's established. Councilman Mitchum asked what Mayor Baugh is proposing. Mayor Baugh replied that Oak Hill gave them $500. City Clerk Martinez pointed out that initially the request was based on the 1984 population at 50~ each for a total of $4,440. Mayor Baugh referred to other cities'and the County's contributions. Councilman Asting moved to donate $500. to the Business Development Corporation in view of the fact they have, and are trying to, bring industry into our area, which we badly need. Councilman Rotundo seconded the motion. Mayor Baugh asked that it be in next year's budget proposals. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Martinez stated she needs Council authorization to go out for bids for uniforms, per the SPEA and PEA labor contracts which were recently ratified. Councilman Asting moved to authorize the City Clerk/Administrator to go out for bids for uniforms in accordance with the union contracts. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there are several time consuming pending items and she suggested they have a Special Meeting and Workshop late one afternoon on an agreeable date for all concerned. She noted there are about five items but if they run out of time, they could recess to another agreeable date to finish the balance. After discussion, it was agreed to meet on Thursday, January 8th, at 4:00 P.M.. Utilities Superintendent re: proposed Change Order No. 1 on Western Wellfield and Park Avenue Wellfield Modifications - City Clerk Martinez read the December 16th memo from Mr. Terry A. Wadsworth requesting a change order in the amount of $4,294.00. She noted that he does have the money. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Fire Department's recommendation on bids for fast attack truck - City Clerk Martinez read the December 29th memo from Mr. Pat DiLeva, Administrative Fire Chief, in which he recommended the fast attack truck be purchased from Indiana Apparatus Co., Inc, at a price of $45,900.00. Mayor Baugh asked if that's the low bid and Fire Chief Lamb replied yes. Mayor Baugh asked if it meets all requirements and Chief Lamb replied yes, and the other bids did not meet the specifications. Mayor Baugh asked if funds are available. Chief Lamb replied they had it in the budget. City Clerk Martinez agreed it's a budgeted item. Councilman Prater asked if they're getting service on these and Chief Lamb replied they purchased two trucks from this manufacturer and have had no problems. Councilman Asting asked what type chassis it is and Chief Lamb replied it's a Ford chassis with International diesel engine. Councilman Asting asked if a fast attack truck has a tank and Chief Lamb replied yes, plus the tank is guaranteed not to leak or split. Mayor Baugh asked if it's larger than what they have now and Chief Lamb replied no, it's smaller but it's fast. Mayor Baugh asked if it's 4-wheel drive and Chief Lamb replied it's 2-wheel drive. Councilman Mitchum asked about the Hurst tool and Chief Lamb said it's basically a rescue truck. Councilman Prater moved to grant him his request for this truck. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes January 5, 1987 . . Q CJ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Board of Adjustment re: reappointment of Jimmie Newell (term expiration) _ Councilman Asting moved to reappoint Jimmie Newell to the Board of Adjustment. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - recommendation to revise Section 18-4 re: boat trailers - City Clerk Martinez read the December 19th memo from the Planning and Zoning Board which requested a change to read "boats and boat trailers and utility trailers". She noted this was discussed at length and there was a problem with the Code Enforcement Officer when trying to enforce it. Councilman Asting moved that the changes be made to the Code. Councilman Mitchum seconded the motion. Mayor Baugh suggested they add the recommendation that the Attorney draw up the necessary papers and Councilman Asting agreed. Councilman Mitchum agreed to include it in the second to the motion. Motion CARRIED 5-0. Planning and Zoning Board - recommendation to amend Section 605.02, MH-2 Mobile Home Subdivision District - City Clerk Martinez read the December 22nd memo from the Planning and Zoning Board. Councilman Asting moved to approve the recommended changes to MH-2 and the Attorney to draw up the necessary ordinance. Councilman Mitchum seconded the motion. Councilman Mitchum questioned the dimensional requirements and the 25 feet from the ground level and if the trailer can be 25 feet. Lynne Plaskett, Planning Assistant, said from the ground level, yes, and it's in the existing ordinance and they didn't change that. She said the intent must be a deck or something on top of the trailer. Councilman Mitchum noted it includes a utility shed and there's a current problem with a gentleman putting a shed on concrete blocks. He said if this were changed, it might eliminate this problem. Mrs. Plaskett said the height is just for the main structure. Mayor Baugh asked the lot size and Mrs. Plaskett replied it was originally 50 by 110 and now it's a minimum of 6,000 square feet which is an increase in lot size. She noted that they increased the living area from 600 square feet to 900 square feet. Councilman Mitchum referred again to the 25 feet, and noted that they need ordinances that are enforceable. City Clerk Martinez questioned if they need a height restriction. Mrs. Plaskett said she doesn't think they need it. Councilman Mitchum said he'd like to take it out. Councilman Asting asked Mr. Marty Berge, representative for Radnor/Edgewater, Inc., what the normal height is. Mr. Berge replied the average is 13 to 15 feet with 2 foot above ground and 8 foot ceilings with 4 to 5 foot peaks, so 16 feet would be high if they need to put a dimension there. Mayor Baugh asked the size of the homes. Mr. Berge replied 24 by 32 is smallest, but they won't have any that small and it will be about 960 square feet, but they'll average 1,200 to 1,300 square feet, with some as large as 1,800 square feet. Councilman Asting amended~his first motion that a further change be made to limit the maximum height as shown in E-4 that it be limited to 16 feet above the surface of the ground. Councilman Mitchum agreed as the second to the motion. Amended motion CARRIED 5-0. Councilman Prater asked where the 10 foot rear yard is measured from. Mrs. Plaskett replied from the property line, which is the minimum requirement. Councilman Rotundo asked if this is also for a utility shed. Mrs. Plaskett replied a utility shed is an accessory structure and is 5 feet from the property line according to Dennis Fischer, and that's how they kept it. Councilman Mitchum questioned the reference to City Manager since we don't have that position. There was discussion about it being elsewhere in the Code book. Councilman Mitchum suggested it be City Clerk/Administrator and Councilman Asting agreed. Councilman Asting suggested the City Attorney make the draft conform to the present form of government and City Attorney Alvarez agreed he'd do that and make the necessary changes. Original motion to approve the recommended changes to MH-2 and the Attorney to draw up the necessary ordinance CARRIED 5-0. -4- Council Regular Meeting Minutes January 5, 1987 ~ . o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board - Amended By-Laws (To comply with Ord. 85-0-14) - City Clerk Martinez read the December 19th memo from the Planning and Zoning Board. Councilman Mitchum asked the length of time for the appointments and City Clerk Martinez replied three years. Councilman Asting moved to accept the By-Laws as presented by the Planning and Zoning Board. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Library Construction Committee's recommendation re: feasibility study for fund raising - City Clerk Martinez read the December 19th memo from the Library Construction Committee which recommended that O'Lone and Associates do the feasibility study. Councilman Asting moved to authorize the feasibility study and nothing else for the fund raising. He noted that all they're asking for is a survey to see if it's worthwhile to go for a professional fund raiser. Councilman Rotundo seconded the motion. Councilman Mitchum asked if this is budgeted from the Library and City Clerk Martinez replied no, and it will take a budget amendment in August. She noted there are funds earmarked for the building. Councilman Mitchum asked the total and City Clerk Martinez replied $2,994. Councilman Mitchum asked how much we expect to get from this and Mayor Baugh replied it could be as much as $500,000. Councilman Prater pointed out that the City will shoulder 100% of the risk, and they may not get it. He added that some potential Library donors may be turned off because of a program like this. Councilman Rotundo noted that's what the study is for. Councilman Mitchum noted this doesn't start the fund collection and City Clerk Martinez agreed. Councilman Asting stated that the person will contact sources outside the City for larger amounts of donations, and he's heard the man has been very successful in the past. Councilman Prater asked if they will have contacts and City Clerk Martinez replied it's about 50 people to be contacted. JoAnne Sikes, Co-Chairman of the Library Construction Committee, said they don't have a set amount he will contact, but he's stated he has connections with different areas where they have grants and the Busch Foundation. She added they'd contacted quite a few people he has done business with and they've been quite satisfied. She noted they have qualms also and are asking Council to take this step for the feasibility study only. Councilman Mitchum stated they just did that for their church and spent $20,000. and got a lot of money on paper but none in the bank, so that's the problem he has. He asked if they'd researched the gentleman real well and Mrs. Sikes replied yes. Motion to authorize the feasibility study and nothing else for the fund raising CARRIED 4-1. Councilman Prater voted NO. COMMUNICATIONS Petition from residents of 1700-1800 Mayor Baugh suggested this be put in at that time consider it for paving. block of Kumquat requesting paving - next year's requests to pave and There were no comments from Council. East Volusia Mosquito Control District re: low level spray flights under 500 foot altitude - Mayor Baugh stated this was given last year and it's to allow them to fly low to spray for mosquitoes. City Clerk Martinez pointed out the Federal Air Regulations require this. Mayor Baugh requested a motion to grant the Mosquito Control this right. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes January 5, 1987 ,,_.'~ .. .. ~ .... Q. ~ ORDINANCES AND RESOLUTIONS Res. 87-R-l Authorizing appropriate officials to execute Agreement with Radnor/Edgewater, Inc. - City Attorney Alvarez read this Resolution. RES. 87-R-l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE THE AGREEMENT WITH RADNOR/EDGEWATER, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He pointed out that the Agreement is attached to the Resolution. Councilman Asting moved to adopt the Resolution and the City Clerk and Mayor be authorized to sign the Resolution. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez asked Attorney Glenn Storch if the purchase on the property has closed yet and Attorney Storch replied yes. City Attorney Alvarez asked if the project is proceeding and Attorney Storch replied yes. City Attorney Alvarez pointed out he's asking those questions in reference to paragraph 5 regarding refunds. Attorney Storch stated that he didn't have a representative to sign it that night and he'd like to Federal Express it to them for signatures. He said they're planning to break ground in June and he sees no possibility for necessity of refunds. Mr. Berge agreed they're optimistically looking at June groundbreaking. Councilman Mitchum asked if we have the money yet and Attorney Storch replied it will be wired to his account for escrow and when the paper work is executed, it will be given to the City. Res. 87-R-2 Appointing members to Police Retirement Plan Board of Trustees - City Attorney Alvarez read this Resolution. RES. 87-R-2- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He included the name of Nancy J. Shoemaker for the appointment with a two-year term to end January 5, 1989. Councilman Mitchum moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Designation of representative for engineering matters(From December 17, 1986 Special Meeting) - Councilman Rotundo recommended Harry Ryan of 516 Wildwood Drive to be the representative. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked that Mr. Ryan give his telephone number to the City Attorney. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:18 P.M. Minutes submitted by: )/~ ~ ~ j-e.6 ~~ Lura Sue Koser ATTEST: ~ CITY CLERK/AD Approved this R of ,1982- January ~ MAyf -::> (r -6- Council Regular Meeting Minutes January 5, 1987