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10-17-1988 - Regular v .f U CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 17, 1988 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 Councilman David Mitchum Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Bresent Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Workshop of September 21, 27, and 28, 1988 - Councilman Asting moved they adopt the minutes. Councilman ~rater seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Res. 88-R-50 Appointing election workers for primary election October 25, 1988; Res. 88-R-5l Adding one Police officer; Leave of absence request - Renee Vecchi; Declaration of 1973 van to be declared a surplus; Contract change order No.1, new Police Department; Screening Committee's recommendation - Land Development and Regulatory Agency's vacancy (Res. 88-R-52); Request to vacate part of Guava Drive, Block 16 - Councilman Mitchum asked to pull the Screening Committee's recommendation from the consent agenda. Mayor Baugh asked to pull the request to vacate part of Guava also. Mayor Baugh then asked to close the consent agenda. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for a motion to accept the consent agenda. Councilman Prater so moved to accept the consent agenda. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Screening Committee's recommendation - Land Development and Regulatory Agency's vacancy - Councilman Mitchum asked Mr. Dominick Fazzone, Screening Committee member, how many applications were received. Mr. Fazzone replied two. Councilman Mitchum moved to send this back to the Screening Committee to get further appli- cations because he doesn't think two is enough. Motion DIED for lack of second. Councilman Rotundo moved they accept the recommendation of the Screening Committee. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO. Request to vacate part of Guava Drive, Block 16 - Mayor Baugh asked for further input as to why they're vacating. Mr. Robert Garthwaite, Land Development and Regulatory member, showed on the sketch the location in question. It was noted that lot 449 would be an ingress/egress. Mayor Baugh asked if there were any legal problems with this and City Attorney Alvarez replied the decision is to be made on the basis of 1mpact on traffic and the precedent for the remaining length of the alley behind part of those lots. Councilman Rotundo moved they grant the request for this. Councilman Prater seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS There were none for this meeting. UNFINISHED BUSINESS There was no unfinished business brought up at this meeting. Q u NEW BUSINESS Res. 88-R-48 William T. Powers as City Manager - City Attorney Alvarez read this Resolution. RES. 88-R-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING AND RATIFYING THE APPOINTMENT OF WILLIAM T. POWERS, AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, AS PER EMPLOYMENT AGREEMENT ATTACHED HERETO, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-48. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 88-R-49 Declaring candidates for primary election October 25, 1988 - City Attorney Alvarez read this Resolution. RES. 88-R-49 - A RESOLUTION DELCARING THE CANDIDATES FOR A PRIMARY ELECTION FOR MAYOR, AND COUNCIL SEATS FOR ZONE 1, ZONE 2, AND ZONE 4, IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-49. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Unlicensed contractors, Daytona Beach Area Home Builders Association - Mayor Baugh stated they asked that this be taken from the agenda. Policy on accepting privately owned water and/or sewer distribution system - Mr. Powers stated the City needs to establish a policy as to what the standard is for accepting these systems. He noted this instance is a private metering system which has been installed to meet our standards and we'd take over the meter readings and billing on an individual basis rather than on a master meter. He stated the City needs protection to insure these systems have been built to our standards and inspected to be sure we don't undertake maintenance that would be a major problem if not built to our standards. Councilman Prater pointed out this particular park has changed hands in the past week and Mr. Pezanowski no longer owns it. Mayor Baugh suggested they put this back to the City Manager to contact the people to see if they are interested in it. Councilman Prater made that a motion. Councilman Rotundo seconded the motion. City Attorney Alvarez pointed out this situation would require protection for the City as well as a certain indemnification/_ hold harmless approach. Motion CARRIED 5-0. CITIZEN COMMENTS Frank Morris, 1814 Evergreen Drive, spoke on his problem dealing with the Code Enforcement office. He stated he could not get anything in writing regarding the violations that had been cited. He asked that the City Attorney be made available to talk with him and the Code Enforcement Officer. Mayor Baugh asked City Attorney Alvarez if he could meet with them. City Attorney Alvarez explained the Citizen Code Enforcement Board was established by State Statutes and if a party has a grievance because of a decision of the Board, he must go to the Circuit Court and the Council must be precluded from involving themselves in this matter. He pointed out the Board has made a decision and a written order was issued with due notice. Mr. Morris stated he has a 28th deadline and has asked for two weeks to have it resolved and he keeps getting put off. City Attorney Alvarez stated the Board has issued an order and it has the effect of the law and there is no jurisdiction for the City Council. C. E. Clark, 1818 Evergreen Drive, stated it's been an ongoing problem for about four years and has been before the Board numerous times. Mayor Baugh stated the Council should not get involved based on the City Attorney's comments and it's in the best interest of all concerned to take it up in the courts. Dominick Fazzone, 302 Paradise Lane, Vice-Chairman, Screening Committee, stated there were three applicants for the vacancy rather than the two he had quoted to Councilman Mitchum earlier. -2- Council Regular Meeting Minutes October 17, 1988 .' <J " COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Mr. Powers stated that on Friday they received papers from the Department of Natural Resources on the matching grant permitting with the Ponce DeLeon Port Authority. He noted that our request for a 6-month extension is before the Port Authority for their October 20th meeting, along with three other agencies requesting the same thing due to the delay in permits from DER and DNR. He requested that if there are no problems, the Council authorize them to put out the request for bids on this project, saving 3 weeks between the two Council meetings. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mr. Powers stated his wife is currently under treatment under his COBRA policy and it needs to be completed under COBRA as all deductibles were met. He requested Council's authorization to continue with the COBRA rather than impact the City's health plan with these expenses, and upon completion of the treatments, there should be no problems. Mayor Baugh asked the cost of COBRA and Mr. Powers replied about $307.15 a month. Mayor Baugh stated he feels it's in the best interests of the City to pay the premium for the policy, if possible, rather than put it on the city's insurance since it's an ongoing problem. City Attorney Alvarez suggested they review it. There was dis- cussion of the time frame to make a decision for the City's coverage. Mayor Baugh asked that if this can wait until the next meeting, they can speak to the insurance companies and the City Attorney and TABLE it for the next meeting. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Council - There were no reports from City Council at this time. QUESTIONS FROM PRESS There were no questions from the press at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman rotundo seconded the motion. Meeting was adjourned at 7:33 P.M. Minutes submitted by: Lura Sue Koser t!~ I ATTEST: b/cLE~ AP~ved this J1 day of ~ ,198 JY. t:P'~ ~ MAYOR I ~ ~ 1(41 f/?.-S -3- Council Regular Meeting Minutes October 17, 1988