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12-06-1982 - Regular '-J v CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 6, 1982 Mayor McKillop called the regular meeting to order at 7:00 p.m. ln the Community Center. The Invocation was glven by Rev. Hardin. There was a salute to the Flag. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilman Neil J. Asting Councilwoman Gigi Bennington Councilman Jack H. Spencer Present Present Present Present Present City Atty. Jose Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Approval of Minutes - Special Meeting of November 29, 1982. Councilman Asting moved to accept the minutes; seconded by Councilman Spencer. The motion CARRIED 5-0. Councilman Ledbetter motioned to move Miscellaneous up on the Agenda. Councilman Spencer seconded the motion. The motion CARRIED 5-0. MISCELLANEOUS Mr. Walter Gross spoke regarding the rights of the citizens to voice their opinion on subjects before council, and asked how the new council was going to acknowledge the comments of the public. Mr. Jacob Lodico advised the Council to run the City to the best of their abilities. Mr. Robert Tipton asked about Pelican Cove, especially how they got the variance. He was also interested in the paving in Florida Shores. He also asked why the lady running the "Playhouse" business was put out of business and now someone else is in there running a business. Mr. McKillop advised that the Attorney was working on the road paving and the Council could not comment on it at this timej. .He also noted that the City had received a communication from Kay Casey's attorney and that matter is being referred to the City Attorney. Referring to the variance at Pelican Cove West, in general, is scheduled to be on tonight's agenda. Mr. Mueller suggested that the Council members use decorum and address the Chair before addressing the audience. Another gentleman spoke concerning the easement at Pelican Cove West. Mrs. Bennington announced that the Christmas tree to be erected in the front of City Hall would be done this weekend. Anyone wishing to donate ornaments and help decorate the tree could do so this weekend between 1 p.m. to 5 p.m. Saturday, and again on Sunday. The official tree lighting will take place at 7 p.m., Sunday, December 12. Councilman Spence~ moved that the Council direct the Mayor to write a letter of appr&ciation to the newly formed Rotary Club for the three shelters which they had recently completed for school children. Mr. Ledbetter seconded the Motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Mrs. Blazi indicated that Mrs. Kinsey has asked that three bills be added to the Supplementary Bills. One is to the Volusia Council of Governments for maps; one to Triple-A Rentals for the Water Department, and one is to Western Auto in the amount of $87.96. Water Department is $38.40 and Volusia Council of Governments is $12.00. Mr. Asting moved that these bills should be consid- eredseparately from the regular Bills and Accounts; seconded by Mr. Spencer. The motion CARRIED 5-0. u u Councilman Ledbetter made a motion to pay the regular bills; the motion was seconded by Councilwoman Bennington. The motion passed 5-0. Councilman Ledbetter motioned to pay all the supplemental bills, late or otherwise. Mr. Asting seconded the motion. The motion CARRIED 5-0. Mr. Ledbetter and Mr. Asting commented that the purchasing procedures established for the City should be followed. Mr. Asting especially noted that Mr. Vandergrifft was an habitual violator of the procedure. Communications Mayor McKillop explained that he has a communication concerning "Casey vs. City of Edgewater, et al", and wished to refer it to the City Attorney so that he could prepare to defend the City. Moved by Mr. Spencer, seconded by Mr. Ledbetter, to refer the letter to the City Attorney. The motion CARRIED 5-0. Mr. McKillop called attention to a communication from the Southeast Bank, advising that the bank has been trying to put together a loan for the City to use in the paving program. The rate of 9-1/2 percent was offered. They wanted the new council to be aware that the offer was made. Copies of the letter will be provided to all council members. Mr. Asting advised that he had spoken with May-Zima, the City's accountants, concerning the loan. He suggested Council have a meeting with May-Zima and have them explain the financial situation of the City and especially the loan. He said they could not afford to have the general fund jeopardized. The motion was made by Councilman Asting that they consult May-Zima on the feasibility of accepting this loan. Councilman Ledbetter seconded the motion. The motion passed 5-0. The City Clerk was advised to set up a meeting. Unfinished Business A. Telephone Inter-connect to the City Attorney. Mrs. Blazi explained that the present arrangement is that there is a line in City Hall to anyone in Deland, and the attorney can call the one number in City Hall. Mrs. Blazi recommended that the City Attorney be given an Edgewater number so that the Council can contact him and he can call in to City Hall. The initial cost would be $128 with a monthly charge of $119 thereafter for unlimited calls. Councilman Spencer motioned that the telephone be installed as recommended by the City Clerk and Mr. Ledbetter seconded the motion. The motion CARRIED 5 - O. B. Pelican Cove West, SP-820l. Mayor McKillop asked that this matter be tabled until the City Clerk has time to prepare the report. Councilman Ledbetter motioned that the matter be tabled until the December 20th meeting. The motion was seconded by Councilman Asting and CARRIED 5-0. Ordinances and Resolutions Councilman Asting suggested that a new resolution be drawn up omitting the City Manager's name from the resolution listing the bank signatories authorized. Councilman Ledbetter felt the resolution calling for the City Manager's resignation would eliminate the need for another resolution. The City Attorney advised that a special communication should be sent to the bank advising that Mr. Mitchell's name should be removed fr,om the list of authorized signatures. Mrs. Blazi advised that Mr. Mitchell's signature was not on the signatory cards. The bank said that the resolution terminating his position would be sufficient. City Council Regular Meeting, December 6, 1982 - Page 2 1 u ~ New Business A. Group Insurance Policy Mr. Jack Ascherl was present and was introduced as the City's Consulting Agent of Record for the Employee's Fringe Benefit Programs. He discussed the Group Insurance Plan, explaining that the City has had Banker's Life Insurance for two years. The City was notified October 25 that there was a rate increase of about 16.7 percent overall on the Group Insurance Plan, primarily because of inflation. Mr. Ascherl noted that medical expenses increase approximately 20 percent per year, and because this is the first increase from the Company, he believes the City is being treated well by the company and suggested that they stay with Banker's Life. However, he believed Council should hold a workshop in the near future to review the benefit programs. Mr. Spencer suggested looking into the possibility of less coverage for small claims which the City could take care of. Council agreed to study the insurance programs at a workshop to be held after the first of the year. B. Public Works - Metal Building Bids Mr. Copeland, Public Works Superintendent, explained that the former Council budgeted for a 1200 square foot 3-sided metal building to be built against the existing garage; because of the requirement that the_bid be held firm for a l80-day period, the contractors have had to raise the bids. Therefore, it was decided to reduce the size of the new building by 300 square feet to keep the cost within the budgeted amount. Originally it was his inten- tion to remove the old building, but he would now:;liwe to repair and retain that building for storage. He also mentioned that the original request called for air-conditioning the entire building, but he recommended that only the office be air-conditioned. Mayor McKillop suggested that he come again to the new Council with the revised proposal. Mr. Copeland wished to ask for new bids on the revised proposal. The motion was made by Councilman Asting that Mr. Copeland prepare plans for his proposed construction and that the City advertise for bids on the pro- posed construction. The motion was seconded by Mr. Spencer. The Motion CARRIED 5-0. Mrs. Bennington asked that they be permitted to review the new draft before they advertise for the proposed construction. Mayor McKillop asked if it was affirmed that the old bids were being rejected, and also asked that Council be permitted to see the plans before the bids were advertised. Councilwoman Bennington suggested that the motion be amended to show that the old bids were being rejected and asked that Council review the revised plans before being advertised for bids. Mr. Asting seconded the amended motion. The motionCARRIED 5-0. Council members agreed that comments from the audience on specific agenda items should be heard. C. Temporary Construction Trailer Permit. Council has a request from Mr. John Gaffney, who is building a home on Juniper and 24th Street, for permission to have a temporary office and storage trailer during the construction period from December 1, 1982 until March 1, 1983. A motion was made by Councilman Asting to grant the request for a temporary office on the building site for a period of 90 days; the motion was seconded by Mr. Ledbetter. The motion CARRIED 5-0. City Council Regular Meeting, December 6, 1982 - Page 3 (.) u New Business - continued D. Zoning Amendment - B-5 The question was raised as to whether or not an amendment to the zoning ordinance is required to permit a dry cleaning service with equipment on the premises at the new shopping center. It was the consensus of the council that the new business should be allowed; Mr. Alvarez recommended it be a permitted use with conditions and safeguards under B-5. Councilman Spencer motioned to have Council direct the City Attorney to prepare the amendment and submit it to Council at his earliest opportunity. for the zoning change, with recommendations that it is a permitted use with conditions and safeguards. The motion was seconded by Councilman Ledbetter. The motion CARRIED 5-0. E. Interlocal Law Enforcement Agreement Mayor McKillop introduced County Councilman Mann. City Attorney Alvarez noted that he had prepared Resolution No. 82-R-67 for their consideration. Mr. Mann discussed the mutual aid packet between law enforcement officials within Volusia County. He noted that the Interlocal Law agreement is aimed primarily at emergency situations. Mr. Mann introduced Mr. Rick Falardo, Chief Internal Officer of the Volusia County Sheriff's office. Mr. Falardo indicated he was the author of the agreement and asked for questions from Council. He stated that there are 14 municipalities within Volusia County, twelve of which have already signed the Interlocal Law Enforcement Agreement. Chief Earl Baugh commented that he has wanted this agreement for a long time. Mr. Walter Gross said that he felt it would work out well. A motion was made by Councilman Spencer to adopt Resolution 82-R-67; the motion was seconded by Councilman Asting. Councilwoman Bennington asked that the reference to approval by the City Manager be deleted from the agreement; leave it up to the discretion of the Chief. Mr. Alvarez advised that if there were no City Manager then it would be left up to the Chief of Police. Councilman Asting suggested amend- ing the motion to strike out the word City Manager and put in the Chief of Police. Councilman Ledbetter motioned to amend the motion to delete the word City Manager and "in writing" and insert the Chief of Police; Councilman Asting seconded the motion. The motion CARRIED 5-0. Councilman Mann said that with that change the agreement would be exactly the same as every other agreement in the county. On another matter, Councilman Mann said that Secretary Watt has proposed the sale of Lease No. 78 next July. He is doing this without the benefit of the usual biological information and studies of our sea bottoms; no studies have been made south of Savannah. The proposed statement says there are five options: First is to sell immediately. The second one says, Do not sell or take any action until the necessary biological information is available. The third one is to delay it and let the people who are proposing to drill make the biological studies and report back to the Department of Interior, after the sale. The fourth one is another delay in action, and the fifth one is to delete all the area from Cape Canaveral up to Jackson- ville, Florida. The Volusia County Council has unanimously passed a Resolu- tion urging the area from Cape Canaveral to Jacksonville be excluded from the sale consideration entirely, and that at the very least, the considera- tion of the sale be delayed until the biological information is available to study and be analyzed. They do not know whether the bottom of the ocean is a dead bottom Dr a live bottom, and they do not know the effects it will have on the environment. City Council Regular Meeting, December 6, 1982 - Page 4 ~ u Mayor McKillop read the Volusia supporting the State of Florida 1985 to allow a more meaningful recommended the Council support County Council of Governments Resolution requesting a delay of Lease Sale 78 until assessment of environmental impact, and the resolution. Councilman Ledbetter motioned to adopt the Resolution, seconded by Council- man Asting. The motion CARRIED 5-0. F. Christmas Items The City Clerk read a letter from Mr. Sargent advising the Council that the Civil Defense organization is distributing Christmas baskets to 18 needy families in Edgewater in cooperation with the Edgewater P.T.A. A request was made for a financial donation to purchase hams or turkeys for these needy families. Councilman Spencer moved that Council authorize a $200 expenditure for this purpose; the motion was seconded by Councilman Asting. The motion CARRIED 5-0. Mrs. Blazi brought up the matter of Christmas bonuses for City employees. Mr. Asting suggested giving gift certificates for a turkey or a ham to each employee. It was agreed that the matter be discussed ~a later meeting to give the City Clerk time to check into the cost of a turkey or ham. G. Volusia Council on Aging This matter was tabled by the previous council on October 14. The Volusia Council on Aging is asking for a rural transportation system on a county-wide basis. No Edgewater City funds are involved in the system. Councilman Asting motioned that the City Clerk prepare a letter supporting the request of the Volusia County Council on Aging and forward a letter to that organization. Councilman Spencer seconded the motion. The motion CARRIED 5-0. Mr. McKillop asked that the'lCouncil on Aging keep City Council advised of progress on the project. H. Tree and Landscape Ordinance Mr. Don Bennington, Acting Planning Commission Chairman, spoke to the Council about the proposed Tree and Landscape Ordinance. Mr. Alvarez noted that the letter he received contained attachments embodying the proposal of the Plan- ning Commission, and suggested Council authorize him to prepare such Ordinance. Mr. Bennington felt the City needed the ordinance to specify what landscaping should be put in. A later ordinance could be more stringent, but at this time it is important to have a landscaping ordinance to protect the City. Mayor McKillop recalled that this originally started on April 27, 1982. He felt that some protection 1S better than no protection at all. Councilman Spencer made a motion that no action be taken at this time on the Tree and Landscape Ordinance in view of the fact that the Planning Commission will be considering some alternatives; he thinks it more appropriate to consider them all at once. The motion was seconded by Councilwoman Bennington. The motion CARRIED 4-1 , Mayor McKillop dissenting. City Council Regular Meeting, December 6, 1982 - Page 5 u (.) I. Change to Zoning Code There was a request from the Planning Commission for changes to Section 603.01, R-4 Multi-Family, formerly discussed at the November 10 meeting. Changes proposed are as follows: Under Permitted Uses Minimum yard requirements. Front yard: Side yard: Rear yard: .Dimens ional Minimum lot 40 feet - change from 30 feet 10 feet - same 25 feet - increase from 20 feet requirements: Under Lot Requirements - depth: 100 feet - change from none A motion was made by Councilman Asting to have the City Attorney prepare the legislation. The motion was seconded by Councilman Spencer and CARRIED 5-0. J. Fire Department - Purchase over $1,000 A request was received that the formal bid procedure be waived and that Council approve the purchase of two Motorola radios for the Fire Department. The total cost is $3,552; pricing is for Florida State contract. $2800 is allocated in Federal Revenue Sharing for these radios, the balance of the cost to come from Machinery and Equipment now allocated in the General Fund - Fire Department. Mayor McKillop questioned if this is just for two radios. Chief Reilly advised that the request was typed up wrong; it is f&r walkie- talkies, plus chargers for them, two officer's pagers and chargers and two fireman's pagers plus chargers, for a total of six pieces of radio equipment. He explained that all radio equipment has been purchased from Motorola; this is a State contract, and the price cannot be beat. The Chief explained that the State puts out bids every year and they are good for a year. Councilman Mann explained that on occasion you can beat the State contract, but they cannot be beat on these items. He cautioned Council to shop for the best price, because occasionally the State contract can be beat. Councilman Ledbetter made a motion that the bids be waived Department to purchase the equipment they need through the Councilman Asting seconded the motion. The motion CARRIED woman Bennington dissented. to allow the Fire State agency. 4 - 1. Co un c i 1 - I K. Change Agenda Format Councilman Asting suggested that the Miscellaneous portion of the Agenda be number 4, to follow Bills and Accounts, and would be for anyone having a special item or problem to discuss. He felt that comments should also be received from the audience concerning items going before the Council for a vote, before the vote is taken. Mayor McKillop noted that the Agenda will be published on Friday before the Monday meeting; general comments through- out the business meeting would delay the process, and asked for suggestions to balance input from the audience with the job of doing the City's business. It was suggested that this subject be dealt with after the Special Meeting scheduled for Thursday, December 9. Mrs. Blazi noted that the format for the Agenda is set in the City Code. The City Attorney advised that as long as all the items are listed, the format could be rearranged. L. Wildwood Drive - Mr. Cichewicz The letter from Mr. Cichewicz was read into the records. December 1, 1982 attached.) (See letter of Mrs. Bennington said she had viewed the property and suggested that the City Attorney do some research to determine who owns the drainage ditch. If it belongs to the City, they have no access to it. City Council Regular Meeting, December 6, 1982 - Page 6 .' ~ u Councilman Mann said the County would check to see who dug the ditch and determine whether the Mosquito Control was involved. Several Wildwood residents in the audience spoke about the drainage ditch. Bill Muller and Mr. Wargo noted that three months ago Frank Hall started clear- ing the property from Park Avenue back, because Mrs. Massey required this in order to give an easement, then the work stopped; the ditch is now in bad shape because people throw garbage into it and it is filled with water hyacinths now. Councilman Mann asked for a joint meeting at the site between the County Public Works Director, Mosquito Control and the City Public Works Depart- ment to get some action. He noted that the 60 ft. conduit under Park Avenue is a County job, not a City job. The Chief of Police was excused for police business. Mr. Montesano, Laura ~llly and Harry Ryan each spoke concernlng the serlOUS problems that exist at Wildwood. Mr. Christy spoke and noted that he had provided Mr. Alvarez with all the information he had on Wildwood and he felt the Building Inspector had permitted improper building practices there. Mr. Opal also spoke and said that over a year ago the City Engineer, Cross, recommended a 7-acre reten- tion pond in Wildwood. Mr. Cichewicz recommended that no new permits be issued for new houses until the problem was solved. Councilman Mann agreed to set a time and date to look at the problem and get in touch with Mr. Ledbetter, and possibly Briley-Wild. The motion was made by Councilwoman Bennington to direct the City Attorney to continue the work of the last Council to determine when and if procedures should be started to see if any liability can be assessed to private con- tractors. Councilman Ledbetter seconded the motion. The motion.~CARRIED 5-0. Councilman Spencer motioned that Council appoint Councilman Ledbetter as representative of the City to investigate and take the necessary steps to alleviate the problem. Councilman Ledbetter agreed that he would bring any information he had back to Council for consideration, but declined to authorize anyone to do anything without Council approval. \ MISCELLANEOUS Councilman Ledbetter said that the City employees will need a Christm' party and donated $50 toward it and asked each member of Council do th same. All members agreed to donate $50. Councilman Ledbetter commented on the Florida Shores Paving Program and suggested that a special taxing district be created for the Florida Shores area, asking that it go to refereNdum to determine if the people are willin to go for half a mil per thousand on assessment for road pavement, or " one-half a mil for paving and one-half a mil for drains. Mayor McKillop said he would like to get some discussion on the possibility of a paving program - the different types of funding available, which is more advantageous to the City, etc. Mr. Spencer said he thought the paving projects underway should be treated separately from future projects. Mayor McKillop mentioned that there was one rate offered from Southeast Bank and another from H. I. Henann & Company, if we were going to do additional paving. He believed the total picture should be looked at before committing one way or another on the beginning part. Councilman Ledbetter recommended that the City Clerk be appointed administra- tor to fill the vacancy created by Mr. Mitchell's leaving. Mayor McKillop advised of the actions he had taken after the resignation of the City Manager, such as sending his car to the City garage and locking his office after an City Council Regular Meeting, December 6, 1982 - Page 7 ~ (.) inventory was taken, a list was made and attested to by the City Clerk and himself. He believed there should be someone appointed to make decisions until Council appointed a new administrator. Councilman Spencer made a motion that the Mayor be given the authority and power to carryon the City government on an interim basis for a 90-day period. The motion died for lack of a second. Mr. Wargo believed someone should be in charge. Mr. Gross was opposed to appointment of the Mayor as administrator and thought the City Clerk could do a good job. Mr. Gross and Mr. Opal both thought Mr. Wharton should be considered. Councilman Asting asserted that the present City Clerk and Finance Super- visor were professional people with experience and could run the City well. Councilwoman Bennington offered an amendment to the motion, asking that the Mayor be authorized to be Administrative Officer on an interim basis for 30 days instead of 90 days. The motion was seconded by Councilman Spencer and CARRIED 3-2. Councilman Ledbetter and Councilman Asting voted No. Councilman Asting motioned for adjournment and the motion was seconded by Councilman Spencer. The meeting was adjourned at 11 p.m. Minutes submitted by Nancy Blazi, City Clerk. jt 4fi;/~~ Ma or / ~ CJUnAr~ {/ . j C) Ik~ YEs;. . 6~~ ~c:~ \~ ~ (/ ATTEST: A ,175M I l-<U 6i / >:1."1- Councilm r~{) ~r~ ity C erk ~~ Coun lwoman ~ Approved th-is do ~day of j)ecemb~r, 1982 ~~~v~ City Council Regular Meeting, December 6, 1982 - page 8