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02-14-1990 - Regular '-" ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 14, 1990 MINUTES CALL TO ORDER Vice Mayor Russell Gold called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Excused Present Present Present Present Excused Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. PROCLAMATION FOR "CYSTIC FIBROSIS 65 ROSES BREATH OF LIFE BIKEATHON DAY" MARCH 3. 1990 - Vice Mayor Gold read the proclamation and presented it to Mr. Larry Perkins, Chairman of the Bikeathon. Mr. Perkins introduced Jerry, who is a victim of cystic fibrosis, and his father. Mr. Perkins stated Edgewater is the only city in the United States to have bikeathons for 13 consecutive years and also has the only person to have ridden all 13 years. He added shelll be riding again March 3rd and will receive a special honor. He stated their goal is to go over $25,000 this year. He thanked everyone for their support over the years. CITIZEN COMMENTS Vice Mayor Gold advised the three minute rule will apply. Richard Hitchcock, 3313 Woodland, and owner of property at 3309 Woodland, stated he chose the low pressure system because of economics but after further examination he's convinced the least expensive in the long run is the gravity sewer. He stated they took a slanted survey and results were clouded by irregularities. He requested Florida Shores be able to vote democratically on the system of their choice. Georqe Ewinq, 2923 Royal Palm, asked why the agenda wasn't published in the papers. Mr. Johnson replied it's a problem with publication of special agendas. Mr. Ewing asked if it closes the Wednesday before. Mr. Johnson replied yes. Mr. Ewing asked the City Manager to get it there by the time. Mr. Ewing stated on the "0rder of Business" they now have comments at the beginning and he thinks it works pretty well and nobody has taken advantage of it. He noted there was some opposition to putting it at the end because of the possibility they would drag the meeting on. He said if they write the ordinance properly they should limit comments at the end of the meeting to only the items on the agenda that evening and no Council member should object to that. He added that a lot of times they don't have second readings and it would be nice to allow citizens to make comments to have input. Mr. Ewing noted the newspaper stated Mayor Mitchum gave the City Manager the highest rating on his recent evaluation, but that was incorrect as only three Council members filled out the evaluation properly. He stated it was a stupid form they had to use to evaluate a manager. Vice Mayor Gold called time and Council members agreed to let him continue. Mr. Ewing stated two members filled the forms out incorrectly because the items at the beginning could only be rated 1, 2, or 3 and they gave him 41s or 51s. He stated that Councilman Hatfield now takes the honor of giving the Manager the highest evaluation. '-" ,..., CITIZEN COMMENTS (Continued) Harvey Hardin stated C. Fred Garlick recently died did more vo 1 unteer work than he has since 1962, Department. Cia Ricco, Para Palm Motel owner, stated she lives in Connecticut and her mother is taking care of the motel. She said she1d hired William Wright to inspect the property before she bought it and he referred to a roofing problem and she received a fire and safety inspection from Dennis Fischer with no problems and a termite inspection with no problems. She said she was told by Dennis Fischer that the wiring was old and not up to Code and the cost to change over is more than they could afford and since it was an existing facility Mr. Fischer said he I d work with them. She stated she took a second mortgage on her home in Connecticut and in the 2-1/2 years she's owned it, they've pulled several building permits for roofs and other repairs and remodeling and a licensed electrician corrected several items on the wiring. Vice Mayor Gold called time and Council members agreed to let her continue. Ms. Ricco listed some of the repairs she'd done with the restaurant to bring it up to the Health Department Code. She reviewed Legal Aid's intervention when they tried to evict someone who hadn't paid the rent. Councilman Fish asked what point she's trying to make. Ms. Ricco stated Chief Vola is trying to shut her down and she has a lot of problems and needs advice. Mr. Johnson pointed out that Chief Vola is trying to enforce the State and City laws and each Councilmember has received a copy of the inspection of the motel. He added they had a fire there recently and have sold it to someone else and haven't secured ownership back. He pointed out that Chief Vola is a Fire Marshall and can shut it down and there's a danger to human life, and if he doesn't take care of it and something happens, he's liable for the damage. He noted they're inspecting all businesses in the community. He advised Ms. Ricco that there's an appeal process through the Building Trades Regulatory and Appeals Board but he's following State Statutes and City Codes and there are clear violations from fire and building and certain standards are not being met. Ms. Ricco stated she's asking for time and doesn't have the property in her name but needs time to get bids. Mr. Johnson stated held meet with her and the Deputy Fire chief but the problem is if there's a major fire in that time, what happens to those people. Ms. Ricco explained the fire at Christmas was from overcrowding with a women and six children and plugging in multiple devices to keep warm, but she doesn't feel they1re at immediate risk and the conditions have existed for decades. Mr. Johnson stated he'll meet with her and give Council a report. in Jacksonville and no man especially with the Fire Brad Voshell, pool contractor, asked about the fence in addition to a screen enclosure. Mr. Johnson suggested he talk with Planning and Zoning Director Mark Karet. Mr. Voshell said he doesn1t want to spend additional money for a fence when he has a screen enclosure and hels forced to pull them at the same time. CONSENT AGENDA Public Works Director1s request to purchase 3.000 individual recyclina bins at cost of $11.500 under County bid prices: Public Works Director1s request to ao out for bids for 15 yard tandem dump truck: East Volusia Mosquito Control District I s request to make low level aerial spray fliahts: Bui ldina Trades Reaulatory & Appeals Board1s revised By-Laws: Buildina Trades Reaulatory & Appeals Board1s recommendation to increase fees for competency cards by $2.00 effective September 1. 1990: Buildina Trades Reaulatory & Appeals Board1s recommendation to adopt 1990 National Electrical Code and amend City1s Electrical Code: and Finance Director1s request to ao out for bid to sell obsolete computer system - Vice Mayor Gold asked if they want to pull anything from the consent agenda. Councilman Fish asked to pull item 5.F. re: the electrical code amend- ments. Councilman Fish moved to close the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Vice Mayor Gold requested a motion to accept the consent agenda. Councilmember Bennington so moved. Councilman Hatfield seconded the motion. Councilmember Bennington stated she's glad to see the Building Trades Regulatory and Appeals Board is getting active again with a lot of recommendations. Motion CARRIED 4-0. 2 Council Regular Meeting Minutes February 14, 1990 ." ..., CONSENT AGENDA (Continued) Bu i 1 ding Trades Regu 1 atory & Appea 1 s Board' s recomendat i on to adopt 1990 Nat iona 1 E lectrica 1 Code and amend City's E lectrica 1 Code - Counc i lman Fish asked for clarification of the section reading lIall violations shall be performed by an electrical contractor and fire inspection upon completionll Dennis Fischer, Building Official, explained that electrical violations found in commercial installations will be repaired by a licensed electrician and inspector. Councilman Fish asked that they clear up the language. Mr. Johnson suggested he gave him the comments and he'll forward them to the City Attorney for the final draft. Councilmember Bennington asked if it's that way in the National Electrical Code. Mr. Fischer replied it's just the City's, and they can do more than, but not less than. Councilmember Bennington asked if itls the same verbiage as in the National Code. Mr. Fischer replied he didn't think it is, and National gives them requirements and they're saying those requirements must be done by a licensed electrician and get the homeowner out of the electrical contracting work. Councilman Fish stated he agrees with it in essence, and he moved they accept the Building Trades Regulatory and Appeals Board's recommend- ation to adopt the 1990 National Electrical Code and amend the City.s electrical code. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Parks & Recreation Director's recomendation for ballfield lights for Whistle Stop Park under lease purchase agreement - Mr. Johnson stated there I s a recommendation that the bid be awarded to Palmer Electric Company and G. E. Capital, it was the low bid and did meet specifications and is within the budgeted amount for the ballfield. Councilmember Bennington moved to accept the recommendation of the City Manager. Councilman Fish seconded the motion. Councilman Fish pointed out the existing lighting at the elementary school ballfield will have further use later and the new lighting system is supposed to be 3 to 4 times more energy efficient than what they have and it may pay for itself in short order. Councilman Hatfield asked if this will provide for three ballfields. Mr. Johnson replied yes, three new ballfields, adding they'll use both fields, those at the school and at Whistle Stop Park because of the size of the program this year. Motion CARRIED 4-0. ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS First Reading: Ord. 90-0-5 Amending Section 2-26 "Order of Business" by amending agenda format for six months - Vice Mayor Gold read this Ordinance. ORD. 90-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 2-26 "ORDER OF BUSINESSII OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE AGENDA FORMAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept Ordinance 90-0-5. Councilmember Bennington seconded the motion. Councilman Hatfield stated at the last meeting he voted against this because he was inclined to go with Mr. Ewingls statements to be restricted to just comments on that night1s agenda but helll go along with it for 6 months because it won't hurt anything and they'll have a chance to review it and make a better decision. Councilman Fish agreed six months will give them good feedback to see just what restraints they have to put on this and how it will work. Motion CARRIED 4-0. Ord. 90-0-6 Amending Appendix A, Zoning, Section 607.00 (B) by allowing light manufacturing as permitted use in 1-1 district - Vice Mayor Gold read this Ordinance. ORD. 90-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 607.00 (b) LIGHT INDUSTRIAL DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; BY ALLOWING LIGHT MANUFACTURING AS A PERMITTED USE IN THE I-I DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 90-0-6. Councilman Fish seconded the motion. Motion CARRIED 4-0. 3 Council Regular Meeting Minutes February 14, 1990 W' ..", ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) First Reading: (Continued) Res. 90-R-ll Author;zing ofHcials to execute Land Development Regulation Assistance Program contract with Florida Department of Community Affairs and designating contract administrator - Vice Mayor Gold read this Resolution. RES. 90-5-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE "LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION 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 Fish moved they accept Resolution 90-R-11. Councilmember Bennington seconded the motion. Councilman Fish stated it's about time the State provided some monetary support for the things they mandate, and amendment #3 will be on the ballot to stop unfunded State mandates. Motion CARRIED 4-0. Res. 90-R-12 Appointing one member to Industrial Development Board due to resignation of Chester Boyce - Vice Mayor Gold read the Resolution. RES. 90-R- g - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He requested nominations. Councilman Hatfield nominated David Koch. Councilman Fish stated he'd like to advertise for additional because they only have two. City Clerk Wadsworth stated she's running ads on Fridays and Saturdays the rest of the month. Councilmember Bennington asked if Beautification Committee will be included. Mr. Johnson replied every board. Councilman Hatfield withdrew his nomination. Councilman Fish moved they TABLE it until the first regular meeting in March, the 5th. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. Res. 90-R-13 Appointing one member to Beautification Committee due to resig- nation of Diane Gross - Vice Mayor Gold read the Resolution. RES. 90-R-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He requested nominations. Councilman Hatfield requested resumes the same as any other board and to have this for the first meeting in March. Councilman Hatfield moved to TABLE this and ask in the future for resumes for the Beautification Committee like they do other boards. Councilman Fish seconded the motion. City Clerk Wadsworth asked if they want the same application form as others. Councilmember Bennington agreed. Motion CARRIED 4-0. Second Reading (Public Hearing) None for this meeting. UNFINISHED BUSINESS None for this meeting. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had been excused from this meeting. City Manager - Mr. Johnson asked Public Works Director Carl Overstreet to display the containers for recycling, which he did. He stated they'll do pilot projects in Wildwood, Meadow Lake, Edgewater Landing, Pelican Cove East, Pelican Cove West, Silver Ridge, and Shangri-La. He requested paper products, plastic, and glass be put in this one container on Wednesdays and they'll be picked up on Wednesdays in those areas to try to reduce the load going to the landfill. He added when they get more funds from the State, they'll purchase more and put them in other areas. He offered his map showing locations for the audience viewing. He stated they're working with the County to have a used oil reclaiming location and will put a notice out. City Council - Councilman Hatfield asked that the City Clerk's office write a letter to those on the Beautification Committee and send an application form so they'll know if those people are still interested. 4 Council Regular Meeting Minutes February 14, 1990 ~ 'Y COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilmember Bennington asked about the cost for the Roberts Road bike path. Mr. Johnson replied only drainage costs are needed and the surveys should be ready shortly and Carl Overstreet is working on the rest of the costs and they'll notify Council and have a workshop soon. Councilmember Bennington asked about a workshop with the engineers for an update on the CIP and stormwater. Mr. Johnson replied they could have a briefing on the master plan for stormwater at the March 5th meeting with suggestions and costs and the other part of the CIP should have a revised estimate within the next 30 days. Councilmember Bennington asked that the master plan be at a special meeting to ask questions and discuss it. Other Council members agreed and it was determined to have the meeting on March 7th. Councilman Hatfield suggested it be the CIP also. Mr. Johnson replied he wasn't sure if they'd have the information ready but agreed it could be an update. Vice Mayor Gold stated he's received calls as to when the City Attorney's contract is up. Councilman Hatfield stated he understood it's this month, February of 1990. Vice Mayor Gold stated they never acted on it. Vice Mayor Gold asked that the minutes of the CIP meetings be given to Council so that they'll be aware of what's going on. Mr. Johnson agreed that could be done. QUESTIONS FROM PRESS None. ADJOURN Vice Mayor Gold suggested a motion to adjourn. Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 7:50 p.m. Minutes submitted by: Lura Sue Koser ~ ~ / ,tV/J Jdt'#- !CJ#'~ ~ ~ $-"<7' MAYOR ~1J<~ tf5 COUNCILMA - ZON ONE EXOJSED CO ER - ZO~ ~d. ~ CO~ ZONE THREE ~. '2 A~ COUNCILMAN - ZONE FOUR ~ ATTEST: ~ I~-. C~ Approved this 5 day of March , 199----2..... ~~~k MAYOR 5 Council Regular Meeting Minutes February 14, 1990