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03-15-1982 - Regular -. -.... '9- ... (.J t.J CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING Harch 15, 1982 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Attorney Clay Henderson City Manager Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present The invocation was given by Rev. Hardin. There was a salute to the Flag. APPROVAL OF MINUTES: Councilman Wilbur motioned to approve the minutes of March 1, 1982, seconded by Councilman Pendleton. The motion CARRIED 4-1. Councilman Ledbetter voted NO due to absence. BILLS AND Accoutrrs: The City Manager informed the Council that there was an addition to the bills. It was a bill from the Elks' Club for the Student Government Day luncheon. Councilman Pendleton motioned to include this bill in the accounts, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Councilman Ledbetter motioned to pay the bills, seconded by Councilman Wilbur. Councilman Lodico questioned the bill for ;1>27,491. 00 for repair and maintenance of the water tower. The City Manager explained that the City had a contract for this work for over a period of three years. However, work was not done in the past years and we have received a bill for the entire period. This bill should be reviewed and it was suggested that the Council delete this from the bills and accounts until the bill could be checked thoroughly. There was a rather lengthy discussion about the bill and the work done on the water towers. Councilman Wilbur motioned to amend the original motion to delete the bill from Sieg and Ambachtsheer, Inc., seconded by Councilman Lodico. Motion to amend CARRIED 5-0. Councilman Lodico then questioned the bill from Briley, Wild and Associates. The City Manager read off the different bills and again suggested that this be deleted until he could review the bills. Councilman Le~better motioned to TABLE the Briley, Wild bills for further study, seconded by Councilman Wilbur. Motion CARRIED 5-0. The motion to pay the bills CARRIED 4-1. Mayor Christy voted NO. COI1MU1ITCATIONS: The City ~anager informed the Council that a last minute communication had been received from the Florida Shores Property Owners Assoc. giving the City permission to use the Florida Shores Clubhouse as an additional polling place. The letter also contained the names of people interested in serving as poll worke~B~ A meetffing will be set up with the Supervisor of Elections for the County to work out the details. ORDINANCES AND RESOLUTIONS: Ordinance 82-0-10 AN ORDINANCE AMENDING OBSOLETE SECTION 8 OF THE CITY CHARTER TO RE-DISTRICT THE CITY INTO FOUR EQUAL ZONES FOR THE PURPOSE OF ELECTING CITY COUNCILrIEN; REPEALING ALL ORDINANCES IN CONFLICT HEREvJITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico.. Motion CARRIED 5-0. Ordinance 82-0-11: AN ORDINANCE REGULATING THE SALE AND USE OF FIREWORKS WITHIN THE CITY OF EDG-EWATER, TO INCLUDE CHAMPAGNE PARTY POPPERS AND SHOKE BOI1BS HITHIN THE LIST OF FIREvJORKS PRESENTLY DEFINED BY STATE LAvJ; DECLARING SAlJIE TO BE PUNJ;SHABLE AS A HISDEIJIEANOR; REPEALING ALL ORDINANCES IN CONFLICT HERE\HTH, AND PROVIDING AN EFFECTIVE DATE. '" {) u There was a discussion concerning this ordinance. specifically the hazard created by the use of the party poppers. The City Attorney pointed out that the party poppers contain less than 20/100ths grams of explosive mixture which is equivalent to a cap gun. The present law states that less than 20/100th mixture is not illegal. It was suggested that the Fire Dept. test the party poppers and the Council may wish to delete this from the 1b ordinance pending their report. Smoke bombs have been responsible for fires in the City. Councilman Pendleton motioned to adopt the ordinance, seconded by Councilman Wilbur. The motion CARRIED 5-0. The Fire Dept. will have a report on the party poppers for the Public Hearing on the ordinance. Ordinance 82-0-12: AN ORDINANCE AVlENDING SECTION 903 and 904 OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER TO CO-ORDINATE BOARD OF ADJUSTrr~NT HEARINGS WITH THE PLANNING CmmISSION FOR SPECIAL EXCEPTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREiHTH AND PROVIDING AN EFFECTIVE DATE. The City Manager explained that the Board of Adjustment was required by the Code of Ordinances to do a five point review on all site plans requiring a special exception. The Planning Commission also reviews a site plan using these same points of review. This causes an unnecessary duplication and may also cause a delay in consideration of various site plans. The Board of Adjustment requires that the Planning Commission make a decision on the site plan before the Board of Adjustment will review it for a special exception. The developer must go through the time and expense of preliminary and final approval by the Planning Commission with the possibility that the Board of Adjustment might not grant the special exception. The Planning Commission is in favor of this ordinance which is designed to avoid duplication and delay in the approval of site plans that need a special exception, the Zoning Commission also approves this ordinance. Councilman Pendleton suggested that this matter be turned back to the City Attorney and if there is any conflict it could be resolved between the Chairmen of the different boards. Councilman Lodico questioned the legality of changing the ordinance. The City Attorney gave a brief explanation of the duties of the Board of Adjustment which includes the granting of special exceptions. There was further discussion about special exceptions. The question of the trailer at Hermosa Palms was brought up. Permission for the use of the trailer was granted by the Council and a check will be made to find rut if the permit needs to be renewed. The City Attorney continued by pointing out that a major special exception in Edgewater was the use of multi-family housing in the B-3 zone and problems have been encountered in co-ordinating the time schedule so that a developer has some idea of the length of time it will take to get the decisions of the various boards. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. 2a More discussion followed the motion. The City Attorney reminded the Council that work is being done to update the 880 zoning ordinance. Once the 880 ordinance is brought into line with present laws it will solve many of the problems faced by the various boards and commissions. Upon roll call the motion DID NOT CARRY 2-3. Councilmen Ledbetter ahd Pendleton an(' Hayor Christy voted NO. Resolution 82-R-19: Appointment to the Building Code Board. This resmlution was TABLED at the las-e--CouncH Meeting. Councilman Wilbur motioned to remove this resolution from the table, seconded by Council- man Ledbetter. Motion CARRIED 5-0. Councilman Wilbur nominated Mr. L. E. Niebel, a licensed contractor, seconded by Councilman Lodico. Councilman Ledbetter nominated Mr. Douglas Cole, seconded by Councilman Pendleton. Councilman Wilbur motioned to close the nominations, seconded by Councilman Lodico. Upon roll call the motion to appoint Mr. Niebel DID NOT CARRY 2-3. Councilmen Ledbetter and Pendleton and Mayor Christy voted NO. Upon roll call the~~otion to appoint Vrr. Cole CARRIED 5-0. Council Heeting 3/15/82 - 2 - '.- u u Resolution 82-R-19: A RESOLUTION APPOIt~ING A MEI1BER OF THE BUILDING CODE BOARD OF THE CITY OF EIX;EHATER, FLORIDAj PROVIDING FOR TERMS OF OFFICEj REPEALING ALL RESOLUTIONS IN CO~"FLICT HERE1>lITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to approve Res. 82-R-19 with the condition that if Mr. Cole cannot accept the appointment, Hr. Niebel will be appointed, seconded by Councilman Pendleton. Motion CARRIED 5-0. Resolution 82-R-22: Road Assessment. The City Attorney informed the Council that he has just received the necessary information on the road project from Briley, Wild. He expects to have the necessary resolution drawn up soon and possibly the Council will wish to hold a special meeting concerning the resolution. There was some discussion concerning the front foot assessment and the possible difficulties the City might have in collecting the charges. Resolution 82-R-23: A RESOLUTION RE-ALLOCATING U~~SED FUNDS IN THE FEDERAL REVElruE SHARING 1981-1982 BUIX;EI'j REPEALING ALL RESOLUTIONS IN CONFLICT HERE1HTH AND PROVIDING AN EFFECTIVE DATE. The City l1anager explained that this money had previously been allocated to a legal defense fund and the remainder was unappropriated. New radio equipment was needed for the Edgewater Volunteer Emergency Rescue Services,and also the Sewer Plant, the Public Works building and the Fire Dept. needed fencing around the properties. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. J.1otion CARRIED 5-0. Ordinance 81-0-42: Councilman Pendleton motioned to remove this ordinance from the TABLE, seconded by Councilman Wilbur. Motion ~~RRIED 5-0. Ordinance 81-0-42 concerns enacting burn control in the City. The City Manager explained that it had been brought up again to find out the opinion of the Council in regard to permitted approved burning. Councilman Ledbetter motioned to instruct the City Manager to get in touch with the Dept. of Environmental Regulations concerning this ordinance, seconded by Councilman Lodico. Councilman Ledbetter amended his motion to include authorization to advertise the ordinance for a Public Hearing, seconded by Councilman Lodico. The amendment CARRIED 5-0. The original motion CARRIED 5-0. UNFINISHED BUSINESS: The City Manager reported to the Council that an agreement had been reached with ~trs. Syer in regard to repair work done to clear a blocked sewer. rtrs. Syer has agreed to accept the City's offer to pay 231~ of the bill or $16.91. 2b Councilman Lodico motioned to approve this payment, seconded by Councilman Ledbetter. Motion CARRIED 5-0. I~W BUSINESS: A request from the VFW to supply flags for veteran's graves. The City of New Smyrna Beach may agree to share this expense. The total amount is $275.00. Councilman Ledbetter motioned to approve the purchase of these flaes, seconded by Councilman Wilbur. Motion CARRIED 5-0. New Police Car: This car would replace the car that was wrecked in an accident earlier this year. The-money has been received from the insurance company. The Police Chief is recommending the purchase of a 1978 Impala for $3,995.00. Councilman Hilbur motioned to approve the purchase of a police car, seconded by Councilman Pendleton. Motion CARRIED 5-0. Fencing for Sewer Plant, Public Works building and Fire Dept. The City has received estimates on the fencing. The bid recommended is for $1993.55. There will be other expenses involved and the total will be approximately ~2,800., but Council approval is needed on this bid. Councilman Wilbur motioned to approve the bid, seconded by Councilman Lodico. Motion CARRIED 5-0. . , \ , \\ Council Neeting 3/15/82 - 3 - .. '-,. ..... (.; (,,) Approval of Florida, Power & Light Contract: This is a contract for the conversion to sodium vapor lights. It will be less expensive for the City and it is also suggested that additional lights be placed on U.S. 1. There was a discussion about requesting a wide dome and wide spread type of light rather than the type that has recently been installed in Edgewater. The City Hanager will notify FPL that the City would prefer wide dome and wide spread type of light. Councilman Lodico motioned to approve the contract, seconded by Councilman Wilbur. Motion CARRIED 5-0. Sale of used City truck: The City has received bids on the sale of a 1971 Ford truck previously used by the Street Dept. The highest bid Has from ~jagnolia Motors for $446.79. Councilman Wilbur motioned to accept the bid from Magnolia Motors, seconded by Councilman Pendleton. Motion CARRIED 5-0. Resignation of City Attorney: Councilman Pendleton told the Council that he did not think this should have been on the agenda. The City Attorney has already indicated that he plans to resign sometime in November. He added that he believed that the City Attorney has brought this City and the Council farther than all the other City Attorneys put together. 11r. Henderson explained to the Council that he personally was somewhat confused by the articles in the newspaper. It should not be any news that he only planned to serve this Council. There are certain projects that need to be completed, specifically the charter changes and the zoning ordinance. The charter changes should be as free as possible from any political overtones and that is one of the reasons why he has expressed his plans to resign before another Council is elected. He will give the Council sufficient notice to allow for a search for another City Attorney. rITSCELLANEOUS: Mr. Frank Opal questioned the Council concerninggthe hiring of a Civil Defense Director, Mr. Vandergrifft, for $100.00 per month. Mr. Opal also complained about the microphones not Horking properly. Mr. l~alter Gross requested that the Council consider making a donation to the Jr. and Sr. High School Bands to help finance their trip to the World's Fair in Knoxville. It Has suggested that the Council receive a written request for a donation so that proper action could be taken. 11r. Bill Muller also questioned who authorized the hiring of a Civil Defense Director. 3a There was a discussion about the Civil Defense budget and the City Manager Hill report on this at the next meeting. Nr. Dave Severance asked about funds for fireworks. He was told they were in the budget. Mr. Severance also asked about rumors concerning the capping of the new wells because the wells did not get approval from D.E.R. The City Manager explained that the wells had been capped prior to hookup with our system. The wells have received complete approval from D.E.R. Minutes submitted by: Councilman Wilbur motioned to adjourn, seconded by Councilman Lodico. adjourned at 8:55 F.B. Nancy Blazi AIJET: ~~1 City Cler I~J' Approved this APn~l, 1 82. \ ~ ~_/ ~~ iA Nayor Council Meeting 3/15/82 - 4- - '. ..... "\ ~ ~ ~! ~ ~