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08-07-1989 - Regular ...... "" CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 7, 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 Josel Alvarez City Manager Elly Johnson Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Steve Odom, Edgewater Bapt i st Church I de 1 i vered the i nvocat i on. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting & Workshop of July 10. 1989 - Councilman Hatfield moved they accept the minutes as provided to them for July 10th. Councilman Fish seconded the motion. Motion CARRIED 5-0. Regular Meeting of July 17. 1989 - Councilwoman Bennington moved they adopt the minutes of July 17th. Councilman Gold seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum requested the remarks be limited to three minutes due to the length of the agenda. Council members agreed. John Siburn, Connecticut Avenue, announced that Representative Craig James will be at the Community Center Saturday at 1:30 p.m. and he'll discuss various topics of the law including the catastrophic health insurance which is important for those on Medicare. CONSENT AGENDA Mayor Mitchum asked if there was a request to remove the item from the consent agenda. There were no comments. He requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Conflict with schedule for Council meeting due to Labor Day holiday - Councilman Fish moved they accept the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Mayor Mitchum requested to move item 5.C. up to this point on the agenda. No Council member expressed objection. Reconsideration of March 20. 1989. action re: Eastern Shores Mobile Home Park new access road and closing of U.S. 1 access - Councilwoman Bennington stated they'd voted on March 20th to allow Eastern Shores Mobile Home Park to open a new road but she's had second thoughts about it and has received calls from res i dents of the park. She added that she went through the Code book and found several problems never addressed either by staff at the Land Development and Regu 1 atory Agency or Counc il when they made the dec i s ion. She asked Council to reconsider this matter as she doesn't feel the information they had from the LDRA as to their reasons were valid enough for Council to override, and she made that a motion. She noted they were concerned about safety and they got the owner to agree to open Industrial Road rather than Eaton but there are several issues in the Code and she'd like to refer it back to LDRA to go over it again and bring back a detailed reason why they turned it down. Mayor Mitchum asked if they'd be reversing their decision if they .... ....." NEW BUSINESS (Continued) Reconsideration of March 20. 1989. action re: Eastern Shores Mobile Home Park new access road and closina of U.S.l access (Continued) go that way. City Attorney Alvarez replied theylre reconsidering the actions and will not be a final approval or disapproval, but they're saying that before they make a decision on the reconsideration they want it to go back to LDRA for a full record and based on it and the opinions of experts based on sound planning principles they'll be able to take whatever action necessary. Councilman Fish seconded the motion. David Hood, Attorney with Monaco, Smith and Perkins, stated nothing had occurred since March 20, 1989. that would justify going back in and changing their decision after the design went through the processes the City has implemented. He added that they'd stated the benefits and they'll take traffic from a heavily travelled road to a secondary road. He reviewed the route the emergency vehicles must use. He pointed out that residents are concerned there will be commercial development on the property which is zoned commercial and that they weren't given notice and were treated poorly. He stated they were given a prospectus that states they will close U.S. 1 access as soon as all the mobile homes are there and in place and they will provide another access. He pointed out they've spent time and effort to implement the change and hired an engineer. He asked that Council stand by their decision. Councilwoman Bennington asked if they've taken construction bids out. Mr. Hood replied yes. Councilwoman Bennington asked how they did that before they came for site approval. Mr. Hood explained they asked people to look at the property and are just looking at building an access road which is different from building a building. Councilwoman Bennington stated she didnlt bring this up solely on calls from homeowners, but there are contradictions in the Zoning Code and she'd like more information if she has to make the final decision on it. Mr. Hood stated he hasn't heard a specific reason why it should be changed from March 20th and no specific reason to send it back to LDRA. Mayor Mitchum explained the reason held like to look at it again is that he doesn't think they did their homework the first time. He apologized to the citizens, and added held looked at the site this time and feels it would destroy a way of life. He said from the curve it's an absolute safety hazard to dump industrial or any kind of traffic into that area. Mr. Hood stated he looked at the property also and opening onto Industrial Road you can see traff i c both ways opposed to U. S. 1 where you look at increased traffic. He said he doesn't agree there is a safety hazard, and that no industrial traffic will go through the Park. Councilman Hatfield questioned why nobody submitted how wide the property was when they voted on the entrance either from the City or the Mobile Home Park as they assumed that was a great deal of property, but he checked and it will go within 5 to 6 feet of Mrs. Bainbridge's outbuilding, which is a part of her structure, and it's against the Code. He noted it's within 5 or 6 feet of two homes and they should reassess it. Mr. Hood pointed out they went through the processes and did everything the City asked and nothing has changed. Councilman Hatfield suggested they should show a 30 foot road. He noted that site plans show distances and measurements and there was a foul up on the part of the City and Eastern Shores and they need to go back and correct it or reassess it. Councilwoman Bennington stated the survey given to the City was done by Dan Cory in 1984 and it lists Eastern Shores as MH-IA and on the application it lists Eastern Shores as MH-S, but in the Code under MH-S itls a special district and it's not listed there. She explained it will have to be MH-l, which is a mobile home park, and it doesn't meet the Code for that, so if they make any changes they have to bring it up to meet the Codes, and that's just one conflict. Councilman Fish called for the question. Councilwoman Bennington explained she voted for it originally because she followed the City Manager's recommendation and the Department Heads and it was a bad decision on her part. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes August 7, 1989 ....,.. ...", NEW BUSINESS (Continued) Mayor Mitchum called a 5-minute recess at 7:23 p.m. He called the meeting back to order at 7:30 p.m. Chamber of Commerce proposal for financial support - Fred Baker, Executive Vice Pres i dent, New Smyrna Beach-Edgewater-Oak H ill Chamber of Commerce, introduced Linda DeBorde, Pres i dent, who was in the aud i ence. Mr. Baker stated the Council had received his proposal. His proposal had been $.50 per capita for the next fiscal year. Councilman Hatfield stated held like to negotiate. Mayor Mitchum suggested it be a matter at budget time. Councilman Fish agreed. Councilwoman Bennington asked the figure he based this on and Mr. Baker replied 12,500. Councilman Hatfield pointed out the new figure is 13,313. Councilwoman Bennington agreed they should look at it in the budget and start taking an active part in the Chamber. Councilman Gold stated held talked with them and had his questions answered then. Councilman Fish agreed they should include the concept and come up with a dollar amount at budget time for support and working with the Chamber as it would be very beneficial for developing our community and for new residents. Mayor Mitchum stated they've done a fantastic job. He requested a motion of support and to look at it in the budget. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Presentation of Southern Reserve Planninq Area Water & Wastewater Master Plan by Dyer. Riddle. Mills & Precourt. Inc. - Ron Ferland, Project Manager, had a slide presentation and showed the locations of the boundaries, about 5 miles south terminating at about Ariel Road, Mosquito Lagoon to the East, the City limits to the North, and the Turnbull Hammock to the West. He reviewed the next 30 year projections for the various land uses for demands on the water and wastewater services. He briefly reviewed the County's proposals for a plant West of Oak Hill by 1-95. He reviewed the phases and time frames. He showed an overview of the water plant and wellfields proposed near 1-95 and 442 and showed a map of the proposed water transmission facilities. He noted there will be a boost station at Whistle Stop Park in the future if it's required. He reviewed the three alternatives they'd looked at to provide wastewater services and showed a summary of the costs. He stated there's an Interlocal Agreement proposed between the City and County with a right of the City to have sole responsibil ity for providing services but the City and County could agree to interconnections. He suggested the County could assess a special assessment program in the undeveloped areas. He stated they need to mandate connections to the central system when it's available. Councilman Fish commended Ron Ferland for the good job, adding that he's brought a reasonable and workable proposal to prepare for the future. He thanked him for the effort. Reconsideration of March 20. 1989. action re: Eastern Shores Mobile Home Park new access road and c10sinq of U.S. 1 access This item was handled earlier on the agenda. See pages 1 and 2 of these minutes. Fire Department1s recommendation on bids for firefiqhtinq turnout qear - Mr. Johnson read his August 2, 1989, Request for Council Action which recommended approval of the recommendation to award the bid of $6,120 to Ten-B Fire Equipment which wasn't the lowest bid but others didn't meet specifications. Councilman Hatfield moved they accept the recommendation of the bid of Ten-B Fire Equipment in the amount of $6,120. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City of Edaewater mandatory water use restriction recommendation - Mr. Johnson stated that because of the mandatory water use restriction placed by Volusia County it is recommended the City of Edgewater implement its restricted use ordinance, which is the same guideline as the County. He recommended private wells be included. Councilman Hatfield asked about places without addresses and if City facilities will have watering restrictions. Mr. Johnson replied all facilities are under the restrictions with a few exemptions in the law. Councilman Hatfield asked about the ballfields since they're coming into the soccer season. Mr. Terry Wadsworth, Utilities Superintendent, stated held talked with the Parks and Recreation personnel about complying with restrictions and they volunteered to come in earlier or later. He added they could assign an address if they don't have one. Councilman Hatfield suggested they put them in compliance with Monday, Wednesday, and Friday since those are work days. Mayor Mitchum asked if wells are there. Mr. Wadsworth replied yes. 3 Council Regular Meeting Minutes August 7, 1989 'W' """" NEW BUSINESS (Continued) City of Edgewater mandatory water use restriction recommendation (Continued) - Councilwoman Bennington asked how they will enforce this, and when, and how they'll determine if someone waters from a well or a heat pump. Councilman Fish asked who would enforce it. Mr. Johnson replied that Pat DiLeva is the Enforcement Officer and he'll have to stop and check whether it1s from a heat pump or a well and they can show the connection. Mr. Wadsworth explained the City personnel, Police, and Utilities personnel will assist in enforcement. Councilman Fish asked the penalty. Mr. Wadsworth replied the same as the County1s. Councilwoman Bennington asked how they1d determine the maximum. Mr. Johnson replied they1d have to file a case and the judge will make a determination. Mr. Wadsworth suggested they keep a log of repeat offenders. Councilwoman Bennington questioned using water from the aquifer for heat pumps to air condition but not for watering lawns. Mr. Wadsworth replied about 88% of usage in Volusia County is agricultural use. There was discussion about heat pumps and water from wells going back into the ground for irrigation. Councilman Gold asked about the people who have gone North and have their wells on a timer certain days of the week with the timers locked up. He suggested they could send a certified letter. Mr. Wadsworth agreed since they don1t have the right to enter on private property. He added that most people have someone down here to watch their property. Mayor Mitchum stated that the memo of July 31st to Mr. Johnson from the County states the County used its Home Rules powers, and in the letter of July 14th, the second paragraph states the ordinance is applicable only to unincorporated areas. Mr. Wadsworth explained they took action on two separate dates and first it was voluntary and then they made it mandatory. Councilman Gold stated he understood they1re to meet Wednesday and will make it a shorter time. Mr. Wadsworth explained that's St. Johns. Councilman Fish moved they place the City of Edgewater1s mandatory water use restrictions in effect with City staff enforcing the restrictions. Council- woman Bennington seconded the motion. Mayor Mitchum asked about the heat pumps and private wells since the heat pump works to cool and heat the house and it's a necessity. He asked if the motion includes private wells. Councilman Fish replied yes, then withdrew his motion. Councilwoman Bennington withdrew her second to the motion. Councilman Fish moved to place the City of Edgewater's mandatory water use restrictions in effect to include private wells for irrigation purposes with City staff enforcing these restrictions. Councilwoman Bennington seconded the motion. Councilman Hatfield asked if the City will voluntarily do it. Councilman Fish replied it was included in the ordinance. Mayor Mitchum stated this is compliance. Motion CARRIED 5-0. Appointment to Citizen Code Enforcement Board due to resignation of Don Bennington who was appointed to Land Development & Regulatory Agency - Mr. Johnson noted there were six applications for the position. Councilman Hatfield nominated James Norris. Councilwoman Bennington nominated John Christian. Roll call on John Christian DID NOT CARRY 2-3. Mayor Mitchum, Councilman Hatfield, and Councilman Fish voted NO. Roll call on James Norris CARRIED 5-0. Appointment to Citizen Code Enforcement Board due to declining of position by Phil Williams - Mayor Mitchum stated that the letter of declining said that if Council couldn't find someone else Mr. Williams would reconsider and held like him to reconsider because he did a tremendous job on the Board. Council- man Hatfield nominated John Christian. Councilwoman Bennington agreed. Motion CARRIED 5-0. Appointment of City Clerk - Mr. Johnson stated a Council member requested this be placed on the agenda. Councilwoman Bennington stated they've had an Acting City Clerk for about 18 months and per the Charter it states Council will appoint the City Clerk, but she wasn't sure if the City Manager ordinance supersedes this. City Attorney Alvarez replied it1s a Council appointment and a Charter officer. Councilwoman Bennington stated in the crises they made the Deputy City Clerk the Acting City Clerk and then Acting City Manager and it1s 4 Council Regular Meeting Minutes August 7, 1989 'w' ...., NEW BUSINESS (Continued) Appointment of City Clerk (Continued) time to take affirmative action and make her City Clerk with all the benefits that go with it. She moved to appoint Susan Wadsworth as their City Clerk. Councilman Gold seconded the motion. Mayor Mitchum pointed out the position will not be covered by the union. Councilman Hatfield asked if they have to negotiate a contract. City Attorney Alvarez agreed, adding it's a Council decision and Susan Wadsworth is probably considering similar benefits as the past City Clerk who didn't have a contract, but it's up to Council. Council- woman Bennington withdrew her motion. Councilman Gold withdrew his second. Councilwoman Bennington moved they negotiate with Susan Wadsworth on the appointment of the position of City Clerk and that the City Manager handle the negot iat ions for them on their behalf. Mr. Johnson pointed out Susan Wadsworth is on vacation at the next meeting so it will be the second meeting before they have a report. Councilman Gold seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Ord. 89-0-12 Amendina Sections 200.00. 7-324. and 7-325 re: screen pool enclosures (Tabled Ju1v 17. 1989) - Councilwoman Bennington moved to take it off the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mr. Johnson stated this was tabled with a request that Dennis Fischer be present and he'll answer any questions about the ordinance. Counc i lwoman Benn i ngton asked what the 1 anguage was based on and how he determined it was acceptable. Mr. Dennis Fischer, Building Official, replied the current ordinance requires all pools be enclosed with a fence or wall or acceptable screen enclosure at least four feet high and no higher than six feet. He pointed out the language as written does not clearly define what acceptable screening is. Councilwoman Bennington asked if the screen room is wi th vert i ca 1 sand hor i zonta 1 s ho 1 ding the screen together. Mr. Fischer replied the definition is a description of a pool enclosure taken from the Aluminum Association of Florida. Councilwoman Bennington questioned if the vertical and horizontal is enough safety when it says a fence four foot high. Mr. Fischer asked if she questioned if the screen is safe from penetration. Councilwoman Bennington stated the screen is not safe for small children or animals, and if they have the pool they should have the four foot fence. Mr. Fischer pointed out the aluminum screen is designed for better than 100 mile per hour wind force and a high level screen would stop intrusion. There was discussion about height of the fence. Councilwoman Bennington expressed her concern with safety since Central Florida has drowning as the number one cause of deaths of children and she doesn't feel screen is a substitute for a fence. Mr. Johnson asked about the State requ irement for fences for poo 1 s. Mr. Fischer replied he's not familiar with that. Mr. Johnson stated he doesn't think a screen should replace a fence and a screen won't stop a child. Mayor Mitchum pointed out every pool on the beachside would require a fence if that were the case. There was discussion about cities not requiring it. Councilwoman Bennington stated there are pools in the City with only a screen enc 1 osure and not a fence. Mr. Fischer agreed there were many of them. Councilwoman Bennington asked if it was a judgement call. Mr. Fischer replied the ordinance states Ilor acceptable screen", and in Section 7.125 it stated that acceptable screening would mean an aluminum screen pool enclosure. City Attorney Alvarez stated that if Council wishes. they could have every pool should have a fence or a wall, and at the option of the owner, it could be in addition to have a screen enclosure, and language could be changed on page 2. He suggested the language be "All screen pools constructed in a yard shall be completely enclosed with a fence or wall. In addition, an acceptable screen pool enclosure may be installed." Councilman Hatfield and Councilwoman Bennington agreed to this change. Councilman Fish asked about the five foot from a building and easement or ten foot from the property line since some people want the pool partially or fully enclosed in their dwelling. Mr. Fischer explained the engineering term of angle of repose regarding excavation work so that it doesn't undermine the foundation. Councilwoman Bennington pointed out the way the ordinance is written they couldn't do it at the time of construction. Mr. Fischer agreed 5 Council Regular Meeting Minutes August 7, 1989 'W' .."" ORDINANCES. PUBLIC HEARINGS & RESOLUTIONS (Continued) First Reading: Ord. 89-0-12 Amending Sections 200.00. 7-324. and 7-325 re: screen pool enclosures (Tabled July 17. 1989) it's written for pools to be installed after the house is built. Council- woman Bennington asked how it would be handled if someone wanted it. Mr. Fischer replied it would require separate engineering. There was discussion regarding the walkways or decks around the pools. Mayor Mitchum stated he doesn't think it will be limiting anyone from building within a walled structure. Councilman Hatfield suggested they include something as a special exception in the ordinance. Mr. Fischer stated he found a problem with "whichever is greater" for the distances and they have a contradiction from 10 foot and 12- 1 /2 foot to the property 1 i ne. He rev i ewed some of the possible problems. City Attorney Alvarez asked if deleting the three words would correct it. Mr. Fischer replied yes. Councilwoman Bennington moved on Section 2, B., strike "whichever is greater" and Section 7-325 add "In addition, an acceptable screen enclosure may be installed" with those amendments. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 89-0-19 Increasing lot shes and floor areas for duplexes in R-4 district. deletinq duplexes as special exception in R-3 district -City Attorney Alvarez read this Ordinance. ORD. 89-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTIONS 602.05, R-3 SINGLE FAMILY DISTRICT (c) "SPECIAL EXCEPTIONS" BY DELETING DUPLEXES AS A SPECIAL EXCEPTION AND AMENDING SECTION 603.01 R-4 MULTI-FAMILY DISTRICT (a) "PERMITTED USES" BY ALLOWING AND REGULATING DUPLEXES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved they accept 89-0-19. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-20 Deleting Section 3.7 (b) of Code re: billboards due to conflict wUh Section 701.01 prohibUed signs - City Attorney Alvarez read this Ordinance. ORD. 89-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 3-7 (b) "BILLBOARDS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING SAID SECTION FROM THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of 89-0-20. Councilman Fish seconded the motion. Councilwoman Bennington asked if the billboards in the City now will be grandfathered or how it will be handled. City Attorney Alvarez replied removal is a different matter. Motion CARRIED 5-0. Ord. 89-0-21 Deleting requirement that miniwarehouses be only 20th to 30th Street along FEC railroad tracks - City Attorney Alvarez read this Ordinance. ORD. 89-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 200.00 "INTERPRETATIONS OF CERTAIN TERMS AND WORDS" BY REMOVING THE REQUIREMENT THAT MINIWAREHOUSES BE ALLOWED ONLY ALONG THE FEC TRACKS FROM 20TH TO 30TH STREETS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 89-0-21. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 89-0-22 Amending regulations for miniwarehouses. allowing as permitted use in 1-1 instead of special exception. allowing one office unit per facility City Attorney Alvarez read this Ordinance. ORD. 89-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING. SECTIONS 606.01 (b), SECTION 607.00 (b), AND 607.01 (b) "PERMITTED USES" BY REGULATING MINIWAREHOUSES; BY ALLOWING THEM AS PERMITTED USES IN INDUSTRIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept 89-0-22. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum suggested they move item 7.B. up to this point on the agenda. No Council member expressed an objection. UNFINISHED BUSINESS Appointment to fill vacancy on Industrial Development Board due to resignation of Vincent Azzarello (From June 19. 1989 meeting) - Councilman Fish moved they take 89-R-43 off the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. 6 Council Regular Meeting Minutes August 7, 1989 ~ ",.., UNFINISHED BUSINESS (Continued) Appointment to fill vacancy on Industrial Development Board due to resianation of Vincent Azzarello (From June 19. 1989 meetina) (Continued) Counci lman Hatfield nominated Agnes Rymsza. There were no other nominations. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS Res. 89-R-43 Appointment to Industrial Development Board due to resianation of Vincent Azzarello - City Attorney Alvarez read this Resolution. RES. 89- R-43 - 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 HERE- WITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Agnes Rymsza for a term to end April 23, 1991. Councilman Hatfield moved they accept Resolution 89-R-43. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 89-R-57 Appointment to Citizen Code Enforcement Board (Don Benninaton Vacancy) - City Attorney Alvarez read this Resolution. RES. 89-R-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT 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 PRO- VIDING FOR AN EFFECTIVE DATE. He inserted the name of James R. Norris for a term to end May 18, 1991. Councilman Hatfield moved they accept 89-R-57. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Res. 89-R-58 Appointment to Citizen Code Enforcement Board (Phil Williams dec1inina) - City Attorney Alvarez read this Resolution. RES. 89-R-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT 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 PRO- VIDING FOR AN EFFECTIVE DATE. He inserted the name of John Christian, Jr. for a term to end May 8, 1990. Councilwoman Bennington moved they accept 89-R- 58. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 89-R-59 Acceptance of Southern Reserve P1annina Area Water & Wastewater Master Plan - City Attorney Alvarez read this Resolution. RES. 89-R-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING THE SOUTHERN RESERVE PLANNING AREA WATER AND WASTEWATER MASTER PLAN DATED JULY, 1989; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept the Southern Reserve P 1 ann i ng Area Water and Wastewater Master Plan. Counc ilwoman Benn i ngton seconded the motion. Motion CARRIED 5-0. Second Readina (Public Hearina): Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 89-0-18 Amendina Ord. 88-0-11 re: Council concurrence with City Manaaer1s hirina of Department Heads - City Attorney Alvarez read the Ordinance. ORD. 89-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-4, "POWERS AND DUTIES" (1) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REQUIRING THE CONCURRENCE OF THE CITY COUNCIL FOR THE APPOINTMENT OF DEPARTMENT HEADS; CON- TAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked for audience input. There were no comments. He requested a motion to go from the public hearing back to the regular meeting. Councilman Gold so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington stated there will be some things the Charter will clear up and she moved to TABLE this until after the referendum. Councilman Hatfield stated held like to go ahead with it and if they have a change with the new Charter they'll deal with it at that time. Councilwoman Bennington noted they brought this up because of problems in the past. Mayor Mitchum 7 Council Regular Meeting Minutes August 7, 1989 'W' ...., ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Second Readina (Public Hearina) (Continued) Ord. 89-0-18 Amendina Ord. 88-0-11 re: Council concurrence with City Manaaer's hirina of Department Heads (Continued) agreed it was from problems in the past. He questioned if the need now exists. Councilman Fish stated he doesnlt think they should turn back now and if there are changes with the Charter that would affect this ordinance they can change it then. City Attorney Alvarez pointed out that if the Charter language as proposed is approved and also this ordinance is adopted, they'll have a conflict. He said if the referendum passes, it will take care of the matter and if not, or if the problem occurs, they can revisit the issue. Councilwoman Bennington agreed. Mayor Mitchum passed the gavel to Vice Mayor Gold and seconded the motion. Motion DID NOT CARRY 2-3. Councilmen Hatfield, Councilman Gold and Councilman Fish voted NO. Vice Mayor Gold returned the gavel to Mayor Mitchum. Councilman Hatfield moved they accept Ordinance 89-0-18. Councilman Gold seconded the motion. City Attorney Alvarez requested direction because they'll have to change the proposed Charter. Councilman Fish suggested they deal with it at that point in time. Mr. Johnson requested a clarification of what is meant by concurrence, and if they would concur with firing or appoint- i ng Department Heads as there I s a conf 1 i ct between the ord i nance and the Charter provision. He said he's seen the word confirmed and asked if it goes as far as appointing and firing. Councilman Gold replied it's just appoint- ment of Department Heads. Councilman Hatfield explained that when he hires someone for a position they concur or not and he has authority in firing. He noted that they'd talked about this during his negotiations. Mr. Johnson said that was confirming appointments and he has a problem with the definition of concurrence, and if they don't concur with the appointment helll have to go back and find someone else. Councilmen Gold and Councilman Hatfield agreed. Motion CARRIED 3-2. Mayor Mitchum and Councilwoman Bennington voted NO. UNFINISHED BUSINESS Request for refund of $100 fee for site plan review of $150 storaae shed at 1804 Hibiscus Drive (Tabled July 17. 1989) - Mr. Johnson stated this was tabled for additional information and Mr. Bowman has provided that and it's still the City's recommendation that they reject the request due to the time administratively that was put into researching the item and the $100 fee not be refunded. Councilman Hatfield moved to remove it from the table. Council- man Fish seconded the motion. Motion CARRIED 5-0. Paul Bowman, resident of New Smyrna Beach and property owner at 1804 Hibiscus, stated itls an overcharge of the $100 fee for a $150 shed, especially since after the fact the rule was made that it would require site plan review. He said there are similar buildings and helll bring other buildings to their attention. Councilwoman Bennington moved they accept the City Manager's recommendation with alternative 3. She added that shels sorry Mr. Bowman was caught in the middle and if there are instances he cited they need to be corrected also. She added they had a great deal of administrative costs involved in this project. Mayor Mitchum asked if they'll look at each of the instances that she mentioned needed correction. Councilwoman Bennington replied that it's a commercial zoning and the Code Enforcement should bring them up. Councilman Hatfield seconded the motion. Mayor Mitchum agreed he was caught in the middle and he thinks he should get his $100 back. Motion CARRIED 3-2. Mayor Mitchum and Councilman Fish voted NO. COUNCIL/OFFICERS REPORTS City Attornev - City Attorney Alvarez stated an accident occurred in May of 1987 with two automobiles and one of the reasons was failure to see a stop sign that was obscured by vegetation and that statement by the employee placed the City in liability. He said the initial demand was in excess of $5,000 and it was settled for $3,000 and it wasn't worth it to litigate. He recommended they settle it for $3,000. Councilwoman Bennington moved they accept the Attorney's recommendation. Councilman Fish seconded the motion. Motion CARRIED 5-0. 8 Council Regular Meeting Minutes August 7, 1989 . .. ~ ."", COUNCIL/OFFICERS REPORTS (Continued) City Attornev (Continued) City Attorney Alvarez stated that Counci lwoman Bennington brought up the question of billboards and schedules for enforcement and he could prepare an updated memo of law and submit it to the City Manager and the Land Development and Regulatory Agency based on existing case law. Councilwoman Bennington moved they authorize the City Attorney to proceed with that. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. City Manaaer - Mr. Johnson had no report at this time. City Council - Councilwoman Bennington stated there was a request from the Literacy Council and she's on the Board of Directors and she wanted Council to be aware of it when they go into budget workshops. QUESTIONS FROM PRESS Patty Pollard, News Observer, asked if Ordinance 89-0-18 included changing the language from concurrence to confirmation. Mayor Mitchum replied not as it was stated. Jennifer Halperin, News Journal, asked if the fences around swimming pools would be retroactive if enacted and if people with only screens would not have to put up a four foot fence. City Attorney Alvarez replied no. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Fish so moved. Councilman Gold seconded the motion. Meeting was adjourned at 9:16 p.m. Minutes submitted by: Lura Sue Koser Excused ~ COU~ - ZONE THREE ~. . ZtU./~ COUNCILMAN - ZONE FOUR ..~~" /" ,/ ATTEST: J~J.~ ACTING CfTY CLERK (~ 9 Council Regular Meeting Minutes August 7, 1989