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06-21-1982 - Regular ~ u ~ CITY OF EDGEWATER CITY COUNCIL MEETING June 21, 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 Excused Present City Atty. Clay Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. APPROVAL OF MINUTES: Councilman Wilbur motioned to accept the minutes of the June 2, 1982 meeting, seconded by Councilman Lodico. Motion CARRIED 4-0. Councilman Lodico motioned to accept the minutes of the June 7, 1982 meeting, seconded by Councilman Wilbur. Motion CARRIED 4-0. BILLS AND ACCOUNTS: The request was made for Council to approve a list of supplementary bills. This supplementary includes a bill for $2,993.50 for Utilities Dept. This charge was for a repair to one of the main blowers to the Can-Tex unit in the Wastewater Plant. The other large bill is for the paving of the road in front of Coronado Paint. This repair had been approved but the cost of materials was higher than anticipated because the Superintendent chose to use concrete for a more lasting repair. Councilman Wilbur motioned to add the additional bills and pay all the bills, seconded by Councilman Lodico. There was a rather lengthy discussion concerning the paving of the road, the amount approved by Council and the overrun on this authorization. The question was raised concerning why this was not brought to Council when it became evident that the cost would exceed the original approval of the Council. Mayor Christy read from minutes of Aug. 27, 1981 meeting when the original authorization for this work was given by the Council. The amount approved was $3395.00. Councilman Wilbur motioned to change his original motion to pay the authorized amount on the paving bill and check into the balance of the bill. Councilman Lodico seconded the changed motion. Motion CARRIED 3-1. Mayor Christy voted NO. Mr. Mitchell informed the Council that this would leave a balance of $1,945.69 on the paving bill. Councilman Wilbur motioned to pay all other bills and accounts, seconded by Councilman Lodico. Mayor Christy questioned the bill from the News and Observer for a notice of Public Hearing. The City did not receive a proof of publica- tion and it was necessary to request the proof for payment. Mr. Millard placed the ad in the paper. The City Manager stated that Mr. Millard was acting for the Charter Commission and the ad was paid for from funds set up for the Commission. Upon roll call the motion to pay the bills CARRIED 3-1. Mayor Christy voted NO. J Council Meeting 6/~82 - 2 - u. COMMUNICATIONS: Mr. Mitchell told the Council that the Fire Dept. has recently purchased a pickup truck and would like to donate the truck to the City for purposes of licensing and insurance. It will be used by the Fire Dept. Council approval of acceptance of this truck is required to complete the transaction. Councilman Ledbetter motioned to accept the truck, seconded by Councilman Lodico. Motion CARRIED 4-0. Redesignation of expenditures, F.R.S. The Fire Dept. had requested that a dishwasher and an icemaker be purchased for the Community Center from F.R.S. funds. A change in this authorization has been requested so that ceiling fans, a commercial type can opener and some electrical work can be put into the Community Center prior to the July 4th celebration. Councilman Wilbur motioned to approve the revised expenditures, seconded by Councilman Ledbetter. Motion CARRIED 4-0. Mayor Christy reminded the Council that Res. 81-R-26 had stated that agenda items should be submitted no later than noon of the Thursday preceeding the Council meeting. He had received a copy of a letter that should have been on the agenda since it was submitted in plenty of time. The Mayor requested that the City Clerk read the letter. Mr. Mitchell informed the Council that the letter had been addressed to him and he has responded by suggesting that Mrs. McCallister come into his office to discuss the questions in the letter. The letter contained personal references which is against present ordinances for Ib discussion at a Council meeting. Councilman Ledbetter motioned to have the letter read, seconded by Councilman Wilbur. Motion CARRIED 3-1. Councilman Lodico voted NO. The City Clerk read the letter leaving out the personal references. Some of thE. .-questions in the letter : Community Center renovation, <i:alling ot Special Meetings, removal of Mayor's office from City Hall and certain charges for the use of the Community Center. Mr. Mitchell responded by stating that renovation of Community Center, removal of Mayor's office and calling of Special Meetings were all approved by City Council. The Seniors United Nutrition organization was charged for the use of the Community Center because there were funds available for rental purposes and this helped offset the cost of air-conditioning. The City Attorney added that this organization now meets at the Methodist Church and also pays for use of the facilities. Councilman Lodico mentioned the bridge at the end of 442 which is not being considered until the year 2000 if funds are available. Mayor Christy said he had another letter from Mr. Cobb concerning repairs to streets. This letter should have also been on the agenda. The Mayor read the letter. ORDINANCES AND RESOLUTIONS: Ordinance 82~0-22 - AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-41 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN DEVELOPMENT FEES CHARGED .'~ TO NEW USERS OF THE WATER AND WASTE WATER SYSTEM FROM $200.00 TO $400.00 FOR WATER AND $400.00 FOR SEWERAGE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to leave this Ordinance TABLED for a workshop meeting, seconded by Councilman Ledbetter. Motion CARRIED 4-0. Ordinance 82-0-23 - AN ORDINANCE TO BE KNOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE; SETTING FORTH THE PURPOSE OF SAID BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING FOR STANDARDS OF CONDUCT AND CONFLICT OF INTEREST OF SAID BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR CONDUCT OF BUSINESS AND HEARINGS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR FINES AND LIENS AND ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE OF HEARING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICA- TION AND PROVIDING AN EFFECTIVE DATE. J u ~ . Council Meeting June 21, 1982 - 3 - The City Attorney explained that in 1980 the Florida Legislature enacted the Code Enforcement Board Act and the City of Edgewater followed through by establishing a Code Board. In the last session of the legislature there were some changes made in this Act. The most important changes are to the appointment of board members and to the reduction of the fine (from $500.00/day to $250.00/day). The act takes effect on July 1, 1982 and the City needs to make the necessary changes to the ordinance in order to comply with the changes. Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Wilbur. Motion CARRIED 4-0. Ordinance 82-0-24 The City Manager explained that, as part of the Council commitment on drainage problems, an. ordinance has been prepared to require driveway permits to prevent builders from covering up swale systems with driveways. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REQUIRING PERMITS FROM THE SUPERVISOR OF PUBLIC WORKS, PRIOR TO THE INSTALLATION OF DRIVEWAYS WITHIN THE CITY; FURTHER ENACTING STANDARDS AND REQUIRE- MENTS FOR SAID INSTALLATION OF DRIVEWAYS; FURTHER PROVIDING FOR PAYMENT OF FEES FOR THE ISSUANCE OF A PERMIT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The City Attorney explained that this was a standard ordinance used by many cities for requiring a permit. However, the Council may wish to utilize the existing standards under our Storm Water Manage- ment Ordinance so he has also prepared Ordinance 82-0-24A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 9.5.-56, 9.5.-57 and 9.5.-58 OF CHAPTER 9.5 OF THE EDGEWATER CODE OF ORDINANCES, TO PROVIDE THAT SINGLE FAMILY AND DUPLEX RESIDENCES AND ACCESSORY USES NOT TO EXCEED TWO (2) UNITS PER LOT SHALL NOT BE EXEMPT FROM THE FORMAL PERMITTING PROCEDURES OF CHAPTER 9.5; BY PROVIDING THAT THE INTENDED DESIGN OF DITCHES AND SWALES SHALL NOT BE IMPEDED IN ANY WAY; AND PROVIDING THAT APPROVAL OF THE SUPERINTEN- DENT OF PUBLIC WORKS MUST BE OBTAINED BY ANY PERSON PROPOSING TO ERECT A DRIVEWAY WHICH WOULD CROSS A SWALE OR DITCH OR TO BUILD ANY STRUCTURE WHICH MIGHT IMPEDE THE INTENDED FLOW OF WATER THROUGH SUCH SWALE OR DITCH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The City Attorney referred to some present ordinances that the City has which concern the flow of water primarily the Storm Water Ord. which has not been utilized to its fullest potential. Site plan approval for subdivisions involves the consulting engineers which 2a helps eliminate any future drainage problems. This review is not done for single family homes. The Council may wish to take the two proposed ordinances and possibly combine them or take certain options in setting up an ordinance. Councilman Wilbur motioned that no driveways shall be allowed to be constructed without approval from Public Works and the Building Inspector, seconded by Councilman Lodico. Motion CARRIED 4-0. Councilman Wilbur motioned to TABLE Ordinance 82-0-24 and 82-0-24A until July 19th, seconded by Councilman Lodico. Motion CARRIED 4-0. UNFINISHED BUSINESS: Special Grant of Easement. Council needs to approve this legal form in order to proceed with the pilot sewer project. Councilman Wilbur motioned to approve the agreement form and proceed with the project, seconded by Councilman Lodico. Motion CARRIED 4-0. NEW BUSINESS: Poll Workers. Council needs to approve poll workers for the Special Election on July 13, 1982. Councilman Lodico motioned to approve the list presented by City Clerk, seconded by Councilman Ledbetter. Motion CARRIED 4-0. u c.,) Council Meeting June 21, 1982 - 4 - Award of Bid for 6" Pipe: The Superintendent of Utilities sent his recommendations to accept the lowest bid since all items conform to specifications. There was a tie bid on the 6" PVC water pipe and the suggestion was made to split the award of the bid between the two companies. The pipe is for Section II, Florida Shores Water Program. Councilman Wilbur motioned to accept the Superintendent's recommenda- tions and award the bid as presented, seconded by Councilman Ledbetter. Motion CARRIED 4-0. Policy on Overdue Utility bills: The question has been raised concerning who is to pay for overdue utility bills when a tenant who owes the bill moves out without paying. The policy has been to collect from the next tenant before service is restored. The City Manager suggested that the Council may wish to refer this to the attorney for guidance. The complaint before the Council referred to trash collection but the whole policy should be examined. Mayor Christy said that the property owner was responsible. There was a brief discussion about deposits. There is no deposit for trash pickup. The City Attorney noted that he has frequently been questioned about the present City policy. The Council should address this issue and ~Ekesome changes. Councilman Ledbetter pointed out that even if a house is vacant, there is usually some yard work done and that means a trash pickup. Perhaps the City should pass an ordinance requiring a trash deposit. The City Attorney also suggested the City might wish to set up a true lien system. It was decided that the Council would receive a report and recommendations from the Attorney and the staff concerning a solution to this problem. This will be presented at the next Council meeting. Mr. Holahan, representing a home owner, spoke to the Council regarding the immediate problem of trash pickup at the home where service has 2b been discontinued until payment is made of $211.60. There should be a time limit and it should not be allowed to continue to build up for such a long period of time. MISCELLANEOUS: Mr. Bud Wriqht spoke about putting letters on the agenda if the City.Manager teels the contents do' not rn~~t. th~~taridards set-by law for communications to the Council. He e;{aE3st.ioned if the Mayor would bring up any such letter written as he had done earlier in tonight's meeting. Mayor Christy said if the writer requested that the letter be read at a Council meeting, he would see that it was. Mr. Ken Millard spoke to the Council regarding the question raised earlier about a proof of publication for an ad run at the direction of the Charter Commission. He told the Council that he would never consider paying a bill without a proof of publication. The City Clerk said that the City always has a proof of publication before any bill is paid for any ad. The usual procedure was not followed in this case and it resulted in additional correspondence to procure the proof of publication. Councilman Wilbur asked to have the Police Chief explain the presence of a member of the Edgewater Police Dept. at a raid conducted by the New Smyrna Police at the local bowling alley. There appears to be a possible lawsuit concerning this situation. Chief Baugh told the Council that he had hada meeting between the City Manager,City Attorney, and the officer involved. The officer was there in behalf of some of the cases that Edgewater was working on and he does not believe there are grounds for a lawsuit. The City Attorney added that he had also discussed this case with the State Attorney's office as well as the attorneys representing the individual complai~ants and the opinion appears to be that the City has no specific liability with regard to this incident. The Edgewater officer was involved as an observer. Mr. Frank Opal spoke about the collection of past due bills and charged administrative laxity. He also questioned the resignation of the City Attorney. 4 (.J u . Council Meeting June 21, 1982 - 5 - City Attorney Henderson read his letter of resignation. Mr. Henderson is running for a seat in the Florida House of Representa- tives. The letter contained reference to his rewarding experiences as City Attorney, certain accomplishments that have been made in the past couple of years specifically the new Home Rule Charter. and thanked the citizens of Edgewater for giving him the opportunity to serve them. Councilman Lodico thanked the City Attorney for the fine job he has done and motioned to accept the resignation and start looking for another City Attorney, seconded by Councilman Wilbur, with regret. The motion CARRIED 4-0. Councilman Ledbetter motioned to instruct the City Manager to advertise for an attorney and report back to the Council at the next meeting, seconded by Councilman Lodico. Motion CARRIED 4-0. Mr. James Cameron spoke to the Council concerning the matter of the police officer's involvement in the incident at the bowling alley. He feels that the Chief should know what his men are doing and they should only leave the City on an emergency basis. This officer transported and interrogated people and he should be reprimanded. The City Attorney recommended that the Council get all the information before making any decision or taking any action. The Council will wait for a complete report from the Police Chief. 3a Mrs. Cichewicz asked about the proposed ordinance for driveways. She also spoke about the recent heavy rainfall and the problem created in Wildwood. The City Manager said that correcting the driveway problem was only one of the Council commitments~n correcting the drainage problem in Wildwood. City crews have been working in the area and will continue to work towards improving the drainage in the area. Mrs. Reilly asked what has been done in Wildwood,so far,to correct the water problems. Mr. Mitchell said that crews have been out there to determine the grades and elevation. Mr. Ryan asked out the pipes under the road at Wildwood and also if the County had been approached about the drainage canal. Mr. Mitchell said that the City is currently determining what we can do ourselves and what may be the responsibility of developers or builders so that the Council can decide what steps are to be taken. Mr. Ken Dore spoke about flooding in the Florida Shores area and reminded the Council there were other areas in the City that flooded besides Wildwood. 1Jlayor Christy criticized the present Civil Defense Director by alleging t:.qat he was not aoing his job durin"ij- the 'recent bad rainstonn. . ( by Minutes submitted by Nancy Blazi \ . r, ~ , 44/ /~ Approved of July, L ecl,fe~/t!.-e 8~e 05 ec:l __ Councilman ~ \'