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08-15-1988 - Regular (.) o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 15, 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, SALUTE TO THE FLAG Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go from the regular Council meeting to the Public Hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READING & ACTION: Ord. 88-0-16 Department Head residency requirements - City Attorney Alvarez read this Ordinance. ORD. 88-0-16 - 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 AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience. Bill Britain, Florida Shores, stated that three years ago the City appointed a committee to select a Police Chief and at that time it was not a requirement for him to live in the City. Mr. Britain spoke on moving costs for the Chief. He felt the ordinance is not legal if they don't grandfather in present Department Heads. He explained that either he or the chief are on call and both carry pagers in case of an emergency. Joe Martin, Pelican Cove, stated he just moved from Port Orange and agreed with the first gentleman and doesn't feel it's correct to impose residency requirements on existing Department Heads. He noted that Section 5, penalt~es, would apply to the City Manager as well as the Department Heads. The City Manager is the one who will notify Department Heads if they're in violation, and he asked who would notify the City Manager. He felt the question may need to be addressed. Mel Wargo, 2 Pinesedge Court, disagreed with the two previous speakers. He remarked on a recent problem the City had with a fish kill. He said he heard Lt. Britain call over the radio to have someone come in and help answer the telephone and he felt if the Chief were here he could have helped with the situation. Mr. Wargo then stated he listened to the recording of the night when the Police Chief was hired and when Councilman Asting asked him if he'd be williag to move into town, his answer was, as soon as the Betts case was settled, he'd be interested in moving into town. He spoke on the visibility of the Police Department on the streets so we know they're on the job doing something. James Braddock, Florida Shores, disagreed with Mr. Wargo's statements as he thinks Mr. Schumaker is an excellent Police Chief. He said he doesn't think the voters meant this to be retroactive, but for future Department Heads. W. H. Cobb, New Hampshire Avenue, praised the present Police Chief and said he's the best Chief they've had since 1965. He added that he doesn't feel he should have to move into the City. o o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) - Ord. 88-0-17 Amending Section 606.04 (d), B-5 Planned Shopping Center District, to allow fast food restaurants - City Attorney Alvarez read this Ordinance. ORD.88-0-l7- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 606.04(d)"B-5 PLANNED SHOPPING CENTER DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING FAST FOOD RESTAURANTS AS A SPECIAL EXCEPTION IN THE B-5 ZONING DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh requested input from the audience. Mr. Braddock asked if anyone had done a traffic study in that area and expressed concern over the turning lane being moved. Mayor Baugh stated that the work has not been completed yet. Ord. 88-0-18 Amending Section 2-26 "Order of Business"- City Attorney Alvarez read this Ordinance. ORD. 88-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING SECT. 2-26 "ORDER OF BUSINESS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE AGENDA FORMAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh requested input from the audience and Council and there were no comments. Ord. 88-0-19 Amending Sect. 903. and 904.01, criteria for special exception/variance - City Attorney Alvarez read this Ordinance. ORD. 88-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECT. 903.00 "GRANTING SPECIAL EXCEPTIONS" AND SECTION 904.01 "CRITERIA FOR GRANTING A VARIANCE" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REWORDING SAID CRITERIA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh requested input from the audience and Council and there were no comments. Mayor Baugh requested a motion to go from the Public Hearing to the regular Council meeting. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Ord. 88-0-16 - Councilman Prater moved to adopt Ordinance 88-0-16. Councilman Mitchum stated that he's for this Ordinance but agrees with some of the people and doesn't think the voters meant to throw out existing employees. He noted there are two employees affected by this. He said he's not comfortable with the ordinance the way it's written. The Ordinance provides for a waiver which means that not only in this case but down the road we want to let someone else have a waiver. He said he doesn't feel that's what the voters said either, and he can't vote for the ordinance the way it's written and would like to send it back and have it made clear. Councilman Rotundo seconded the motion. MOTION DID NOT CARRY 2-3. Councilmen Asting, Mitchum, and Rotundo voted NO. Councilman Mitchum moved to send the ordinance back to the Attorney to rewrite without a waiver but to make 'it grandfathered and where there would be no question that present Department Heads could be touched. Councilman Rotundo seconded the motion. City Attorney Alvarez asked to clarify for the record the will of the Council. The waiver provision is in the ordinance because it's a necessity in order to consti- tutionally restrict the residency, not so much the present, but also the future employees, and there is a provision within the ordinance that will allow a case of special hardship to be considered by the Council. He explained there could be other situations the Council might want to have a waiver. He recommended the waiver language be left in the Ordinance as from a legal standpoint this would make the ordinance more sound. He also stated the applicability to the Department Heads in question can be handled by adding a provision that will grandfather in and exempt the Department Heads this Council wishes to exempt. He asked Council to consider leaving in the waiver provision, and also if the concern is with existing Department Heads, to name them and exempt them. Councilman Mitchum stated that the waiver should only include the time limit that's necessary to move into the City. City Attorney Alvarez reviewed exemptions, section 3, and suggested another sentence be added, that if the Council does waive the requirement, said waiver shall not exceed one year. Councilman Mitchum stated he had no objections to that. City Attorney Alvarez requested Council wishes by motion as to which Department Heads this Ordinance would exempt. It was determined the two Department Heads would be Mr. Fischer and the Police Chief. There was further discussion regarding future Department Heads being required to move into the City. Councilman Asting suggested this go back to ballot. Motion DID NOT CARRY 2-3. Councilmen Prater, Asting, and Rotundo voted NO. There was further discussion between the Council on the above subject and motion. -2- Council Regular Meeting Minutes August 15, 1988 o o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) - Mr. Ryan, Wildwood Drive, asked if Council is not going to take up the mandate. He asked that Council set aside its petty jealousy and vote for the betterment of this community. Mr. Billups felt the Councilmen that voted against this Ordinance going back to the City Attorney be published in the newspapers as snubbing their noses to the voters of this City. Mr. Braddock asked Council to please reconsider this. Councilman Mitchum asked if this would have to come under Public Hearing again if we have to redo the Ordinance. Mayor Baugh replied yes. Councilman Mitchum appealed to Council to reconsider this. City Attorney Alvarez stated that the City Code provides that a motion for reconsid- eration can be made at the same meeting or at a subsequent meeting, and nothing prevents any Council member from bringing the issue up again at a later time, but a motion to reconsider must be made by one of those in the majority. Mayor Baugh asked if anyone wished to reconsider, and hearing no comment, went on to the next ordinance. Ord. 88-0-17 - Councilman Mitchum moved to adopt Ordinance 88-0-17. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated this should go on record. Mayor Baugh stated he wanted to make sure this is clear. City Attorney Alvarez stated the Ordinance came to a vote for adoption of repeal and it was repealed with a 3-2 vote. Mayor Baugh and Councilman Prater voted yes the first time around. (This discussion was on the previous Ordinance 88-0-16). Ord. 88-0-18 - Councilman Prater moved to adopt Ordinance 88-0-18. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Ord. 88-0-19 - Councilman Mitchum moved to adopt Ordinance 88-0-19. Councilman Asting seconded the motion. Mr. Kelly stated he'd received word from the Chairman of Land Development and Regulatory Agency and staff that the original intent of Ordinance 88-0-19 was to submit this to Council for information purposes only and not to go through a formal ordinance process. He said he didn't learn of this until the second reading, and at their request, he's asking this Ordinance be tabled indefinitely or rejected outright as this was to be used more as a guideline. Councilman Mitchum withdrew his motion and Councilman Asting withdrew his second. Mayor Baugh entertained a motion to postone this Ordinance at the request of the Board. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of August 1, 1988 - Councilman Asting moved to approve the minutes of August 1, 1988. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Rotundo voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo moved that we pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Alice Murphy, 230 N. Riverside Dr., discussed the recent "open mike" broadcast. She asked a question about what was heard on the broadcast in reference to firing of certain employees and which Council member was the one that made the statement to Mr. Kelly. All Council members said no. Harry Ryan, 516 Wildwood, asked Mr. Kelly if he's going to speak on something in regard to the Code Enforcement Board as he didn't see anything listed on the agenda. He referred to an article he read in the newspaper. Mr. Kelly stated he didn't know what the article read, but he'll check on this and get back with Mr. Ryan. -3- Council Regular Meeting Minutes August 15, 1988 o o MISCELLANEOUS (Continued) - Harold Hardester, Pelican Cove West, referred to the previous meeting when he brought to their attention the problem with lights in Pelican Cove West. There was a discussion on who would be liable if someone would be hurt. Mr. Kelly stated that he'd send someone from the City staff down to check on this and he'll get back to him. Mr. Hardester asked the status on the bike path. Mr. Kelly stated the City Engineer had told him he has completed 60% of his work on the project and that was about two weeks ago and he'll speak with Mr. Ferrara again and get back to Mr. Hardester. Wallace Trickey, 1850 Mango Tree Drive, stated he spoke to the State engineer of DOT who told him they're going to put a walking path or bike path from Edgewater down to Oak Hill on both sides and that's being done. He said he was told that 442 has room for a bicycle path and he doesn't know what's delaying it. Keith Denton, Umbrella Tree, spoke on the residency requirement that had died. He asked that Councilman Asting reconsider the motion and do something about it tonight. James Hatfield, 236 Old County Rd., spoke on taxes, budget and refinancing of existing bonds. Mr. Kelly explained the refinancing. There was discussion on other parts of the City receiving services and older parts being left out. Mr. Kelly gave a lengthy description on this subject. Mr. Hatfield referred to discrepancies in the location of his road. He then spoke regarding the City Attorney's bills. James Braddock, Banyan Tree, asked Mr. Kelly his opinion from management's standpoint of the CIP program happening in the very near future. Mr. Kellly went into a very lengthy explanation of the CIP program and the financing of the programs. He also went into depth explaining the different phases the projects will be going through. Mr. Braddock spoke on the City looking into a moratorium on building. Norman Billups spoke on the paving of streets in Florida Shores and the street paving equipment getting some use. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated that he voted against Ordinance 88-0-16 from the very beginning when the Mayor first proposed that the wording of residency be placed on the ballot. He said he voted against it then and consistently as he feels they could be passing up qualified people who live outside the City. Councilman Mitchum expressed concern with the CIP program and asked Mr. Kelly how much longer our moratorium has to go. Mr. Kelly replied that it expired August 8th. Councilman Mitchum suggested that at the earliest convenience they hold a workshop on this as he's concerned they've been lead wrong. He said he's concerned that he voted for annexation to grant somebody something that we should have retained for the Florida Shores people. There was a long discussion on this. Councilman Mitchum said he'd like to have the engineers and finance representatives attend the workshop. Mr. Kelly explained that in a very short time we've had quite a discussion and there's confusion already. He explained the costs of the different phases and the cost for the entire project. He agreed to set up a workshop on this matter. Councilman Mitchum stated he'd like to try one more time to pullout the residency requirement issue. There was discussion on the ballot. Councilman Mitchum moved that we place this back with the City Attorney for reconsideration and rewording. Mayor Baugh stated that the City Attorney informed him that only those in the majority, which are the no votes, can reconsider. Councilman Mitchum continued unless it's under another motion unless it contains something different. Mayor Baugh stated there were no comments on this motion. Mayor Baugh asked for guidance on reimbursements for expenses when attending meetings or conferences and if the Council would consider paying expenses incurred rather than what the State allows. There was discussion and Councilman Mitchum moved that we stay with the State mandate. Motion DIED for lack of second. Councilman Rotundo moved that anyone attending a convention or conference, that they incur all expenses within reason. Motion DIED for lack of second. Mr. Kelly suggested this be taken back to staff for a report to be brought back to Council and it was agreed to do so. -4- Council Regular Meeting Minutes August 15, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Cont'd) - Councilman Asting stated he's just one vote on the Council and is 1/5 of the entire Council and in the case of Ordinance 88-0-16, he was not the leader of the vote. Councilman Mitchum stated he wasn't trying to single anyone out, he was just trying to peel out the issue. City Attorney Reports - City Attorney Alvarez had no report at this time. Interim City Manager Reports - Mr. Kelly announced that the second budget workshop would be held Thursday, August 18th, at 7:00 PM in the conference room at the Library. Mr. Kelly asked Chief Schumaker to speak on a request for a computer for the detective division. Chief Schumaker stated it's a Samsung personal computer (SM-200) and printer and he explained it will be purchased out of the Law Enforce- ment Trust Fund. There is $3,817.79 in the fund and the cost of the computer and printer is $1,160.00. Mr. Kelly pointed out this item is under $2,000.00, but under Statutory requirements, it must have Council approval. Councilman Mitchum moved to grant the Police Chief's request. Councilman Asting seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Mr. Kelly read an invitation to Council from the Florida Shores Baptist Church for Council and spouses to attend dedication of the church on August 25, 1988, at 7:00 PM with refreshments to be served at 6:00 PM. ORDINANCES AND RESOLUTIONS Ord. 88-0-9 Unmanned car washes in B-2 as special exceptions - City Attorney Alvarez read the Ordinance. ORD. 88-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 606.01 (d), B-2 NEIGHBORHOOD BUSINESS DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING UNMANNED CAR WASHES AS A SPECIAL EXCEPTION IN B-2; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. There was no motion on this Ordinance. Res. 88-R-34 Renewal of contract for City Engineer Gerard Ferrara - City Attorney Alvarez read the Resolution. RES. 88-R-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT TO CONTINUE THE PROFESSIONAL SERVICES OF AN IN-HOUSE ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly read the August 11, 1988, Request for Council Action. Councilman Asting asked if the agree- ment had been reviewed by the City Attorney. City Attorney Alvarez replied this is a standard agreement used year after year and no changes have been made as far as he can see. There was discussion on a full time Engineer. Councilman Asting moved to adopt the agreement. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-35 Establishing a deadline date for adoption of environmental protection ordinance relative to Volusia County Ord. 88-15 - Mr. Kelly briefed the Council on the history of this Resolution.. City Attorney Alvarez read the Resolution. RES. 88-R-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A DEADLINE DATE FOR ADOPTION AND COMPLETION OF AN ENVIRONMENTAL PRO- TECTION ORDINANCE RELATIVE TO VOLUSIA COUNTY ENVIRONMENTAL PROTECTION ORDINANCE 88-15; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated the County wanted September 1st as the deadline and the City is going for a September 21st deadline. Councilman Rotundo moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. -5- Council Special Meeting Minutes August 15, 1988 o o ORDINANCES AND RESOLUTIONS (Continued) - Res. 88-R-36 Authorizing execution and delivery of loan agreement for $650,000. from Gulf Breeze,Fla. Local Government Loan Program - Mr. Kelly stated he'd passed out an updated Resolution 88-R-36 and Mr. Arnold Schneider, Arch W. Roberts & Co., is present to brief the Council and to answer any questions. Mr. Schneider reviewed the documents and spoke on the interest rates. Mayor Baugh asked if the City Attorney had gone over this. City Attorney Alvarez asked Mr. Schneider who pre- pared the agreement. Mr. Schneider replied it was the law firm of Livermore, Klein & Lott, and Patricia Lott drafted this along with the resolution and note. He added they're bond counsel to Gulf Breeze. Mayor Baugh questioned the interest rate for section 17. Mr. Schneider replied it can be filled in by Council and he explained if the interest rate should go beyond the rate Council decides, it will have to come back for approval. He suggested an interest rate of 9.5%. Councilman Asting moved to adopt this Resolution with the interest rate at 9.5%. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Draft ordinance re: resubmitting to voters the two-year City Manager's voters performance approval - Mr. Kelly pointed out this is a draft ordinance. City Attorney Alvarez asked Council to review the language and determine if it expresses the desires of the Council, and if so, we'll proceed to agenda the ordinance for formal adoption. After discussion, it was decided it should be agendaed for first and second readings. (August 31, 1988 meeting) NEW BUSINESS Account closing - project 3 paving assessments - Mr. Kelly read the August 11, 1988, Request for Council Action regarding Karen Rickelman's request. Councilman Prater moved to go with Mr. Kelly's recommendation on the request. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Mr. Kelly announced that the next meeting will be Wednesday, August 31, 1988, at 7: 00 P.M. in lieu of the Labor Day meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:10 P.M. Minutes submitted by: Susan J. Wadsworth Acting City Clerk ATTEST: 2~..- J1Li~,~ ACTING CI~ CLERK Approved this ?/ day of /?/7/"-vt- ,198,?' ~~ Si- MAYOR f ~ C07J THR . COUNCILMAN - ZONE FOUR le~ * ~ ~ YC..J -6- Council Regular Meeting Minutes August 15, 1988