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01-04-1988 - Regular o 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 4, 1988 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:02 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 City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Excused Lt. William Britain was present in the absence of Chief Schumaker. INVOCATION, SALUTE TO THE FLAG Reverend Ken Zimmerman, Edgewater United Methodist Church, delivered the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Workshop of December 21, 1987 - Councilman Prater moved to approve the minutes of December 21, 1987. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence from that meeting. Regular Meeting of December 21, 1987 - Councilman Rotundo moved they adopt these 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. MISCELLANEOUS Bill Klein, 2910 Needle Palm, stated he was appalled at the Public Hearing they'd just held as only one side of the discussion and problem was brought out. He asked the Mayor and Council if they personally investigated the reason this lady was fired and have a list in their possession of the reasons in written form. Mayor Baugh replied he's seen the reasons but doesn't have a copy with him. Councilman Prater stated he has not. Replies from Councilmen Rotundo and Mitchum were not audible, and Councilman Asting said he hadn't seen them. Mr. Klein stated that it's interesting that Councilmen Rotundo and Asting hadn't seen them. Mr. Klein asked if the reasons could be made public as there has to be more than three little sentences. He said the Mayor and Council should get together and become a unit of one instead of some being little dictators and get behind the Mayor and run this thing right. Mr. Klein asked Mayor Baugh to call a special meeting two days from now as they have such a situation in this City at this time, that if what Lynne Plaksett says is true, then certainly Council should be concerned enough to call a meeting with the Water Department Head here and get some answers. Mr. Klein stated they have an election coming up on February 2nd and he asked questions and never received anything from Mrs. Martinez. Mr. Klein asked Council about the Building Official's issuing foundation permits in the City a number of months ago and he and the Planning and Zoning Board personally wanted to refer it to Council and Mrs. Martinez persuaded the Board that she would look into the situation and investigate it and convey to Council the findings of that investigation. He asked Mayor Baugh if he ever received such notice and Mayor Baugh replied he spoke to her about it but didn't receive it. He asked Councilman Rotundo if he'd spoken to her and Councilman Rotundo's reply was not audible. He asked Councilman Prater if he'd spoken with her and Councilman Prater replied no. He asked Councilman Asting and Councilman Asting replied yes, he'd spoken to her. He asked Councilman Mitchum and Councilman Mitchum's reply was not audible. Mr. Klein stated it's interesting that the Building Official issues a foundation permit for a site plan that has expired. He stated Mrs. Martinez is supposed to be running this City and let them know the results of that, and the City Attorney and Planning and Zoning Board both said it was an illegal act. He asked why something hasn't been done about it if it was an illegal act. o o MISCELLANEOUS (Continued) - Bill Klein (Continued) - Mr. Klein stated they're aware that Dennis Fischer is approving garages where there are airplanes being hangered. He said they questioned the Building Official at the last Planning and Zoning Board meeting and his comments were that there's nothing in the book that he can or cannot and no ordinance so he can do what he wants to do. He noted they moved the buffer zone but failed to put it in the back a little further and planes taxi in and out. Mr. Klein stated he read the article from Mrs. Martinez's stepfather about the $4,000 for the election and it will cost $2,000 any way and the other $2,000 will more than be saved in this City. Mr. Klein asked that Council get this City running not as a small town but as a big City that's growing, and they should get together and do something and not prolong it. Alice Murphy, 230 N. Riverside Dr., spoke regarding a fire about 10 years ago at Coronado Paint when almost the entire plant was destroyed. She said it was suggested that Patrick Air Force Base be called to contain the fire but this wasn't done, and the remains of the damaged paint were buried at the former City dump. She said this was done when a City Councilman gave the paint company the key to dump and on a Saturday they buried it and there was a piece of equipment there to cover it up. She said an environmental man was called and he said he didn't see anything going on. She stated she doesn't know if anything harmful is in this debris but no City official has checked this. She suggested this should be checked out. Norman Billups, 1860 Pine Tree, referred to the list of questions he submitted to Council that was published in the newspaper about who was in charge of the paving program and monies collected from people who were assessed. He said he also addressed questions to Councilman Asting and hasn't received one answer from Councilman Asting or the City Attorney. He said he'd like some answers and he knows the people would also. Harold Hardester, 817 Egret Court, asked when this paint disposal occurred and Mayor Baugh replied the fire was in 1977. Mr. Hardester asked if it was at the City dump on Air Park Road and Mayor Baugh replied that's where the City dump was. Mr. Hardester asked Mrs. Murphy if that was the parcel and Mrs. Murphy replied yes, and she personally saw truckload after truckload and they were covering it. Mr. Hardester noted that he'd looked at a parcel in that area fora possible site for light industry but he doesn't think it would be possible after hearing this. There was a brief discussion about homes in the area and monitoring that is done. Mr. Hardester asked about other property the City owns that may have been used as a dump site and Mayor Baugh replied not that he knows of. Mr. Hardester asked about the 5 acres on Park Avenue and Mayor Baugh explained the Rotary is going to develop a park there. There was discussion about the property near the new community college, and Mayor Baugh pointed out the City does not own it. Mr. Hardester asked if Council can meet with Belmont Homes and get the subdivision developer to act in accordance to City Codes. Mayor Baugh replied he doesn't know why not. Mr. Hardester spoke in detail about the lack of conformity to Codes on the construction in that development. Freeman Newell, 2450 S. Ridgewood, asked if Pelican Cove West is going to build the same type of shopping center as Downtown Plaza and not have enough square footage. Mayor Baugh explained the Council put a stop on it at the last meeting and no permits were to be issued until they resolve a problem with the road. Mr. Newell stated they didn't have enough room before and had to put bathrooms in little huts outside. Mayor Baugh asked who okayed it and Mr. Newell replied that he thinks it was the Building Official, and if he'd been involved, he would have had it torn down and rebuilt because the man does this all the time. Mayor Baugh stated if it's not built to Code, it's the Building Official's responsi- bility to see that it is built to Code. Mr. Newell said he thinks it was the Building Official before and not the one they have now. -2- Council Regular Meeting Minutes January 4, 1988 o o MISCELLANEOUS (Continued) - John Scherz, Egret Court, Pelican Cove West, spoke in detail about two homes in Pelican Cove West which were involved in violation of the setback regulations. He noted that nothing was done about it except the builder pushed the wall back 8 feet behind one of the houses and now it's not a straight line for the wall. He asked how this could have been done and if there was a variance or permit given. He stated they just want people to do their jobs but they're always told they want to see what the City Attorney says about it. He suggested maybe they should fire everyone since they always have to refer to the City Attorney. He stated they talked to the City Attorney on numerous occasions about Pelican Cove West and they still have violations. He pointed out that now they're advertising for Phase III. Mr. Scherz referred to prior requests for car ports and distances from the side and variances issued. He stated there were building permits dated when a slab was done but not signed, plus a permit was posted at a duplex with a date and no signature, but the signatures of the contractors who did the jobs. Mr. Scherz then spoke about a toilet that wasn't put up at a site for several days, plus there's still no toilet for a new house being built, which is a violation. He stated the people should be doing their jobs and should be at Council meetings. He referred to purchase of a car and getting 50 to 60 miles a day. He asked if the man is driving it back and forth to his home. He said they mentioned building violations to the City Attorney, and he's getting fed up with being told they're referring things. Mr. Scherz referred to another incident when the inspector said he doesn't go around the back of the house. He suggested they look at this department and code enforcement shouldn't be under this department. He noted that Lynne Plaskett was under Dennis Fischer and asked how a person with a college degree in engineering would be under a Building Official with a high school education, or whatever. He also stated a person should have a hearing, and _not get fired right off the bat. He said he called the State's Attorney on this and they should get together and do the job they're supposed to do. Mel Wargo, 2 Pinesedge Court, stated one of his biggest complaints is signs. He said he spoke to the Building Inspector about four years ago about the ruling for signs that are out front that are lighted, and was told the sign should be properly fixed or weighted to keep it from blowing and these were neither weighted or fixed. He said he received a memo that these were trailer signs which require a 90-day permit and only two 90-day permits are allowed each year for these signs. He said a lot of cities and states don't allow these signs because of the danger, such as blowing over in a rain with the electricity. He stated that if the City doesn't have the money to payoff a lawsuit, it goes to the taxpayers, and he doesn't want to lose his home because someone is too lazy to enforce the laws of the City. He said he counted 54 signs, and when the current Mayor was Chief, and he ran for office, he was told the signs couldn't be on public property. He asked why realtors and others can put their signs on public property. He reviewed the various displays at Old County and Ridgewood along the highway. He reviewed the various businesses at the Loeffler building on Park Avenue which was built for storage. He asked why the Deputy City Clerk continues to wrtte permits for businesses in buildings that states in the Code are for storage only. He referred to a previous complaint he'd signed and then got a harrassing telephone call because they found out he'd signed the complaint. Mr. Wargo then spoke on the Massey Air Park. He said he voted it down because he didn't want a runway over the elementary school and submitted signatures of about 500 to the County Council and now there's a runway slowly opening up and the State Fire Marshall should be called on this. He said they have air- planes in the hangers and he thinks it's against fire laws. He noted they eliminated the buffer zone which was supposed to be a tree farm and not an airplane runway. Mr. Wargo asked City Clerk Martinez her salary for this last year and City Clerk Martinez replied it was $28,017 plus $2,000 annually from the insurance fund for a total of $30,017. Mr. Wargo asked if that includes overhead and City Clerk Martinez replied no and never has. Mr. Wargo stated fringe benefits are 30% and City Clerk Martinez replied 27.2%. -3- Council Regular Meeting Minutes January 4, 1988 9 (.) MISCELLANEOUS (Continued) - Don Bennington - Mr. Bennington stated that Camerons owned some Riverside Drive property and wanted to build and were told by Planning and Zoning, the City Attorney and Dennis Fischer that it was not buildable, and then Donnie Williams put it on the market and sold it as a buildable lot. He said he researched the County tax records on it, and when he talked to Lynne Plaskett, she said it was right, and now there's a same problem with another lot, and Alice Murphy has pointed out at least once illegal building permits issued on Riverside Drive. He said the answer is constantly the permit was already issued and nothing can be done now. He noted that Dennis Fischer got the 10% raise. He said Pelican Cove West won't go away and he heard this same thing last year. He stated that if Council doesn't know what vicarious liability is, they should ask the City Attorney for when the people get ready to sue them. He also stated that J. C. Carder only does what Dennis Fischer allows him to do. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Mitchum asked if any permits were issued for the shopping center. Mayor Baugh replied no, it was stopped at the last Council meeting and he spoke to the City Attorney about it and there's a letter stating it's on hold because of the letter from J. C. Carder saying they wouldn't use that road. He added that it's on hold until they hear back that he'll use some other entrance to the shopping center. Councilman Mitchum asked if they'll be notified. City Attorney Alvarez stated he should be able to discuss it at the meeting on the 13th and he'd like to see the minutes of the Planning and Zoning Board meeting to see exactly what the Board granted, because he recalls there has been constant opposition from Planning and Zoning as well as the Assistant Planner to any entrance from Falcon Avenue. He said D.O.T. recommen- dations do not contain an entrance off Falcon Avenue and the issue is whether Falcon is a collector or a regular City street. He noted that the issue goes back to 1972 when it was approved as a City street. There was discussion about whether those minutes were ready yet. Mayor Baugh again stated they're on hold and are not to pull any permit for construction until this matter is resolved. City Attorney Alvarez stated the only issue he's aware of is Falcon Avenue. Henry Scherz stated they're not trying to stop the man but want him to stay with the Codes. Jake Wheeler, Chairman of Planning and Zoning, said the plans they approved at the last meeting were if they have an entrance off U.S. 1 and make a third lane. There was discussion between Mr. Wheeler and Mayor Baugh regarding what transpired at that last meeting. Mayor Baugh asked if he'd seen the letter from J. C. Carder that did not use Falcon Avenue as an entrance or exit and Mr. Wheeler replied he did not see that letter. Mr. Wheeler stated that the State requires an entrance off Falcon Avenue. There was further discussion about the letter Mr. Hardester had submitted which was written by J. C. Carder. Mr. Hardester stated it was submitted to Planning and Zoning and to Council and was passed around. Mr. Wheeler again stated he hadn't seen the letter. Mayor Baugh asked what type building he is going to put there and Mr. Wheeler replied it's a steel building with an entrance off U.S. with a circle all the way around the building and coming out on U.S. 1. There was a discussion between Mr. Hardes'ter and Mr. Wheeler regarding the last Planning and Zoning meeting. Mr. Hardester stated they've been fighting that for about a year and they don't want it on Falcon Avenue. Mr. Hardester asked Mr. Jim Mackie, in the audience, if he'd seen the letter and Mr. Mackie replied no, and it was not entered into the minutes, and if it had been handed to the Chairman, it would have been part of the minutes. Mr. Hardester again stated they have no fault with the building he plans but just no point of ingress or egress off Falcon and that was agreed to on the letter. City Attorney Alvarez asked how Pelican Cove West residents will gain access to the shopping center and Mr. Hardester replied they can make a turn around like they do at the post office. Mr. Hardester noted the deceleration lane is already there and was put in for Pelican Cove West, and the Board approved the site plan with one entrance with four lanes, two going in and two going out, and making Falcon Avenue a 3-lane road going to U.S. 1. City Attorney Alvarez asked if the residents object to this and Mr. Hardester again stated they don't want any ingress or egress from Falcon Avenue. City Attorney Alvarez asked about if there was an additional lane and Mr. Hardester replied no, they don't want it. Mr. Hardester requested a legal interpretation and City Attorney Alvarez replied the letter is very clear there will be no entrance off Falcon and he didn't know why it went before the Board asking for it. Mr. Hardester said he didn't know how it passed Planning & Zonning when they saw the letter. -4- Council Regular Meeting Minutes January 4, 1988 w u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Mayor Baugh brought up the subject of Larry Jarkovsky, a Police Department Sergeant, and the merit ordinance. Lt. Britain asked if Sergeant Jarkovsky could be called to the meeting as he wanted to be present. Mayor Baugh had no objection and the subject was postponed until a little later. Mayor Baugh asked the Fire Department representative to speak on the bunker gear. Lt. Mike Cunningham, Vista Palm, stated that originally they requested to go with Municipal Equipment Company which was the fourth highest bid because the lowest bid did not meet spec's. He said he called 3-Alarm Fire Equipment, which was the lowest bid, and they agreed to meet spec's so he's requesting to go with the lowest bid. Mayor Baugh asked the company and Lt. Cunningham replied the 3-Alarm Fire for $5,625. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for City Attorney Alvarez's comments regarding the sprinkler system. City Attorney Alvarez asked Mr. Dominick Fazzone of the Shangri-La Homeowner's Association if he'd signed the hold harmless release several months ago when the issue came up. Mr. Fazzone replied that he didn't sign it as he didn't know the reason for signing it. City Attorney Alvarez explained the hold harmless agreement is to protect the City in case of a lawsuit as a result of the sprinkler system with someone falling or a collision being caused by cars sliding on wet pavement. He pointed out the City is self-insured. He asked if the objective is to beautify the entrance and Mr. Fazzone replied they have about $1,000 in shrubbery and it was a selling point, and he doesn't know why he turned it over to the City. Mr. Fazzone added that the Association is not under the State's supervision for non-profit and is just a social club. City Attorney Alvarez asked if the sprinkler will be installed by a commercial installer or volunteers and Mr. Fazzone replied a commercial company which has done work around Edgewater and the Association will pay for the installation. City Attorney Alvarez asked the cost and Mr. Fazzone replied about $1,700. City Attorney Alvarez stated the only item to discuss with Mr. Fazzone and the installer is how the system will be installed so the pavement won't be wet, thus creating a hazard, and if the system will be above ground or the one that pops. up with water pressure, so the exposure is minimized, and if they take pre- cautionary measures, they can defend on those measures. Mr. Fazzone asked if representatives,fromthe City and Shangri-La could meet with the contractor to discuss what's wanted as they have no problem meeting what the City wants. Mr. Fazzone noted that Pelican Cove East has the sprinkler system on City property. City Attorney Alvarez said if they can put in one that's safer it can avoid damages that will come out of their pockets if they have to pay for someone getting hurt. Mr. Fazzone again requested a meeting and Mayor Baugh replied that he'll talk to the self-insurance agent Gary Schad and he'll meet with him and the contractor about the liability of the City. Dale Washburn, 3030 Saba 1 Palm, asked what the $5,625 is for and Mayor Baugh replied it's for bunker gear for the Fire Department. Mayor Baugh then asked for the City Attorney's comments regarding Larry Jarkovsky who was put in as a temporary Sergeant, and under the merit plan, it refers to the word of "current" rate of pay. He questioned if the current rate of pay would be that made on a temporary basis or the permanent assignment as Patrolman. City Attorney Alvarez stated he discussed this with City Clerk Martinez and the question appeared to be if he receives an increase in pay from the original permanent position or an increase in pay from the temporary pay he's receiving by occupying that position on a temporary basis. He added that he understands that if he's promoted from his permanent position of Patrolman to Sergeant, he'll receive less money than if he's promoted from his temporary position to a permanent higher position of Sergeant. He agreed there's nothing in the ordinance and the only thing they have to go by is prior precedence when an officer was promoted. Mayor Baugh asked who granted it and City Clerk Martinez replied she'll have to check the record. City Attorney Alvarez stated he discussed with City Clerk Martinez that the person promoted should receive a pay increase and not a decrease in pay, and with no other guidelines to go by, he agreed with her at that time. Mayor Baugh stated he has no problem with that but wants to know what was his permanent pay rate. -5- Council Regular Meeting Minutes January 4, 1988 (.; (,.) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued re: Larry Jarkovsky/Promotion to Sergeant)- City Attorney Alvarez reviewed the figures for temporary acting shift super _ visor, regular Patrolman, and Sergeant. Mayor Baugh asked Sergeant Westfall, in the audience, what the average Sergeant makes and Sergeant Westfall replied $11.00 for ten ,or more years. Mayor Baugh asked what a newly promoted Patrolman would make and Sergeant Westfall replied $9.30 as he sees it, taking all facts into account. Lieutenant William Britain reviewed the small amounts sometimes received when going from Patrol to Sergeant and from Sergeant to Lieutenant, until they have the 6-month raise given with 4% increase. He added they go from grade 11 to 13 to the next higher step and it could be only 2C an hour. Sergeant Westfall reviewed the wording for a person holding a temporary position and receiving that rate of pay and the merit ordinance states a person will be promoted from his current rate of pay, meaning now. Mayor Baugh again asked if current is temporary payor permanent pay. Sergeant Westfall read the definition of "current" from a dictionary, as "now", "existing", "at hand", etc. He referred to the previous increase to the next higher rate for Patrolman but the Patrol Sergeants did not receive it. He added that Sergeant Jarkovsky will be willing to go to the $9.30 and this will keep him at the step behind the Sergeant ahead of him, and after six months, he'll move into the same slot as that Sergeant, but because of anniversary dates, that Sergeant will go up one step in money. He pointed out that when Sergeant Teitelbaum was made Sergeant, he wasn't dropped back to Patrolman, and they don't take the Sergeant's position and not make more money. He added that a precedence has been set, plus the contract. Mayor Baugh stated his concern is with the word "current" in the merit pay plan because it doesn't specify what "current" is, whether it is temporary or permanent, and it could be either/or. He said it will have to go to the Merit Board to clarify it for future use. Sergeant Westfall suggested that perhaps it should have been taken to the Merit Board rather than in the present way, and he can't be taken from $9.12 back to $8.94. Sergeant Westfall pointed out that Sergeant Jarkovsky will take less than 2~% after being promoted, and other people have been given 4% to 7%. He agreed some gaps need to be closed up, but not at Sergeant Jarkovsky's expense. Mayor Baugh stated the request is to increase it from $9.12 to $9.30. Councilman Mitchum moved to grant the request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked that the City Attorney or City Clerk send a letter to the Merit Board for clarification. Lt. Britain asked Council to look at any pro- motion due to the fact that a lot of times they're promoted with only a small raise. Mayor Baugh stated that if they specify "current" as permanent position instead of temporary postion, it would be from permanent to Sergeant. Lt. Britain again asked that they look at promotions. Mayor Baugh stated that at the last meeting they determined a resolution would be needed for the easement for Florida Power and Light. City Attorney Alvarez said he prefers an ordinance, but since there's nothing to be codified, perhaps they can have a resolution and advertise it at least once and have it on a public hearing basis so they can have citizen input. Mayor Baugh asked that the resolution be at the next meeting. Mayor Baugh then asked for an update on the road across the ball field. City Attorney Alvarez noted that he'd asked for drawings and costs for the road and he hadn't seen them until this meeting. Mayor Baugh and City Attorney Alvarez reviewed the drawings submitted by City Engineer Gerard Ferrara. City Attorney Alvarez suggested that now they can meet with the School Board since they have a different location proposed and the costs for labor and material for the road and perhaps they could go on a 50/50 basis or on a labor versus material approach since we have the labor and some of the equipment. He suggested Council give informal guidelines to take to the School Board. Councilman Rotundo asked if this includes Turgot and Mayor Baugh replied no, just the School property. -6- Council Regular Meeting Minutes January 4, 1988 . , o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)- City Council Reports (Continued re: road across the ball field) - Freeman Newell, 2450 S. Ridgewood, stated he saw the letter from the engineer with a quote of $16,000 for a road that he thinks was put in for $2,000, and they should do it just like the School Board did. Mayor Baugh pointed out then they'd get stuck just like they do now. Mr. Newell asked why taxpayers have to pay for it when they have the head of the Recreation Department who doesn't know any better and nothing's been done about it. He added that the mistake was uncalled for. Mayor Baugh said he agrees, and they'll try to correct the problem they have now and it's putting the road in the way they should. He added that he talked to Mike Tenney about getting a figure for paving the street from U.S. 1 to the City's property line and it's only 900 feet and the rest is the School Board's from the first curve to the school, and the City's been maintaining it. He pointed out that to put the road in the right way would cost about $16,000, according to the Engineer's figures, and they have to meet with the School Board to see what they think as they may not go along with any portion of it. Mr. Newell asked why they would since they have a signed letter from the Recreation Department Head two days after it was put in and it's up to Council to do something about that. He pointed out it's been going on for about six months, and the next time it happens it will cost $50,000 instead of $16,000. Mel Wargo, 2 Pinesedge Court, said he opposed the building there because he was told the people that left the property to the School Board stipulated it was only for educational facilities and now the School Board has a 354 million dollar budget and the City has 3 million, so why should the City pay for School Board property because they ran us way around the street to come into the school instead of looking for some other access or egress. Mayor Baugh stated this was a mistake from the beginning and it was supposed to go around the end of the field and Council is trying to correct it. City Attorney Alvarez pointed out that the Engineer breaks it down into three basic components. He reviewed some of the costs, including removal of the existing road. Mayor_Baugh -asked iL Council wants them to .meet with the School Board to see what they can do. Councilman Prater asked that they only consider Alternate "B" when they meet, but he doesn't know why they'd figure the removal of the existing road. Mayor Baugh replied that the road has to be removed. Councilman Prater stated the School Board should take care of the removal since they put it in there. Mr. Newell, from the audience, asked who figured it and Mayor Baugh replied the Engineer. Mayor Baugh explained the figure for removal of the existing road of $1,500 and paving a new road around the ball field where it should have been is $9,199. He also explained Alternate "B" with 6" base. Mr. Newell asked what had to be cleared and Mayor Baugh replied part on the one end. Mr. Newell reviewed the map. Mayor Baugh again stated they'll set up a meeting with the School Board. Councilman Mitchum stated that he agrees with Mr. Newell that this has been going on too long and wants to know what got them into this mess to start with. He said he wants to know how a Department Head gets permission to do something like this without City Council authorization. He stated he wants something by the next meeting and he moved that the City Attorney look into what brought this about, why this is costing them all this money when it should have been handled right to start with, and send out a copy of the letter, and investigate the letter and see why a Department Head can go over the City Council's head on a matter that pertains to recreation property that we lease and make a decision like this without any input from the Council. He added that Mr. Newell is right and the School Board got permission in a letter and they aren't going to do anything and we can't really expect them to do anything and we're going to end up doing it. He said they need to find out why it was done, and if there's a problem, correct it so this doesn't happen again. Councilman Prater seconded the motion and added that if they had some expertise in there to handle some of this, it probably wouldn't be coming up, and the extra money for the election will take care of it once and for all. Councilman Mitchum agreed. Motion CARRIED 4-1. Councilman Asting voted NO. -7- Council Regular Meeting Minutes January 4, 1988 (J c.; COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Councilman Mitchum requested a 5-minute recess at 8:58 P.M. Mayor Baugh called a recess at that time. Mayor Baugh called the meeting back to order at 9:09 P.M. City Attorney Reports - There was no report from the City Attorney. City Clerk Reports - There was no report from the City Clerk. Police Chief's request to purchase night vision scope - Mayor Baugh stated this is a budgeted item. Councilman Asting moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks & Recreation Department's recommendation on bids for stucco on racquet- ball courts at park on Roberts Road - City Clerk Martinez read the December 30th memo from David Garrett, Recreation Director/Buildings & Grounds Mainten- ance Superintendent, recommending the bid be awarded to Dean Lowry Plastering for $4,864.00, as the lowest bid, with the money to come from recreational impact fees. Councilman Asting moved they grant the request. Councilman Mitchum seconded the motion. Councilman Prater asked for an explanation of the bids numbered 1 and 2 from Dean Lowry Plastering. City Clerk Martinez replied that he submitted two bids. Councilman Prater questioned the difference besides the price, and asked if Mr. Garrett was present. Mayor Baugh replied no. Councilman Mitchum asked if the purpose of two bids is to corner the market and City Clerk Martinez replied that many bidders use different materials and submit for the different materials. Councilman Rotundo explained one bid is with brown coat and another is with marlite coat. Councilman Prater said these should be explained somewhere. Mayor Baugh noted that it was discussed at bid opening. City Clerk Martinez read the two bids as: 1) labor to finish court walls as specified in bid request with 3-coat stucco - $5,384, and 2) labor to finish court walls as specified by W R. BonsaI Co. "Surewall Court System" 3 coats - $4,864. Councilman Asting asked if it's the lowest bid and Mayor Baugh replied yes. Motion CARRIED 4-1. Councilman Prater voted NO. Planning and Zoning Board recommendation - to add unmanned car washes as special exception in B-2 zoning district - City Clerk Martinez read the December 17th memo from Chairman M. F. Wheeler. Councilman Rotundo moved they grant this request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board recommendations - to rezone Lot 6 between Lincoln Road and Boston Road from R-l to B-3 - City Clerk Martinez read the December 17th memo from Chairman M. F. Wheeler. She noted that the legal description shows the portion of lot 6 involved. Mayor Baugh asked about existing B-3. City Attorney Alvarez stated he was at that meeting and they went into great detail on this, and he proceeded to show on the wall map the exact triangular piece they were referring to. He reviewed the adjacent zoning, and said it seems it's just to straighten out the boundary lines without intruding into R-4 or R-2. Jack Patrick, 1001 Regent Street, showed a colored diagram of the existing zones, and noted this will give more area in the back for water retention. Mayor Baugh noted that Planning and Zoning accepted this. Councilman Rotundo moved they accept this recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion for the Attorney to draw up the necessary papers for the rezoning of this property. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Library Board's request to reappoint two (2) members whose terms are exp1r1ng - City Clerk Martinez read the December 29th memo from Chairman Mary Rice requesting reappointment of Lauretta Shafer and Jeanette Dudley, whose terms expire at the end of January. Councilman Asting moved they be reappointed. Councilman Prater seconded the motion. Mayor Baugh asked to include the Attorney to draw up the Resolution and Councilmen Asting and Prater agreed that would be a part of their motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes January 4, 1988 u '-J COMMUNICATIONS Citizens Information and Referral Service - request for $500 donation - City Clerk Martinez read the December 22nd letter from Director Lisa Amundrud. Mayor Baugh asked if this is a budgeted item and City Clerk Martinez replied yes. Councilman Asting moved they grant the request for the donation. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mark Dowst's request for final plat approval of Edgewater Landing Subdivision- City Clerk Martinez read the December 30th memo regarding final plat approval for Edgewater Landing. City Attorney Alvarez clarified that the letter from Mark Dowst requests final plat approval of the subdivision but it's site plan approval of Phase 1 only. Glenn Storch, Attorney for Radnor, agreed it's for Phase 1 only. City Attorney Alvarez stated the motion of the Board was to approve preliminary plans on Phases 1 and 2 and to approve construction drawings on Phase 1, which were submitted to the Board, and to recommend to Council to approve site plans of Phase 1 only. He pointed out that when they start with Phase 2, it will have to go back to Planning and Zoning with construction drawings and a request for Board approval of the final plat. Attorney Storch stated that Planning and Zoning approved it conditional on permits from the various agencies being received and they received those. City Clerk Martinez agreed she has those copies. Mayor Baugh pointed out that if it's granted, it should be subject to the Engineer's approval before he signs it. City Attorney Alvarez reviewed the requirements for the bond to be posted. Attorney Storch said they're requesting approval subject to those. Councilman Rotundo moved they grant this request. Councilman Prater seconded the motion with the corrections. Mayor Baugh noted that's part of the record. City Attorney Alvarez pointed out it's final plat of Phase 1 only. Motion CARRIED 5-0. Coronado Paint Company's request to set construction trailer on property until permanent facility is built - City Clerk Martinez read the December 23rd letter from David W. Dill, Operations Manager, requesting a construction trailer to be used as a classroom for safety programs and job training, with a permanent facility to be built in one or two years. Councilman Rotundo noted construction trailers are usually for 90 days and Mayor Baugh explained that's why it's on the agenda. There was a discussion about the time to be allowed. Councilman Mitchum asked how close it will be to rest rooms and Mayor Baugh replied it's the next building where they work on the big trucks. Councilman Rotundo asked if there are houses in the back and Mayor Baugh replied yes. There was a discussion about homes on Otter Street. Councilman Prater asked about parking and Mayor Baugh replied it's at the front and side. Councilman Asting moved they grant permission for one year. Councilman Rotundo seconded the motion. Councilman Mitchum asked if they could get six months anyway and City Clerk Martinez agreed. Mayor Baugh asked if that's with extensions and Councilman Asting replied they wouldn't say extensions at all. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 88-R-l Appointments of five (5) members to screening committee for rec- ommendations on advisory board and committee candidates - Mayor Baugh stated that prior to reading this Resolution, he wanted Council to be aware that he received a letter from Wallace Tricky, resigning from the Police Pension Board. He requested they accept his resignation prior to reading the Resolution. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 88-R-l - City Attorney Alvarez read this Resolution. RES. 88-R-l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING FIVE (5) MEMBERS TO THE CITY OF EDGEWATER SCREENING COMMITTEE FOR THE PURPOSE OF INTERVIEWING AND RECOMMENDING APPLICANTS TO FILL POSITIONS ON ALL CITY BOARDS AND COMMISSIONS; CONTAINING A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of: Wallace Trickey appointed by Mayor Baugh; Dominick Fazzone appointed by Councilman Rotundo; James W. Bonneville appointed by Councilman Prater; William C. Hoffart appointed by Councilman Asting; and Thomas L. Sheridan appointed by Councilman Mitchum. Councilman Prater moved they adopt Resolution 88-R-l. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. -9- Council Regular Meeting Minutes January 4, 1988 ~- - --- Q o ORDINANCES AND RESOLUTIONS (Continued) - Res. 88-R-2 Authorizing appropriate officials to execute contract with Department of Community Affairs re: funding assistance for certain elements of Comprehensive Plan - City Attorney Alvarez read this Resolution. RES. 88-R-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM CONTRACT" BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt Resolution 88-R-2. Councilman Prater seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Mitchum so moved. Councilman Prater seconded the motion. Meeting was adjourned at 9:38 P.M. Minutes submitted by: Lura Sue Koser -.. --... ....... C07~~ COUNCILMAN - ZONE FOUR 7-5 ~ t ATTEST: ~J Approved this 13th January ,198...JL MAY!; -= /?~ t -10- Council Regular Meeting Minutes January 4, 1988