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06-05-1989 - Regular "-- ...... ........ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 5, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez Acting City Manager Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Mike Coomer, Assistant Pastor of Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION OF GREEN CROSS AWARDS TO EIGHT (8) FIREFIGHTERS - Mr. Pat DiLeva, Safety Director, read the names of the firefighters who had extracted persons from smashed vehicles: Chief Larry Carson; David Gibbons; Barry Cambell; Rob Cleary; Captain Trevor Barlow; Lieutenant Danny Taylor; Robert Main; and Brian Williams. David Gibbons and Robert Main were unable to be present and Robert' s award was accepted by Steve Hardock. Mr. DiLeva noted that this is the third award for Trevor Barlow. He stated that Rescue has answered 801 calls this past year and the Fire Department had 158 fire calls which totalled 959 calls for volunteers. APPROVAL OF MINUTES SDecial Meetina and WorkshoD of Kay 15. 1989 - Councilman Fish moved they accept the minutes of the Special Meeting and Workshop of May 15th as being true and correct. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. SDecial Meetina and Public Hearina of Kay 30. 1989 - Councilman Fish moved they accept the minutes of May 30th as being true and correct. Councilman Gold seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Fire Department's reauest for 82.500 budaeted for Julv 4th cele- bration: Fire DeDartment's reauest to ao out for bids for aDDrox. 15 sets of firefi9'htina turnout 9'ear: Merit Board's recommendation that Chairman work with Cody & Associates for waqe and classifi- cation study: Modification No. 4 to contract with DeDartment of Communi tv Affairs reI Comprehensive Plan Amendment - Mayor Mitchum asked if Council wanted to remove any items from the con- sent agenda. Councilman Gold requested removal of item 4. D, Modification No. 4 to DCA Contract. There were no other requests for removal. Mayor Mitchum requested a motion to close the consent agenda.. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Fish moved they accept the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. '-'" ",,-,' CONSENT AGENDA (Continued) Modification No. 4 to contract with Deoartment of Connnunitv Affairs rei Comorehensive Plan Amendment - Councilman Gold stated that he'd requested the removal of this item per the request of Mrs. Lynne Plaskett. Mrs. Lvnne Plaskett, Acting Planning/Zoning Director, explained that the capital improvements element was due earlier and they didn't get the grant monies because they were working on the CIP and felt it should be done after the CIP. She added that they have a chance to recoup $7,434 if the capital improvements element is submitted to DCA by September 30th and Mr. Powers had given a verbal approval to Dyer, Riddle, Mills & Precourt to do this but nothing more was done. She requested that Dyer, Riddle, Mills & Precourt be allowed to do the capital improvements element at this time. She pointed out there are two additional elements due also and she'll talk with them to see if they're qualified. She said the contract needs to be signed with the understanding we will deliver by September 30th and the only way they can do that is if DRMP does it. City Attorney Alvarez asked if she only wants this approved if DRMP would be allowed to do it. Mrs. Plaskett agreed. Councilwoman Bennington moved to approve Modification No. 4 with the understanding that we will negotiate with our engineers, Dyer, Riddle, Mills & Precourt, to complete the element. Councilman Gold seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Readingl None Second Readinal (Public Hearina) Mayor Mitchum requested a motion to go into the public hearing. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-11 Amendina Aooendix A. Zoning. Article II. Section 200.00 . Section 606.02 (A)(D)= Section 606.04 (c). rei outdoor dis~lay and storaae - City Attorney Alvarez read this Ordinance. ORD. 89-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, ARTICLE II, DEFIN- ITIONS, SECTION 200.00; SECTION 606.02 (A) (D); SECTION 606.04 (c), BY CREATING A DEFINITION OF OUTDOOR DISPLAY; ESTABLISHING INTENT AND REGULATIONS FOR OUTDOOR STORAGE AS A SPECIAL EXCEPTION; CON- TAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Mitchum requested audience input. There were no comments. Ord. 89-0-14 Amendina Chaoter 12.5 Parks and Recreation. bv creat- ina Section 12.5-2 "Hours for Parks and Facilities" - City Attorney Alvarez read this Ordinance. ORD. 89-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 12.5 "PARKS AND RECREATION" BY CREATING SECTION 12.5-2 "HOURS FOR PARKS AND FACILITIES"; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience input on this ordinance. Alice Murphv, 230 North Riverside Drive, asked what the ordinance is. Mayor Mitchum explained they're establishing curfews for the park facilities. Mrs. Murphy asked if they'd be able to speak later. Mayor Mitchum replied it will be under Citizen Comments. Ord. 89-0-15 Amendina Section 2-26. Order of Business. bv amendina aaenda format for City Council meetinas - City Attorney Alvarez read this Ordinance. ORD. 89-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 2-26 "ORDER OF BUSINESS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER, FLORIDA, BY AMENDING THE AGENDA FORMAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience input. 2 Council Regular Meeting Minutes June 5, 1989 ~ '-' ..., ORDINANCES AND PUBLIC HEARINGS (Continued) Ord. 89-0-15 (Continued) Joe Martin, 6 Laughing Gull, asked if this puts Citizen Comments back up further. Mayor Mitchum replied yes. Mr. Martin asked if it will be effective tonight if they approve it tonight. Mayor Mitchum replied not tonight. Mayor Mitchum requested a motion to close the public hearing and go back to the regular meeting. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-11 - Councilman Hatfield moved they accept ordinance 89- 0-11. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 89-0-14 - Councilman Fish moved they accept Ordinance 89-0- 14. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-15 - Councilwoman Bennington moved to adopt 89-0-15. Councilman Gold seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS (Other than Ordinances) Mayor Mitchum requested a motion to move from the regular meeting to the public hearings. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Anneal of decision of Land Deve100ment and Reau1atorv Aaencv reI variance at 2103 Pine Tree Drive - Acting City Manager Wadsworth read her June I, 1989, Request for Council Action, which advised that Mr. Craven had requested a hearing on his appeal. David Hood, Attorney in Daytona Beach, represented Mr. Craven. He displayed a sketch showing where the house is located and said the variance is needed because the house encroaches on the setback and doesn't sit square on the lot. He said the people who laid the concrete put it on catty-cornered and the City didn't notice it and the house was completely built. He added that after it was done, someone became aware that it was 2'7" in. He said they have a C/O but now they have a cloud on the title and his client is unable to sell the house and it sits vacant. He pointed out that the windows have been broken because it's vacant. He said there's no way to solve this problem without tearing it down and rebuilding it. He pointed out that any problem that might occur relates to the shell road and they have about 45' between the road and the house. Mr. Hood stated the situation was not created because they inten- tionally did it or tried to violate anything and it was an inad- vertent error on the person who laid the concrete and the problem wasn't noticed by anyone. He requested they provide an exception to that corner of the house. Councilwoman Bennington asked who became aware that it was encroaching and how did they become aware. Mr. Hood replied that when the survey was done and it came back they became aware of it. Councilwoman Bennington stated that the builder can' t sell the house with a cloud. Mr. Hood agreed, and said the City has a problem with an empty house and vandalism, so it's not good for the owner or the City. Mayor Mitchum stated the survey is a replat to show the position of the house for the bank. He asked it it's customary to be done once the slab is put on and when the replat was done. Mr. Hood replied that in this case the house was completely built and what was supposed tohave been done is when the slab is done, they're supposed to do a survey but it wasn't, and the City never said anything about it and gave a C/O because they didn't perceive a problem. He added that the City measured the front corner and it' s beyond the setback so they said it was fine and they didn't go the extra step and require the survey. Councilwoman Bennington asked why the contractor didn't check it when the foundation was laid. 3 Council Regular Meeting Minutes June 5, 1989 ...,.. ..""" PUBLIC HEARINGS (Other than Ordinances) ADDea1 of decision of Land Deve10mnent & Reau1atorv Aaency re I variance at 2103 Pine Tree Drive (Continued) Mr. Hood replied they poured the slab and checked to make sure the front was good and to look at it, you'd never know it's a problem. Councilman Fish asked whose responsibility it is to see the slab is placed correctly. Mr. Hood replied the contractor and they're asking for an alternative to the problem and the only way is to tear the house down, which isn't practical, or leave it because they can't sell it. He added that it would be a valid concern if they were creating a problem that was out of whack with other houses in the neighborhood but you can't tell by looking at the house, except the survey shows it. Councilwoman Bennington stated they have a letter from the Building Department and the second item says the slab replat wasn't avail- able. She asked if that's a practice in the City if a builder doesn't have a loan, or if everything should be replatted. Mr. Hood replied it probably should, and that's wi thin the City's policies, but in this case there was no malicious intent to deprive anyone and the City checked the slab and said it was okay. Councilwoman Bennington stated the slab was poured wrong and the City went ahead and the contractors continued. Mr. Hood pointed out the front was clearly within the setbacks and the City said it was okay and they built the house. He added that both looked at it and perhaps they should have measured the house and it's a mis- take, but there's a substantial investment in the house and they can't sell it. Councilman Hatfield stated that he checked with Building Trades Regulatory and Appeals Board regarding Mr. Craven's construction and found no inconsistencies and those on the Board felt he was a very upright contractor. Mr. Hood noted that he's built 12 homes in this community and they all complied and this was an unfortunate circumstance. Councilwoman Bennington asked if the builder knew the procedures for replatting. Mr. Hood replied yes, and they came out and measured it and said it was okay. Councilwoman Bennington noted that because the Building Official didn't require the replat after the slab was poured, the builder went ahead and assumed it was okay. Mr. Hood stated they would have done it if they'd been asked for a replat, and if there was a construction loan on the property, the problem would have been discovered then. Councilman Hatfield stated the ultimate responsibility is the con- tractor regardless of the City's liability and he made the mistake even though the City didn't physically measure and now they have to correct it in some way. Nancv Blazi, LDRA Chairman, stated the Board didn't feel Mr. Craven made this mistake deliberately but when they act as a board of adjustments they have to follow certain criteria as set by the State. She said she didn't know if Council has to follow that same criteria. She noted the letter sent to Mr. Craven pointed out their actions and the reasons for those actions. She requested that the Acting City Manager direct the Building Official to have a replat of every building regardless of the financing. Councilman Fish asked how she would have voted had she not had to follow the rules. Mrs. Blazi replied they don't allow personal feelings to enter in and she doesn't know what they'd abide by if they didn't have the rules and guidelines. She agreed that she wouldn't like to create a financial hardship or whatever hardship but they don't have that choice. Mr. Hood emphasized it was their responsibility but it wasn't created intentionally to violate the setback and it inadvertently occurred. He said their position is they have a right to take a reasonable and non-arbitrary position and make a decision, and it makes sense to make an exception. 4 Council Regular Meeting Minutes June 5, 1989 '-' ~ PUBLIC HEARINGS (Other than Ordinances) (Continued) ADoeal of decision of Land Development & Reaulatory Aaencv re I variance at 2103 Pine Tree Drive (Continued) Mayor Mitchum requested a motion to go back into the regular meeting. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield requested the City Attorney's input. City Attorney Alvarez stated that in the past they've had concrete slabs poured in the wrong places and encroaching setbacks constantly, they had half a dozen or more in Pelican Cove West and at the time Council had the choice of tearing them all down or allowing them to stand, they've had a recent situation on Riverside Drive of a very expensive home built into the setbacks, and a restaurant encroached into the setbacks. He pointed out that why this is happening is an internal matter within the City that he suggests be resolved because they'll be constantly receiving this kind of case until the source of the problem is handled. He stated there is plenty of precedence for granting this because if they ask them to tear it down and have to go to court, they'll be faced with at least a shared responsibility of the builder and the City since the City has to insure the rules and regulations and building codes are followed and you can't rely on the good faith of the builder. He said the hardship is not of the builders so in making their decision, they should keep in mind that courts don't favorably look at governmental entities that want to make a private individual tear down a property over a 2 foot dispute when the reason for that encroachment is that the governmental entity was partially respons- ible for the regulation not being enforced. He pointed out that all decisions of the Agency shall be subject to final approval by the City Council and there are no guidelines or specific con- straints but it's a matter for Council to weigh all this. Councilman Hatfield stated that he hopes they can correct the prob- lem that keeps happening. He moved that they go ahead and accept his request for a variance. City Attorney Alvarez stated it's basically to allow the house to stand or direct him to go to court and his advice is if he goes to court on this, he'll be laughed at. Councilman Hatfield restated his motion to grant Mr. Craven his variance for the property. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Bennington stated she voted yes because there's been precedence set and she doesn't want to end up in court with them losing and she hopes the City will take action to correct this in the future. Councilman Fish stated he voted yes and they shouldn't grant variances as often as they have in the past and they should toughen up, but because someone from the City dropped the ball along the line, he reluctantly voted yes. Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Public Hearinas (Other than Ordinances) Pro~osed change of land use reI CamDrehensive Plan Amendment - Acting City Manager Wadsworth read her June 1, 1989, Request for Council Action, which advised the requirement for approval and that it would then be forwarded to Growth Management Commission and Department of Community Affairs for determination of consistency. Mayor Mitchum requested audience input. Frank Roe, Florida Shores, asked the change. Mrs. Lvnne Plaskett, Acting Planning/Zoning Director, explained the changes to land use for the parcels involved. She noted that they're required to advertise this and send it to DCA. City Attorney Alvarez asked if the procedures as outlined in Florida Statutes had been followed in terms of size of the ad and if it is correct with the map. Mrs. Plaskett said yes. Mayor Mitchum requested a motion to go from the public hearing back to the regular meeting. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. 5 Council Regular Meeting Minutes June 5, 1989 ,... ....", Public Hearings (Other than Ordinances) (Continued) prooosed chanae of land use reI Camorehensive Plan Amendment Councilman Hatfield moved they approve the proposed change of land use and forward this to Growth Management Commission and Department of Community Affairs for determination of consistency. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Land Develooment and Reaulatorv Aaency's recommendation to include 3 ft hiah solid material 0001 enclosure when amendina Sections 200.00. 7-324. and 7-325 reI screen 0001 enclosures and setbacks - Acting City Manager Wadsworth read her June 1, 1989, Request for Council Action which had a proposed ordinance attached. Council- woman Bennington moved they adopt alternative 1. (Accepting LDRA recommendation). Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Land Develooment and Reaulatorv Aaency's recommendation reI extra curricular activities at Florida Shores Plaza oarkina lot Councilman Hatfield listed his suggested changes to the nine points recommended by LDRA: Item 1 re: not to exceed nine day period - he suggested it be a four day period with a one day free set up. Councilman Fish pointed out this isn't strictly for car sales but also for carnivals and other activities. Item 4 re: frequency of activities - he suggested it be 1 or 2 per month per location. Mayor Mitchum pointed out this would be City-wide guidelines for Council to go by and not just at the Florida Shores Plaza and each one has to be at the pleasure of Council to be granted. Item 5 re: driveways or driving lanes to Winn Dixie and Hardee's not to be blocked - he suggested deleting Winn Dixie and Hardee's and leave the rest as is. Item 6 re: areas of activities to be roped off - he said they use vehicles to block off accesses for car sales and don't need those, but perhaps for carnivals. He suggested they add item 10 that there be no overnight camping unless there are facil- ities to accommodate overnight camping. Councilwoman Bennington noted that any activities have to come before Council but Item 2 - possible deposit for Police overtime, appears to be left up to Council whether they need Police pro- tection and then Council would determine the deposit required. She agreed with Councilman Hatfield on Item 5. She suggested that with Item 8 re: providing porta-pots it should be adequate for the population and according to Health Department standards who has charts and graphs. Mayor Mitchum noted they wouldn't go to the Heal th Department for every event. Councilwoman Bennington agreed. Councilman Gold had no comments. Councilman Fish did not agree with Item 1 being four days but he agreed nine days may be too long. He asked the length of the last carnival. Councilman Hatfield replied he thought it was 10 days. Councilman Fish said it was probably for a week and then one day to set up and one day to take down which is reasonable for a carni- val, and perhaps they could make car sales for 4 or 5 days. Councilman Hatfield said he'd talked with Halifax and Higgenbotham Jeep dealerships and they agreed they can't expend themselves more than 4 days in anyone location because of their manpower. Mayor Mitchum suggested they set four days as a guideline and if a carnival came in, they'd handle it at that time. Councilman Fish agreed with striking Winn Dixie and Hardee's from Item 5. He suggested they leave Item 4 as is regarding frequency, nature, and location as he didn't know if they want to be too specific in an ordinance on a limit. He agreed with Councilwoman Bennington that they should check with the guidelines of the State Health Depart- ment regarding the number of facilities for the anticipated crowds on Item 8 re: porta-pots. He suggested they add that it would be in compliance with the Health Department guidelines, or adequate 6 Council Regular Meeting Minutes June 5, 1989 'w' ~ UNFINISHED BUSINESS (Continued) Land Develooment and Regulatory Aaencv's recommendation rei extra curricular activities at Florida Shores Plaza oarkina lot (Cont'd) for expected attendance. He had no problem with a new Item 10 re: overnight camping but didn't know if it was needed. He asked how to define overnight camping as watchmen sometimes stay on the premises overnight. Councilman Hatfield referred to a previous carnival when campers and tents were brought in for the entire event, the property isn't zoned for it, there were no facilities, and he doesn't feel it's in the people's interest to allow it. Mayor Mitchum stated that Item 1 would be left as it is; Item 2 and Item 3 will be left as it is; Item 5 will strike the names of any businesses; Item 6 would be gone; Item 7 will be left as is; Item 8 would be provide porta-pots adequate for population or pro- jected attendance; Item 9 is left as is; and Item 10 is no over- night camping, so there would be 9 since number 6 was omitted. Nancv Blazi, Chairman, Land Development and Regulatory Agency, apologized for their referrals to Florida Shores Plaza but that's the only shopping center where they held anything. She pointed out it would be B-5 and it shouldn't be limited to Florida Shores but to shopping centers. City Attorney Alvarez suggested they limit these regulations to be applicable to B-5. Mrs. Blazi agreed. Councilman Hatfield moved they adopt that as corrected with the changes in B-5. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Beautification Committee Aoolications Acting City Manager Wadsworth read her May 31, 1989, Request for Council Action which had a listing of the names of the 17 appli- cants attached. Councilman Hatfield suggested they set the meetings for the 2nd Wednesday of the month beginning June 14th with a seven member committee and that it be a trial period of one year to see if it will be effective and then they can review it. He stated that he'd contacted about 15 of the 17 applicants and it was hard to narrow it down. Councilwoman Bennington suggested Council meet on the 14th and let all the applicants come to the meeting and come up with by-laws and what the purpose would be and bring it back to them. Councilman Hatfield pointed out they don't have a budget and probably wouldn't have until October and his idea was to give them two or three months to get started and submit by- laws to Council, but to let them handle it rather than Council since Council has the final say. He noted it's timely that the News Journal is running a "Take Part" article and perhaps they could incorporate some of this in that committee. Councilwoman Bennington asked what department it would fall under to provide secretarial services. Councilman Gold suggested it be under Parks and Recreation. Councilman Fish suggested Councilman Hatfield be the liaison to help them get started and let them form their by- laws and bring a report back to Council. Councilman Hatfield nominated seven people: Mark Seifert; Richard Loomis; Jodi Geiger; Gloria Fish; John Borner, Jr.; JoAnne Sikes, and Diane Gross. Councilwoman Bennington agreed with Councilman Hatfield's choices. Councilman Gold had no others to add. Councilman Fish agreed with the exception of Gloria Fish as he felt there may be a conflict. Councilman Hatfield stated he'd talked with Gloria Fish and thinks she'll make a good member. He made that a motion. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Councilwoman Bennington moved that Councilman Hatfield act as their liaison to meet with this committee to help them start their comm- i ttee up and do by-laws. Councilman Fish seconded the motion. Councilman Hatfield noted that was handled previously. Councilman Fish withdrew his second and Councilwoman Bennington withdrew her motion. 7 Council Regular Meeting Minutes June 5, 1989 "-" ..., UNFINISHED BUSINESS (Continued) Parks & Recreation Board's recommendation reI se~aration of Parks and Recreation fram Buildinas and Grounds Maintenance - Acting City Manager read her June I, 1989, Request for Council Action which recommended they accept the recommendation of the Parks and Recre- ation Board and instruct staff to implement these changes. Councilman Fish stated he spoke with members of the Parks and Recreation Board and Parks and Recreation Department and he accepts the concept but they should leave the implementation to the new Ci ty Manager when he comes on board. Mayor Mitchum agreed it should be addressed when the new person gets here and at budget time but they should approve the concept. Councilwoman Bennington noted that when breaking up this department the Buildings and Grounds would come under Public Works, but they haven' tasked Public Works how they felt about it. Mayor Mitchum suggested it be handled at staff level because it could be a department within itself. Councilman Fish moved they accept the concept of separ- ation between parks and recreation and buildings and maintenance and they approve this in concept only and leave the implementation to the new City Manager. Councilman Gold seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Resolution a9-R-42 A~oointment to fill vacancy on Buildinq Trades Reaulatorv & Aopeals Board due to resianation of Norman Cox - Acting City Manager Wadsworth read her May 31, 1989, Request for Council Action which had Resolution 89-R-42 attached. Councilman Fish pointed out that he noticed a number of applicants who applied for the positions on their boards did not take the time to register to vote and he feels they should be a registered voter if they want to be a part of this process and that it be an established cri- teria. Councilwoman Bennington agreed. Councilman Hatfield stated that he'd talked with the Board Chairman about why they recommended Mr. Tindall and he said he felt he was the best person, but he then advised they didn't see any applications. He suggested that if boards are going to recommend someone in the future they should have all the applications before they make a recommendation. Councilman Fish nominated RaYmond Gagnon to fill this vacancy and made that a motion. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Mayor Mitchum requested a motion to reconsider they would go back to nominations and apologized to Councilman Hatfield for not re- ceiving additional nominations. Councilman Fish moved they recon- sider. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Fish nominated RaYmond Gagnon. Councilman Hatfield nominated James Norris, noting it was because he has 20 years experience in the building trades and he feels he'd be the best man. Roll call on RaYmond Gagnon CARRIED 4-1. Councilman Hatfield voted NO. City Attorney Alvarez read Resolution 89-R-42, inserting the name of RaYmond Gagnon for an unexpired three year term to end February 16, 1990. RES. 89-R-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BUILDING TRADES REGULATORY AND APPEALS 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. Councilman Fish moved they accept Resolution 89-R-42. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Councilman Fish moved they send a letter of appreciation to Norman Cox for his service on the board. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. 8 Council Regular Meeting Minutes June 5, 1989 ...., ..." NEW BUSINESS (Continued) Parks and Recreation DeDartment's reauest to designate reDresent- ative for 10int meetinas rei 20-vear water related recreational pro1ects - Acting City Manager Wadsworth read her June 1, 1989, Request for Council Action which had a May 31, 1989, memo of request from Jack Corder, Assistant Recreation Director/Buildings and Grounds Maintenance Superintendent, and a letter from Dan O'Brien, Coordinator of the Port Authority, attached. Councilman Hatfield moved they put Jack Corder in as their representative. Councilman Fish seconded the motion. Motion CARRIED 5-0. Reauest for added use for wholesale auto Darts/auto sales at 128 North Old County Road - Acting City Manager Wadsworth read her June 1, 1989, Request for Council Action which recommended acceptance of the added use. Councilman Hatfield asked if the business lic- ense has to have the property under City Code for a license to be granted. Mayor Mitchum explained the previous Council granted the license to operate a wholesale parts business. Councilman Hatfield asked how many buildings are permitted and if they were granted a permit to build. Anthonv Lanceotta stated they're asking to be able to buy cars but not put them out front for selling. Councilman Hatfield asked if it's is a part of their license if the structures aren't permitted and there's not a construction permit taken out on these buildings. Mayor Mitchum stated that if there are buildings there they need to instruct the Code Enforcement Officer to go there. Councilman Hatfield questioned if they should approve anything. Mayor Mitchum replied that they approved he could operate with wholesale auto parts on May 16, 1988, and he doesn't think the buildings are related to it, but it should be addressed. He pointed out that was done as a special exception of Council and they control it as long as he abides by the rules set down at that time. He explained that by State law to buy cars to be able to sell them for parts you have to be able to transfer ownership of those vehicles into your possession. He noted that he's a dealer licensed on u. S. 1. Councilman Hatfield stated that auto parts is separate from u.S. 1 and Mr. Lanceotta agreed. Mayor Mitchum said that Mr. DeCubellis told them he's selling the highway business. Councilman Hatfiald asked if they'll sell the cars out front. Mayor Mitchum replied no, this license is solely for the purpose of legally transferring ownership of the vehicles to operate according to State law. Councilman Hatfield moved to go ahead and grant them their license. Councilwoman Bennington seconded for discussion. She stated that the license should specify for parts only. City Attorney Alvarez said it should be on the face of the license. Mayor Mitchum suggested it state wholesale only. Mrs. Lvnne Plaskett, Acting Planning/Zoning Director, asked what his license is for now. Mayor Mitchum replied it's for selling car parts it's not a display lot and is for wholesale auto parts only. Motion CARRIED 5-0. Neaotiator for City's three baraainina units - Acting City Manager Wadsworth read her June 5, 1989, Request for Council Action, which had a request from the Associations to begin labor negotiations attached. Councilwoman Bennington suggested they authorize the City Attorney and Acting City Manager to investigate this and bring names back to the next meeting. She suggested they may want a professional negotiator. Councilman Hatfield suggested they advertise. Councilwoman Bennington noted they don't have time. City Attorney Alvarez stated if they want a professional negoti- ator, they could come back with 3, 4, or 5 names and Council can decide whom to appoint. Councilwoman Bennington asked if they have to go out for bids. Ci ty Attorney Alvarez replied no, it's a professional selection and it requires careful scrutiny because of price and the individuals experienced in the field. Councilwoman Bennington questioned if they should start executive sessions to determine what they'll offer. Councilman Hatfield suggested they wait for a negotiator. City Attorney Alvarez agreed they need to move quickly on selecting a negotiator and have him review the 9 Council Regular Meeting Minutes Ju~t 5, 1989 '-' "Iift1III NEW BUSINESS (Continued) Negotiator for City's three baraainina units (Continued) existing agreements and then meet with Council in executive session to determine items to put on the table. Councilman Fish suggested they set up a special meeting for next week when he has applicants. City Attorney Alvarez said he needs direction if it's to be a professional and how many years and whatever else they want and how many they wish to have before them. Councilwoman Bennington suggested five. Councilman Fish and .Councilman Hatfield agreed. There was a discussion of meetings times and it was agreed to meet Wednesday, June 14th, at 7 p.m. for a special meeting. Councilman Hatfield moved they set up a special meeting for the purpose of selecting a union negotiator and that the City Attorney and Acting City Manager bring back the five. Councilwoman Bennington seconded the motion. City Attorney Alvarez stated that because of time con- straints, he recommends that as they receive written information of those interested they'll send them to Council for review ahead of time. Councilwoman Bennington agreed. Motion CARRIED 5-0. Hiaaenbotham Jeen Eaale's request for tent sale at Florida Shores Plaza ~arkina lot June 23 throuah June 25. 1989 - Acting City Manager Wadsworth read her June 1, 1989, Request for Council Action which recommended acceptance of the request with conditions set by Council. Councilman Hatfield moved they go ahead and accept their request to hold a tent sale with conditions as stipulated previ- ously tonight. Councilman Fish said it would be items 1 through 9. Councilman Hatfield added with no camping. Mayor Mitchum said he didn't think they need overtime Police protection in this case. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a five-minute recess at 8:47 p.m. He called the meeting back to order at 8:55 p.m. Utili ties Sunerintendent' s recommendation to u~size water main extension to Edqewater Landina Phase II location at cost of S8.852.50 - Terrv A. Wadsworth, Utilities Superintendent, stated when they examined the distribution system master plan they noticed a 12" line was recommended on U.S. 1 and since Phase II wasn't started, he contacted Ron Ferland who contacted the Edgewater Landing engineer and they agreed if we pay for upsizing the difference from the 6" to 12" line, they'd have the 12" installed in that location. He noted they'll save in excess of $6,000 by having it done now. He pointed out that if they install 9 manu- factured homes, it will pay for the upsizing and will conform to the master plan distribution system. Mayor Mitchum asked about the 180 reserve area recovery cost. Mr. Wadsworth replied that if the water is available more people will connect to that line and the 6" line was just enough to serve Edgewater Landing and they wouldn't be able to recover more costs, and in the future this will recover more for the City. He noted the engineer's certification is attached that it's impact fee eligible per the Code. Acting City Manager read her June 1, 1989, Request for Council Action which recommended acceptance of this request. Councilman Fish stated that because this will give them the ability to expand into the 180 reserve area and sell these services to the South and recover this and more, he moved they accept the request to upsize to the 12" line at this time. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum stated address their issue. appreciated. each speaker will have three minutes to He asked they cooperate and it would be Alice Murphv, 230 North. Riverside Drive, stated that many citizens are elderly and can't sit through a meeting and younger couples are usually working and can't sit all night before speaking. She said it's difficult to understand the speaker system. She said the art- icle in the paper said the Mayor had forfeited his Mayor's salary 10 Council Regular Meeting Minutes June 5, 1989 ...., ...."" CITIZEN COMMENTS (Continued) Alice Murphv (Continued) when he took the City Manager's job and he wasn't taking pay from the same taxing authority. She asked if they had legal advice to take money from the same taxing authority during the same period. Mrs. Murphy said the paper quoted a price of $300 a year for sewers and they're only paying $87 a year now for sewage and the rest is water and trash pick. She asked why people living in homes with sewer will have to pay for being brought into the system. Mayor Mi tchum clarified they aren' t being charged for Florida Shores work. Mrs. Murphy gave the Mayor a chart to study. Joe Martin, 6 Laughing Gull, spoke on the 3 foot high solid material for the swimming pool enclosures. He suggested they use the wording in the Standard Building Code with respect to guard rails which doesn't dictate solid but says intermediate rails or ornamental rails. Councilwoman Bennington explained her reasons for the request was so that a child wouldn't go through it. Mr. Martin suggested they address humidity and vapors from the pool as they are reasons for providing circulation and ventilation. Mayor Mitchum suggested the City Attorney address the ordinance and bring back a recommendation. Councilwoman Bennington pointed out that if they want just a screen, they can put up a fence. Councilman Fish suggested they look into some alternative wording and he agreed with Mr. Martin that it may be too restrictive and it may dictate style and architecture. He suggested they look into amend- ing it and he made that a motion. Councilman Hatfield seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Don Benninaton stated he had no problem with Council granting the variance at 2103 Pine Tree but it should be stated that LDRA handled it properly. He added that he hopes Council does something about the reason for this. Frank Roe, Florida Shores, stated they don't address pool enclos- ures when a house has a steel fence around it. He said other cities don't have an ordinance like this and he doesn't understand why it's needed here. He said the newspapers stated the figures will be spread over the next 20 years (ClP). Mayor Mitchum explained the figures were based on estimates of Dyer, Riddle, Mills and Precourt based on the State revolving loan program. Mr. Roe quoted figures he read in the papers. Mayor Mitchum stated they're holding public hearings and one was held on the 201 Plan and they've applied for a 13.5 million dollar loan from the State revolving loan program. Mayor Mitchum added they're coming out with a newsletter explaining the costs and they've held public hearings every step of the way. Terrv Wadsworth, Utilities Super- intendent, explained the sewer cost estimates are based on 7,000 gallons a month usage and with the current rate it would be $240 a year and the new rate would be $300, an increase of $5 a month. Mr. Roe stated the average person doesn' t use that much. Mr. Wadsworth agreed. Mr. Roe stated that Council used more than three minutes under unfinished business and three minutes isn't enough to ask questions. Mayor Mitchum explained that if something needs more time, he can request time on the agenda, but it's a guideline set by Code and other municipalities and the County use it. He suggested he submit a letter to the Acting City Manager and list the items and he'll be given time on the agenda. Mr. Roe stated the Council at Tallahassee doesn't limit speeches to three minutes and he thinks it's against the Sunshine Law to limit it and he'll talk to the Attorney General. 11 Council Regular Meeting Minutes June 5, 1989 ~ ...", CITIZEN COMMENTS (Continued) Nancy Blazi, LDRA Chairman, asked for assurance that LDRA did their job and weren't being unreasonable and trying to get the City in trouble. Ci ty Attorney Alvarez replied the LDRA actions were imminently correct and nobody wants to be the bad guy, and they were faced with a fact accompli with the house already built. Mrs. Blazi stated it's not up to the board to determine if it's equi- table and they asked the Building Official to be sure every building has a replat before it gets to this point. She asked that the Councilor Acting City Manager take action on that because it will be to the benefit of the City. Dom Fazzone, 302 Paradise Lane, referred to the newspaper article about the City Manager shuffle not saving money. He pointed out that the money given to Mr. Powers when he was taken off payroll was $14,404 which was contracted by the former City Council. He read the amounts making up that total. He said the money wasn't put in the budget and whenever they contract with another City Manager they should make sure future budgets have this kind of severance item so it won't show up as a deficit. Mayor Mitchum called the three minute time limit. Mr. Fazzone requested a few extra seconds. Councilman Fish approved the extension. Mr. Fazzone further reviewed figures for Mr. Powers' salary and what the Mayor and Acting City Manager received and said the City didn't lose a dime. Mary Martin, 6 Laughing Gull Lane, member of Charter Review Comm- ittee, invited the audience to attend any Charter Review Committee meeting at 3 p.m. on Wednesdays as the committee would welcome their input. Harry Jones, 3035 Tamarind, referred to a prior incident where the water level in an aerated tank dropped two feet low and electrical storm sparks blew the concrete block building to pieces. He said that chlorine water in a tank of that type has a possibility of explosion. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated he's pleased to see the Land Development and Regulatory Agency take the action of doing a difficult job in handling these things. Actinq City Manaaer - Acting City Manager Wadsworth stated she'd received a memo from the Industrial Development Board regarding the possible development in the 180 reserve area with a small company producing aviation type products. She said the site in mind is west of the City limits and before the company will consider locating in our area they're asking if they'll be welcome and if the City will provide water and sewer in sufficient time to accomm- odate the company's construction. She noted that she'd sent the second item to the Utilities Superintendent but the first item should be addressed by Council. Joe Martin, Industrial Development Board member, noted the company is reviewing other possible sites also. He pointed out the company hasn't defined its needs yet regarding water and sewer and he doesn't know the prospect of land but it could be a good shot in the arm for our community and the economy. He added that the company will have about 200 employees and it looks like the site would be on the west side of Air Park Road. He said they want feedback from Council as to whether they'd be welcome. Mayor Mitchum noted that 200 jobs is quite an addition to the work force. Mr. Martin spoke on the growth of the company. Mayor Mitchum pointed out that it's the intent in the 180 reserve area to service those areas but this isn't a commitment. Council- woman Bennington said she thought they'd welcome them into the community but it's vague and they could work out details of water and sewer facilities when they know what their needs are and she made that a motion. Councilman Fish seconded the motion. Motion CARRIED 5-0. 12 Council Regular Meeting Minutes June 5, 1989 1 , ... 'w' ...., COUNCIL/OFFICERS REPORTS (Continued) Councilwoman Bennington pointed out that Councilman Gold will be away for awhile, but they have a situation in the Planning Depart- ment with a lady going on maternity leave and it will leave them with an open Planning Department. She added that Beverly can hold it down for a little while. She asked that at the next meeting when there's a full Council that they address this problem. Councilman Fish noted they should have a City Manager by that time. Mayor Mitchum suggested Acting City Manager Susan Wadsworth screen the applications, but he doesn't want Council to stick their noses into administrative matters. Councilwoman Bennington asked if they want to authorize Susan Wadsworth to look through the applications. Mayor Mitchum agreed that's okay and that she may want to come back to them for some guidelines. Councilwoman Bennington suggested Susan Wadsworth take care of it. Councilwoman Bennington stated that with the problems with vari- ances and building codes and LDRA having to go through the vari- ances perhaps they should have the LDRA and Building Trades Regu- latory and Appeals Board have public hearings or investigate where this is happening and make recommendations to correct it. Council- man Fish pointed out they're straying off into administrative areas again and a new City Manager should be able to deal with these problems. Councilwoman Bennington stated that the last City Manager didn't stop him and she's tired of having these things brought before them that could have been done right to start with. Councilman Fish moved they require on applications on persons appointed to boards in the future to be registered voters and that be a requi site to serving on the board. He added they'll not throw off anyone on the boards now but in the future for appointments or reappointments they must be a registered voter. Councilwoman Bennington seconded the motion. Councilman Hatfield asked if it's a problem with the Code or Charter. Ci ty Attorney Al varez explained that the right to participate in government depends on not only whether you're a registered voter but also if you're a resident and if you contribute and have roots in the community. He pointed out that a person could be a registered voter and chooses not to be, which shows a certain lack of attitude toward government but there also may be an individual who for some reason cannot be a registered voter but wishes to become involved in gov- ernment. Councilman Hatfield suggested they send it to the Attorney for a decision or recommendation. Councilman Fish withdrew his motion and Councilwoman withdrew her second. Councilman Fish moved they adopt the concept that all board members appointed henceforth shall be registered voters in Volusia, State of Florida, and pending further research on any legal complication by the Attorney and adopted at a future date. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum clarified for the record that he is not the Acting City Manager and he was appointed to help Susan Wadsworth. He pointed out he's been there for two weeks and thanks Council for the opportunity and their confidence. He recommended Council send him back to his job because he's seen how the City functions and they have professional people working for the City who are dedi- cated and hard working employees and they can run the City on a short interim basis. He added the staff knows where Council is and can call them if something comes up. Councilman Hatfield moved to remove him and thanked him for the time as he felt it was important and they made a critical decision at a critical time to show they were 100% behind the employees of the City. He added that was the reason he made the motion to put him in there and he has a great deal of respect for his decision and it's in the best interest of the City. Councilman Fish seconded the motion. Councilman Hatfield asked if he'll be leaving tonight. Mayor Mitchum replied yes. Motion CARRIED 5-0. 13 Council Regular Meeting Minutes June 5, 1989 \0 0, ~ ......, COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Mayor Mitchum stated they had a meeting scheduled Wednesday night with Magnuson on the bike path issues but since they now don't have a City Manager and Councilman Gold will be gone, he recommended they postpone it until Councilman Gold returns and the City Manager is on board as he may have some input into what's decided. There was no objection from Council. QUESTIONS FROM PRESS None. ADJOURN Councilman Hatfield moved to adjourn. Councilman Fish seconded the motion. Meeting was adjourned at 9:50 p.m. Minutes submitted by: Lura Sue Koser ~4~ /-/LS MAYOR -r= ..".."',...-........ ( ~ '....""\ ...J..,...t.,j\,<~" "", \, .. l I ~ c CO~JN9JLMAN - 7 fl'f,/Ut-ff- COUNCILMAN - Z E THREE A~1. ZONE FOUR (Ji4 f' ATTEST: ~t.Jt~. ACTING CIlfY MANAGER APlfroved this I q ?-ay of 2~D~ MAYOR 14 Council Regular Meeting Minutes June 5, 1989