Loading...
05-16-1988 - Regular Q (J '. CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 16, 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 Excused Present City Attorney Jose'Alvarez Acting Interim City Manager W. E. Knowles Acting City Clerk S.Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG The invocation was delivered by Father James Biegler, St. Paul's Episcopal Church. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting May 2, 1988 recessed to May 5, 1988 - Councilman Prater moved to approve the minutes of May 2, 1988. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 4-0. Acting City Clerk Wadsworth stated there's a supplement bill for D & W Paving from the Street Department for $159.74 and the Administrative Secretary forgot to get the purchase order for it. She added it's 4~ tons of asphalt for repairing pot holes in the roads. Councilman Prater moved they pay this supplement bill for $159.74. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Frank Opal, Florida Shores, spoke on the Coronado Paint incident with water and the DER notice. He then spoke against using umpires. Tom Sheridan, Florida Shores, spoke on the safety program accepted by the City which provided for the planned inspections once a month. Mr. Knowles stated that he saw the letter from DER that afternoon which stated they had no record of test results for the last quarter of 1987 for TTHMS. He stated they did later find the report when the Utilities Superintendent called them and that comment was in error. He stated the second comment was that the THL for the first quarter of 1988 exceeded 0.1 and they are in error on that as ,State regulations call for an annual average and the City's average is 0.063 which is well below the specified amount. He then stated the cross connection program in comment 3 has been in progress. He referred to an employee who will attend the next certification program in July. He stated that Coronado Paint was a cross connection resulting from an illegal tap inside the plant. He said Frank Huttner in Orlando can verify this and they were sorry the letter was sent without more checking. Tom Sheridan asked if planned safety inspections were made by each supervisor. Mayor Baugh replied he'll check that the next day. Mel Wargo, Pines Edge Court, asked if the abandoned water line was metered and Mr. Knowles replied no. Mr. Wargo asked if it's free water and Mr. Knowles replied no, it was a cut off line and they tapped it inside the plant. Mr. Wargo suggested they be made to pay a penalty for all the trouble the people went through those 3 days. Mr. Knowles pointed out they were very cooperative and agreed they should pay expenses and the bill was sent to them. o o MISCELLANEOUS (Continued) Mel Wargo (Cont'd) - Mr. Wargo asked about parking business vehicles at residential locations and asked that they enforce the laws they have. He referred to someone living in a motor home in front of a business. He spoke about the storage buildings on Park Avenue with a spray booth in one. He asked that these be inspected to find out what the people are doing in these storage garages. He pointed out that some people have been forced to put sprinklers in the spray booths and others are working out of storage garages. Mayor Baugh requested this be brought to the attention of the Department Heads. Mr. Wargo stated the County sent Mayor Baugh a letter regarding Massey Airport being a road into the air port. Mayor Baugh said the letter is in City Hall and he'd talked with the County Engineer who said he was going to grant the permit to put the road in. Mr. Wargo asked when Wildwood was annexed into the City. Mayor Baugh asked Acting City Clerk Wadsworth to look it up. Mr. Wargo asked to reserve time for the junk yard issue later on the agenda and Mayor Baugh agreed, with no objections from Council. Frank Opal asked the status of the Carmen Montesano lawsuit regarding settling it for $96,000. City Attorney Alvarez noted their attorney is claiming an amount. John Siburn, Connecticut Avenue, asked if the City can serve the 200 or more homes of Edgewater Landing plus the one being annexed into the City. Mayor Baugh replied the Utilities Superintendent advised them the City can handle it. Mr. Siburn asked if they'll need a new pumping station there and Mayor Baugh replied yes and they'll pay for it. Ruth A. Taylor, Florida Shores, asked for information regarding senior citizen activities and also for widows, widowers, and single citizens. Acting City Clerk Wadsworth suggested she call her for the list of offerings by Daytona Beach Community College. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh spoke on the proposed jail facilities on 92 and asked Council to go on record of opposing this due to the distance needed for travel for local residents and for the Police officers who have to go to court. He suggested they expand the New Smyrna Beach facilities to house one or two more judges. He noted that Daytona Beach, Deland, and Deltona also need more facilities. He requested a motion from Council to send a letter to the County opposing this and to increase our facilities. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. City Attorney Reports - City Attorney Alvarez had no report at this time. Interim City Manager Reports - Site Plan review fees recommendation - Acting Interim City Manager Knowles stated Mr. Kelly requests approval to establish a fee structure for the costs and he'll come back to Council later for approval. Mayor Baugh questioned if this should go to the Board for their recommendation. Councilman Mitchum explained the request was just to draw it up. Councilman Prater added that it will be in the form of an ordinance. Councilman Mitchum moved they grant him the request. Councilman Prater seconded the motion. Motion CARRIED 4-0. Interim City Manager Reports - Michael Hilldale's annexation request re: water and sewer - Acting Interim City Manager Knowles stated that the City is capable of providing water and sewer and the Utilities Superintendent has approved it and staff recommends approval of this annexation. Acting City Clerk Wadsworth read the May 9th memo from Interim City Manager Dennis Kelly. Councilman Mitchum moved they grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. -2- Council Regular Meeting Minutes May 16, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager Reports - Special permit request - DeCubellis junk yard - Acting Interim City Manager Knowles stated that it's recommended he be given 15 days to complete the terms of the agreement, otherwise all conditions will be dissolved and he'll have to make all corrections on his own and resubmit his application. Mayor Baugh asked if he'd talked with the City Manager about this and Mr. DeCubellis replied yes. Mayor Baugh asked if he's in agreement with all the terms and Mr. DeCubellis replied yes. Frank Opal asked where it is and Mayor Baugh replied on Old County Road. Mel Wargo, Pines Edge Court, referred to a previous problem there with the road drifting to the railroad tracks and location of the sewer lines. He suggested they look into this before they have a problem, as there could be a business put in and it would be on City property. Mayor Baugh stated it's beyond where the road went to the railroad tracks. Councilman Prater asked the City Attorney for comments. City Attorney Alvarez explained this had corne before Council and Mr. DeCubellis had agreed to whatever conditions the Fire Inspector, Building Official, and Code Enforcement Officer put to- gether and he drafted an agreement and doesn't know what transpired between those three after that. David Jones, Fire Safety Inspector, stated he met with the City Manager and made some changes with the oxygen storage to conform to the National and Standard Fire Codes instead of OSHA, and all gas tanks are to be drained and gas stored in an approved holding tank, and he changed it to NFPA 30 conformity. City Attorney Alvarez pointed out those were not legal matters, and he sent it blank to City Hall for the appropriate officials to fill it in. He asked if he'd reviewed this and Mr. Jones replied yes, and he also changed the fire extinguishers from 3 to be in accessible locations. City Attorney Alvarez asked if he's satisfied with it and Mr. Jones replied yes and the only thing he'd like to add is that it would conform with all State, local, and Federal laws. City Attorney Alvarez pointed out he'd have to do that anyway. Councilman Mitchum moved they accept it. Councilman Prater seconded it if amended to include the 15 working days to complete the terms. Mayor Baugh explained that's part of the agreement. Councilman Mitchum agreed his motion would include that. Councilman Prater agreed as the second. Motion CARRIED 3-1. Councilman Rotundo voted NO. Interim City Manager Reports - Recommendation - tractor with flail mower plus attachments - Acting Interim City Manager Knowles stated this request from the Public Works Superintendent is on State bid and there are sufficient funds under line 62 with the pole barn being eliminated and a reduction in the Lake Doctor's amount. Mayor Baugh asked Mr. Carl Overstreet, Public Works Superintendent, if it's under State bid. Mr. Overstreet replied the tractor is on State bid and the mower attachment he needs is on County bid. Councilman Prater moved to grant his request. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Interim City Manager Reports - Interlocal agreement - local option gas tax - Acting Interim City Manager Knowles stated this is the 6~ local option gas tax and the question is whether to join with the County. He noted the attachment shows the amounts, and Mr. Kelly is recommending to not enter into an interlocal agreement with Volusia County. Councilman Rotundo moved they grant his request not to enter with the County. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Interim City Manager Reports - Edgewater Elementary School road through ball park - Acting Interim City Manager Knowles stated that Mr. Kelly had submitted a report and is recommending the City Council approve the conditions listed and to charge the City Attorney with drafting the hold harmless agreement for the road work and the City Manager be charged with forwarding a letter to the School Board confirming the City will relocate the road at the City's expense with the estimated cost of $10,000 to come from the recreational impact fee funds. Tom Sheridan, Florida Shores, questioned how they could take the City's recreational impact fees for something that doesn't belong to the City. He referred to a ruling made by the City Attorney about 2~ years ago. City Attorney Alvarez stated that the City Manager wasn't aware of this and they could approve it subject to where the funds can come from. -3- Council Regular Meeting Minutes May 16, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Interim City Manager Reports - Edgewater Elementary School road through ball park (Cont'd) - Dave Jones, Victory Palm, suggested they send a letter to Volusia County to use the impact fees collected for the roads for this road at the ballfield. Mayor Baugh pointed out we're in court now fighting those fees in our City limits. Mr. Jones stated a lot of contractors are contributing. Mr. Knowles pointed out this is a single purpose road not available to the general public but to provide access to the school. He said it doesn't come under the Federal Statutes'definition of public access roads and impact fees are required to be used solely for uses generated by increased growth and can't be used for general improvements. He suggest this be tabled and refer it back to the City Manager's office for further review as to where the funds would come from. Mayor Baugh stated they've been discussing this since September and he agrees with the City Attorney to possibly approve it subject to the funds being taken from whatever account and not the impact fees. Mel Wargo, Pines Edge Court, stated he was opposed to putting a concession stand on School Board property and he doesn't see any reason to put more money there. He suggested they move out of there before the land is taken back. Mayor Baugh pointed out it's a 99 year lease. Mr. Wargo stated they can take it over any time. Mayor Baugh pointed out that they'll pay for the improvements if they do, and he doesn't see any place to move it. Tom Sheridan suggested they use the 14 acres. City Attorney Alvarez asked Acting Interim City Manager Knowles if he had any concerns other than the source of funds since he recommended it be tabled. Councilman Mitchum expressed concern with item 1.A. regarding a one year notifi- cation to vacate when the School Board needs the property, and if they'd pay to move us. Mayor Baugh replied yes. Councilman Mitchum also questioned the agree- ment to be amended and revised within the next 90 calendar days. There was dis- cussion regarding this item, with Councilman Mitchum stating he wants it to be clear. Norm Billups, 1860 Pine Tree, spoke on the lottery set up for the schools funds and asked why there is school poverty. Councilman Rotundo suggested they TABLE this until three weeks from today. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 3-1. Mayor Baugh voted NO. Interim City Manager Reports - Bike path on Indian River Boulevard - Acting Interim City Manager Knowles stated the City staff has not reviewed this nor has the citizen committee for their input to Council. He suggested they do a compre- hensive layout of bike paths for the City for the future so Council will know what the program is and what funds will be needed. He pointed out there's $28,000 available but they need to look at the overall program and take it in phases. He recommended it be tabled for the next meeting to get their input. Councilman Rotundo stated they had a Bike Path Committee that worked on Park Avenue. Acting Interim City Manager Knowles pointed out that since the committee was not disbanded, they should be a part of it. Councilman Rotundo stated they wanted it built on Indian River Boulevard the same time as the Library so the children could use it. City Attorney Alvarez noted that he'd been negotiating with the Magnuson Corporation for the rights of way and they've been extremely cooperative and the request is for engineering and planning of the actual construction with the City Engineer to design and estimate a cost. There was discussion whether it could be done by Acting Interim City Manager Knowles and the Department Head. Mel Wargo, Pines Edge Court, questioned if eminent domain could be used to get the sidewalks on Indian River Boulevard or Park Avenue. He suggested they refer to it as a sidewalk rather than a bike path. Frank Opal asked who Indian River Boulevard belongs to and Mayor Baugh replied to the State, but the rights of way belong to other people. Mr. Opal referred to a previous attempt for bike paths made by Mayor Christy. -4- Council Regular Meeting Minutes May 16, 1988 Q u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager Reports - Bike path on Indian River Boulevard (Cont'd)- Acting Interim City Manager Knowles again recommended they look at the overall picture for bike paths for the next several years. He said he thinks he can save money and they won't have to go to the engineer with design and survey work. Mayor Baugh asked if this will delay the one on Indian River Boulevard and Mr. Knowles replied it won't delay any construction at all but will give them the overall picture. John Siburn, Connecticut Avenue, referred to the bike path in New Smyrna Beach that was built with donations and suggested this be done here. Councilman Prater moved they go along with Acting Interim City Manager Knowles' recommendation. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Acting City Clerk Reports - Acting Interim City Manager Knowles stated this is the change of 14 days with no money involved and it's recommended it be approved. (This was Change Order Number 3 for the Library contract for an additional 14 days for contract time). Councilman Mitchum moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 4-0. Acting City Clerk Wadsworth stated for the audience that the bid recommendations scheduled for this meeting for the refuse truck and renovation of the Library for the Police Department will be on the June 6th agenda. Acting Interim City Manager Reports - Acting Interim City Manager Knowles presented a proposed advertisement for the permanent City Manager's position for Council's review. He suggested it be sent to national publications to receive applications from throughout the United States. He pointed out that a screening committee of professionals from FCCMA could be used at no cost. He said it would be a 3-member committee and suggested it be a 5-5 plan that narrows to the top 10 and then screens to the top 5 and the second 5 for Council's latitude of selection. He also requested the number they want to interview and the time to be spent in personal interviews. He pointed out it's normal for the City to pay the travel expenses of anyone they invite to come for interview. Mayor Baugh suggested he advertise in the magazines and they can think about the rest and bring it back. Councilman Prater suggested they change the wording in the ad to be "highly desirable" and Acting Interim City Manager Knowles stated it's common wording used so they won't be locked in and will leave it more open. Councilman Mitchum asked Mayor Baugh's comments on the screening committee and Mayor Baugh suggested it just be the ad and think about the top letter. Councilman Mitchum asked if this will hold them up and Acting Interim City Manager Knowles replied no. Councilman Rotundo moved they grant this request to advertise and think about the top letter. Councilman Prater seconded the motion. Motion CARRIED 4-0. Parks and Recreation Department's request re: umpires to officiate 1988 regular baseball program (exceeds $2,000) plus approval of bills for April and May expenses - Acting City Clerk Wadsworth read the April 21st memo from Assistant Recreation Director/Buildings and Grounds Maintenance Superintendent Jack Corder. Councilman Rotundo moved they grant this request. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Police Chief's request to reappoint honorary Police Chaplain - Acting City Clerk Wadsworth read the May 5, 1988, memo from Chief Lawrence Schumaker requesting reappointment of Reverend Lawrence Tee for another one year term as honorary Police Chaplain. Councilman Rotundo asked if Reverend Tee accepted the offer and Chief Schumaker replied yes, and he wants to continue. Councilman Prater moved they grant his request. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS There were no Communications for this meeting. -5- Council Regular Meeting Minutes May 16, 1988 o ORDINANCES AND RESOLUTIONS o There were no Ordinances or Resolutions presented at this meeting. UNFINISHED BUSINESS NEW BUSINESS There was no Unfinished Business brought up at this meeting. ADJOURN There was no New Business brought up at this meeting. Mayor Baugh requested a motion to adjourn. Councilman Mitchum so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ~d~ ACTING CITY GiERK ~ day of , 198$-. APprri;::iS ; MA~ pI-- ~ -? ~ k, P/?5> v -6- Council Regular Meeting Minutes May 16, 1988