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03-21-1983 - Regular ~ u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING MARCH 21, 1983 MINUTES Mayor Richard McKillop called the Regular Meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Excused Present Present Present City Attorney Josel Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. Approval of Minutes Councilman Spencer moved to approve the minutes of the Special Meeting of Feb. 24, 1983. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to adopt the minutes of the Regular Meeting of March 7, 1983. Councilman Spencer seconded. Motion CARRIED 4-0. Councilman Asting moved to adopt the minutes of the Special Meeting of March 10, 1983. Councilwoman Bennington seconded. Motion CARRIED 4-0. Bills and Accounts The City Clerk read the list of the supplemental bills and accounts. Councilman Asting requested that the Fire Department be advised of the proper purchasing procedure. Council- man Asting moved to pay these supplemental bills. Councilman Spencer seconded. Motion CARRIED 4-0. Councilman Spencer moved to pay the regular bills and accounts. Councilman Asting seconded for discussion. Councilwoman Bennington question the $996. bill to Hansen & McCallister for road materials. It was clarified that this was for shell. Councilwoman Bennington questioned the bill to Lindley's Nursery for promotional activities. The City Clerk advised this is for the Parks and Recreation Department for small plants~at the ballfield. Councilman Spencer said it's possible this would be the ones around the .plaque for Jim Hogan. Councilman Asting questioned the bill for Frank Hall Plumbing for vehicle repairs. The City Clerk said this was for a 2" thread for the Fire truck. Motion CARRIED 4-0. Miscellaneous John Wharton, 1531 Riverside Drive, stated he wanted to make a request for an accounting set up to properly record the payment of the road paving and the money received from the property owners is properly accounted for so the other property owners do not get short changed. He referred to a discussion he had with Councilman Spencer and the understanding of the amount the taxpayers will be paying. Carl Cochran thanked Council for authorizing his attendance at the Planning and Zoning Seminar in Orlando. He reviewed impact fees which were discussed at the seminar,and said he would make his report to the Zoning Commission. Mayor McKillop suggested that he also report to the Planning Commission since their representative was ill and could not attend the seminar. Walter Gross, 909 Lake Avenue, referred to the newspaper article submitted by a chairman of one of the City boards. He felt this was unethical. He questioned a Council member's trip to Tallahassee and asked the benefit to the City. He asked the City Clerk if there were receipts for the expenses for this trip and the City Clerk replied he would have to check with the Finance Director for this information. Mrs. Opal, Pine Tree Drive, asked why they wanted to rescind the appointment of her husband to the Planning Commission when two men on the board do not even know him and one is not an American citizen. ~ ~ u George Brand, Unity Tree Drive, spoke to Council about hiring a part-time engineer and a building official and asked if both positions could be combined. He asked the City Attorney if this is legal. City Attorney Alvarez replied that if the positions were man- dated by the Charter then it cannot be combined, and he felt there might be some difficulty in holding two offices. Frank Opal, Florida Shores, asked the status of the information he had submitted to the City lb Attorney about two months ago on 7A of the Charter. There was a discussion between the City Attorney and Mr. Opal regarding the objective of the request. Mr. Opal asked why the agenda was not advertised in the newspaper and Mayor McKillop said it was decided by Council not to put it in the newspaper but to post it in various areas. Mr. Opal asked why the referendum was not on the agenda and the City Clerk clarified that it would be on the 28th for a public hearing. Kirk Jones, 428 Perdita, spoke to Council as a member of the Parks and Recreation Board and called Council's attention to the request for the City to take over the athletic program. Councilman Asting stated that it's on the agenda and asked if it could be moved up since this discussion was on this subject. Mayor McKillop suggested we finish the Miscellaneous section and then move it up at that point. Councilman Asting agreed to this. Kirk Jones continued that if the City gets involved, we will be eligible for matching grants and he feels we can build a very good program. Councilman Asting moved that 8.C. on Parks and Recreation Board be moved up to this point of the meeting. Councilman Spencer seconded. Motion CARRIED 4-0. Parks and Recreation Board - Request for City to Assume Athletic Program - Councilman Spencer moved that the City authorize the Parks and Recreation Department to take over the athletic program for the City. Councilman Asting seconded for discussion. Councilwoman Bennington suggested adding to the motion that the E.A.A. act as a funding agent. Councilman Spencer agreed that is correct. Councilman Asting thinks we need some kind of director for the program and suggested Mike Avery would be most logical until a recreation director can be appointed. He said we need someone who is really interested in such a position and is willing to devote the time to it as it's a program designed for evenings. Councilman Spencer felt the Parks and Recreation should be congratulated on the good job they are doing. Mayor McKillop said he would like to see a draft of just how it's set up and where the responsi- bilities will fall and would like to see by-laws as to how they will inter-relate. Councilman Asting said if Mr. Avery takes over for the present time, by-laws would not be appropriate. Mayor McKillop questioned an employee being asked to take over even on an interim basis and Councilman Asting stated there is only baseball activity now. Kirk Jones said that Mike Avery is doing a real good job and for now it consists mostly of making up schedules. Mr. Jones said the E.A.A. wants the City to take over the athletic program and E.A.A. will just get money together. Mayor McKillop asked if E.A.A. is going to be the funding agent, with City people administering all the program and the funds would be turned in to the City. Kirk Jones said E.A.A. is supplying the equipment and baseballs, etc. Councilman Spencer withdrew his original motion. Councilman Asting withdrew his second. Councilman Spencer moved that the Parks and Recreation Board be authorized by the City Council to be responsible for the athletic program for the City of Edgewater and that within one month the Parks and Recreation Board will provide to City Council a written statement of how they are conducting the program and their relationship to E.A.A. so they will all understand and the E.A.A. shall be the voluntary citizens organization for funding the recreation. Councilman Asting asked that they consider for the motion that Mike Avery be designated as the temporary director. Councilman Spencer said as part of his normal activity and they aren't asking Mr. Avery to work 60 or 80 hours a week. Councilman Asting seconded. Motion CARRIED 4-0. Proposals from Auditing Firms - Mayor McKillop said that they do not have full Council on the proposals and asked Council's wishes on this subject since members of the auditing firms are in the audience. Councilman Asting moved that we move it up and consider it at this point of the meeting. Councilman Spencer seconded. Motion CARRIED 4-0. Councilman Asting moved to TABLE these proposals from the auditors applying for the job as City auditors until we have a full Council present to consider this matter. Councilwoman Bennington seconded. Motion CARRIED 3-1. Councilman Spencer voted NO. Council/Officers Reports/Boards and Committees Councilman Asting said there is a lot of talk among the people about having a non-citizen serving on our municipal boards. He said while non-citizens are entitled to certain privileges enjoyed by our citizens they do not have the right to vote and they cannot be registered voters. He doesn't think that any non-citizen should serve on a City board and have the right to vote for a municipal action. He said he would like to see the appointment of Ken Winter to the Planning Commission be rescinded. Councilwoman Bennington stated that Councilman Asting had voted for Mr. Winter's appointment.and Councilman Spencer said that the resume' submitted by Mr. Winter had stated he had applied for citizenship. -2- Regular Council Meeting Minutes March 21, 1983 u u Councilman Asting asked the City Attorney what his research on the matter had turned up. The City Attorney said that the Supreme Court of the United States spoke on this issue and said that a muncipality may not exclude lawfully admitted resident aliens from public employment and went on to say, however, citizenship requirements may be imposed on elective or important non-elective executive, legislative and judicial positions for officers who participate directly in the formulation, execution or review of broad public policy or perform functions that go to the heart of representative government. Therefore, it is up to the State and the individual municipal government to impose its own citizenship require- ments for elective offices or appointive offices which are close enough to the governmental process. Councilman Asting said he made a motion to rescind the appointment of Ken Winter as a member of the Edgewater Planning Board. Motion DIED for lack of second. Mr. Frank Opal called a point of order and referred to general, primary and special elections, Chapter 100.241 on freeholder voting. Councilman Asting moved that the City Attorney be directed to prepare an ordinance stating that only citizens be authorized to serve on City boards in Edgewater. Motion DIED for lack of second. 2a Mayor McKillop spoke on the drainage problems in the various areas. Superintendent of Public Works Earl Copeland spoke to Council on the sizes and locations of the culverts in these areas. There was reference to the situation on railroad property where there was blockage that caused the water flow to stop. Mayor McKillop suggested that Council direct the City Clerk to contact the railroad personnel and tell them of our problems and obtain permission to get in there and clean the canal out to get the water flowing. He suggested getting in touch with Briley, Wild since they did the original drainage study and ask them to assure us that it is still adequate to handle all the development that's occurred since the study. Councilman Spencer moved that Council follow the instructions as indicated by the Mayor and contact Briley, Wild to see that the plan is the latest plan and is adequate to handle the present construction, that the FEC is contacted relative to getting the canal cleaned up from their property and that the Superintendent of Public Works, Earl Copeland, be requested to clean the canal and ditches and free the culverts that are currently blocked. Councilwoman Bennington seconded for dis- cussion. There was a discussion as to the accessibility of the property owned by the railroad. Councilwoman Bennington suggested that before we do that we should get an estimate of the cost to the City. Mayor McKillop said he didn't intend to have another study, just to seeif it is adequate for now. Councilwoman Bennington expressed concern that we might be setting a precedent by cleaning the railroad's property, and said that if we get permission, we should get it for an indefinite term. Motion CARRIED 4-0. The City Clerk referred to another problem with drainage and distributed to Council a copy of a letter from a resident on West Palm Way. There is a problem with a ditch along his property. The propert~ was developed by Mr. Pilch. and there was a pipe along this ditch to help the runoff. The pipes were not installed correctly and she had contacted Mr. Pilch's office and was told they would fix this. Nothing has been done yet and she suggested that Council send this to the Building Code Board since they deal with developers and this not only affects this property but also neighboring property. Councilman Asting asked if the Building Code Board is able to make a decision. He moved as a Council they would send a letter to Mr. Pilch asking or directing that the matter be corrected within the next week. and when the job is finished and before the ditch is covered that he notify Earl Copeland and Earl can go and look at it. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Mr. Hyser, resident of the property, asked to speak to Council and thanked them for reviewing the matter and said that the problem is the pipe is full of mud. City Attorney's Report City Attorney Alvarez said on his litigation, the motion to dismiss is set for a week from tomorrow and to date he hasn't had a reply from the insurance company. He had distributed copies of the Eastern Shores communication to the Council and will keep them informed as it develops. Regarding re-zoning of Old County Road, he has met v/ith the land surveyor and had reviewed the records in the County. He'd also had a conference with the attorney for Mr. Stuckey and had visited the property. He is doing the research now and will recommend shortly to have a special meeting to continue the matter of Council deliberations. On Pelican Cove West regarding the 5% contribution, he gave a copy of the correspondence to Council and said he will have to wait to make recommendations for a reply from their attorney plus a clarification from the prior City Attorney. On the opinion from the Commission on Ethics, this is now final and the draft he presented to Council earlier is the official opinion. He has received a request from David Severance to inquire from the Attorney General as to his ride sharing problem. His initial research indicates that if he does not discuss any items before the Board or in which foreseeable action may be taken by the Board there would be no violation of the Sunshine Law. He will request an opinion and advise Council. -3- Regular Council Meeting Minutes March 21, 1983 u u City Attorney's Report (continued) The City Attorney said he had received a request from Councilman Spencer on the legal ramifications as pertains to the different options available to the City in financing the road paving project,and on the annexation request south of the City, he has dis- cussed the matter with Attorney Jeff Clark and said they are going to go through voluntary annexation. He reviewed the voluntary annexation process and said he will submit something in writing on this. City Attorney Alvarez said he has copies of the landscape and tree preservation ordinances from throughout the State and he is preparing these and will try to incorporate board language as much as possible and will bring this back to Council 2b as a draft. He reviewed the legislation he had for Council for this meeting. He stated that the next resolution on the paving project is the one accepting the project and due to the discussion on the quality of the work, he will hold off on that resolution until directed by Council. City Attorney Alavarez had a memo addressed to the Mayor in reply to his March 14th memo and he asked that it be read into the record. The City Clerk read the City Attorney's memo regarding SP-8228, the drive-through grocery. Mayor McKillop and City Attorney Alvarez discussed this issue. Mayor McKillop stated he is concerned that this process not be repeated in the future. There was a discussion regarding the changing of the ordinance. Councilman Asting moved that any action by any City boards where a decision is made by them should come to City Council for final approval. Mayor McKillop passed the gavel to Councilwoman Bennington and seconded the motion for discussion. Councilman Spencer felt the motion is too broad and if it's restricted to variations not covered by the zoning ordinance he would consider it but not all matters that affect the City. Mayor McKillop said that any time there is a deviation from the zoning ordinance that the Planning Board serves as a recommending body to either the Board of Adjustments or the Council. Council- woman Bennington said the Council has the right to make an ordinance change and doesn't have to have a recommendation from a board. Motion DID NOT CARRY 1-3. Councilwoman Bennington, Councilman Spencer, and Mayor McKillop voted NO. Walter Gross called a point of order and asked the City Attorney if the ordinance in the City that states that any recommendation made by the Planning Commission must go to the Council is still in effect and asked the City Attorney to look into this. Councilwoman Bennington suggested that since there is a question on this subject, they do the ordinance change rather than send it back to the Board. Mayor McKillop said he'd rather send it back to the Board to see what improvement they can make for the code and so they can make future recommendations, not only on this one, but on this type of projects. 3a Councilwoman Bennington moved that this go back to the Planning Commission. Councilman Spencer seconded. Motion CARRIED 4-0. City Attorney Alvarez replied to Mr. Gross's request and said the ordinance is 82-0-3 which creates and establishes the Edgewater Zoning Commission and Edgewater Planning Agency. The body refers to the Edgewater Planning Commission and spells out the different duties and authorities of the Commission and some do come before the Council and seems to grant the Commission the power but isn't quite spelled out. Mr..Gross said he didn't think this is sincere and this is the second time a problem has come up with this Board and he feels everything should come before this Council. There was a recess called at 8:58 PM. Meeting called to order at 9:07 P.M. City Clerk Reports City Clerk Nancy Blazi read her reply to Council on the status of the law books and the Code Book and Comprehensive Plan. These were among the inventoried items transferred from the former City Attorney's office to City Attorney Alvarez's office in Deland. She said the former City Attorney advised her that the books in his possession the evening of the public hearing had been given to him by a previous client five or six months before he became the City Attorney. Mayor McKillop asked that she find out the individual.s name. The status of the citizenship of Mr. Winter, a member of the Planning Commission, had been discussed previously. The City Clerk had contacted Mr. Ken Millard regarding the bill for the use of the composing room at the News & Observer. She felt it was a legitimate bill incurred by the City. Councilman Asting felt the News and Observer should pay the bill and not the City. Councilwoman Bennington moved that we pay this based on the City Clerk's recommendation I that it's a legitimate expense incurred by the City. Councilman Spencer seconded for dis- I cussion. There was a discussion regarding the minutes of the Charter Review Commission meetings. Motion CARRIED 3-1. Councilman Asting voted NO. -4- Regular Council Meeting Minutes March 21, 1983 City Clerk Reports (continue~ On the drainage of the new buildings on U.S. 1, the County has come and looked at it and Hall IS building seems to have sufficient drainage in the front but he felt the back should have some drainage. It was called to her attention that if the drainage in the front of the building stays the way it is, it eliminates some of the parking areas and what appears to be entrances into those parking areas, and would throw the building into non-conformity. The County requires that you retain 111 of water on your property and he has swales in the front and the man suggested swales be put in the back. She said Mr. Hall does have a permit from the State to drain onto U.S. 1. She said there was no charge from the County for them to come and look at this but if there is any engineering, there will be a cost. Mayor McKillop said it appears if they leave whatls there they will have a problem meeting their parking requirements. He said theylll either have to put in trench drains or take some kind of action to bring his plans into conformance. He felt we should contact the developer and let him know welre looking at these plans and that the County has looked at it.Councilman Spencer asked the County manls report on the drive-through and the City Clerk said that is not yet completed. Councilman Spencer moved that the Acting City Administrator contact the owners of both the properties on U.S. 1 and New York Avenue and inform them of the report of the County Inspector who was here and request their cooperation in meeting his requirements. Councilwoman Bennington seconded. Motion CARRIED 4-0. u The City Clerk advised there was no reply from former Councilman Lodico regarding the reimbursement to the City for the prescription card use. Councilman Spencer asked the City Attorney the process for small claims court. City Attorney Alvarez said the cost would be about $60. Mayor McKillop felt we should pursue this. Councilman Spencer agreed and moved that we instruct the City Attorney to take Mr. Lodico to the Small Claims Court and collect our $56.82. Councilwoman Bennington seconded. The City Attorney said he will send him a certified letter with return receipt requested and give him sufficient time to pay and so many days to respond. If he doesn't hear from him through the collection agency, then helll file the complaint. Motion CARRIED 4-0. The City Clerk reviewed the salaries paid to the Building Official for the past four years and stated the Building Code Board would be holding a workshop the following morning to review the applications and recommend the choices to Council. Councilman Spencer moved that the City hire a Building Official as a City employee. Councilman Asting seconded. Mayor McKillop noted that the present Building Official was responsible for his own assistant and his own vehicle expenses and his vacation periods and there were no fringe benefits. 3b He asked if the motion was flexible if it is cheaper to go on a contract. Councilman Spencer said he did not intend it to be flexible. Motion CARRIED 4-0. The City Clerk said the amount paid to Briley, Wild for the road paving project was $19,667.62 as of March 16, 1983. Mayor McKillop questioned how this was broken down. The City Clerk said sheld get this information. The City Clerk stated that her temporary position was for 90 days and this period has expired and she asked Council's wishes for an administrator to handle the daily operations of the City. She expressed her willingness to continue on a temporary basis and asked that if Council decides to do this, she would like to have an addition to the resolution in Section 3. which prohibits any firing or hiring to include IIwithout the recommendation of the supervisors and/or department heads.1I Councilwoman Bennington moved that we continue this for 30 days until April 20. Councilman Asting seconded for discussion and said he felt the period should be extended until after the election on the referendum. Councilman Spencer suggested the temporary assignment be continued until Friday, May 13th, which is right after the referendum. Mayor McKillop asked if the recommendation for the addition was included. Councilwoman Bennington said in the motion she wanted to add IIwithout the recommendation of the supervisors and/or department headsll. Mayor McKillop asked the intent of that and the City Clerk said that at this point in time the intent is not clear as to whether or not they have any authority to recommend hiring or firing anyone. Councilman Spencer said the Acting Administrator should inform the Council of any action that involved any hiring or firing and require approval in the case of department heads. The City Clerk said this does not cover the department heads. Councilman Asting.withdrew his second. Council- woman Bennington withdrew her motion. Councilwoman Bennington moved to reinstate 83-R-l to read IInot to exceed May l3thlland that Section 3. say furthermore, these temporary desig- nated duties do not include any firing or hiringllwithout the recommendation of the supervisors and/or department heads and notification to Council.1I Councilman Asting seconded the motion. City Attorney Alvarez asked for clarification of the notification to Council and asked if this is prior to the action. Councilwoman Bennington said it would be prior to any action. Councilman Asting said that is acceptable to his second. Motion CARRIED 4-0. Councilwoman Bennington asked to be excused due to illness. Council agreed and she left the meeting at 9:42 P.M. -5- Regular Council Meeting Minutes March 21, 1983 , ~ Q Communications Robert Christy, 1916 Evergreen Drive, spoke to Council on the subject of speaking at Council meetings. He said he brought this subject up before. He said his second subject was the books of the City and Mr. Henderson. He said he had employed Mr. Henderson as an attorney and he loaned him his book which he returned and was given to the new Mayor. He asked Mayor McKillop if he had this book. Mayor McKillop said he has a Code Book that he was told formerly belonged to Mr. Christy. The third subject was on the Charter and he referred to an article in the March 18, 1983, edition of the Daytona News Journal. He said he is questioning the legality of the Home Rule Law in this City and if it's been practiced since 1966, therefore, it would make the Charter of 1963 the valid Charter of this City. Petition re: Fence on Valencia Drive - The City Clerk read the petition from residents of Valencia and Rio Vista Drives which requested Council consider the situation of a privacy fence erected in their area. Mayor McKillop said the proper action for Council would be to refer this to the Code Enforcement Board to see if there has been a violation. Councilman Asting moved to send this matter to the Code Enforcement Board for their investigation and action if appropriate. Councilman Spencer seconded. Glenn Jones, 446 North Riverside Drive, spoke to Council. as he was the one of the property owners they're petitioning against. He said he received a permit to build this fence and that Mr. Murphy approved it as that was designated as his back yard property. He referred to the amount of property taxes paid by him and his mother in comparison to neighboring properties.and said he didn't understand how they could be considered to be devaluating properties. Mayor McKillop read from Section 705. of the Code, regarding corner lots. Mr. Jones asked what he could do if he was given the permit and it should not have been issued. Councilmafi Asting asked about the fence abutting the sidewalk and asked if that is the property line. Mr. Jones said that the stakes are the property lines. Motion CARRIED 3-0. Ordinances and Resolutions 83-0-7 Conflict of'Interest - The City Attorney read this ordinance. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO THE ADOPTION OF A CODE OF ETHICS FOR MEMBERS OF THE CITY COUNCIL, ALL APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA, AS ESTAB- LISHED BY PART III, CHAPTER 112, FLORIDA STATUTES (1981) AND PROVIDING FOR PRIOR ANNOUNCE- MENT OF'VOTING CONFLICTS, CONTAINING A REPEALER-PROVISION; A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. He read Sections 1 and 2 which stated the standard of conduct shall be governed by Part III, Chapter 112, Florida Statutes, and the addition of the clause to announce the voting conflict as soon as itls known that there was a conflict. Councilman Spencer moved to adopt this ordinance. Councilman Asting seconded. Mayor McKillop asked if the language is the same one according to State Statutes. City Attorney Alvarez said it is, and you have to announce it here and then comply with State Statutes and file the conflict 'of interest within 15 days. Motion CARRIED 3-0. 83-0-8'Zero Lot Lines- The City Attorney read this ordinance. AN ORDINANCE AMENDING ARTICLE VII, SECTION 718.00, ZERO LOT LINES, OF THE EDGEWATER CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING PARAGRAPH (1) TO PROVIDE FOR ZERO INTERIOR SIDE YARD OF ADJOINING STRUCTURES, AND PARAGRAPH (5) BY EXCLUDING SET BACK AREAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. There was a discussion regarding the new style duplex which does not have a 'common wall between the two building. City Attorney Alvarez said this should be clarified, and that Council has the authority to make the amendment now. Councilman Asting moved to refer this back to the Planning Board. Councilman Spencer seconded. Motion CARRIED 3-0. 83-0-9 Reinspection Fees - City Attorney Alvarez said the memorandum from the Building Code Chairman was not clear as to the reinspection, whether or not it would be the first rein- spection or second reinspection. There was discussion regarding Council IS interpretation of the additional charge for the reinspection. The City Attorney read this ordinance. AN ORDINANCE AMENDING ARTICLE II, SECTION 7-21, AMENDMENTS, SECTION 107.4 (f), REINSPECTION, OF THE BUILDING CODE OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE REINSPECTION FEE FROM FIVE DOLLARS TO FIFTEEN DOLLARS AND ADDING AN INCREASE OF FIVE DOLLARS FOR EACH ADDITIONAL REINSPECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND PRO- VIDING FOR AN EFFECTIVE DATt. Councilman Spencer moved to adopt at' first reading with verifi- cation from Board before second reading~ouncilman Asting seconded. Motion CARRIED 3-0. 83-R-27 Appointment to Board of Adjustment - David Severance - The City Attorney read this Resolution. A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY AS A MEMBER OF THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Section 1. That David Severance is hereby appointed to the Board of Adjustment of the City of Edgewater, Florida to fill a vacancy for a term to end August 6, 1985. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded. Motion CARRIED 3-0. -6- Regular Council Meeting Minutes March 21,1983 ~ u Ordinances and Resolutions (continued) 83-R-28 Change in Agenda Cutoff Date - The City Attorney read this Resolution. A RESOLUTION AMENDING SECTION 2. OF RESOLUTION NO. 81-R-3 PROVIDING THAT ITEMS FOR THE AGENDA MUST BE SUBMITTED IN WRITING TO THE CITY CLERK NO LATER THAN WEDNESDAY NOON PRE- CEDING THE REGULAR COUNCIL MEETING; REPEALING ALL RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded. Motion CARRIED 3-0. 83-R-29 Approving and Confirming Findings of Equalizing Board at 3/10/83 Assessment Hearing - The City Attorney read this Resolution. A RESOLUTION OF THE COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING AND CONFIRMING A FRONT FOOT ASSESSMENT ROLL PURSUANT TO A PUBLIC HEARING HELD ON MARCH 14, 1983, WHEREIN THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MET AS AN EQUALIZING BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO GIVE AN OPPORTUNITY TO THE OWNERS OF THE PROPERTY TO BE ASSESSED, OR ANY OTHER PERSON INTERESTED THEREIN, TO APPEAR BEFORE COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS AS TO THE COSTS THEREOF; THE MANNER OF PAYMENT THEREFOR; AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED; REPEALING ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved to adopt this Resolution. Motion DIED for lack of second. Councilman Asting moved to TABLE this Resolution for full Council to be present to act on it. Councilman Spencer seconded. Motion CARRIED 3-0. City Attorney Alvarez stated he will not proceed to work on the next resolution until the issue on the quality of the work on the paving is resolved. Unfinished Business Request to Rescind Appointment of Frank Opal to Planning Commission - This item had been tabled previously for full Council to be present. and full Council was not present at this meeting. Setting Workshop for Board of Governors, Community Center Usage, and Shuffleboard Maintenance - Councilman Spencer moved to remove the items from the table. Councilman Asting seconded. Motion CARRIED 3-0. Councilman Asting moved to schedule this item at our next Special Meeting at 6:30 PM on the 28th of March. This is for the consideration of the re~establishment of a Board of Governors. Council members felt the other two items would resolve themselves when this is determined. Councilman Spencer seconded for discussion. Councilman Spencer said he saw no need to create a new board for this purpose as it could be handled by the Parks and Recreation Board. Motion CARRIED 3-0. Mayor McKillop suggested tabling the community center usage and shuffleboard maintenance until the Board of Governors is resolved. Council- man Spencer moved to TABLE these two items. Councilman Asting seconded. Motion CARRIED 3-0. Persimmon Place Lift Station - Mayor McKillop suggested in the future when there is a City employee who is working all day he will move them up on the agenda. The City Clerk read the memo to Council from Mr. Terry Wadsworth, Superintendent of the Utilities Department. Councilman Asting directed that the City Clerk write to Mr. Arthur Poole and tell him what our requirements are and Terry Wadsworth will provide Mrs. Blazi the necessary information. Terry Wadsworth was in the audience and spoke to Council and advised that Mr. Poole has already been informed of the requirements. He said the cost to Persimmon Place will be between $6,500. and $7,000. for just the lift station.and he emphasized that this is for the lift station only. Councilman Spencer felt there should be an official letter from the City. Mayor McKillop asked the City Attorney what would be appropriate. The City Attorney asked Terry Wadsworth if this had happened before and Mr. Wadsworth said no. There was a discussion between Council and Mr. Wadsworth. Councilman Spencer moved that the City Clerk be so instructed as Councilman Asting had indicated. Councilman Asting seconded. Motion CARRIED 3-0. New Business Mayor McKillop re: Resume for Administrator - Mayor McKillop said that he had received a call from a Mr. Roger Alderman who has 10 years experience and has offered to serve as a con- sultant to any of the trouble spots we might have as well as similar to a one-man management team. He felt it was an option that should be made available to the Council. Councilman Asting did not feel it would be a good idea because if the referendum is defeated and they have to go for a City Manager, this man would have his foot in the door. -7- Regular Council Meeting Minutes March 21, 1983 ~ u Councilwoman Bennington re: Change in Voting Order - The City Clerk said that in the ordinances it states that the Mayor votes last so if you're changing the order of voting in which the Mayor does not vote last, yould need an ordinance to change it. The voting order of the different Council members could be changed as long as the Mayor voted last without changing an ordinance. Mayor McKillop stated he doesn't care how he votes and suggested Councilwoman Bennington could put this back on the agenda if she wants it. Councilman Spencer - Part-Time City Engineer - Councilman Spencer stated his recommendation for the City to hire a part-time City Engineer to handle routine projects. Councilman Spencer moved that the Acting City Administrator shall advertise for a part-time City Engineer to perform routine engineering work not requiring the services of the City's Engineering Consultants, and the minimum qualifications shall be that the individual shall be a registered professional engineer in the State of Florida in the field of Civil Engineering, have five years municipal engineering experience, be available on call within twenty-four hours from the City Administrator, and provide his or her own transportation. Councilman Asting seconded for discussion. Councilman Asting said he wanted to find out just how much it will cost and if they can save money, it will be well worth it. He said we could investigate and have the City Clerk advertise and then interview these people and find out just what it would cost. He said on a part-time basis we wouldn't have to pay any fringe benefits, just the hours they performed the services. Councilman Spencer noted for the previous fiscal year we paid the consulting engineers $80,000. and that varies year to year. Mayor McKillop suggested we get job descriptions first and find out from other cities what they pay part-time engineers and then determine if they want to advertise. City Attorney Alvarez said he looked at the agreement with Briley, Wild and there are certain sections :in the agreement that mandate that certain things will be done by Briley, Wild, however there is not a clear delineation. He said he has to look at the agreements for perhaps a re- negotiation of the contract. He also stated that we can select new engineers but you have to give them a gO-day notice. Mayor McKillop noted that the current Planning Supervisor is leaving the City's employ and they may have an indication to go for a City Planner. He said we may want to consider a Building Official, City Planner, and part-time City Engineer to have a professional staff in the Building Department and perhaps tie all three job descriptions together for a functional department. Councilman Spencer feels there is a real need for a part-time engineer but if they find the cost is exorbitant, they don't have to. Councilman Spencer said he was going to ask the City Attorney to inform Briley, Wild that we are taking this action. The City Attorney said this may require a re-negotiation of the agreement with Briley, Wild. Motion CARRIED 3-0. Councilman Spencer moved to instruct the City Attorney to obtain agreement of this action from the City Engineering consulting firm and the Acting City Administrator shall prepare a job description for the Council IS approval. Councilman Asting seconded the motion. Motion CARRIED 3-0. Councilman Spencer - Cash Management - Councilman Asting said the suggestion regarding the City increasing its interest income has already been done. Councilman Spencer agreed but he proposed that the Finance Director, with the aid of the City's auditing firm, be requested to prepare a set of specifications for banking services for review by the Council. The City Clerk said we need to wait for an auditing firm. Mayor McKillop asked for a written response from the Finance Director as to the necessary corrective action which was taken and have it for the next meeting. Change Order for Wells #4 and #5 - Mr. Terry Wadsworth, Superintendent of Utilities, talked to Council on this and said these are typical changes and that the engineers had notified the City by letter and he doesn't find anything abnormal. Councilman Asting moved to approve the change orders. Councilman Spencer seconded the motion. Motion CARRIED 3-0. Incorporation of Friends of the Library - Mayor McKillop read the letter from the President of the Friends of the Edgewater Library requesting the City's assistance with the incorporation of their organization. City Attorney Alvarez said they want the ability to raise money and incorporation alone will not help them. He said they need to obtain an advanced ruling from the IRS that they will have a tax exempt status for when they ask for donations. Councilman Spencer moved that the City Attorney provide the assistance to the Friends of the Edgewater Public Library. Councilman Asting seconded. Motion CARRIED 3-0. Tree Removal in Front of Library - The City Clerk suggested the two palm trees in the front of the Edgewater Library be removed due to the closeness to the power lines and the fact that they are bug infested. Councilman Asting moved that the City Clerk send a memo to the Street Department authorizing the hiring of a professional tree removal, go for bids, to remove those two trees in front of the Library. Councilman Spencer seconded. Police Chief Earl Baugh said that Florida Power and Light had requested that these be removed because of the power lines. Motion CARRIED 3-0. -8- Regular Council Meeting Minutes March 21 , 1983 ~ v u Request to Purchase Land from City at Umbrella parallel to 18th Street - There was a request from a Mr. Alex Chep10 requesting to purchase a 40 ft. piece of property which faces Umbrella Tree and runs parallel to 18th Street. Mayor McKillop asked the rules for a City selling property. City Attorney Alvarez said there are none and what he has done in the past is use the State Statutes. There are rules for the State to sell property but there is nothing in the City code. It is customary to follow State rules and it1s to obtain services of M.I.A. and then advertise and it1s similar to an auction situation. Councilman Asting felt all citizens should have the opportunity to buy and it should not be limited to just one person. Mayor McKillop said he hadn1t had an opportunity to look at the property. Councilman Spencer moved to TABLE this. Councilman Asting seconded. Motion CARRIED 3-0. Councilman Spencer moved to adjourn the meeting. Councilman Asting seconded. Meeting was adjourned at 11:12 P.M. Mi nutes. submitted by: Lura Sue Koser ~ /)b /t-I// 7~ ~ ATTEST: CI~~ -9- Regular Council Meeting Minutes March 21, 1983