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09-07-1983 - Special . ; . <J () CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 7, 1983 MINUTES Mayor David Ledbetter called the Special Meeting of Council to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Deputy City Clerk Susan Wadsworth Present Excused Present Present 1) Bills and Accounts - Councilwoman Bennington moved to pay the bills and accounts. Councilman Wargo seconded the motion. Motion CARRIED 5-0. 2) Florida League of Cities Convention - Councilman Spencer stated that he had indicated at an earlier meeting that he wanted to go to this convention and requested Council to auth- orize him to attend and pay for travel. Mayor Ledbetter said he would also like to go. Councilwoman Bennington stated she would like to go and she had figured the cost and estimated it would cost for three days for three people to attend about $1,015.35, which they have in the Council budget. She said she felt that figure would be the maximum. Councilwoman Bennington stated she had requested to be put on one of the committees and they would be assigned at the convention. Councilman Wargo said he would not be able to go and Councilman Asting said he didn't think he could go and would rely on the information from a delegate. Councilwoman Bennington noted that when she went to the convention in Tallahassee there were numerous things going on at one time and one person couldn't possibly attend all. Mr. Robert Christy, 1916 Evergreen Drive, former Mayor, said it is very hard to attend all the different meetings and he used to try to work it out with Mayor Musson of New Smyrna Beach but they still missed out on a lot. Councilwoman Bennington reviewed the expenses for each item and figured $338.45 maximum per person for the three days. Councilman Spencer stated when he figured it he came up with approximately $322.00 per person. Councilman Wargo suggested polling the Council member to see who would be able to attend. Councilmen Wargo and Asting said no, Mayor Ledbetter, Councilwoman Bennington, and Councilman Spencer said yes. Councilman Wargo moved that the Council send the three people who would like to go. Councilwoman Bennington seconded the motion. Councilman Spencer amended the motion to have Mayor Ledbetter as the voting delegate for the City. Councilwoman Bennington seconded the amendment. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Mayor Ledbetter stated if he attended the meeting he would pay for all but the regis- tration. 3) Bid Opening for Filter Media Replacement - Deputy City Clerk Susan Wadsworth read the certification of bids. She said bids were received from Northern Gravel Co.(2 submitted), Southern Products & Silica Company, Inc., Standard Sand & Silica Co., Sturgis Materials, Inc.,and Unifilt Corporation. She noted that the bid from Sturgis Materials did not have the envelope marked that it was a sealed bid, but that it had not been opened. City Attorney Alvarez noted there were two apparent irregularities, one that a bidder did not sufficiently identify it on the envelope, which is the kind of irregularity that would not affect the content of the bid and Council could waive if desired, and the other is that one bidder had submitted two bids which might be to his advantage. Deputy City Clerk Susan Wadsworth said she noticed there was an incorrect date of August 7th on one bid and September 7th on the other and she felt it was just a typo- graphical error. City Attorney Alvarez said just one bid should be considered. . . o Q 3) Bid Opening for Filter Media Replacement (continued) - It was determined to open only one of the envelopes, the one with the latest date. When that envelope was opened there was not a total, just the specifications so the other envelope dated August 7th was also opened. Deputy City Clerk Susan Wadsworth opened the envelopes and read the totals: Southern Products & Silica Company bid $5,449.65; Standard Sand & Silica Company bid $15,717.75; Sturgis Materials, Inc. bid $13,815.60; Unifilt Corporation bid $10,947.01; and Northern Gravel Company bid $16,845.64. Councilman Wargo moved that they ask the Utilities Superintendent to look over the bids as it appears that someone might have made a mistake on the $5,449.65 bid, and make a recommendation to Council on the low bid or the next low bid that fits in with the specifications and be referred back at the next meeting. Councilman Asting seconded the motion. Councilman Spencer asked if it would be brought back on September 19th and it was agreed it would be. Motion CARRIED 5-0. Councilman Asting questioned the asterisk on the certification of bids and Deputy City Clerk Susan Wadsworth said that was one not marked on the envelope as a sealed bid. 4) Request for Flea Market at Pelican Plaza - Deputy City Clerk Susan Wadsworth read the August 26th letter from Robert Schneider requesting a flea market at Pelican Plaza on Saturday, September 10th to benefit the Disabled American Veterans. Councilman Asting moved to approve the request. Councilman Wargo and Councilman Spencer seconded the motion simultaneously. Motion CARRIED 5-0. 5) Resolution to Authorize Execution of Agreement for Menard Park Grant Project - Mr. John Siburn, Connecticut Avenue, stated this is the only beach in Edgewater and when this was deeded over ftwas stipulated that nothing was to be built over four foot in height. He asked how the City got around this restriction. He said the City will have to be responsible for a lifeguard and will have to contend with vandalism. He asked Council to give this subject deep thought and to turn the project down. Mr. Dana Armstrong, former Mayor, said the eastern extension of Ocean Avenue goes to the water's edge and said that was an outfall from the City's sanitary sewer plant and this would disrupt or change the environment with the relocation of treated sewage lines. He said this relocation would cost in excess of one million dollars. Mr. Robert H. Christy, 1916 Evergreen Drive, former Mayor, said he did all he could to get Menard Beach. He said the sewer information is correct and when he approached the Water Management staff about moving it they all said no and the reason was there was bacteria in the water but the same bacteria is going into Indian River and polluting it. He said eventually they'll have to move it anyway. Mrs. Helen Siburn, Connecticut Avenue, said Mr. Christy made those remarks for publicity and she lives there and it will bring the property values down and it'll be a slum area. Mr. John Wilkinson, East Ocean Avenue, reminded Council of the September 17th deadline and suggested Council check the Parks and Recreation Board minutes from previous meetings. He said he thought the height restriction was correct and he said the sewage issue might be a red herring. Mr. James Mackie, 1602 South Riverside Drive, said held heard about the four foot but didn't know if it was in the deed and in some states it could be removed from the title. He said it could become a second Coney Island and they already have trouble with speed and traffic and it could devaluate the property value. He said he thought it should be left as it is and sees people enjoy it as it is now. Ms. Mercedes Hoffman, 208 Lee Drive, said she had talked with Mrs. Menard who wanted to leave it in its natural state. She asked when it was changed, how and who changed it as she didn't think the abstract could be changed. Mr. John Wilkinson said this was refused before because of the height restriction. Mayor Ledbetter suggested the City Attorney check the deed and height restrictions and to check the outfall line for the sewer system. Councilman Wargo clarified that this is State funds and not Federal for this grant. Mr. John Siburn said there would still be the same laws as the Federal government, and he has used Menard Beach since 1949 and he doesn't want to change it. -2- Special Council Meeting Minutes September 7, 1983 ; .. . Q o 5)Resolution to Authorize Execution of Agreement for Menard Park Grant Project (cont'd)- Councilman Asting moved to TABLE this resolution until the City Attorney has a chance to check the deed restrictions. Councilman Wargo seconded the motion. Councilwoman Bennington noted there is a public hearing scheduled on the 12th and they could have a meeting right after that. Councilman Spencer stated that if they don't act on it by the 17th they lose the opportunity to accept the grant and there was a lot of work on the part of the City and the various State agencies involved. He said the sewer system doesn't have to be moved and they'd changed the pier plans already at the request of Mrs. Chase. He asked Mr. Wilkinson to speak on the meeting of the Parks and Recreation where this was discussed. Mr. John Wilkinson said he felt some of the people were not current on the status of this project and asked to have an outline at the public hearing. He said the Haughwouts were quite outspoken on this matter and were particularly concerned about the reduction of values since she was in real estate. Councilman Asting noted the parks are very attractive when first built but they deteri- orate in a short time. Councilman Spencer stated the property was appraised in a substantial excess of $58,000. and there were no more out of pocket expenses. Councilwoman Bennington noted the only out of pocket expenses are $900.00 for the appraisal. Motion CARRIED 5-0. 6) Resolution Appointing Ray Bradshaw as Building Official - City Attorney Alvarez read Resolution #83-R-67- A RESOLUTION APPOINTING JIMMIE RAY BRADSHAW AS THE BUILDING OFFICIAL OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING TERMS AND CONDITIONS OF EMPLOY- MENT, REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Asting moved to TABLE this Resolution until the Special Meeting of September 12th as there were some questions he would like to ask Mr. Bradshaw and some activities he would like to look into before he makes a decision. Motion DIED for lack of second. Councilman Spencer noted that Council met with Mr. Bradshaw and voted to hire him as a City employee on a permanent basis and this Reso- lution is just to finalize this action and the moved to adopt Resolution 83-R-67. Councilman Asting again stated that there were some activities he'd like to check into further before making a decision on this matter. Councilman Wargo seconded the motion for the sake of comment. Councilwoman Bennington said snehad no questions on the resolution but had comments regarding the Building Official. Councilman Spencer asked Councilwoman Bennington to share her comments with Council and people present. Councilwoman Bennington stated she had made the motion to retain Mr. Bradshaw, based on the City Clerk's recommendation since she had to work with him, but she has received numerous complaints and talked ~th himon several occasions and all she gets is arguments. She said he is issuing permits against the Planning Commission recommend- ations. She stated there was a project that needed engineer's and architect's seals and he was sent a memo to stop the project and he had yet to do it, and he had issued permits for duplexes against the Code and doesn't take any responsibility. She said he tells everyone he's overworked and she overheard him tell someone that the City will take a beating on a project but he could change a bedroom for a den. She stated she can't get an answer from him on any question and any information is not complete. She said she gets calls at home for her husband to get the answers and the people say they're referred by Ray Bradshaw. She stated he also doesn't fulfill the function of a Code Enforcement Officer because he doesn't have the time. Councilman Asting said there's a house going up on Pine Tree in an area zoned for dwellings of not less than 1,200 square foot and this house is under that and when he called Mr. Bradshaw about it he said he realized that it was under but the builder was going to put an addition on there. Councilman Spencer said he'd rather not vote that night and suggested Council get with Mr. Bradhsaw and Ms. Kinsey and iron out the problems that were brought forth. -3- Special Council Meeting Minutes September 7, 1983 o Q Mayor Ledbetter asked Councilman Spencer if he had many dealings with Mr. Bradshaw and Councilman Spencer said held looked at various properties. Mayor Ledbetter and Councilwoman Bennington reviewed the Building Official IS refusal to inspect Mr. Carmen Montesano's building addition until he was escorted by a police officer. Mayor Ledbetter noted that he had builders call him asking why it takes two or three weeks to get a permit. Motion DID NOT CARRY 1-4. Councilman Spencer voted YES. 7) Certified Development Corporation Task Force - Councilman Spencer - Councilman Spencer said there's a provi.sion in the Federal Small Business Administration section 503 which is aimed at assisting small businesses in growth and expansion. He reviewed the process of applying for financing assistance and if the loans are granted, the funds are disbursed through the Certified Development Company and funds are collected by them. He said Doris Massey of the Industrial Development Board went to a meeting in Jacksonville and there is a company established in the Jacksonville area. He said the New Smyrna Beach Industrial Development Board appointed a Task Force to get into the pros and cons and he was asked to be on that Task Force as was Doris Massey and John Vazquez of the Industrial Development Board. He said the Task Force had recommended that a committee initiate plans to form such a company in the area which would include New Smyrna Beach, Edgewater, and Oak Hill. He stated the committee is being formulated and he has been asked to serve on it, as has John Vazquez and Doris Massey, to draw up the bylaws and plans. He said the City Council will have a chance to review the plan and decide if they want to be a part of it. Mayor Ledbetter asked about the cost to the City and Councilman Spencer said the one in Jacksonville didn't cost the City anything. Councilman Asting asked if this company is a profit-making organization and Councilman Spencer said it could be profit making or non-profit. Councilman Asting stated he didn't think the Council should be involved in profit making even in setting up the committee. There was a discussion about the percentages that are charged, how the application of the loan is made, etc. Mayor Ledbetter stated he'd like additional information on this. Councilman Asting asked City Attorney Alvarez if there were any legal aspects to this proposal and City Attorney Alvarez said this arrangement is commonplace throughout the State. Councilman Asting asked about a council member serving on a committee that could be profit making and City Attorney Alvarez said the only point is dual office holding or private gain to the official. Councilman Spencer noted that held agreed to serve on the committee and if such a company is formed and he was asked to be a member he would obtain the Council IS approval from the City Attorney and would not violate any conflict of interest. He said he's very interested in trying to aid small businesses in Edgewater. Councilman Asting clarified that Councilman Spencer could not make the decisions for the City Council and Councilman Spencer said he was aware of that and anything that commits the City Council will be presented to Council for a vote. 8) Authorization to Extend Insurance Package for 90 Days While Bid Specifications are Being Prepared - Councilwoman Bennington moved to authorize the 90-day extension. Councilman Asting seconded the motion. Motion CARRIED 5-0. 9) Volusia County's Proposed EMS Ordinance - Councilman Asting said this was going to be re-drafted by the County and he moved to TABLE this until the County Council has prepared the new draft covering this matter. Councilman Wargo seconded the motion. Councilman Spencer noted the County Council will act on this September 15th and if they are going to take action they had better decide that night. Motion CARRIED 5-0. Councilwoman Bennington said on September 12th therels a public hearing and she might be a little late as she h~ to represent the City at a special function earlier that evening. -4- Special Council Meeting Minutes September 7, 1983 , ~ . -. o q Mayor Ledbetter said the lot behind Leon's Shell Station had been sold and the people want the fire horn moved as itls located on their property. He said the Fire Depart- ment feels it belongs to the City and didn't feel they should pay for moving it. Councilwoman Bennington suggested splitting the cost between the Fire Department and Civil Defense. Police Chief Earl Baugh said held talked with the Fire Chief and held told him they'd have to buy a different type of siren as this one works from air. Councilman Wargo moved to notify the Fire Department and Civil Defense to have it moved. Councilman Asting suggested they appoint someone to make them responsible for the removal, either Public Works Department or someone, and charge it to Fire Department and Civil Defense. Mr. Dana Armstrong, former Mayor, said it's an air horn and not a siren and since there are a lot of pagers they don't have to go by the air horn and he suggested dis- mantling it and storing it in the Fire Department until such time as itls needed. Mr. Robert H. Christy, 1916 Evergreen Drive, and former Mayor, said they could install it at the Fire House with a small compressor in case of a disaster or a hurricane. Councilwoman Bennington seconded the motion. There was a discussion as to whether the Public Works would take it down. Motion CARRIED 5-0. Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 8:30 PM. Minutes submitted by: Lura Sue Koser ~ h\t~ :V~A '/ \;vV~).. L ~~t~'rJ--- 7/~~ ?/eo. CO~ILMAN - ZONE ONE ~ L1 ~ 0' ~ ~ AJTEST: ~~~/ CITY CLERK - Approved this /9~ day of ~_ , 1983. ~~(fJ4L MA OR b. -5- Special Council Meeting Minutes September 7, 1983