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07-18-1988 - Regular o 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 18, 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. PRESENTATION OF ADVANCED SAFETY PLAQUE TO MR. PAT DiLEVA BY FLORIDA LEAGUE OF CITIES LOSS CONTROL MANAGER - Mr. Steve McGinn, Florida League of Cities Loss Control Manager, Winter Park, presented the plaque to Mr. Pat DiLeva, Safety Inspector. He reviewed the courses taken to achieve this plaque and thanked the City Council and City Manager. He noted that Mr. Kelly had attended a safety seminar and was one of only two in the State to attend. He read a letter from Florida League of Cities Executive Director Raymond Sittig to Dennis Kelly. APPROVAL OF MINUTES Regular minutes motion. Meeting of June 29, 1988 - Councilman Prater moved they approve the of the regular meeting of June 29. Councilman Mitchum seconded the Motion CARRIED 4-1. Councilman Asting voted NO. Special Meeting of July 5, 1988 - Councilman Rotundo moved they accept these minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. BILLS AND ACCOUNTS Councilman Prater moved they pay the bills and accounts. Councilman Rotundo seconded the motion. Councilman Mitchum questioned the bills for Dyer, Riddle, Mills & Precourt, Inc. as to which project this was. Mr. Kelly, with the assistance of Mr. Terry Wadsworth, Utilities Superintendent, explained the various billings and work performed. Motion CARRIED 5-0. MISCELLANEOUS Elizabeth Scarvarda, 107 Marion, spoke on the residency requirement, replying to the listed items on the ordinance, as follows: b)a subordinate officer should be and is capable of handling emergency situations until the arrival of the Department Head, c)the quality of the relations comes from people no matter where they live, d) can the place of residence promote interest in their job performance, asa good employee is a good employee no matter where he lives, e) this is ludicrous because people shop wherever they want and not necessarily in their City, f) an employee should take pride in their work and will make every effort to minimize absenteeism and tardiness. She stated those hired as Department Heads were good enough for votes of confidence before the ordin- ance and change of residence won't make them better or worse. She praised the work of the Police Chief. She asked that this apply to those hired after passage. Mercedes Hoffman, 208 Lee Drive, implored Council to give special consideration to the Chief. She stated he's the best they've had since they moved here. Q o MISCELLANEOUS (Continued) Frank Opal, Florida Shores, spoke on the Council meeting of the previous Friday when two members were in town. He referred to a previous meeting called while the Mayor was in town to remove him (Mr. Opal) from the Board. He asked who checked out Mr. Kelly in Deland and referred to Clay Henderson's checking of Mr. Mitchell. Mayor Baugh called the time limit. Councilman Prater agreed they could let him proceed. Mr. Opal then asked if Councilman Mitchum had violated the City's Charter and asked him to resign at once. He stated they need 4/5ths of the Council voting yes, and they don't need a City Manager costing $100,000 a year. He said they violated the Sunshine in City Hall. He then expressed sorrows regarding Mrs. Asting. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no City Council reports at this time. City Attorney Reports - There were no City Attorney reports at this time. Interim City Manager Reports - There were no Interim City Manager reports at this time. Charter Revision Committee's recommendations: Gigi Bennington (Tabled June 29, 1988) - Councilman Mitchum moved to take it off the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mr. Kelly explained that the Committee met and chose Mrs. Bennington to present the recommendation to Council. Mrs. Bennington stated that their recommendation is that Council set up a Charter Review Committee comprised of 5-7 citizens who will be appointed for the purpose of researching and recommending to the City Council revisions necessary to bring it up to date with local laws and ordinances. She suggested it be put to referendum in April or May of 1989. Mr. Kelly explained two proposals were for concurrent versus staggered terms and extension of terms from two years to four years. He added the straw ballot requirement for City Manager was recommended for the November elections. Mrs. Bennington explained this was for recognition. Mr. Kelly stated ICMA will see that as a stumbling block for recognition as a Council-Manager community. Councilman Prater asked if this would go to the Screening Committee to select the citizens. Mr. Kelly replied that was the intent. There was discussion about qualifications needed for this Committee, including input legally. Mr. Cantor, Victory Palm, asked if the citizens will vote on this and Mayor Baugh replied yes. Mr. Kelly explained the ordinance calls for a referendum. Councilman Rotundo moved they take the recommendation of this Committee. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh thanked Mrs. Bennington and Mr. Billups for their time. Screening Committee's recommendation for negotiator for City for collective bargaining - Tom Sheridan, Chairman, read his July 15th memo recommending Mr. Melbourne F. Wargo as negotiator. Councilman Asting nominated James Inman for consideration by the Council. Councilman Prater moved they accept the Screening Committee's selection of Mr. Wargo. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilman Rotundo stated he misunderstood the motion as he'd heard Mr. Inman's name. He then moved to reconsider his vote. Councilman Asting seconded the motion. Motion CARRIED 3-2. Councilman Prater and Councilman Mitchum voted NO. Councilman Asting moved that Jim Inman be appointed as negotiator for the union contracts. Councilman Rotundo seconded the motion. Motion CARRIED 3-2. Councilman Prater and Councilman Mitchum voted NO. COMMUNICATIONS Dale Kuecken re: loss of employment - Mr. Kuecken, New Smyrna Beach, referred to a problem with a City employee that caused a loss of employment, and previous letters sent to Mr. Kelly and the Mayor and Council with no response. Mr. Kelly replied that he'd explained to him when he came to the office that there would be no action from the City regarding this situation and they're at impasse. Mr. Kuecken stated it was breach of trust of a City employee. Mr. Kelly stated it's between the former employer and him and suggested he take it up with the former employer. Mr. Kuecken asked if they're responsible for the employees and Mr. Kelly replied they are not responsible for his situation. -2- Council Regular Meeting Minutes July 18, 1988 o o COMMUNICATIONS (Continued) - Paul Bowman re: occupational license at 1804 Hibiscus - Mr. Bowman, owner of the business at 1804 Hibiscus, stated this is in B-2 and it was approved by the Code personnel for all the uses before he bought it and now the occupational license has been denied with statements to change the parking to be marked and to put in a fire wall separation between tenants. He read an excerpt of the Code regarding the 1 hour fire wall requirement. He noted that he uses this for painting of furniture which would be similar to an automotive service station or B class business. He read the excerpt regarding the requirements for flammables. He then requested relief from the arbitrary change in his business from B to F, factory, for a furniture building shop. He said they approved his plans and the layout and then told him to operate and now there's a change and he cannot operate in B-2 in this building because they're classifying it as a mill or a factory. Mr. Kelly stated this is a complex problem but there is a process set up for a person who aggrieves a decision and he is to go to the Building Trades Regulatory and Appeals Board. He recommended they not violate the procedural rights of Mr. Bowman and refer him to the Board. Mayor Baugh asked if he's manufacturing furniture and Mr. Bowman replied yes. There was discussion about glue and contact cement being used in the building. Councilman Prater asked the type of building and Mr. Bowman replied it's a metal building with a wooden floor on skids. Councilman Prater questioned if that's legal and will pass the fire Code. Mr. Bowman replied he thought so. Mayor Baugh suggested he take this to the Board. Mr. Kelly pointed out the meeting is July 21st, Thursday, at 7:00 P.M. in the conference room. ORDINANCES AND RESOLUTIONS Ord. 88-0-14 Annexing property in 2700 block of Alamanda Drive (Hilldale) - City Attorney Alvarez read this Ordinance. ORD. 88-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE 2700 BLOCK, ALAMANDA DRIVE, EDGEWATER, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDE- FINING 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 PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Council- man Rotundo moved they accept Ordinance 88-0-14. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Ord. 88-0-15 Annexing property west of U.S.l, north of Roberts Rd.(Smith) - City Attorney Alvarez read this Ordinance, stating this is first reading. ORD. 88-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE WEST SIDE OF U.S. 1, A FEW HUNDRED FEET NORTH OF ROBERTS ROAD, ED GEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES 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 DEPART- MENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. 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 RESI- DENCY REQUIREMENTS FOR THE CITY MANAGER AND ALL DEPARTMENT HEADS; PROVIDING FOR WAIVER, APPEALS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Prater moved they adopt Ordinance 88-0-16. Councilman Mitchum seconded the motion. Councilman Mitchum stated for the record that the intent of this ordinance was not to throw out Department Heads that are already here, and not a man of the professionalism and stature as the Chief and he applauded him for a job well done. Councilman Prater pointed out this was a referendum issue voted on and approved by the citizens and he thinks the City Council is compelled to act on it. Motion CARRIED 3-2. Councilman Rotundo and Councilman Asting voted NO. -3- Council Regular Meeting Minutes July 18, 1988 , ' Q o UNFINISHED BUSINESS Proposed agenda format and speaking time limit (Tabled June 29, 1988) - Councilman Prater moved to remove it from the table. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Mr. Kelly briefly reviewed the proposed changes, noting an ordinance amend- ment would be needed if Council agrees. Mayor Baugh pointed out they removed the card for speakers. Councilman Prater questioned the speaking time limit and Mayor Baugh replied it would remain at 3 minutes as it is now. Councilman Asting moved they adopt the new format. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. NEW BUSINESS United States Geological Survey tide gauge contract - Mr. Kelly read his July 13, 1988, Request for Council Action which had a recommendation from Mr. Terry Wadsworth, Utilities Superintendent, to approve the $9,000 contract. Councilman Rotundo moved they accept this recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. Release of lien - 1964 bonds - Mr. Kelly read his July 13, 1988, Request for Council Action and pointed out the certification is attached. He read excerpts of Ordinance 400, and noted this will require acceptance of the certification by the C.P.A. and placing it in the minutes of the meeting. Councilman Mitchum so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Bid Revision on recreation van - Mr. Kelly read his July 13, 1988, Request for Council Action which recommended approval to order the 3/4 ton van for an additional cost of $973, but still within the amount budgeted for the van and radio. Councilman Mitchum moved they grant the recommendation for alternative 1. Councilman Asting seconded the motion. Councilman Prater questioned why they'd want a 3/4 ton and Mayor Baugh replied the 1/2 ton isn't available. Councilman Prater pointed out it will cost a lot more for operating costs. Motion CARRIED 4-1. Councilman Prater voted NO. Library Contract Change Order No.4 - Mr. Kelly read his July 13, 1988, Request for Council Action which recommended acceptance of this change order in the amount of $1,060. for an under-counter water heater in the staff lounge and for additional emergency lighting. Councilman Prater moved to grant the request on alternative 1. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Land Development & Regulatory Agency re: variance/special exception criteria - Mr. Kelly pointed out this has no fiscal impact and criteria are attached. Councilman Prater moved they grant the request. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Land Development & Regulatory Agency re: zoning text amendment, B-5 zoning district - Mr. Kelly stated this is to allow fast food restaurants if the special exception is approved by Land Development & Regulatory Agency. Councilman Rotundo moved they accept the recommendation. Councilman Asting seconded the motion. Motion CARRIED 5-0. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Mitchum so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:33 P.M. Minutes submitted by: Lura Sue Koser f:=~- MA R - Y\,..u ~ d~ ACTI~CLERK Approved this~day of ~7<'.-:t- ,198f'.. ~~ -=> ($+-- MAYOR couJ!!;;~ COUNCILMAN - ZONE FOUR ~ ~ ~S ATTEST: -4- Council Regular Meeting Minutes July 18, 1988