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09-20-1983 - Special ,. -. .. (.) Q CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 20,1983 MINUTES Mayor David Ledbetter called the Special Meeting of Council to order at 9:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present The first item was the VanzinjHall Property on West Park Avenue. Councilman Asting noted that he understood the units were to be built for rentals and he had heard they w€.!re being sold as individual units. City Attorney Alvarez said the first item to consider was the operation of the restaurant and if the conditi ons agreed upon to allow a 1 i cense to be issued had been met. He sa i d after reviewing the conditions and Fred Vanzin's compliance with the conditions then Council should decide on the issuance of the license.. He said the actual structure is a separate issue, the approvals received and the different uses which this structure has been put to, whether for rental or sales, and if it complies with the building code requirements and fire code requirements. He noted the owner was to use the parking of six of the units in the building and had agreed not to sell or rent those six units until this matter was resolved. He said he had asked that the Building Official make the inspection to determine if the requirements were met and the Building Official had replied in a memo. He noted some of the conditions were installation of a guard rail to prevent an unsuspecting driver from going over, removal of a parking stall on the east side of the building to provide vehicles a turn around area, the completion of the parking lot connected to it, the erection of a bridge, and covering of the trash dump. Mr. Frank Hall said he sells the units condo style or zero lot lines and didn't think there was any regulation that said he couldn't. He said the fire walls were approved by Charlie Murphy. Councilman Asting asked if they met the Standard Building Code and Mr. Hall said yes. Councilman Asting asked Mr. Ray Bradshaw, Building Official, if the fire walls in the Frank Hall structure on Park Avenue met the Standard Building Code. ,Mr. Bradshaw said he was never in the building except the restaurant. Council- man Asting asked him if he had looked at the firewalls in the restaurant and Mr. Bradshaw said that was Mr. Murphy's job and he'd never done any inspections on the building. Councilman Asting stated he felt it was our responsibility now. Mr. Robert H. Christy, 1916 Evergreen Drive, called a point of information. He asked Mr. Bradshaw if this was zero lot lines. Mr. Bradshaw said he knew nothing about the building as he never even saw the plans. Mr. Christy said if it's zero lot lines, it's illegal. He asked how it was presented to the board, as a rental or a selling unit. Councilwoman Bennington asked City Clerk Kinsey to read the memo from Mr. Bradshaw in response to their request to check for the requirements. City Clerk Kinsey read the September 2nd memo from Mr. Bradshaw. City Attorney Alvarez said the seven items of compliance were not connected to zero lot line or condo concept or minor subdivisions. They require the use of normal senses to look and observe. He read the list of requirements to be met. He said from his personal observation he could see the chain link fence was installed and the parking on the east side, and that the garbage dump had been shielded. Councilwoman Bennington noted that Mr. Bradshaw said he hadn't seen the plans but with the memo he received from the City Clerk he should have looked at the plans before inspecting. Mr. Robert H. Christy asked if there were two subjects here and Councilwoman Bennington and Councilman Wargo agreed there was. Mayor Ledbetter noted that on the east end of the building he could see the turn around was needed. ,+ ~ o Councilwoman Bennington said she'd suggested the parking in the back be angled and she didn't think that had been done. Mayor Ledbetter stated it could be a problem if the cars were parked north and south. Mr. Robert Christy asked if he could be notified when the other matter was discussed. Councilman Asting said he wanted a member of the Fire Department or the Building Official to go out and inspect the building to make sure the fire walls met the Standard Code for individual units, as in the past held seen a lot of people not paying attention to building in the City. Mayor Ledbetter asked if the State Fire Marshall should be called in and Councilman Asting said if we don't have a qualified fire person. Councilwoman Bennington noted that this agreement shows that Council vias trying to get a handle on these things, and as long as the City Attorney says they have complied with the requirements, she didn't see how they could not release it. Councilman Asting said he had no objections to issuing a permanent license if they've been complied with. City Attorney Alvarez said his statements were based on his personal observations and it is not in his realm of responsibility or authority to determine compliance with these items. He asked Mr. Fred Vanzin to come forward and answer some questions. He asked Mr. Vanzin if the chain link fence had been installed and Mr. Vanzin said thatit was. He asked Mr. Vanzin if the parking stalls along the east side had been removed and Mr. Vanzin said that was the west side and they had been removed. He asked Mr. Vanzin if the garbage dump was surrounded by a shield and Mr. Vanzin said yes. He asked Mr. Vanzin if the adjacent parking lot was operational and Mr. Vanzin said yes, and it's connected to the other parking lot. He,asked if you can walk on the bridge and Mr. Vanzin said yes. City Attorney Alvarez said the only remaining item would be the angled parking and the possibility of a fire hydrant. Councilman Wargo expressed his disappointment that two men who served on the Building Code Goard would put the City in such a situation. Councilwoman Bennington noted that Mr. Vanzin brought in plans to remodel and Charlie Murphy gave him a permit and the Code states it has to come to Council for a restaurant. She asked Mr. Hall if he would change the angle of the parking and Mr. Hall agreed to that. Mayor Ledbetter asked City Attorney Alvarez if he was satisfied the items had been met as far as Mr. Vanzin was concerned and the operation of the restaurant. City Attorney Alvarez said it seems to have been complied with. Councilwoman Bennington said that based on the Attorney's recommendation and from what she has seen, if Mr. Hall will change the angles of the parking, she moved that they release Mr. Vanzin from this agreement and grant him the license. Councilman Wargo supported the motion. Motion CARRIED 5-0. Councilman Asting moved that a qualified person from our Fire Department or the State Fire Marshall make an inspection of the Frank Hall structure on West Park Avenue to see that the firewalls meet the Standard Building Code. Councilman Spencer seconded the motion. Councilman Asting added the reason for this is the structures were being sold as individual units. Mr. Robert H. Christy asked that the report be brought back to Council and Mayor Ledbetter said it would be. Motion CARRIED 5-0. Buil~in~ Official -.Mayor Ledbetter noted that on September 7, 1983, the Resolution conflrmlng the ~ppolntment ?f Ray Bradshaw as Building Official, #83-R-67, was not adopted: Councllwoman Bennlngton said she felt this was self-explanatory and Council- men Astlng and Wargo agreed. Councilman Spencer said the resolution was to confirm their previous vote to hire him on a permanent basis, and he was concerned that since they have.sat as a Co~ncil they had gotten rid of a number of people in City govern- ment and,lt was done ln such a manner that they didn't give the individual an adequate opportunltY,to resp?nd to pr?blems or charges. He suggested Council give Mr. Bradshaw an opportunlty to dlSCUSS thlS with them. -2- Special Council Meeting Minutes September 20, 1983 ~ o o Building Official (continued)- Councilman Asting noted that recently a petition was submitted to Council, signed by a number of builders and developers, expressing their confidence in Ray Bradshaw and prior to that there were complaints from them about him. Councilwoman Bennington said that she had numerous complaints from builders and then all of a sudden they received this petition supporting him. She said at the Special Meeting she made the motion to retain him based on the City Clerk's recommendation. She commented on sections of the minutes in which Ray Bradshaw contradicted himself regarding teaching the codes to builders. She said Mr. Bradshaw had issued a permit for a duplex in B-3 that should have come before the Board of Adjustment for a Special Exception. She asked Mr. Bradshaw if he checked to see this met with the Code, and asked how he issued a permit when it states in the Code it should come before the Board of Adjustment. Mr. Ray Bradshaw came forward and said the story behind that is that the permits are for Blandy's building and it was issued to remodel long before he came and it had expired. Councilwoman Bennington said she'd received a complaint on it and had pulled the folder and it said it was for an efficiency apartment. Mr. Bradshaw said this was for remodeling of an efficiency apartment and that was why he wrote another permit. Councilwoman Bennington asked if he wrote it without its being checked and Mr. Bradhsaw said the final had not been issued. Councilman Asting asked if the person was in the audience who is doing the remodeling and Mr. William Blandy came forward. Mr. William Blandy, owner of the duplex on Edgewater Drive, said he was issued a permit on the basis that apartments are a permitted use in a B-3 zone and it's only in the front hal of the building and not a triplex. Councilman Asting asked if there would be three families in that dwelling. Councilwoman Bennington said in B-3 duplexes or multi-family are Special Exceptions. Mr. Blandy said the walls were in when he bought it and he had been making some improvements and had been granted a permit twice and it had been rescinded. Councilwoman Bennington said it1s not their fault but the Building Official did not follow the proper procedure in issuing the permit and he should have been told to go before the Board of Adjustment. Mr. Blandy said he should have been told this two years ago and this Council was responsible. Councilwoman Bennington questioned why this wasn't brought up two years ago. Mr. Blandy said this was selective enforcement and breach of contract which is against the law. City Attorney Alvarez asked Mr. Blandy if the permit was revoked and Mr. Blandy said it was revoked by Mr. Bradshaw yesterday (September 19th) by telephone. . Mr. Blandy said the first permit was issued by Charlie Murphy and the renewal by Ray Bradshaw. Councilwoman Bennington asked why it was stopped by Mr. Bradshaw and Mr. Blandy said he was told it was issued in error and it had to come to the Planning Commission. Mr. Bradshaw said he got her message that it was to be rescinded and Councilwoman Bennington said she didn1t tell the City Clerk to rescind it. City Clerk Kinsey said she told Mr. Bradshaw to research it and see what needed to be done. Council- woman Bennington noted that twice held issued permits in .violation, and that was grounds to terminate his services. Councilman Asting asked Mr. Bradshaw if he had advised Mr. Blandy what the next step would be to get the construction qoing. Mr. Bradshaw said he called to advise him there was a question on the permit and that apparently it would have to go before the board. Councilman Asting said if he's converting a duplex to a multi-family it would require a Special Exception. Mr. Bradshaw said he wasn't aware that this was changing to an added unit but was aware that it was a renewal of an existing permit~ and only one room was open at his first inspection. Councilman Asting asked him if hewasn't curious about what type of construction was being done under the first permit and Mr. Bradshaw said he didn't think it was something he had jurisdiction over since it had already been issued and was substantially complete. Councilman Asting advised him he did have jurisdiction as the Building Official and apparently a multi-family was being constructed which required action by the Board of Adjustment or the Planning Commission. Mr. Bradshaw said it took it at face value and didn't question it. -3- Special Council Meeting Minutes September 20, 1983 o Q Building Official (continued)- Councilwoman Bennington advised Mr. Bradshaw they had problems in the past with loose ends and now he's telling them he did it because it was done before. Mr. Bradshaw said held told them at his interview that it would take three people full time to set up a proper Building Department in this town. Councilwoman Bennington said part of the problem and most of the complaints she's received from builders was that he won't stop talking. Mr. Bradshaw said he didn't think that was a problem and that most builders do not know the Code but a plumber knows the Codes and framing contracto~and electricians know the Codes. Mayor Ledbetter asked if he was saying that the area builders do not know the Code and Mr. Bradshaw said the builders all around the country don't know the codes. Mr. Bradshaw said Frank Hall knows the plumbing code but he doubted if he knew the Building Code in general, and J. C. Carder will probably say he doesn't know the Code. Councilwoman Bennington asked how they get a license and M~. Bradshaw said it's an academic test and has very little to do with building. Councilman Spencer said he thought there was an inference that something had happened to change their views when the petition was presented from the builders. Councilman Asting said he was just curious but didn't mean it as an inference. Councilman Spencer asked if some that signed could speak to Council. Mr. Frank Hall, New Smyrna Beach, said he had no problems getting inspections from Mr. Bradshaw but he didn't get any permits. Councilwoman Bennington asked Mr. Hall what the builders thought about not knowing the Codes. Mr. Hall said he knows about the plumbing business. Councilwoman Bennington asked how he'd go about building something and Mr. Hall said he has someone build for him. Councilwoman Bennington asked if he was assuming his builder knows the Codes and Mr. Hall said he should know them. City Attorney Alvarez asked Mr. Hall about an opinion from Mr. Bradshaw that his building would constitute a subdivision and this division of land is more than three parcels so would not qualify as a minor subdivision, and asked his opinion on this. Mr. Hall said he knew nothing about it. City Attorney Alvarez suggested since they will have to deal with this issue they need to discuss it some time. Mr. Hall said he had a discussion with Mr. Bradshaw regarding those items on the agreement and Mr. Bradshaw said he couldn't determine what the Council wants on the inspection. Councilwoman Bennington asked Mr. Edwin Hall to speak to Council. Mr. Ed Hall, Edgewater builder, said when Mr. Bradshaw first arrived here they'd had several dis- cussions and had heard numerous complaints from other builders. Councilman Asting asked him if he is a licensed contractor and Mr. Hall said he is a licensed general contractor. Councilman Asting asked him if he knew the Building Codes and Mr. Hall said not as well as Mr. Bradshaw but he gets by. Councilwoman Bennington asked Mr. Hall if he'd knowingly hire someone to do his sub work if they didn't know the Code and Mr. Hall said he didn't think so. Mayor Ledbetter asked Mr. Hall if when he took the examination for the general contractor's license he knew the Building Code in the State of Florida as that is a requirement and Mr. Hall said yes. Mayor Ledbetter stated that nobody IS going to tell him that the contractor doesn't know the Building Code. Mr. Hall said he carries his book in the back of his car and the builders and contractors in general know the Code and they have to, and that the subs would know the Code because they do the same thing all the time. He said it was inferred they were getting something for nothing for signing the petition. Mr. Hall said he wasn't going out of his way to hurt or hinder anyone and .felt Mr. Bradshaw Did a good job. He suggested those that have the complaint coming before Council. Councilwoman Bennington said she was aware that any time there's a change they have to adjust to the new system and there's a certain amount of friction. She said there's a letter from a Mr. and Mrs. Stevens that supported Mr. Bradshaw. She said that he spent time teaching them the Code and he wasn't hired to teach the Code but to enforce the Code. Councilman Spencer noted that he looked at the letter differently and the people needed guidelines and the Building Official rendered that assistance. Council- woman Bennington said they have contractors to build the homes and they should pay for the advice if theylre going to build their own home. Mr. William Blandy, 1705 Edgewater Drive, said he felt Mr. Bradshaw was competent and well within his job to perform a function of assistance to a home builder as he has always relied on a Building Official to tell him what to do. He said he felt this was a tradition in the do-it-yourself industry. He asked if his permit was rescinded or if he can finish the work. -4- Special Council Meeting Minutes September 20, 1983 o o Building Official (continued)- Councilwoman Bennington said he should ask Mr. Bradhsaw. Mr. Blandy said he came to Council to appeal the rescinding and asked if he could continue the building. Councilman Asting noted there was a violation of the Zoning ordinance and he should go before the Board of Adjustment for a Special Exception. Mr. Blandy asked if all building permits would be rescinded. Councilman Asting said Mr. Blandy should comply with the laws and asked if he knew of any other cases. Mr. Blandy said no but he paid twice to get his permit and this was a contract. Councilman Wargo asked if held rather have legal action taken against him for going against the Codes for building a triplex. Mr. Blandy said it would probably come to that. City Attorney Alvarez asked Mr. Blandy what building permit was rescinded and Mr. Blandy said it was the second one but it was the same application and he paid the same fees. City Attorney Alvarez asked him who issued the second permit and Mr. Blandy said it was issued by Mr. Bradshaw. City Attorney Alvarez said if he was mislead to his detriment, he had the right to continue, and this was a separate issue. Councilwoman Bennington said as far as she's concerned, Mr. Bradshaw is argumentative, evasive and will not face his responsibilities and she doesn't care to have a Building Official who will not follow through with the wishes of the Council. Councilman Spencer said that quotations had been given regarding a previous meeting with the Building Official and at the August 11th meeting Mr. Bradshaw gave them a check list of things to be provided to obtain a building permit plus the additional items he was inspecting which were to protect the homeowners. He said there was a 3 to 1 vote at that meeting to retain Mr. Bradshaw and he also was aware there were some errors but every City official makes errors. He said Terry Wadsworth gets complaints about water and Earl Copeland gets complaints about drainage when we have heavy rains. He said he thought perhaps Council had not given full direction to Mr. Bradshaw and if they elect to terminate his services they must do something else to provide the service in the City and asked what other Council members felt should be done, advertise or what. Councilman Asting said the Building Official occupies a very sensitive and important position and they have to rely on him to be fully cognizant of the Building Code and he has to be the expert for the Council. Councilman Spencer proposed that the City advertise for a Building Official position and interview applicants and make a selection if the outcome was termination. Councilwoman Bennington noted that as Council had authorized at an earlier meeting, she had contacted Mr. Lorin Coppock who had said he would be happy to help during an interim period if required and she felt he was fully qualified if they decide to do that and there were other qualified people also. Councilwoman Bennington moved to terminate Ray Bradshawls services at the end of this pay period, which is Thursday. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Spencer voted NO. Councilman Spencer said since this action vias official, he moved that the Council adver- tise for a Building Official and interview applicants. Mayor Ledbetter clarified that would be to instruct the City Clerk to advertise. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the City Clerk contact Mr. Lorin Coppock and find out if he will take the Building Official IS position on a temporary basis until they find a permanent one. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Civil Defense - Councilman Spencer asked why this item was on the agenda and Mayor Ledbetter said it was because of the discussion at the budget hearing and the complaint from the audience regarding the paid position of the Civil Defense Director which had not been paid in the past. Councilman Spencer noted this position had been paid in the past couple of years and Council had substantially cut the budget that was originally submitted and agreed to include this in the budget. Councilman Asting said he had always been opposed to this salary. Mayor Ledbetter said he felt this was a created position and it shouldn't be paid when other board members work free gratis. Councilman Wargo said if they're going to start cutting the budget they should go over all of them as he didnlt agree with all of the others either. He said he felt the Civil Defense Director is a very important position and he didn't think anyone should be asked to do something for nothing, and what happened in the past is ancient history. -5- Special Council Meeting Minutes September 20, 1983 o o Civil Defense (continued)- Councilman Asting said he agreed it's an important position and felt the Police Chief should be the Civil Defense Director as in the event of emergencies, he would be directing the forces that are concerned with control during the emergency. Mr. Robert H. Christy, 1916 Evergeen Drive, agreed it's a very important job and said he was the director from 1974 to 1981 when he was taken from the job at Jake Lodico's insistence. He said County Directors are paid but not City Directors and if the man wants the job he should do it for nothing. He said he wasn't paid when he was the director because he had concern for his City, and every board member should be paid if this position is paid. He said he still has not had his hearing. Councilwoman Bennington noted that Civil Defense is a department and not a board. City Clerk Kinsey said under the General Fund budget it's a regular department. Council- woman Bennington said Mr. Christy's concern was very admirable but the money has been allotted and she didn't see why they would arbitrarily change it and tell the man he has to work for nothing. She felt the $150. a month was barely enough to cover gas and expenses for the meetings he attends. Mr. Robert H. Christy called a point of information and said the position was not budgeted when he was given the position and that was no reason to continue to pay him. Mr. Frank Opal, Florida Shores, said he brought up Civil Defense long ago when he dis- covered the man was being paid the $100. a month andwas also working for the County or State. He said under the new budget he's being rewarded with an increase of $50. and shouldn1t even be paid. and he was opposed to any budget for Civil Defense. Councilwoman Bennington stated that in the 1982-83 budget that Council gave the Civil Defense Director the $50. a month increase and this Council is keeping it status quo. Mayor Ledbetter noted there was no money appropriated when the position was created. Mr. Walter Gross asked how they handled Civil Defense in other cities in Volusia County and asked if Lee Barnett was paid in New Smyrna Beach. Mr. Robert Christy said his salary is paid partially by the Civil Defense and partially by the airport. Councilwoman Bennington said appointing the Police Chief as the Civil Defense Director was a good point and asked if the idea would be to pay him the $150. or give him the added responsibility with no additional compensation. Councilman Asting said he didn't think there was that much time involved. Councilwoman Bennington suggested a meeting with the Civil Defense Director to see how much time was involved. Councilman Asting said the present Directon/as employed by the State and:if an emergency should occur and he was on duty at his job they would have to send for him and with the Police Chief he would be available twenty.four hours a day. Councilman Wargo moved this be TABLED for a meeting or workshop to work it out. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned at 10:40 A.M. Mi nutes submitted by: Lura Sue Koser CJ:k~r XU.. ~ MAYOR --- () . r- ~ 7r~ I A~TE~ ~~-~~/ CITY CLERK ! , . ~ srVh~ra~~ -. MA OR" - c_ ~ ::) -6- Special Council Meeting Minutes September 20, 1983