06-06-1988 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JUNE 6, 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
Excused
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 meeting to the Public Hearing.
Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion
CARRIED 5-0.
PUBLIC HEARING - SECOND AND FINAL READING & ACTION:
Ord. 88-0-13 Amending Chapter 7, Sec. 7-133, sign required on vehicles of sub-
contractors - Mayor Baugh stated this is second and final reading. Mr. Kelly
read this Ordinance. ORD. 88-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FORIDA, AMENDING CHAPTER 7, SECTION 7-133, SIGN REQUIRED ON SERVICE
OR INSTALLATION VEHICLE, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, BY PROVIDING FOR ALL COMPANY VEHICLES OF SUBCONTRACTORS, INCLUDING DRY
WALLERS, PAINTERS, ETC., TO HAVE SIGNS IDENTIFYING THE NAME OF THE FIRM; CON-
TAINING A REPEALER PROVISIION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE. Mayor Baugh asked for input from the audience and there was
none. He requested Council input and there was none. He then requested a motion
to close the Public Hearing and go back to the regular Council meeting.
Councilman Asting so moved. Councilman Prater seconded the motion. Motion
CARRIED 5-0.
Councilman Mitchum moved they adopt Ordinance 88-0-13. Councilman Asting
seconded the motion. Motion CARRIED 5-0.
APPROVAL OF MINUTES
Regular Meeting of May 16, 1988 - Councilman Prater moved they approve the
minutes of May 16, 1988. Councilman Mitchum seconded the motion. Motion CARRIED
4-1. Councilman Asting voted NO due to absence from that meeting.
BILLS AND ACCOUNTS
Councilman Rotundo moved they pay these bills. Councilman Prater seconded the
motion. Councilman Mitchum asked if the Dyer, Riddle bill was for previous work
before it was stopped. Mayor Baugh replied yes. Motion CARRIED 5-0.
MISCELLANEOUS
Mr. Kelly stated that Carol Ward had discussed a skateboard arena, track, or
park with him and since the agenda had been closed, he asked her to this meeting.
Carol Ward read a letter she'd submitted to Mr. Kelly requesting assistance
with this project. She reviewed the information she'd received from a privately
owned park in Jacksonville. She stressed the need for a safe and legal place
for skateboarding. She said she'd talked with David Garrett and with the Parks
and Recreation Board on June 2nd and their main concern was liability. She
reviewed the safety requirements with equipment needed and orientation. Eric
Easterling, 2203 Needle Palm, stated he has friends who could do plans for the
arena. Councilman Mitchum moved they send this to the Parks and Recreation
Board for a recommendation, and added it's a valid request and they need to look
into it. Councilman Prater seconded the motion. Motion CARRIED 5-0.
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MISCELLANEOUS (Continued) -
James Braddock, 1820 Mango Tree, asked about future plans for sewer, roads
and increased water pressure. He also asked about a turning lane for the
new Library and sidewalks, and mowing of the grass on Indian River Boulevard.
Mayor Baugh explained the proposed CIP project and that the State maintains
Indian River Boulevard. He suggested Mr. Braddock stop by City Hall and meet
with Mr. Kelly or with him to get detailed answers.
Norman Billups, 1860 Pine Tree, again requested answers to his questions
regarding a Councilman who was in charge of Florida Shores roads. He added
the children need the skateboard park. Councilman Asting stated they should
put the sewers in before they pave the roads.
Frank Burns, Royal Palm, stated they dug up his street and moved his mailbox
and 12th Street is in bad shape. He referred to a bulldozer used along the back
of his property which tore down the trees. He said it's mosquito infested.
He said his employer in Port Orange wanted to open a cedar wood picnic table
company here, and a pool and spa, but they were told they couldn't display them
for selling, so they stayed in Port Orange.
James Braddock, 1820 Mango Tree, asked for a temporary solution to the problem
with the roads. He suggested they grade more to make them passable.
Tom Sheridan, Florida Shores, asked the status of a newsletter to get information
out to the people. He said $20,000 was put in last year's budget for this.
Mayor Baugh replied it's still in the budget and the City Attorney was to get
with the two people who bid it, and that was the last he heard about it.
COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES
City Council Reports - Mayor Baugh stated he was going to ask the City Attorney
about a couple of opinions he'd requested.
City Attorney Reports - City Attorney Alvarez was not present at this meeting.
Interim City Manager Reports - Amendment to engagement letter, Brent Millikan &
Co. re: auditing services - Mr. Kelly explained that he'd discussed this with
Mr. Kish and items 2, 3, and 4 are in the engagement letter and follow the
Auditor General's guidelines. He added that Mr. Kish is agreeable to a cap
on item 1 but they didn't come to a dollar amount agreement. Mr. Alex Kish
reviewed personnel involvement from the City's end as a cost saving measure.
He agreed in concept with all the points and he'll meet with Mr. Kelly
or with Council. Mayor Baugh asked that he bring it to Council for their
authorization before doing the work if they foresee a problem. Mr. Kish agreed.
Mayor Baugh clarified that's regarding the audit. Mr. Kish stated they would
not do any outside services without proper authorization. Mayor Baugh stated
it's fine except for item 1 and Mr. Kish agreed that's correct and they don't
have a problem with that but would like to know when they want it back, and
the more the City will prepare the documents, the more it will save.
Councilman Mitchum requested clarification of item 1.
recommended $30,000 as the cap and they had no problem
they know that certain reports will be timely.
Councilman Mitchum expressed concern with the scale comparing our costs to
those of other cities. Mr. Kish reviewed the reasons for the varying costs,
such as, golf courses, utilities, garbage services, etc.
Mr. Kelly said he'd
with that as long as
Mr. Kelly pointed out he didn't want to pay $40 or $50 an hour for a Junior
Accountant to do research. Mr. Kish reviewed the procedures with the punch
list provided.
Councilman Mitchum asked the figure Mr. Kish had in mind and Mr. Kish replied
he hadn't figured it yet but can have a firm figure and the City can tell
them when they want an auditing statement and they'll determine time frames.
Mayor Baugh asked that he get back with City Manager.
-2- Council Regular Meeting Minutes
June 6, 1988
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Interim City Manager Reports - Brent Millikan & Co. Supplemental Invoice
#2415 - Mr. Kelly stated this was on the table and a motion is needed to
remove it from the table. Councilman Asting moved that it be taken off
the table. Councilman Prater seconded the motion. Motion CARRIED 5-0.
Mr. Kelly stated the invoices were researched and there is supporting
appropriate minutes and they acted in good faith to attend the meetings.
He noted one weakness was a series of committees that were set up and
then dissolved and most of the time was in those meetings. He recommended
they honor invoice 2415. Councilman Asting so moved. Councilman Rotundo
seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO.
Interim City Manager Reports - Cost of living increase - David Garrett -
Mr. Kelly recommended the City Council approve David Garrett's cost of
living increase retroactive to October 1. He pointed out that he also did
not receive the merit and had not qualified for the 4% or any portion thereof.
Councilman Asting moved they grant the cost of living increase to David
Garrett retroactive to October 1, 1987. Councilman Rotundo seconded the
motion. Motion CARRIED 5-0.
Interim City Manager Reports - FmHA refunding - financial advisor selection -
Mr. Kelly stated that based on the analysis, he is recommending the financial
advisor services be awarded to Arch W. Roberts and Co. of St. Petersburg for
the purpose of refunding the Farmers Home Administration loans, through the
Gulf Breeze Loan Pool primarily. He pointed out the present value savings
or net savings will be $55,084 based on the current pricing grid submitted
by FmHA. He added that those grids will change June 10th and these numbers
will vary a little.
Councilman Asting moved they award the financial advisory services to Arch
W. Roberts and Company of St. Petersburg, Florida. He complimented the Interim
City Manager for a thorough job in researching these proposals. Councilman
Mitchum seconded the motion. Motion CARRIED 5-0.
Interim City Manager Reports - Request for forfeitures: A) 1973 Chevrolet
pickup truck, B) 1986 Suzuki motorcycle, C) 1979 Ford pickup truck -
Mr. Kelly stated these requests for forfeitures from the Chief have to go to
the City Attorney. Mayor Baugh requested Council to authorize the City Attorney
to go ahead with these forfeitures. Councilman Asting so moved. Councilman
Prater seconded the motion. Motion CARRIED 5-0.
Interim City Manager Reports - Recommendation on refuse truck bids - Mr. Kelly
stated the other bids did not meet the specifications they requested and they
are again asking for a recommendation that the bid be awarded to Rand for
$53,074. Councilman Asting asked Mr. Carl Overstreet, Public Works Superin-
tendent, if this truck will have the same hydraulic system as the present trucks
and Mr. Overstreet replied yes. Councilman Asting asked if he thinks that's the
best system and Mr. Overstreet replied yes. Councilman Asting asked the delivery
time and Mr. Overstreet replied 120 days. Councilman Asting asked the condition
of the present garbage fleet. Mr. Overstreet replied four are running and one
is not. He reviewed the schedule they use. Councilman Asting asked if he's had
any trouble getting parts and Mr. Overstreet replied no.
Mr. Kelly pointed out the recommendation is to retain the other truck and not
trade it in. Mr. Overstreet agreed. Councilman Asting moved they award the
bid to the Rand Corporation in the amount of $53,074. Councilman Rotundo
seconded the motion. Motion CARRIED 5-0.
Interim City Manager Reports - Request re: Modification No.2 to DCA contract
for Comprehensive Plan - Mr. Kelly stated that Lynne Plaskett contacted DCA
about modifications to get more for their money and to ask for an additional
sixty day extension and DCA agreed verbally to the request and they need an
endorsement from the City Council. He pointed out they're recommending exchang-
ing the intergovernmental coordination element for the future land use element.
Mayor Baugh explained this will include authorization for him to send the letter
to DCA. Councilman Prater moved they grant the request. Councilman Mitchum
seconded the motion. Motion CARRIED 5-0.
-3- Council Regular Meeting Minutes
June 6, 1988
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Edgewater Volunteer Fire Department's request re: fireworks for July 3,
1988 - Danny Taylor, Chairperson, Orange Tree Drive, stated they need
permission to use the dock to unload the fireworks onto the boats and
set the boxes on the island and come back. Mayor Baugh noted they have
to supply the boat and Mr. Taylor agreed, and added that the Fire Chief,
paramedics, Air One, and EVAC will be notified. Mr. Taylor asked that
Police officers stand by so they don't have someone there that doesn't have
to be there. He pointed out they'll pay $7,000 for a $14,000 show.
Councilman Asting moved they grant the $2,500 request for fireworks that
has been budgeted for this purpose. Mayor Baugh asked about Police and
Councilman Asting agreed. Councilman Mitchum seconded the motion. Mr.
Kelly pointed out that Santore and Sons include the various liability
insurances they need and Mr. Taylor agreed and noted that when they get
half of the money, the insurance contract will come in with their name and
he'll get a copy to the City. Motion CARRIED 5-0.
Mayor Baugh asked why it is July 3rd and Mr. Taylor replied that Santore
and Sons was donating half because they already scheduled July 4th with
their entire family.
Screening Committee's recommendations to fill vacancies on Building Trades
Regulatory and Appeals Board; Citizen Code Enforcement Board; and Parks and
Recreation Board - Building Trades Regulatory and Appeals Board - Councilman
Asting nominated Jack Hayman, Sr. With no other nominations, Mayor Baugh
recommended they appoint him. Councilman Asting moved they appoint him to
the Board. Councilman Prater seconded the motion. Motion CARRIED 5-0.
Citizen Code Enforcement Board - Councilman Asting nominated Mary Ciccarello
and Maureen Borner. There were no other nominations. Mayor Baugh requested
a motion to that effect. Councilman Prater so moved. Councilman Asting
seconded the motion. Motion CARRIED 5-0.
Parks and Recreation Board - Councilman Asting nominated Jeff Ridgdill and
Lawrence Lanchoney. There were no other nominations. Mayor Baugh requested
a motion to that effect. Councilman Asting so moved. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
COMMUNICATIONS
Volusia Coastal Area Metropolitan Planning Organization's request to reconsider
apportionment of membership -GerryHuttmann, MPO, reviewed the prior request
for approval. He explained six other cities did not support this and they
have been advised they need 100% agreement for the Governor to consider the
reapportionment. Mayor Baugh stated that they didn't approve it previously
because they wanted to see another city getting the vote the County got but
they didn't know at that time that State law requires one-third of the member-
ship has to come from the County. Mr. Kelly pointed out nobody is losing
anything with the reapportionment and it went from 15 to 18 voting members with
1 to the County, 1 to Port Orange and 1 to Deland.
Marie Nichols, 1016 Flagler Avenue, referred to the map in the paper that
showed zone 3 got nothing, as they'd like New Smyrna Beach, Edgewater, and
the County to get something. Mr. Kelly notedshe}s referring to road impact fees.
Mr. Huttmann explained he's not representing the County.
Mayor Baugh requested they move item 8.G., Res. 88-R-29, up to this point on
the agenda. There were no objections from Council.
Res. 88-R-29 Adopting expansion of planning boundary of Volusia Coastal Area
Metropolitan Planning Organization to include all of Volusia County and to
support reapportionment of existing 15 members - Mr. Kelly read this Resolution.
RES. 88-R-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
ADOPTING EXPANSION OF THE PLANNING BOUNDARY OF THE VOLUSIA COASTAL AREA METRO-
POLITAN PLANNING ORGANIZATION TO INCLUDE ALL OF VOLUSIA COUNTY AND TO SUPPORT
REAPPORTIONMENT OF THE EXISTING 15 MEMBERS; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt
Resolution 88-R-29. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
-4- Council Regular Meeting Minutes
June 6, 1988
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COMMUNICATIONS (Continued) -
Mrs. James Inman re: removal of Board member - Mrs. James Inman stated the
other lady involved could not be at this meeting. Councilman Mitchum questioned
why this came before Council as he feels it's a civil matter. He requested she
read her letter. Mrs. Inman read her March 29, 1988, letter. Councilman
Mitchum questioned her definition of vulgar anger referred to in the letter and
if she felt that someone coming up to a Council member after a meeting and with
a voice strongly raised called him a bastard and pushing him in the chest
would be considered vulgar anger. Mrs. Inman replied if it was done, and
this was done in the City Council meeting here.
Councilman Mitchum again stated he doesn't think this is a matter for Council
and her problem with Mr. Klein should be taken up with the Ethics Commission
or State Attorney's office. Mrs. Inman said she doesn't agree because he's
on a board.
Mr. Kelly recommended no action be taken as any action, negative or positive,
will be casting a judgement and there was no hearing or charges filed and
they did not hear Mr. Klein's side of the story. He noted that if criminal
charges were filed and there was a conviction, then the City Council would
have a responsibility. Mrs. Inman asked Mr. Kelly if he believes her and Mr.
Kelly replied it's not his role to make any judgement, nor is it City Council's
role, but would be the role of proper authorities commissioned for that responsi-
bility.
Attorney Mary Hansen (Not listed on agenda) - Mr. Kelly stated a letter was
hand delivered to them by Mary Hansen. Attorney Hansen stated annexations were
tabled several weeks ago and Council directed Mr. Kelly to look into this. She
said they, Vargish, and American Pioneer have offered to be guinea pigs. She
asked that Council consider the annexation policies because everyone is
re-evaluating if they should reconsider the annexations. Mayor Baugh asked
when these will come to Council and Mr. Kelly assured Attorney Hansen they
will be on the agenda for June 20th.
ORDINANCES AND RESOLUTIONS
Res. 88-R-23 Authorizing City officials to execute wellfield acquisition agree-
ment with Larry McCaskill - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGE-
WATER TO EXECUTE THE "WELLFIELD ACQUISITION CONTRACT" BETWEEN LARRY McCASKILL
AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND
PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution.
Councilman Rotundo seconded the motion. Councilman Mitchum expressed strong
concern about some of the items in the agreement. Mayor Baugh pointed out this
has been in progress for l~ years. Councilman Mitchum stated they have well-
fields built on land they have no agreement to be put on, and he suggested tabling
this for a recommendation from the City Manager and perhaps some Council members
could go over this under the Sunshine with Mary Hansen. Councilman Asting
withdrew his motion. Councilman Rotundo did not agree to withdraw his second.
Attorney Hansen reviewed some of the items of concern to Councilman Mitchum.
Mr. Kelly stated that he would have pursued condemnation proceedings rather
than services as he doesn't like the principle of negotiating a contract of
services for use of property. He then expressed concern with two items,
paragraph 6 on page 4 regarding the four wells on municipal land with no
criteria of how it's measured for quantity and quality, and paragraph 7 of
page 5, regarding mandatory Federal and State law regulations regarding setback
requirements with moving at landowner's option to an extent of $58,000. He
pointed out this would not have occurred with condemnation proceedings.
Attorney Hansen explained the water and sewer service is contracted if the
capacity exists and it's not claimed by someone else, and it won't tax the
current facility. She referred to DER stormwater regulations, and noted
$58,000 was set by the City to put in the wells. She said Mr. McCaskill does
have other wells, and she referred to the consumptive use permit. Mr. Kelly
recommended St. Johns or someone be an arbitrator. Attorney Hansen stated
they use the Clean Water Act.
-5- Council Regular Meeting Minutes
June 6, 1988
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ORDINANCES AND RESOLUTIONS (Continued) -
Res. 88-R-23 Authorizing City officials to execute wellfield acquisition
agreement with Larry McCaskill (Cont'd) - Mr. Kelly asked what Mr. McCaskill
uses his wells for and Attorney Hansen replied for agricultural use basically.
There was discussion between Mr. Kelly and Attorney Hansen regarding the use
and monitoring of these wells.
Mr. Kelly recommended that Council adopt Resolution 88-R-23 subject to the
City Attorney and Mary Hansen working out the discrepancies in paragraphs 6
and 7 and bringing those discrepancies back to the City Council at the June
20th meeting. He suggested they amend the motion. Councilman Asting amended
his motion to accept the City Manager's recommendation regarding paragraphs
6 and 7. Councilman Rotundo seconded the amendment. Amended motion CARRIED
5-0. Original motion CARRIED 3-2. Councilman Mitchum and Councilman Prater
voted NO.
Res. 88-R-24 Reappointing Rev. Lawrence Tee as honorary Police Chaplain -
Mr. Kelly read this Resolution. RES. 88-R-24 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING REVEREND LAWRENCE E.
TEE AS HONORARY POLICE CHAPLAIN TO THE CITY OF EDGEWATER POLICE DEPARTMENT;
PROVIDING FOR POWERS, DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum
moved they adopt Resolution 88-R-24. Councilman Asting seconded the motion.
Motion CARRIED 5-0.
Res. 88-R-25 Appointing one (1) member to Building Trades Regulatory and Appeals
Board - Mr. Kelly read this Resolution. RES. 88-R-24 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE (1) MEMBER TO
THE BUILDING TRADES REGULATORY AND APPEALS BOARD OF THE CITY OF EDGEWATER;
PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI-
BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE. He inserted the name of Jack Hayman, Sr. as the appointee.
Councilman ASting moved they adopt the Resolution. Councilman Mitchum seconded
the motion. Motion CARRIED 5-0.
Res. 88-R-26 Appointing two (2) members to Citizen Code Enforcement Board -
Mr. Kelly read this Resolution. RES. 88-R-26 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO (2) MEMBERS TO THE CITIZEN
CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE;
PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He read the names of
Mary Ciccarello and Maureen Borner as the appointees. Councilman Prater moved
they adopt Resolution 88-R-26. Councilman Mitchum seconded the motion. Motion
CARRIED 5-0.
Res. 88-R-27 Appointing two (2) members to Parks and Recreation Board - Mr.
Kelly read this Resolution. RES. 88-R-27 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS,
PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH,
AND PROVIDING AN EFFECTIVE DATE. He read the names of Jeff Ridgdill and Lawrence
Lanchoney as the appointees. Councilman Asting moved they adopt the Resolution.
Councilman Mitchum seconded the motion. Motion CARRIED 5-0.
Res. 88-R-28 Requesting Department of Natural Resources to provide permits to
designate Menard-May Park as public swimming area - Mr. Kelly read this
Resolution. RES. 88-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, DECLARING ITS INTENT TO REQUEST THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND TO PROVIDE THE NECESSARY PERMITS TO
ESTABLISH A DESIGNATED PUBLIC SWIMMING AREA AT MENARD-MAY PARK; PROVIDING FOR
RESPONSIBILITIES IN CONJUNCTION WITH THESE PERMITS; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum
moved they adopt Resolution 88-R-28. Councilman Asting seconded the motion.
Tom Sheridan, Florida Shores, expressed his concern about safety and inspections
at Menard-May Park. He said water hadn't been tested when they had pollution
in the river, they have coliform in the water, they don't have a pedestrian
walkway into the park, and there's not a life ring on the fishing pier. Mayor
Baugh stated he'll check these items.
Motion CARRIED 5-0.
-6- Council Regular Meeting Minutes
June 6, 1988
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UNFINISHED BUSINESS
Mr. Kelly referred to a suit filed against the City regarding the
recreation impact fee ordinance. He noted that his earlier request,
after concern expressed by two developers, had been to have a joint
meeting of the Land Development and Regulatory Agency, the Parks and
Recreation Board, and community developers who'd expressed an interest
in the formula. He stated that he and the City Attorney agreed that it's
not in the City's best interest to go forward with those meetings and to
instruct the two boards to cancel their meetings. He suggested staff
proceed to work on a draft ordinance if changes are to be made and then
discuss it with members of the two boards for the purpose of making any
amendments that may be necessary. He added the City Attorney is filing
a motion to dismiss the suit. He stated he wants to come back June 20th
about what to do with the impact fee money during this time as there's
a question about issuing permits that require impact fee money. He
requested City Council direction about what they are legally able to
do and what they want to do within the legal frame work. He asked to
cancel the meetings.
Councilman Mitchum moved to accept his recommendation. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
NEW BUSINESS
There was no New Business brought up at this meeting.
ADJOURN
Mayor Baugh requested a motion to adjourn. Councilman Prater so moved.
Councilman Rotundo seconded the motion. Meeting was adjourned at
9:15 P.M.
Minutes submitted by:
Lura Sue Koser
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COUNCILMAN - ZONE FOUR ~
ATTEST:
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'"ACTING CITY ~ERK
Apprjved this c:l 0 day of
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-7- Council Regular Meeting Minutes
June 6, 1988