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03-07-1988 - Regular Q Q CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 7, 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 Present Present Present Present Councilman David Mitchum City Attorney Jose'Alvarez Acting City Clerk Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Sal Siano, Edgewater Alliance Church, delivered the invocation. There was a salute to the Flag. PROCLAMATION - "EDGEWATER AREA 12TH ANNUAL 65 ROSES BIKEATHON" AND CYSTIC FIBROSIS HALL OF FAME HONOR ROLL PLAQUE Mayor Baugh read the proclamation and presented it to the Chairman of the Bikeathon, Mr. Larry Perkins. Mr. Perkins introduced Bill Benson and Harry Montgomery as fathers of two children who have cystic fibrosis. Mr. Perkins read the previous statistics since the inception of the bikeathons. He unveiled a plaque which had a list of names, and explained there were three categories. He read the names of the sponsors who had donated $150 or more over the last nine years, Leon's Shell, Edgewater Pharmacy and Edgewater City Council, represented by Councilman Rotundo who rode one year. He asked for help this Saturday at the Christian Life Center. 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. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 88-0-1 Rezoning portion of Lot 6, Block 2, Riveredge Acres, from R-l to B-3 - City Attorney Alvarez read this Ordinance. ORD. 88-0-1 - 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 A PORTION OF LOT 6, BLOCK 2, RIVEREDGE ACRES, AS RECORDED IN MAP BOOK 9, PAGE 260 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 PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Baugh asked for audience input and there was none. He then asked for Council comments and there were none. Ord. 88-0-8 Creating a Land Development and Regulatory Agency - City Attorney Alvarez read this Ordinance. ORD. 88-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, CREATING A LAND DEVELOPMENT AND REGULATORY AGENCY; BY PROVIDING FOR REMOVAL FROM OFFICE AND VACANCIES; BY PROVIDING FOR OFFICERS AND EMPLOYEES OF SAID AGENCY; BY PROVIDING FOR RULES OF PROCEDURE FOR SAID AGENCY; BY PROVIDING FOR POWERS AND DUTIES OF SAID AGENCY AND THAT THE AGENCY IS DESIG- NATED AS BOTH THE LOCAL PLANNING AGENCY AND LAND DEVELOPMENT AND REGULATORY AGENCY IN ACCORDANCE WITH SECTION 163.3161, ET SEQ. FLORIDA STATUTES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is also second and final reading for adoption. Mayor Baugh asked for audience input and there was none. He asked for Council comments and there were none. Mayor Baugh requested a motion to adjourn the Public Hearing and go back into the regular Council meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-1 Rezoning portion of Lot 6, Block 2, Riveredge Acres, from R-l to B-3 - Councilman Asting moved they adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-8 Creating a Land Development and Regulatory Agency - Councilman Asting moved they adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. o o APPROVAL OF MINUTES Special Meeting of February 3, 1988 - Councilman Prater moved they approve the minutes of February 3, 1988. Councilman Asting seconded the motion. Motion CARRIED 3-2. Councilman Mitchum and Mayor Baugh voted NO. Mayor Baugh stated he voted no due to absence. Special Meeting of February 8, 1988 - Councilman Rotundo moved they adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Workshop of February 10, 1988 - Councilman Mitchum moved they approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of February 10, 1988 - Councilman Prater moved they approve the regular meeting February 10th minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting of February 17, 1988, 6:30 P.M. - Councilman Mitchum moved they approve the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 3-2. Councilman Prater and Councilman Asting stated they voted no because they were excused from that meeting. Special Meeting of February 22, 1988 - Councilman Mitchum moved they approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated they have a copy of bills from Dyer, Riddle, Mills & Pre- court, Inc. and he didn't approve them until he has authorization to do so. He said one is for Florida Shores soil boring to determine locations and extent of coquina limestone for $556.03, one for the water distribution system master plan for $11,090.10, and the water and wastewater capital improvement program for $5,180.27. He added that Mr. Hartman is present and can answer any questions. Councilman Prater moved they pay these bills. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mel Wargo, 2 Pines Edge Court, offered his services to Council as an inspector on the roof of the new Library. He pointed out problems in Florida with leaky roofs. He also offered his services of 40 years experience with wage negoti- ations. Mayor Baugh thanked him and suggested Council think about the offers and he'll bring it up at a later time for approval. Sue Glover, 2516 Pine Tree, referred to the high volume of garbage and the problem with disposal. She suggested a less costly solution to choose a site and keep an orderly, neat appearance and have an employee at the collection depot for recycling. She volunteered to do the publicity. She suggested the people could save their cans, bottles, and waste paper for the depot and the profits could be used to build or maintain parks. She read some of the items that can be recycled and noted there's a business in Florida Shores that buys some of these and she has no connection with them. Phyllis Woodard stated she's been in the City for 24 years. She referred to an article in the paper about not being a hired gun and she requested an apology to the employees of the City. She added that the City and employees deserve a cooperative attitude from supervisors and suggested Council send the man back to where he came from. Mrs. Woodard asked if they'd advertised for an investment firm for CIP, and if so, who responded to the bids, and was the City's bid file used. Mayor Baugh requested the City Attorney answer this. City Attorney Alvarez replied he doesn't know of any firm that was advertised for. Mrs. Woodard asked if they have an investment firm and City Attorney Alvarez suggested she talk with A. G. Edwards. Mrs. Woodard asked if they'd contracted with A. G. Edwards and City Attorney Alvarez replied now they're performing the role of financial advisor at no charge to the City. Mrs. Woodard asked how they were selected and City Attorney Alvarez replied they were recommended by an attorney who specializes in this field. He added now they're having engineers define the projects and once they're defined and Council makes a decision of what projects, if any, will be undertaken, it's a matter of putting price tags on the projects and determining whether there will be a bond issue or special assessment or whatever method is followed. He stated there was no written agreement with A. G. Edwards. -2- Council Regular Meeting Minutes March 7, 1988 r r o o MISCELLANEOUS (Continued)- Phyllis Woodard (Continued) - City Attorney Alvarez suggested she review the minutes regarding A. G. Edwards. Mrs. Woodard asked if anything's been done and City Attorney Alvarez replied they've had a series of workshops conducted at 6 P.M. with consulting engineers who were hired per the Competitive Negoti- ations per State Statutes to define the projects and the next step is for Council to act. He added that A. G. Edwards, at their own risk and not binding to the City, was to determine which items should be undertaken and they've made some recommendations of changes to the City's Code and they'll come before Council later. He noted that an 11 million dollar project was approved at 2 in the afternoon and because of that, they made changes to put a stop to an apparent runaway process. Mrs. Woodard stated she's for the C.I.P. but she wants it step by step when they're dealing with millions of dollars. City Attorney Alvarez suggested she be at the meeting to provide her input to Council, especially when Council makes a decision. Mayor Baugh stated that the meetings will be in the evenings and have been so that people can be there. Mrs. Woodard referred to Resolution 86-R-12 and put Council on notice to exercise the six-month review clause for the newly elected Council as she feels the new Council should have the right to their own attorney, whether it be City Attorney Alvarez or not. She again asked for an apology. Mayor Baugh said they have some of the finest employees of any city in the state and they're dedicated and he wants to see that those type of people continue to work for the City. He referred to a recent radio show and said he's happy with the people who work for the City. Frank Roe, 2732 Juniper Drive, read an excerpt from the Sunshine Laws. He statedCouncilmanMitchum introduced a motion to suspend the City Administrator with full pay and this is costing the taxpayers $700 more per week for the past four weeks, and he instructed the City Attorney to further investigate Mrs. Martinez. He asked what Councilman Mitchum based his conclusions on, besides his apparent dislike of Mrs. Martinez. Councilman Mitchum replied that his like or dislike of Mrs. Martinez is not the issue and his motion was made on his opinion as a Councilman that there were some things wrong in City Hall. Mr. Roe asked what things he's referring to. Councilman Mitchum replied in his opinion there were some things that were wrong with the administration of this City and he asked City Attorney Alvarez to investigate it, who has since informed Council he can't investigate, as far as ethics go, and since they're in the process of interviewing for an interim City Manager, he'll extend his motion that the new interim Manager conduct the investigation. There was further discussion between Mr. Roe and Councilman Mitchum regarding the reason for his motion. Mayor Baugh stated that he didn't think it would be best for the City to answer this at this time and in time he'll have to make those statements. Mr. Roe again asked what the motion was based on and said he has a right to an answer. Mayor Baugh requested the City Attorney's input. City Attorney Alvarez stated the issues that are pending are going to be very clearly articulated and presented in a public forum and he doesn't think now is the time to do it. Councilman Mitchum stated that as soon as the interim City Manager is in place, they'll instruct him to do the investigation and come to a conclusion as soon as possible. Mr. Roe stated there's no rush for a City Manager and everything is rushed and no one seems to care about the money that's spent and the taxpayers aren't going to put up with it. Councilman Mitchum said he cares very much about the money' that's spent and the money that's been wasted in the past but it's not fair for him or Mr. Roe or Mrs. Martinez to elaborate on these things. Mr. Roe stated they already spent $2,000 to rush the election by four weeks and he asks questions and doesn't get answers. He asked the City Attorney why he can't get answers. City Attorney Alvarez replied that rights of individuals are involved and he's sure the questions have to be answered but not here and now. He asked if they should discuss it and bring out items that are not before Council and it's not a proper mechanism because there's no protection afforded anyone. -3- Council Regular Meeting Minutes March 7, 1988 , I o Q MISCELLANEOUS (Continued) Frank Roe (Continued) - Mr. Roe stated that when the motion was intro- duced, he raised his hand and was not recognized and he asked why not. He asked if he should have the right to bring something up. He again stated he was refused recognition. City Attorney Alvarez agreed he should have been recognized but he's not in charge of recognizing citizens and doesn't recall if he raised his hand. He asked if he's suffered any detriment by not being heard and Mr. Roe replied yes because he couldn't be heard, and he asked if the public has the right to be heard on motions passed by the Council that will affect the citizens. City Attorney Alvarez asked who denied him the right and Mr. Roe replied he wasn't recognized. City Attorney Alvarez asked if he wasn't recognized because he wasn't seen. Mr. Roe said he'll have the minutes reviewed and it happened on more than one occasion, and again asked if the public is entitled to express their views on any motion before Council. City Attorney Alvarez referred to numerous previous occasions over the last six years that he's spoken to Council, and said he's never seen one meeting of this Councilor the prior three Councils that a citizen has been denied the right to speak on any question. He added that no citizen has the right to disturb a meeting or jump up in the middle of Council deliberations and interject themself, and under Robert's Rules of Order, Mayor Baugh will recognize an individual who comes forward and expresses a point. Mr. Roe then questioned why the Public Works Superintendent was hired and given nine months to move to the City and he lives in New Smyrna Beach. He added that the motion says one thing and they make it another. City Attorney Alvarez asked that he explain what the motion says and Mr. Roe replied the voters wanted the Department Heads to move to Edgewater. City Attorney Alvarez stated the amendment did not address any specific time frame, so it's a matter of negotiation with Council of a reasonable and fair amount of time. He pointed out the hiring of the personnel isn't restricted to within the City limits and to do that would disqualify a lot of good applicants. Mayor Baugh explained that he becomes a permanent employee after six months and is on pro- bation during those first six months and can be terminated at any time, and then once he becomes a permanent employee, he has 90 days to move. Mr. Roe said it didn't say that. Mayor Baugh replied that was the precedent set by Council. Mr. Roe asked if he's a permanent employee of the City and City Attorney Alvarez explained the probationary period, and asked if it's fair to an individual to move into the City even though they can be terminated for any reason. Mr. Roe agreed with the City Attorney and said he thought it was nine months. Mr. Roe asked if someone from Deland takes a job with the City, does he have the same time as someone from New Smyrna Beach. Mayor Baugh replied it's the same thing. Mr. Roe stated it will take him longer to move from Deland than from New Smyrna Beach. Freeman Newell, 2450 S. Ridgewood, asked about the road at the ballfield. Mayor Baugh replied there's a letter going to the School Board and it's listed under Unfinished Business, and he needs Council's approval with the way he wants to move the road. Mrs. Inman, Florida Shores, said on October 5, 1987, Councilman Mitchum commented on a rumor about his firing Connie Martinez and at the February 10th meeting, he made the motion to suspend her with pay and investigate. She said it's up to Council to solve the problem and pay for it out of their own pockets instead of taxpayers' money. Mrs. Inman asked Mayor Baugh if he'd mentioned to her that Connie Martinez and Jose' Alvarez had him fired and they'd be fired. Mayor Baugh replied that he didn't say they'd be fired. Mrs. Inman stated that other respectable ladies in the community heard that, and right after he was elected in the 1984 primary she went to his house at the request of his wife and listened to what he said about Connie Martinez and Jose' Alvarez being the main ones who caused him to be fired for no just cause. Mayor Baugh said he doesn't remember those words. Mrs. Inman said she told him that Connie did her job and was told by Council what to do. Mrs. Inman asked City Attorney Alvarez if it was discussed in one meeting about his remaining in his job or not. City Attorney Alvarez replied it was discussed and cleared. Mrs. Inman said they're treading on thin ice when they suspended Connie Martinez and they should rethin~ the consequences. -4- Council Regular Meeting Minutes March 7, 1988 o o MISCELLANEOUS (Continued) Frank Opal, Florida Shores, referred to the recent meeting when only three men were present and people complained there should have been a meeting. He stated that the Mayor couldn't relinquish his gavel to the Vice Mayor per Robert's Rules of Order since the Vice Mayor wasn't present. He said whether one person voted for or against it doesn't matter because he couldn't second the motion. Mr. Opal stated he agrees with City Attorney Alvarez about not conducting an investigation on Connie Martinez and they can contact the Ethics Commission. He said it doesn't bother him about Connie Martinez but she's getting $536 a week for doing nothing and it's time they acted, and all five are here and anyone can make a motion and get rid of her and if the vote is 3 to 2, she's out. He referred to intimidating and terrorizing and the commotion after the last meeting and the man filed charges and both men involved have heart trouble. He stated the Councilman should regret everything he's done and resign as Councilman of zone one. Mayor Baugh asked that he not point fingers. Mr. Opal stated people can bring up charges of misfeasance, malfeasance and non- feasance and you just have to take them to court and sue them. Mr. Opal stated he went to the State Attorney's office regarding a statement he never made and it was proven, but he found out since then who the policeman was and the other one who took him home. Mr. Opal stated the votes have been 3 to 2 as long as he's been here and this coming October will be a big joke. He added the City could get rid of 9 people and it would run like a charm. Mr. Opal said he heard Councilman Mitchum gave papers to City Attorney Alvarez and made a mistake as that caused all the commotion. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater requested that Ordinance 88-0-10 be placed on the agenda for the Wednesday, March 9th, meeting as an emergency ordinance. Mayor Baugh asked if that's the one for City Manager and Councilman Prater replied yes. Mayor Baugh asked if any Council member had a problem with that and there were no comments from Council. Councilman Prater stated there are so many mixed up items in the press and he asked if they should appoint a public information officer and any City news other than the minutes would have to go through that one person. Mayor Baugh said he doesn't know if that's necessary and the press comes in now and gets anything they want. Councilman Prater pointed out that if it goes through just one person when it goes to the press, they'd know who put it in. Mayor Baugh said there's a news release office in the Police Department but he doesn't think they could do that in City Hall because of the public records law. City Attorney Alvarez explained he's referring to someone in City Hall whose job is to serve as a contact liaison with the press. Mayor Baugh stated that Susan Wadsworth is that person now and that's been in effect for a long time and they go to her with the request. Mayor Baugh stated he went to a conference in Tallahassee in February but there was some confusion about travel and per diem reimbursement and he thinks it should be cleared up. He asked if they want to go with the State per diem and travel which is $21 a day or go for what it actually costs a person. He said this would apply to Department Heads also. He pointed out it's usually more than the $21, and his entire cost was $18 more than anticipated. He said he wanted to know for future conferences what the City's intent is or they can bring it up each time someone requests it. There were no comments from Council and Mayor Baugh stated that if someone goes to a seminar, the motion will specify as to what expenses will be paid. -5- Council Regular Meeting Minutes March 7, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Mayor Baugh stated he got a call from Mrs. Roetemeyer who wants to start an Edgewater Jaycees. He read the memo received March 3, 1988. He said their first request is to have an Easter egg hunt at the park on Riverside Drive and perhaps an Easter dinner for the under- privileged. He said they're trying to get a chapter set up and want to know if Council has a problem with that. Councilman Asting stated he has no problem and he supports it. Councilman Mitchum stated he has no problem with it. Mayor Baugh stated they're requesting people to join and Susan Wadsworth will have the letter in City Hall. He requested a motion to allow them to have the Easter egg hunt if they get the chapter started. Councilman Asting so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated there's a letter regarding the Comprehensive Land Use Plan. Mr. Harold Nantz, Engineer with Dyer, Riddle, Mills & Precourt, Inc., stated before the planning agency went by the wayside they were asked to provide three elements and they looked at the traffic circulation element, the conservation element, and at assisting in preparing the Parks and Recreation element. He said they're trying to find people available to the City to help prepare it and to give several different view points. He added they'll help the City do the elements but it may be advantageous to look for consultants in this area or private persons who can do it. He said if Council wants them to find the people or to do it, they'll do it, or leave it up to the City to find those people. Councilman Asting asked if this will be at no charge and Mr. Nantz replied no and he mentioned it in the letter. City Attorney Alvarez stated he's not prepared for this tonight and they're adopting the Land Development and Regulatory ordinance. Mr. Nantz stated the land use was to be presented March 31st but Miss Kinney asked for an extension. City Attorney Alvarez suggested the entire subject of the Comprehensive Plan should be a subject of a special meeting of Council with advisors and necessary technical people. Mr. Nantz stated that the local agency could review it and they will assist. Mayor Baugh agreed they'd give it to them. City Attorney'Alvarez clarified that the engineers have been working as advisors to the Local Planning Agency and he doesn't see that changing even though there will be a new agency in place. Mayor Baugh said he doesn't either. Mayor Baugh asked Mr. Gerry Hartman for a review of his work order request. Mr. Hartman, Vice President, Dyer, Riddle, Mills & Precourt, Inc., said they were authorized to define and design the capital improvement projects, and the first work order was for the water distribution system master plan, the second was Florida Shores exploratory soil borings, the third is for the construction grant funds and the planning phase with the 201 Plan. He briefly reviewed those three projects. He stated the fourth project is to initiate the Florida Shores wastewater collection and transmission system design and it's to provide for the complete Florida Shores wastewater needs and to provide for additional sanitary facilities. He added that the fifth is with an upset limit and could be done by the City Engineer and it's a stormwater master plan, and it won't be done by their firm. Councilman Mitchum asked if they want a work order on these and Mr. Hartman replied 1, 2, and 3 are work order confirmations because they were authorized previously and they estimated the cost previously but didn't receive a formal work order. Councilman Mitchum asked if they were already billed and Mr. Hartman replied yes and they were authorized to define and design facilities associated with this program, but items 4 and 5 have not begun. Councilman Mitchum stated it's $426,000 and asked if they wanted a work order at this meeting. Mr. Hartman explained he's not asking for a work order for 4 and 5 at this meeting. Mayor Baugh suggested it should be a separate meeting. Mr. Hartman stated they did a lot of investigation on the facilities to cost estimate them and the first three items is what he's requesting action on at this meeting and item 4 is one they'd like to discuss with Council as there are various alternatives available. He reviewed how they'd be done on the computer with overlays and then reuse the design. -6- Council Regular Meeting Minutes March"', 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued)- Councilman Mitchum pointed out that items 1 through 3 are almost $63,000 and they were already billed $9,000, and asked if it could be on one meeting. Mr. Hartman replied that he's asking for approval at this meeting for the first three items and they can have a special meeting for the next two items. He added they're available at Council's pleasure and they aren't trying to force anything. Councilman Mitchum pointed out that this is listed under City Council reports. City Attorney Alvarez noted that they had this package but it wasn't listed to take action at this meeting and he'd like to meet with Mr. Hartman to go over the work orders and some of the language on the agreement and come back to Council with a special meeting. Mr. Hartman suggested it could be at the next workshop meeting. City Attorney Alvarez pointed out this is an ongoing project and it won't hold anyone up. Mayor Baugh stated they'll set this up for the next regular Council meeting. at 6:00. City Attorney Reports - City Attorney Alvarez stated they have a request for annexation and rezoning of property for Constable and Mary Hansen is an attorney representing the owner. He said they need Council authorization for proceeding with the State mandated amendment to the future Land Use Plan in order to perpetuate the rezoning recommended by Planning and Zoning. He noted that they can only amend twice a year. He added that because of the aprpoval process, especially in Volusia County with the Growth Management Commission because of the County Charter referendum amendment, it's best they have the proceeding early in the year and again in the summer to complete it before the end of the calendar year. Mary Hansen, representing Jeanne Constable and Harris, owners of the property on the northwest corner of U.S.l and Roberts Road, said Planning and Zoning recommended it be rezoned to B-5 and asked for direction from Council to get this matter on the newly formed Land Development and Regulatory Agency agenda and catch up with the annexation and rezoning coming before Council on the 21st. City Attorney Alvarez stated they need a motion to approve to proceed with the necessary amendment to the Comprehensive Plan. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Reports - Acting City Clerk Susan Wadsworth had no report for this meeting. Police Chief's request re: relocating Police Department into old Library - Acting City Clerk Wadsworth read the February 25, 1988, memo from Chief Schumaker. Councilman Mitchum moved they grant the request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Building Official/Code Enforcement Officer's request re: educational funding - Acting City Clerk Wadsworth read the February 29, 1988 memo from Dennis Fischer. Mayor Baugh stated this is a fire inspector who works for the City part time and the course is to be held in Orlando. Councilman Prater moved to TABLE this item. Councilman Mitchum seconded the motion. Mayor Baugh asked how long they should table it and Councilman Prater replied they should get something on it by the next meeting for the 21st. Councilman Mitchum expressed no objection. Motion CARRIED 5-0. Utilities Superintendent's recommendation re: bids for jack and bore - Mayor Baugh stated that the one company didn't have a bid in compliance with the bid drawings and it was the lowest bid at $8,500. He said the highest bid is $15,425 and he's requesting to go with it as they do meet all the specifications. Mr. Terry Wadsworth, Utilities Superintendent, from the audience, agreed. Councilman Asting moved they grant the bid to Central Florida Underground, Inc. Councilman Prater seconded the motion. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes March 7, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Finance Officer re: local option gas tax renewal - Acting City Clerk Wadsworth read the February 26, 1988, memo from Finance Officer Karen Rickelman. Mayor Baugh stated he'd talked with Ms. Rickelman about this and they'll be getting the same thing as last year. Ms. Rickelman, from the audience, said yes, if they go with the same distribution factor as last year. Mayor Baugh asked if her recommendation is to go ahead and find out what they'll get and Ms. Rickelman replied yes, and the City will get an agreement from the County. Mayor Baugh stated the recommendation is to go ahead and do it and then find out later what they're going to get. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mary Rice, Library Board Chairman re: expenses for Library Day in Tallahassee April 14, 1988 - Mayor Baugh read the February 25, 1988 memo from Mrs. Rice. He suggested they have Mrs. Rice go and pay the $65.00. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Screening Committee's recommendation re: informational concept - Acting City Clerk Wadsworth read the February 24, 1988, memo from the Chairman of the Screening Committee which detailed the objectives of the committee. He stated this is for information. Screening Committee's recommendation - Seven candidates for appointment to Land Development and Regulatory Agency - Acting City Clerk Wadsworth read the March 2, 1988, memo from Chairman Thomas L. Sheridan, regarding the voting on the decision to submit seven names rather than ten. She then read the March 3, 1988, memo from Mr. Sheridan which recommended Louise Martin, Nancy Blazi, Bill Klein, Robert Garthwaite, Sadie Glover, Gigi Bennington, and Ray Vath for appointment. Mayor Baugh asked Mr. Sheridan if there were more than seven that he could have recommended and Mr. Sheridan replied they screened ten applicants from a number of fifteen, and then took a vote of how many and decided to send seven applicants to Council. Councilman Mitchum asked if they'd discussed at the original meeting to send ten applicants to Council to decide and Mr. Sheridan replied yes, it was discussed but not agreed upon. Mr. Sheridan stated that the five members on this committee felt that because they were selected by individual Councilmen, the Council showed trust in them and their ability to pick viable, responsible people for this agency. Mayor Baugh stated he has no problems with it and he thinks they did a good job. Councilman Mitchum stated he thinks they did a lot of hard work and he took note of Mr. Sheridan's no vote. Mr. Sheridan said he was overruled on the vote for seven instead of ten. William Parker stated he'd applied for this position and wondered what the qual i- ficatons are and why he was refused with 12 years experience in the building industry. He said he'd heard there's a conflict of interest. Mayor Baugh stated he didn't think there would be a conflict of interest as they had builders and contractors on the board previously. Mr. Sheridan asked where he got the information that the committee considered it a conflict of interest and Mr. Parker replied he heard it. Mayor Baugh stated the committee chose from the ones they felt best suited the City. Mr. Parker further pursued the reason for not being selected Councilman Mitchum asked how many applications were received and Mr. Sheridan replied 17 applications were received but they had to disregard two because they weren't residents of the City at the time and they screened 15 and inter- viewed 10 and then 7 were selected. Mr. Sheridan stated that he's not going to defend their work that was done on this committee. Mayor Baugh said he knows they worked hard and they won't be interrogated. Councilman Mitchum said they appointed this committee and he'd think it's in line to go along with their recommendation. He asked if the people should be voted on one by one. Mayor Baugh pointed out the recommendation is for all seven. After a brief discussion about the voting, City Attorney Alvarez explained it's at Council's pleasure and they received seven names and they can appoint all seven or one at a time. Councilman Prater moved they vote on them one at at time. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilmen Asting and Rotundo voted NO. -8- Council Regular Meeting Minutes March 7, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Screening Committee's recommendations - seven candidates for appointment to Land Development and Regulatory Agency (Continued) - There was a roll call on each name submitted. The votes were as follows: Louise Martin 3-2 with Councilmen Asting and Rotundo voting NO; Nancy Blazi 3-2 with Councilmen Asting and Rotundo voting NO; Bill Klein 3-2 with Councilmen Asting and Rotundo voting NO; Robert Garthwaite 3-2 with Councilmen Asting and Rotundo voting NO; Sadie Glover 3-2 with Councilmen Asting and Rotundo voting NO; Gigi Bennington 0-5 with all Council members voting NO; and Ray Vath 1-4 with Councilmen Prater, Asting, Mitchum and Rotundo voting NO. Mayor Baugh stated they have selected five and he suggested the screening committee bring back two additional names and perhaps an alternate. Mr. Sheridan asked where they will get these applicants and Mayor Baugh replied from the applications. Mr. Sheridan stated they're turning down two qualified people and will put in some less qualified. Mayor Baugh pointed out that's Council's wishes. Councilman Mitchum questioned if they could appoint five and take more applications. Mayor Baugh replied they take applications con- tinually and the committee can look them over and get a recommendation back to Council as soon as possible. Building Trades Regulatory and Appeals Board's recommendations - to adopt ordinance requiring signage on all company vehicles of subcontractors, including roofers, dry wallers, painters, etc. - Acting City Clerk Wadsworth read the February 26, 1988, memo from the Board. Mayor Baugh noted that pre- viouslytheyasked, for contractors and this is for subcontractors. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Building Trades Regulatory and Appeals Board's recommendation - to hire full time certified inspector in trades area or someone working toward certification - Acting City Clerk Wadsworth read the February 26, 1988, memo from the Board. Mayor Baugh pointed out there was nothing budgeted for an inspector. Councilman Mitchum requested the Building Official's comments. Dennis Fischer, Building Official/Code Enforcement Officer, stated this was unanimous at the last meeting to add to the Building Department personnel someone certified in trades, such as electrical, mechanical, heating, and air conditioning and it could be added when the budget could be amended or next year when they could put the money in the budget. Mayor Baugh asked if he's certified and Mr. Fischer replied not as an electrician, and they need someone in the master trades or someone working towards it. Mr. Fischer pointed out they'll be experiencing shopping centers and banks and will need someone to cover each individual trade. Councilman Mitchum stated this isn't in the budget and Mr. Fischer agreed. Councilman Mitchum asked if they could hold off on it and Mr. Fischer replied yes as he has a part time individual who helps in the fire field and his position is budgeted for full time and doesn't use benefits so there's money left and perhaps in the summer or fall they could look at it. Mayor Baugh suggested they put it with budget hearings to be brought up by the Building Official at that time with the recommendation of the Building Trades Regulatory and Appeals Board. There was no objection from Council. COMMUNICATIONS Les Ogram, Perry Barrett, John Wilbur, and Allan Dyer re: allowing unmanned car washes as special exceptions in B-2 neighborhood business district - Les Ogram spoke for the individuals and said he has another letter from Perry Barrett discussing this. He said they're adjacent property owners of the parcel to be rezoned and they don't feel it's in the best interest of the area and would appreciate anything Council can do. Mel Wargo, from the audience, asked the location and Mayor Baugh replied it's Indian River Boulevard at Guava on the southeast corner. Councilman Asting asked who wants to put up the car wash and Mr. Ogram replied he doesn't know. Frank Roe, from the audience, asked if it's next to the railroad tracks and Mayor Baugh replied yes. Mr. Roe pointed out that would be dangerous. -9- Council Regular Meeting Minutes March 7, 1988 , ' o o COMMUNICATIONS (Continued) - East Volusia Mosquito Control District's request for authorization to make low level spray flights under 500 foot - Mayor Baugh stated this letter is received each year requesting the City allow them to spray with the heli- copter in the City. Councilman Prater moved they grant him the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Michael Hilldale's request to cross 6' planting strip on Alamanda Drive and request for City water - Acting City Clerk Wadsworth read the February 26, 1988, letter from Mr. Hilldale. Mayor Baugh stated he talked with the City Attorney about this and he recommended it go to the new board. City Attorney Alvarez explained that the procedure had been to send the first part of the request to Planning and Zoning and now the Land Development and Regulatory Board. He said the second request should go to the Utilities Department. Michael Hilldale, 213 Lone Pine Drive, stated he was told to follow this pro- cedure to get his easement. City Attorney Alvarez stated the last time they had this discussion was about airplanes and hangers. He suggested the appli- cation be made to the new Board to review a site plan and recommend to Council and enter into the standard agreement. He said he didn't know if Mr. Wadsworth is aware of it and Mr. Wadsworth, from the audience, said he is not. Mr. Hilldale pointed out they just did it for Larry Carson for the property north of his. Mayor Baugh suggested he make his request to the new board and a second request to Mr. Wadsworth and they'll make recommendations to Council. Florida League of Cities and Channel 24 re: broadcasting of "The Invisible City" - Mayor Baugh announced that "The Invisible City" will be shown on Channel 24 on Sunday, March 13, 1988, at 1 P.M. and again on Sunday, March 27, 1988, at 2:30 P.M. He said it's a 30-minute presentation to inform citizens of services cities provide, and they're urging people to watch it. City of Ormond Beach - request for support of legislation to dissolve Ponce De Leon Port Authority and collected funds to be returned to taxpayers and local governments in the district - Acting City Clerk Wadsworth read the February 5, 1988, letter from City Manager Bernard J. Murphy, Jr. Mayor Baugh suggested they TABLE this and allow the City Attorney to call Mr. Fortunato to get more information on this from him and the City Attorney there. Councilman Mitchum so moved. Councilman Prater seconded the motion. Mayor Baugh asked that he bring it back to the next meeting. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 88-0-9 Amending Sect. 606.0l(d), B-2 neighborhood business district, to allow unmanned car washes as special exceptions - City Attorney Alvarez read this 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 NEIGHBOR- HOOD 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; CON- TAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading only. Councilman Prater moved to TABLE this for further study. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-ll Repealing Res. 84-R-60 - City Attorney Alvarez read this Reso- lution. RES. 88-R 11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, REPEALING RESOLUTION 84-R-60 IN ITS ENTIRETY WHICH DESIGNATED CORNELIA A. KINSEY AS FINANCE AND ADMINISTRATION DIRECTOR FOR THE CITY OF EDGE- WATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to TABLE this until the regular meeting of March 21. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 88-R-12 Repealing Res. 87-R-16 - Mayor Baugh asked if they want to TABLE this also. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. -10- Council Regular Meeting Minutes March 7, 1988 o Q ORDINANCES AND RESOLUTIONS (Continued) - Res. 88-R-14 Expressing concern and opposition to elimination of entrance fees at Canaveral National Seashore - City Attorney Alvarez read this Resolution. RES. 88-R-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS CONCERN AND OPPOSITION TO THE ELIMINATION OF ENTRANCE FEES AT THE CANAVERAL NATIONAL SEASHORE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-14. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-15 Adopting By-Laws of Industrial Development Board - City Attorney Alvarez read this Resolution. RES. 88-R-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, FORMALLY ADOPTING THE BY-LAWS OF THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-15. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 88-R-16 Naming "Whistle Stop Park" - City Attorney Alvarez read this Reso- lution. RES. 88-R-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, NAMING THE PARK ON ROBERTS ROAD "WHISTLE STOP PARK"; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum moved they adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-17 Appointing members to Land Development and Regulatory Agency - City Attorney Alvarez pointed out they have to fill in the blanks and there's a question of who gets what terms of appointment. Mayor Baugh suggested they draw names for the terms and he had Secretary Sue Koser draw one slip at a time and they read in the names with the first and second picked given the 3-year terms and the other three were given 2-year terms. City Attorney Alvarez read the Resolution, including the terms of office. RES. 88-R-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MEMBERS TO THE LAND DEVELOPMENT AND REGULATORY AGENCY; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Sadie Glover and Nancy Blazi were appointed for three year terms and Billy Klein, Robert Garthwaite, and Louise Martin were appointed for two year terms. Councilman Prater moved they adopt Resolution 88-R-17. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilmen Asting and Rotundo voted NO. UNFINISHED BUSINESS Recreation Director/Buildings & Grounds Maintenance Superintendent's recommen- dation re: road across the ballfield - Acting City Clerk Wadsworth read the March 2, 1988, memo from Mr. David Garrett recommending that the City furnish the labor and the School Board supply materials for relocating the road per the letter and drawings submitted by City Engineer Gerard Ferrara and to use the alternate A in the proposal. Councilman Rotundo so moved. Councilman Asting seconded the motion. Nancy Blazi, from the audience, asked where the new road will be and Mayor Baugh replied to the south end, and they're submitting it to the School Board after several meetings with the principal and the doctor in charge of this. Tom Sheridan asked how much this will cost the City for the error in judgement. Mayor Baugh replied they have the crews to do it and they'll supply the materials. Mr. Sheridan again asked the cost and Mayor Baugh replied about $6,000. Mr. Sheridan stated he read an article in the newspaper of a City employee outlining the money being wasted by this Council and there was a list and he found a lot of these things were valid expenditures, but this was an error in judgement going down the drain and nothing was in the paper about this. He said if City employees are going to continue on this path, Council should check the employee's loyalty to the City or an individual. -11- Council Regular Meeting Minutes March 7, 1988 .. . Q C,) ^. ,.. UNFINISHED BUSINESS (Continued) Recreation Director/Buildings & Grounds Maintenance Superintendent's recommen- dation re: road across the ballfield (Continued) - Freeman Newell, 2450 S. Ridgewood, stated he's heard this for six months and they just put more shell on the road today. He said the City will have to pay for the road because a City employee okayed it. Mayor Baugh stated the situation occurred and they're trying to correct it. Mr. Newell said a lot of children don't have a field to play on and a child will get hurt there some day. Mayor Baugh noted this was requested by telephone. There was further discussion between Mayor Baugh and Mr. Newell regarding the meetings and the length of time taken. Councilman Mitchum suggested they go ahead with the letter and he called for the vote. Mr. Newell suggested they wait another six months so baseball season will be over, and he said some day this will cost the citizens about $50,000. Motion CARRIED 5-0. Coastal Florida Police Benevolent Association re: reopening entire contract for 1988-89 (Tabled on February 1, 1988) - Mayor Baugh asked Councilman Rotundo if he wants to bring this off the table and Councilman Rotundo replied yes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Acting City Clerk Wadsworth read the February 23, 1988, memo from Secretary Sue Koser. After discussion about exactly when the executive sessions were held when this subject was discussed, City Attorney Alvarez suggested that all the tapes be reviewed by Mrs. Koser. Mayor Baugh agreed. Councilmen Rotundo and Prater agreed to remove their motion to take it off the table. NEW BUSINESS Frank Roe, 2732 Juniper Drive, asked what the Mayor is going to do about the $700 a week he's paying for the City Administrator's position. He said they've had four weeks to look into it and now Councilman Mitchum stated they'll leave it to the City Manager. He added that he knows they're not doing that as it's ridiculous. He said they may have a suit on their hands and they're throwing $700 a week away and they need to do something. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:54 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ,~~ CITY CLE (Acting) AP~ed his..? L day of ~~ ,198r- MAYO/!67) pr I/~ I %--d (j ~ '!...{.f) fY~. -12- Council Regular Meeting Minutes March 7, 1988