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10-03-1988 - Regular (.) (J ". CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 3, 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 Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Rev. Sal Siano, Edgewater Christian Missionary and Alliance Church. There was a pledge of allegiance to the Flag. SPECIAL PRESENTATION: LYNN CVACH, FLORIDA INFORMED PARENTS Ms. Cvach asked for support for the "Just Say No" Clubs. She said they'd like to set October 26th as the date to raise the flag presented by the Chemical People and to present signs for the City's boundaries from the Lions Club and have a luncheon in the Community building for the public to educate themselves. She then presented the flag donated by the Chemical People to Mayor Baugh. Mayor Baugh stated they'd let her know a date and location. He asked if Council wanted to go on record to support it and designate the day they picked out as "Just Say No" and the City of Edgewater as a drug-free city. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting of September 13, 1988 - Councilman Asting moved they adopt the minutes of September 13, 1988. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of September 19, 1988 - Councilman Prater moved they adopt the minutes of September 19, 1988. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Public Hearing and Special Meeting of September 26, 1988 - Councilman Rotundo moved they adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Vacancy on Board of Trustees, Police Retirement Plan, Res. 88-R-44; Res. 88-R-45 Calling for general election November 8, 1988; Res. 88-R-46 International City Management Association Retirement Corporation adoption packet; Transfer of mainten- ance bond from Edgewater Landing, Phase I, to City of Edgewater - Mayor Baugh asked if there were any items to be removed from the consent agenda. There were no requests from Council. Mayor Baugh requested a motion to close the consent agenda. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to accept the consent agenda. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Reading: Ord. 88-0-25 Annexing Lots 1 through 8 and Lots 21 through 29, Block B, Edgewater Park - City Attorney Alvarez read this Ordinance. ORD. 88-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT U.S. HIGHWAY #1, BETWEEN THOMAS AVENUE AND JOSEPH AVENUE, EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES, SEC. 171. 044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved they adopt Ordinance 88-0-25. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o ORDINANCES AND PUBLIC HEARINGS (Continued) First Reading: Ord. 88-0-26 Rezoning Lots 1 through 8 and Lots 21 through 29, Block B, Edgewater Park - City Attorney Alvarez read this Ordinance. ORD. 88-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTES 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING LOTS 1 THROUGH 8 INCLUSIVE AND LOTS 21 THROUGH 29 INCLUSIVE, BLOCK "B", EDGEWATER PARK, MAP BOOK 10, PAGE 154, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-27 Rezoning Lots 3-6, west side U.S.l and Roberts Rd,City Attorney Alvarez read this Ordinance. ORD. 88-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING LOTS 3,4,5,AND 6, EDGEWATER COUNTRY ESTATES, UNIT #1, PLAT BOOK 11, PAGE 247, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Ordinance 88-0-27. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 88-0-28 Rezoning Lot 7, Roberts Rd. & U.S. 1 - City Attorney Alvarez read this Ordinance. ORD. 88-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE l66.04l(c)(1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING LOT 7, ROBERTS ROAD & U.S. 1, EDGEWATER COUNTRY ESTATES, AS RECORDED IN MAP BOOK 11, PAGE 247, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved they adopt Ordinance 88-0-28. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to go from the regular Council meeting to the Public Hearing.' Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Second Reading: Ord. 88-0-24 Residency Requirements - City Attorney Alvarez read this Ordinance. ORD. 88-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO VOTER REFERENDUM ESTABLISHING RESIDENCY REQUIREMENTS FOR THE CITY MANAGER AND ALL DEPARTMENT HEADS; PROVIDING FOR WAIVER, APPEALS AN PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PRO- VIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input and there were no comments. Mayor Baugh requested a motion to close the Public Hearing and go back to the regular Council meeting. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Mitchum moved they adopt 88-0-24. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Maintenance bond, Wildwood Subdivision, Phase II - Mr. Kelly read his Request for Council Action dated September 28, 1988. Mr. Gerard Ferrara, City Engineer, stated an inspection was made September 1st with Carl Overstreet, Public Works Superintendent, with Ward Towers present also. He stated the road was accepted and there were two minor corrections which Mr. Towers agreed to and he is recommending the bond be released back to him for the $12,000. Mr. Kelly asked if the repairs would come out of the $12,000 and Mr. Ferrara replied that Mr. Towers agreed to do it. Mr. Kelly recommended the bond be held until the repair work is done. Mr. Towers stated there are two small holes which have nothing to do with the base material and it hadn't been done yet because of rainy weather, but he will correct it. Councilman Mitchum moved they follow the recommendation. Councilman Prater seconded the motion. Mr. Kelly questioned if it is the written or verbal recommendation and Councilman Mitchum replied he can get a wheelbarrow and cover it the next afternoon. Mr. Kelly stated they'll hold it until the work is corrected. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes October 3, 1988 - ~ o UNFINISHED BUSINESS (Continued) Edgewater Elementary School Interlocal Agreement for use of facilities - Mr. Kelly read his September 28, 1988, Request for Council Action which recommended approval of the Interlocal Agreement with modifications to include a I-year notice of termination by either party and the City will maintain the road that services just the soccer field. Councilman Rotundo moved they accept alternative 1. Councilman Asting seconded the motion. Councilman Mitchum expressed concern with spending all the money on the road and then the School Board could tell us to get out. Freeman Newell, 2450 S. Ridgewood Avenue, questioned what right they have to do that now. He reviewed previous occurrences with the letter and the lack of action on the Council's part. Mayor Baugh reviewed his actions with the School Board to stop the work that was in process. There was discussion about who attended the different meetings. Mayor Baugh asked the problem with the previous 99-year lease. Mr. Kelly replied that Dr. Smith told him the School Board is renegotiating all their leases with governmental agencies that are sharing facilities and they're developing a policy to shorten their leases to have more control over their property. He added that it will probably be 5 to 7 years use before some- thing is to be developed for a new school. Mayor Baugh asked if the road will be moved and Mr. Kelly replied it's up to Council and if the School Board agrees. Councilman Prater asked about maintenance of the road after that as it could be split City to County. Mayor Baugh pointed out they've been maintaining it now. Motion to accept alternative 1 CARRIED 3-2. Councilman Prater and Councilman Mitchum voted NO. Councilman Rotundo questioned the $10,000 figure on the road and Mr. Ferrara, City Engineer, replied that was if the City goes out for bid. There was discussion about doing it with in house labor and Mr. Ferrara agreed it should be about half that cost. Councilman Rotundo and Mr. Newell discussed the use of the field for the remainder of this season. Councilman Rotundo moved to move it where it should be. Councilman Asting asked who would do the work and Mayor Baugh replied the City. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO. NEW BUSINESS Self-Insurance Committee, Res. 88-R-47 - Mr. Kelly read his September 28, 1988, letter recommending Jennings Insurance Agency, with Mr. Bill Jennings, President, as agent of record on the self-insurance committee. Councilman Mitchum moved they follow the recommendation. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Request to vacate buffer, Glenwood Drive, Lots 1 through 10 - Mr. Kelly read his September 28, 1988, memo recommending the Land Development and Regulatory's recommendation be approved. Councilman Rotundo moved they accept the recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Letter from Karen T. Stephenson re: Section 10, City Charter - Ms. Stephenson requested an amendment to the Charter to allow people living in apartments to run for elected office and not restrict it to propery owners. Mayor Baugh suggested this be turned over to the Charter Review Commission and Councilman Rotundo agreed. There was no objection from Council. COUNCIL/OFFICERS REPORTS City Council - Councilman Prater's request in re: Attorney's consultation during September 19, 1988,meeting discussions regarding Councilman Rotundo's legal fees reimbursement - Councilman Prater questioned if it was legal to call a recess and discuss the issue of a legal tie vote and then bring the issue back to the floor to be reconsidered. City Attorney Alvarez stated the recess was taken for the purpose of looking at the Charter or Code. Councilman Prater pointed out it was a tie vote. City Attorney Alvarez replied that whether it's a tie vote or a 3-2 vote isn't the issue, but the question is was it legal to discuss it. Councilman Prater questioned Roberts Rules of Order regarding a tie vote. City Attorney Alvarez stated if there are 4 members voting, the tie vote doesn't carry. Councilman Prater said the motion is lost and City Attorney Alvarez agreed. -3- Council Regular Meeting Minutes October 3, 1988 (.) o COUNCIL/OFFICERS REPORTS (Continued) City Council - Councilman Prater's request.. (Continued) John Siburn, Connecticut Avenue, expressed his concern with Councilman Mitchum's change of vote after the recess was taken. He asked why City Attorney Alvarez told Councilman Rotundo to abstain from involving him- self in the proceedings when he knew his second was legal. City Attorney Alvarez replied that in an abundance of caution a month before that when the issue first came up, he advised him to abstain from votiI~g on this issue. There was further discussion about the legality of making and seconding a motion in those circumstances. Mr. Siburn again asked why Councilman Mitchum had changed his vote after the recess. Councilman Mitchum stated he had a verbatim excerpt of the minutes and he had never said it was illegal and he'd said he thought it was unethical. because it would provide gain. Freeman Newell said the City should pay the legal fees for a Councilman and the minutes will show where Councilman Mitchum changed his vote. Councilman Mitchum asked for clarification of a statement made by Mayor Baugh the prior Thursday night regarding an investigation he was asked to do. He asked Mayor Baugh who requested the investigation. Mayor Baugh replied it was suggested by Pete Knowles. Councilman Mitchum clarified that this Council never asked him to do those investigations. Mayor Baugh stated he didn't go to Longboat Key for that purpose. Councilman Mitchum asked if he went to investigate Dennis Kelly and Mayor Baugh replied no, he went for his wife's birthday and Dennis Kelly knew he was going a month before that. City Attorney - City Attorney Alvarez stated that Council received his memo last week and he'll proceed to close out the litigation. Mayor Baugh asked for a motion to proceed. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Manager - Mr. Kelly stated he doesn't question the selection of a City Manager but he'd like to clear the record on some things that were said about the Longboat Key trip. He added that regardless of intentions, the Mayor did conduct an investigation on his background. He distributed copies of information which included letters from the Garage Supervisor of the Town of Longboat Key and the Police Chief of Longboat Key. He stated he'd gone to Bradenton to see his children and contacted these people. He read the letters. He stated that he doesn't want his integrity and reputation inpuned. Mr. Kelly stated they have the results of the ratifications that took place that evening. He read the letters of majority endorsement. Mayor Baugh asked for a motion to accept these contracts. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Gigi Bennington questioned the way the vote was taken the prior Thursday for a City Manager. She pointed out they had the decision since the referendum in February and they're just getting around to doing something about it before the election. She asked Councilmen Prater and Rotundo why they voted the way they did. She said she'd consulted an attorney about the possible Sunshine violation when the second vote was taken with no discussion. Councilman Rotundo stated he made the motion in the best interest of Edgewater. Mr. Kelly stated that they need to cover the exempt employees, about one half dozen not covered, for the cost of living with insurance and to get the same benefits. Mayor Baugh asked Council's pleasure to include exempt employees. Councilman Rotundo made the motion. Councilman Prater seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS There were no questions from the press at this time. ADJOURN Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:17 P.M. Minutes submitted by: Lura Sue Koser -4- NOTE: Page 5 is signature page only. Council Regular Meeting Minutes October 3, 1988 . .' o . . <.) Signature Page only for City Council Regular Meeting Minutes of October 3, 1988: 2' ACT~it:~ Approved this 7 day of t::(?~98L. MAYOR ~ ~ (J OU CILMAN - ZON 0 ~ co~~-r~s e6UNCILMAN - ZONE FOUR ~ -5- Council Regular Meeting Minutes October 3, 1988