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07-19-1982 - Regular - u ~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING July 19, 1982 Mayor Christy called the meeting 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 Excused Present Present City Atty. M.J. Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present Mayor Christy announced that Councilman Ledbetter's surgery had been successful and that it did not appear as if any further surgery would be necessary. There was a silent Invocation and a salute to the Flag. Mayor Christy opened the Public Hearing on Ordinance 82-0-23 concerning the Citizen's Code Enforcement Board. The City Manager called attention to Sec. 5(4) regarding the filling of vacancies on the Code Board. According to law, the Council should fill all unexpired terms on the board. The aforementioned section dealing with the "alternate position automatically filling a vacancy", should be changed. The Council agreed to change the sentence to read: "Vacancies shall be filled by the City Council for the unexpired terms affected." Councilman Wilbur questioned recent appointments to the board which should have been a regular member and an alternate. Mr. Mitchell replied that Mrs. Mason was a regular member and Mr. Hall was still the alternate. The City Attorney read Ordinance 82-0-23 by title only. 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 ENFORCE- MENT PROCEDURES; PROVIDING FOR CONDUCT OF BUSINESS AND HEARINGS; PRO- VIDING 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 REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Councilman Pendleton motioned to close the public hearing, seconded by Councilman Wilbur. The public hearing was closed. The Ordinance was read again by title only. Councilman Lodico motioned to adopt the ordinance with the change as previously noted, seconded by Councilman Wilbur. Motion CARRIED 4-0. REGULAR MEETING: Minutes: Councilman Wilbur motioned to approve the minutes of the meeting of June 21, 1982, seconded by Councilman Lodico. Councilman Pendleton told the Council that he was going to change the practice of voting no "due to absence", because he had read the minutes and was familiar with the events of the meeting. Motion CARRIED 4-0. , . u w Communications: Industrial Board. Mr. Mitchell said that this concerns the rezoning of Park Ave. west which will be discussed at the August 2, 1982 meeting. The Board has also requested that future rezoning be brought to their attention. The Board opposes the rezoning of the industrial area on Park Ave. Mr. Mitchell added that he hopes to have this rezoning resolved by the August meeting. Mayor Christy requested that Mr. Holahan's letter be brought up from Unfinished Business to Communications. The City Clerk read the ~etter' regarding a garbage and trash bill for 1311 Sabal Palm. Mr. Mitchell said that a meeting had been held with staff members and the attorney regarding the problem of delinquent bills. The City requires a deposit on water and sewer bills but often the owner or tenant will move out without paying and the bill continues to increase. They suggested a policy that if the bill exceeds $100.00 then a lien would be put on the property. The City Attorney discussed the bond issue that gives the City the authority to put liens on property for nonpayment of the water and sewer bills but the City does not have the authority, at this time, to put liens on property for nonpayment of refuse bills. The Council discussed the preparation of an ordinance that would give the authority for liens on refuse bills. Councilman Wilbur motioned to authorize the City Attorney to draw up the necessary ordinance on refuse collection to grant City authority to file liens against the property when the bill is not paid, seconded by Councilman Pendleton. Motion CARRIED 4-0. The Council discussed the present problem on overdue refuse bills. Councilman Pendleton motioned to authorize service for the present tenants, seconded by Councilman Wilbur. Motion CARRIED 4-0. The City Attorney also noted that present state statutes allow for liens on property when a water system has been financed by a bond issue and gives the city the right to foreclose on the property if the lien is delinquent for more than a specified period. We could add the same restriction to the refuse ordinance. Ordinances and Resolutions: Mayor Christy said he had not received this information until just before the meeting and asked who had authorized the preparation of these resolutions. Resolution 82-R-36: A RESOLUTION OF THE COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING THE FINDINGS OF THE EQUALIZING BOARD OF THE CITY OF EDGEWATER, FLORIDA, WHICH MET ON JULY 12, 1982, FOR PURPOSES OF CONSIDERING ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESS- MENTS FOR ROAD PAVING AS CALLED FOR IN RESOLUTION 82-R-32, REPEALING 2a ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 3-1. Mayor Christy voted NO. Resolution 82-R-37: The City Manager requested that a change be made in this resolution since the original resolution called for a local institution and limited the places where the City could get bids on the financing. A RESOLUTION OF THE COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE THE NECESSARY ARRANGEMENTS FOR THE CITY TO SECURE FUNDS FROM A FINANCIAL INSTITUTION, BOND ISSUE OR BOND ANTICIPATION NOTE, FOR PURPOSES OF FUNDING THE ROAD PAVING PRO- GRAM, PREVIOUSLY APPROVED BY RESOLUTION 82-R-22; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Council Meeting July 19, 1982 - 3 - u w Councilman Wilbur motioned to approve the minutes of the July 12, 1982 meeting, seconded by Councilman Pendleton. Motion CARRIED 4-0. Councilman Pendleton motioned to approve the minutes of the July 14, 1982 meeting, seconded by Councilman Wilbur. Motion CARRIED 4-0. Bills and Accounts: The City Manager requested that the supplemental bills be considerea. There were no purchase orders issued for these bills and possibly the Council may wish to put this off and wait for a report. Councilman Pendleton said that he was concerned about the reaction of the auditors to so many bills without purchase orders. These bills should be held until a purchase order is issued. Councilman Wilbur motioned to add the supplemental bills to the accounts to be paid, seconded by Councilman Pendleton. Motion CARRIED 4-0. Councilman Pendleton motioned to pay the bills, seconded by Councilman Wilbur. Mayor Christy questioned the bill to Design House for City seals and also the bill to the pennysaver for the delivery of Charter information. Councilman Lodico noted that the Boy Scouts were supposed to deliver this information but someone complained that it was too political and so it was necessary for the City to hire someone to deliver this information. Mayor Christy also questioned the City Attorney's bill. Mrs. Henderson stated that her office charged only for City business and did not charge for every minute spent on City business. Roll call on motion to pay the bills CARRIED 3-1. Mayor Christy voted NO. Mayor Christy stated that pursuant to 8 120.52 par. lC and 8 120.53 par. I-D-l and Article II Sec. 2-22 of the Municipal Code, he had called a Special Meeting on July 16, 1982 and he recessed it until this meeting. It concerns the clarification of Res. 82-R-33 as suggested by the State Attorney in his letter dated July 2, 1982. Councilman Pendleton indicated that the Mayor was out of order because the Council was not notified that this meeting was going to come up tonight. Mayor Christy requested that the City Attorney read Sec. 23.153 concerning council meetings conforming to administrative procedure act for public notice requirements. She also read 120.52 lC and para. 120.53 I-D-l. concerning the availability of an agenda seven days before the meeting. Councilman Pendleton said it was the Mayor's responsibility to inform the Council that this subject would be brought up at this meeting. If the Mayor would bring it up at the proper time they will make a decision, the Council should get on with this meeting. Ib Mayor Christy moved up the communication from Earl Wallace from Unfinished Business. The City Clerk read Mr. Wallace's letter regarding a fine imposed on him for alleged failure to file conflict of interest forms. An affidavit was attached to the letter stating that the forms had not been available at City Hall at the time he requested them which made it necessary for him to file after the accepted time limit. He requested that the Council rescind the fine. Mayor Christy read from the letter from the Ethics Committee and also had the affidavit read into the record (see attached). Council discussed the additional information that was not presented earlier. Councilman Pendleton motioned to rescind the one hundred dollar fine, seconded by Councilman Lodico. Motion CARRIED 4-0. Council Meeting July 19, 1982 - 2 - v u Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. Mayor Christy questioned giving all this authority to the City Manager. Councilman Pendleton noted that the City Manager will report back to the Council and the final decision will rest with the Council. Motion to adopt CARRIED 3-1. Mayor Christy voted NO. Resolution 82-R-38 has been changed to an ordinance at the request of the City Attorney. Ordinance 82-0-26: AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA ADOPTING A NEW OFFICIAL ZONING MAP FOR THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE MAYOR TO IDENTIFY THE MAP AS THE OFFICIAL ZONING MAP BY SIGNING HIS NAME THERETO; DIRECTING THAT THE SEAL OF THE CITY BE PLACED UPON THE OFFICIAL ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Pendleton. Motion CARRIED 3-1. Mayor Christy voted NO. Ordinance 82-0-24A: Councilman Wilbur motioned to bring this off the table, seconded by Councilman Pendleton. Motion CARRIED 3-1. Mayor Christy voted NO. 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 SUPERINTENDENT 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. Councilman Lodico motioned to adopt the ordinance, seconded by Council- man Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. Ordinance 82-0-25: AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE I, CHAPTER 2, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, RELATING TO ADMINISTRATION, BY ADDING THREE NEW SECTIONS TO PROVIDE THAT COUNCIL MEMBERS SHALL DEAL WITH CITY OFFICERS AND EMPLOYEES WHO ARE SUBJECT TO THE DIRECTION AND SUPERVISION OF THE CITY MANAGER THROUGH THE CITY MANAGER; PROVIDING LIMITS UPON THE USE OF CITY GOVERNMENT FACILITIES BY MEMBERS OF THE COUNCIL; PROVIDING FOR THE SAFEKEEPING OF RECORDS; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Councilman Pendleton noted that it was a sad situation when it becomes necessary to have an ordinance like this because the Mayor seems to think he can walk into City Hall and make anything in City Hall available to him including items in the vault. Some time ago there were many accusations about papers missing from City records which were subsequently found. There have also been complaints from employees about the disruption of their work. We should not need this ordinance. The City Manager has the responsibility and authority of safeguarding all the City's papers and should take whatever steps necessary to do so. This free access to City Hall is not allowed in other places. The City Manager should have the authority to set rules about handing out papers and the employees should follow his orders. Council Meeting July 19, 1982 - 4 - u ~ Mayor Christy pointed out that the vote on the referendum indicated that the people did not give the City Manager that authority. They voted to retain the old charter. The Mayor added that he asks the City Clerk if he needs copies of City records. The Council should live up to the present charter. 2b Upon roll call the motion to adopt CARRIED 3-1. Mayor Christy voted NO. Unfinished Business: The City Manager reported to the Council on the bill for the paving of Old County Road. The Council had originally approved of this project at a cost of $995. 00 to Towers Construction and up to $2400.00 for materials. Due to the nature of the soil, it was determined that a different material would be more suitable. The material was ordered by the contractor and there was an overrun on the original estimate. Councilman Wilbur motioned to pay this bill, seconded by Councilman Lodico. Motion CARRIED 3-1. Mayor Christy voted NO. The City Clerk read a letter from the Police Chief explaining the presence of ail Edgewater police officer during a drug arrest in New Smyrna Beach. Sgt. McEver was present solely for the purpose of gathering information on burglary related offenses in Edgewater. The City Attorney suggested that the Council may wish to set a special hearing in this personnel matter directing the Police Chief to perhaps give a more complete report to show cause why the City of Edgewater was involved in a raid in New Smyrna Beach. Councilman Lodico indicated that there might be a law suit unless the Council gives this matter more attention. Councilman Pendleton motioned to accept the letter as a matter of information reserving the right to take further action at a later date, seconded by Councilman Wilbur. Motion CARRIED 3-1. Councilman Lodico voted NO. Selection of City Attorney: The Council was presented with a list of applicants for the position of City Attorney. Councilman Pendleton motioned to TABLE this for an interview workshop, seconded by Councilman Wilbur. Motion CARRIED 4-0. The City Manager will set up the interviews, if possible, for Thursday, July 22, 1982. Impact Fees: Councilman Wilbur motioned to TABLE this at least until fall, in view of the present economic problems faced by home builders, seconded by Councilman Pendleton. Motion CARRIED 4-0. Wildwood Drainage Correction: The City Manager reported to the Council that several actions have been taken to correct conditions in the Wildwood area. These improvements include the use of fill dirt and the approximate cost of this project is $2,000.00 when finished and Council approval is requested. Councilman Wilbur motioned to approve the action taken and to authorize the City Manager to proceed with the corrections, seconded by Councilman Pendleton. Motion CARRIED 4-0. A ten minute recess was called at 9:00 P.M. Meeting called back to order at 9:10 P.M. New Business: Street abandonment request: Mr. Noland of Noland Car Co., Inc. has requested that Council consider abandoning a 50' strip of land adjacent to his property so that he could use it for an entrance to his plant. He is willing to trade or lease for another strip of property he owns to the south of his property. Mr. Mitchell pointed out that the deed giving the 50' strip to the City has a reverter clause and that Mr. Fuller, one of the grantors, has indicated that if the City were to abandon this strip it should revert back to him. ~ Council Meeting July 19, 1982 - 5 - " (.) <-) 3a Mr. Noland spoke to the Council explaining his position on this matter and the need to be able to block off this entrance to his plant for security reasons. Mr. Fuller spoke to the Council stating that the City had agreed to maintain this strip as a road and to put in water lines. There was a rather lengthy Council discussion concerning this matter. Mr. Fuller was requested to furnish information about the agreement on the water lines and street maintenance to the City Attorney. Councilman Pendleton motioned to turn this matter over to the City Attorney to get the necessary information and bring it back to the Council, seconded by Councilman Wilbur. Motion CARRIED 4-0. The City Attorney noted that there appeared to be two questions to be researched: (1) did the City agree to maintain the street and put in water lines and (2) if the Council allows Mr. Noland to use the road as a semi-private road and possibly fence it off for security reasons, would the reversionary clause be activated giving title to the original grantors. Bids for Road Paving: The City's consulting engineers have recommended the City accept the bid from Martin Paving Co. of Daytona Beach for a total of $280,307.50. The bid gives the company 90 days to start the project and 6 months for completion. Mr. Mitchell requested that if the Council accepts this bid they do so contingent on the availability of funds. Councilman Wilbur motioned to accept the bid from Martin Paving contingent on the availability of funds, seconded by Councilman Pendleton. Motion CARRIED 4-0. Personnel Rule Change: The Merit Board has recommended unanimously that the Council revise the rules concerning Leave of Absence for court appearances either as a member of the jury or when required to appear as a witness. At the present time, an employee must reimburse the City the jury and witness fees they receive for a court appearance. The Board feels that employees should be more adequately reimbursed for any financial cost incurred by a court appearance. Councilman Pendleton motioned to approve the recommendation to revise this section, seconded by Councilman Wilbur. Motion CARRIED 4-0. Councilman Pendleton motioned to instruct the City Attorney to draw up the necessary resolution for this revision, seconded by Councilman Wilbur. Motion CARRIED 4-0. 3b Manager's Contract: A request has been made for a revision in the City Manager's contract as follows: (1) the manager's salary is not to be reduced during the term of his contract and (2) the contract is to be automatically renewed for a period of two years upon expiration, unless the manager is notified 30 days prior to contract termination, in which case the severance provision would be applied. The manager may be dismissed at any time, as now. Councilman Wilbur motioned to approve this revision, seconded by Councilman Lodico. Motion CARRIED 3-1. Mayor Christy voted NO. Mayor Christy said a motion was passed last May to send a letter to Sen. Hawkins regarding the bridge at the end of 442. This letter has not been sent. Council Meeting July 19, 1982 - 6 - \\ ~ u u Award of Bids - Cable: The City Manager informed the Council that the recommendation is to accept the low bid from Newark Electronics of Orlando for $6,104.00. Councilman Wilbur motioned to accept the bid from Newark Electronics, seconded by Councilman Pendleton. Motion CARRIED 4-0. Disbanding Charter Review Commission: Councilman Lodico motioned to <oisband the Charter Review Commission and thank all members for the work they did, seconded by Councilman Wilbur. Motion CARRIED 4-0. q~ Miscellaneous: Mr. Walter Gross requested the Council provide adequate office facilities at City Hall for the mayor, questioned the money spent on advertising the new charter and asked the City Manager to resign. Mr. Kenny Clinton questioned the purchase of tires from a city car by the Police Chief. The Mayor said these tires were going to be thrown away and the City Manager added it was the policy of the Public Works Dept. to throw the tires away but he had been told the Chief had taken them for a family car. The Chief admitted he had used the tires and agreed with the Manager's decision to reimburse the City for the tires. Mr. William Glaser asked what the rules were in the present charter regarding the hiring of a City Manager. The City Attorney responded that the present charter allows the Council to hire a City Manager. Mr. Glaser continued by saying that it had not seemed possible to ever get paving in Florida Shores but now we have a City Manager and we are going to get paving done in Florida Shores. Mr. Frank Opal spoke about Section 7A of the charter that presently concerns weed control but which should be about annexation and nothing has been done to correct this error. Mr. James Cameron questioned the Police Chief about the presence of Sgt. McEver in what was a New Smyrna Beach police matter. The Chief answered that the Police Dept. had reason to believe the matter could be related to crimes committed in Edgewater. He was aware that Sgt. McEver would be involved in the raid but did not know precisely when the raid would take place. Mr. Cameron continued by saying that he did not believe the Chief was in control of his department and should be suspended pending a complete investigation by the Council. The City Attorney advised Mr. Cameron to file a formal complaint so that it could be considered by the Council possibly at a special hearing. It had been called to her attention that there appears to be a new law concerning investigations into complaints against police officers which may be exempt from the Public Records Law. The legal department needs to study this new law more carefully to make a determination. Mr. John Siburn complained about the paving of Connecticut and asked why the grant money was not used. He also complained about poor trash pickup. An unidentified woman (Mrs. Siburn?) also asked about the selection of streets to be paved. Mr. Mitchell replied that the Council had directed the Public Works Supt. to select the streets most in need of repair. The woman continued by referring to street paving on River- side in front of Councilman Lodico's home and the paving of his driveway. Councilman Lodico denied that any work had been done on his driveway by the City. Mrs. Alice Murphy spoke about the removal of dirt from streets in Florida Shores for use at the dump and the fact that this dirt will have to be replaced prior to paving. Mrs. Sally Pendleton told the Council that she resented the complaints of the Mayor that he does not get all the information before a meeting because all the Council get their information in plenty of time to study it before a meeting and the Mayor should not keep insinuating he is treated differently. Mrs. Carrie McAllister told the Council she stopped the Boy Scouts from delivering what she believed was political material on the new charter. The taxpayers should not have paid for this. She also complained about board appointments. Mrs. Mason expressed regret that politics had entered into the adoption of a new charter and added that the Chief would have been protected under the new charter from the accusations made against him and also the City Manager and the City Council would have been under the control of the people. Council Meeting July 19, 1982. - 7 - '. .' ~ , . u v Councilman Pendleton motioned to adjourn the meeting, seconded by Councilman Lodico. Meeting was adjourned at 10:25 P.M. Minutes submitted by Nancy Blazi "~ ,,-kC'~~t2 . Cefuncllman !l !/ .."//1, ~. .. -;y- ~JI~ 't:ouncilman .~ ....~ , r 'l " ~:J t:J. ~. , -' f d ~ ~ J J ..: " .... ,"':' ..{ .. -, , ~L~ ouncllman . ATTEST: c~ r 117' Approved this ~' day of August~~ .oj Council Meeting July 19, 1982 - 8 -