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07-18-1983 - Regular , u v CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 18, 1983 MINUTES Mayor David Ledbetter called the 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 Excused City Attorney Jose' Alvarez F & A Director Connie Kinsey City Clerk Nancy Blazi Pol ice Chief Earl Baugh Present Present Present Present There was a silent invocation and the salute to the flag. PUBLIC HEARING There was second reading on Ordinance 83-0-12. The City Attorney read the Ordinance. AN ORDINANCE REGULATING THE REMOVAL AND PLANTING OF STREET TREES AND TREES ON PRIVATE PROPERTY; REQUIRING A PERMIT FOR THE PLANTING, PRESERVATION OR REMOVAL OF TREES IN PUBLIC PLACES; PLACING DUTIES ON OWNERS OF PRIVATE PROPERTY TO PROTECT GROWTH IN PUBLIC PLACES; REQUIRING A PERMIT FOR THE REMOVAL OF TREES FROM PRIVATE PROPERTY WHICH IS SUBJECT TO SITE PLAN APPROVAL; PROVIDING FOR THE PROTECTION OF TREES FROM ABUSE AND MUTILATION; AND PRES- CRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Councilman Asting moved to close the Publ ic Hearing. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to adopt Ordinance 83-0-12. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. APPROVAL OF MINUTES Workshop and Special Meeting of June 16, 1983 - Councilwoman Bennington moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO due to his absence. Regular Council Meeting of June 20, 1983 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Special Meeting of June 22, 1983 at 3:30 PM - Councilwoman Bennington moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting of June 22, 1983 at 4:00 PM - Councilwoman Bennington seconded the motion. Councilman Asting moved to adopt these minutes. Motion CARRIED 4-0. Special Meeting of June 27, 1983 - Councilwoman Bennington moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting of July 6, 1983 - Councilman Asting moved to adopt these minutes. Councilman Wargo seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS , Councilwoman Bennington moved to approve the regular bills and accounts. Councilman Wargo seconded the motion. Motion CARRIED..4::0.-_.E&.A Director Connie Kinsey stated there was a supplemental bill from the Fire Department which requested reimbursement for the training school of $25.00 for the course and $252.00 for mileage. Councilman Asting moved to pay this supplemental bill. Councilman Wargo seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS PLEASE NOTE: The tape did not work until this point. Minutes prior to this were taken from the notes of City Clerk Nan~y Blazi. Mr. Stephen Reed, 2421 Travelers Palm Drive, spoke to Council regarding the $5.00 fee for having water turned back on after a shutoff and requested his $5.00 be returned. Mayor Ledbetter said held review this with the administration and get back to him. Q ~ MISCELLANEOUS (Continued) Mr. Carmen Montesano, Lime Tree Drive, said held called last week for inspection of his addition and nobody showed up, and he asked Council IS permission to occupy his building. He also said that when someone goes in to pay a water bill at 2:30, it is stamped for the next day and there are late charges after the 20 days. He said that even banks give you 30 days to pay a bill, and he felt all the people who'd been charged the late charges should be refunded these amounts. Mayor Ledbetter said held look into this to try to resolve the problem, and he said he couldnlt see why there was no final inspection after three working days. Mr. Montesano said there's a lake in front of his house and weeds are 4 to 5 foot high, and wondered if the City could clean this up. Mayor Ledbetter asked the Finance and Admin- istration Director to look into these matters. Mr. Frank Opal, Florida Shores, said that last Tuesday night, July 12th, an issue was brought up at the Planning Commission meeting regarding Ordinance 82-0-3. He said this ordinance was adopted on Thursday afternoon, January 28, 1982 at a Special Council meeting which had three members present, Mr. Pendleton, Mr. Lodico, and Mr. Wilbur, and it was passed on an emergency basis, waiving the second reading. He asked Mayor Ledbetter to have :the City Attorney advise him how many members are required to pass an emergency ordinance. City Attorney Alvarez said it was three-fifths. Mr. Opal stated he alleged that Ordinance 82-0-3 was illegal and asked Council to rescind this ordinance to rectify a terrible mistake. Mr. Opal said he has Ordinances 81-0-4 and 79-0-7 to prove his point. Mayor Ledbetter said held refer these ordinances to the City Attorney to get his opinion at the next regular meeting. Mrs. Frances Olds, 122 East Marion, spoke as Vice-President of EVER. She said there seems to be dissension among the residents of Edgewater and she'd be glad to discuss Rescue with residents at any time. She said she felt there was harrassment of members of Rescue and she referred to various rumors that are going around the City. She said the members are confronted and embarrassed in public. She suggested that people with complaints talk to their Councilman and let the Council members talk to Rescue. She said that they are all volunteers who give a lot of time. Mr. Bill Britain, 105 South Ridgewood Avenue, spoke as Treasurer of EVER. He distributed copies of their schedule for the month to the Council members, and said there were only 5 days out of 31 that they had to themselves. He said they do use the truck for personal business sometimes but it IS due to the schedule they have. Mayor Ledbetter said hels seen the truck at various locations around Edgewater and New Smyrna Beach, and suggested call ing a Special Meeting with Rescue to discuss the program. Mr. Robert H. Christy, 1916 Evergreen Drive, suggested that Council give Rescue a vote of confidence because those people are very dedicated. Mr. Christy said that Mr. Opal was correct about Ordinance 82-0-3 and stated that a member of Council had knocked down the idea of trailer parks. Mr. Christy loaned the Mayor a 1983 Catalog of Federal Domestic Assistance which he has been receiving each year. Councilman Wargo stated that held 1 ike to have Mr. Christy listen to the tapes with him of the meeting on trailer parks. Mr. Walter Gross, spoke on Rescue and said that they serviced approximately 500 people in the past year. He said that in most cases when the Rescue truck is out of the City, itls a mutual agreement when the ambulance is not available in an emergency. Mr. Gross asked Council to give Rescue a vote of confidence and a certificate of appreciation. Councilman Asting stated he agrees with that and feels Rescue performs a vital and necessary service. COUNCIL/OFFICER REPORTS OF BOARDS AND COMMITTES Council Reports - There were no Council reports at this meeting. City Attorney Reports - City Attorney Alvarez stated that Council has been informed of all the present 1 itigation in which the City is involved and nothing has developed since his last report to Council. He said that effective October 1 there is a new Statute deal ing with building inspections, building construction fees, requirements for code inspections, certain requirements for the issuance of permits and other items and he'll review these with the administration. He said the provisions for passage of emergency ordinances requires two-thirds according to State Statutes, and Ordinance 82-0-3 had the three necessary signatures. He referred to amendments that took place on the floor which did not have an initial of the change. He said held reviewed Ordinance 81-0-4 and it has the signatures and he doesn1t see anything wrong with it. -2- Regular Council Meeting Minutes July 18, 1983 o 0 COUNCIL/OFFICER REPORTS OF BOARDS AND COMMITTEES (continued) City Clerk Reports - City Clerk Nancy Blazi had no report at this meeting. Finance & Administration Director Reports - F & A Director Connie Kinsey stated that the Finance Department is in the process of preparing the prel iminary budget worksheets for the department heads, and as soon as they're completed and reviewed they'll be ready to get into workshop sessions for the 1983-84 budget. She said that they had received the initial pro- posed contract from PBA and they're working on pricing out the items and when it's completed they'll meet with Council in Executive sessions to discuss the contract. F & A Director Kinsey said that after reviewing the records and performance she is recommending that the temporary position of the Building Official not be made permanent. Councilman Asting stated that he felt they should wait until the probationary period is up on August 12th. F & A Director Kinsey said the insurance package for property and casualty expires October 1, 1983 and she is working on the bid. specifications with the City Attorney and will present these to the Council for approval if they so wish it. Council members had no objections. F & A Director Kinsey stated she'd reviewed the Florida Power and Light franchise agreement with a representative of F P and L. She said if they renew at this time they also would have monthly checks rather than annual and will add industrial users to the present fran- chise. She recommended that Council authorize a letter be sent to Florida Power and Light requesting an early renewal which would initiate the necessary steps. Mayor Ledbetter noted that in the past we didn1t have industrial so weld be picking up additional revenue. Councilman Asting moved to authorize the Finance & Administration Director to send a letter to Florida Power and Light to begin negotiations for renewal of the franchise. Councilman Wargo seconded the motion. Motion CARRIED 4-0. F & A Director Kinsey spoke on a personnel situation in City Hall and recommended that in order for her to accomplish the goals of effectively administering the City and aiding the City Council that the title of City Clerk be vested in her office. She recommended Mrs. Blazi be reassigned to Administrative Clerk with a 25% salary adjustment reduction. Councilwoman Bennington moved to accept this recommendation. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Clerk Nancy Blazi asked the Council if they wished her to continue for the rest of the meeting and Council had no objections to her staying. F & A Director Kinsey said a football field is being presently built at the recreational complex by the school and there was $2,500. budgeted under Federal Revenue Sharing for a sprinkler system. She said there have been prices submitted from $1,900.00 to $3,500.00. She requested permission from Council to spend over $1,000.00 and not to exceed $2,000.00, which would require a bid.. She would have assistance from the City crews on this project. Councilwoman Bennington moved to authorize her to spend over $1,000.00 but not more than $2,000.00. Councilman Asting seconded the motion. Motion CARRIED 4-0. Development Fee Review - Util itiesDepartment - Councilman Asting suggested a special meeting on this subject to discuss it in detail. Mayor Ledbetter suggested including Filter Media Replacement - Util ities Department. Councilman Asting suggested meeting at 10:00 AM on Wednesday morning and Council members had no objection to this. Building Permit Fees - Building Official - F & A Director Kinsey said this might tie in with what City Attorney Alvarez reported regarding building permits. City Attorney Alvarez said the new Statute el iminates the requirement that the fee would not exceed a certain percent of the total cost of construction and it only requires that it be a reasonable figure. He suggested they might want to reconsider adoption of these figures based on this new Statute. Mayor Ledbetter stated perhaps they should have a workshop on this subject. Culvert Rate and Purchasing Increase - Publ ic Works - F & A Director Kinsey stated they've been purchasing culvert pipe from the lowest priced suppl ier in the area but their rates are being increased as of July 11, 1983 and the City can only buy about two weeks 1 supply without going over the $1,000.00 1 imit. She requested a motion from Council to accept the price increase from the contractor from $254.00 on a 201 culvert to $264.00 and from $297.00 on the 301 culvert to $312.00. She noted that a resolution would be necessary to make this change. She also requested that due to the frequent ordering of the culverts to stay under the $1,000.00 1 imit she would 1 ike Council to authorize orders up to $2,000.00 for the completion of this fiscal year only. Councilman Asting moved to authorize the increase in price of the culvert as specified in Ms. Kinsey's memo. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to authorize purchases up to $2,000.00 for this fiscal year only. Councilwoman Bennington seconded the motion. Councilman Wargo suggested the culverts bought for Wildwood could be bought from the con- tractor at a cheap price. Motion CARRIED 4-0. -3- Regular Council Meeting Minutes July 18, 1983 o ~ COUNCIL/OFFICER REPORTS OF BOARDS AND COMMITTEES (continued) Planning Commission & Zoning Commission - Amend Subdivision Ordinance to allow Four (4) Model Homes, Planning Commission - Amend Zoning Ord.Section715.02~Site Plan Approval, Planning Commission - Zero Lot Lines - Proposed Ord. 83-0-8, and Planning Commission - Amend Zoning Ord. Section 606.01. (g) ref; Parking - Mayor Ledbetter stated that Items F. through I. had an administrative problem which needs a 1 ittle more research and these items will be on the next agenda. Planning Commission Chairman - Ref. SP 8219, Mr. Geil 'sSketch Plan Appl ication - Mayor Ledbetter stated that he thought item 7.D. under Communications referred to the same matter and suggested it be considered. Mr. Luis Geil ~ Proposed Hal ifax Court Sketch Plan Appl ication -SP 8219 - F & A Director Kinsey read the July 13, 1983 memo from Don Bennington, Chairman of the Planning Commission. She then read the July 13, 1983 letter from Mr. Luis Geil addressed to the City Council. The Planning Commission had deadlocked 2-2 at the meeting of July 12, 1983 in which this was discussed. Mayor Ledbetter recommended that Council send this back to the Planning Commission for their report to Council as to specifically why they turned this down. Councilman Asting moved to send this back to the Planning Commission for further consideration by them, and to specify the reason why they need more time than what these people had. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Code Enforcement Board - Mr. Wargo's Resignation - Councilwoman Bennington moved to accept his resignation. Councilman Asting seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS Fred Vanzin - Wolf Driftwood Circle - F & A Director Kinsey read the June 24, 1983 letter from Mr. Fred Vanzin, and said she had requested the Publ ic Works Superintendent to submit a memo regarding refuse pickup at the address referred to in the letter. The Superintendent stated the 13.4 ft. easement on the north side of the Driftwood Trailer Park is not wide enough for the refuse or trash trucks to enter and/or turn around, and he considers this a safety hazard for the men and the equipment. His memo stated that as a result of this the residents on the north side of the easement must bring their trash and garbage to U.S. Highway 1 which is a distance of approximately 300 feet. She also read a joint letter signed by Pol ice Chief Earl Baugh and Fire Chief John Reilly which stated they could not service the homes north of Driftwood Village behind Piser's Ceramic Shop because the road- ways are not wide enough for their vehicles to enter, and in the event of an emergency the existing fence would have to be removed by whatever means necessary to clear the roadway for emergency vehicles. Councilman Wargo suggested holding a workshop to review the fence ordinance in Edgewater. Mayor Ledbetter asked the City Attorney.s opinion in this matter and Attorney Alvarez said he considers this to be a private matter but it could be a possible safety problem for the citizens of the City. Mr. Nathan Kroman was in the audience but Mayor Ledbetter stated that the Attorney will talk to both parties at the proper time. Mr. Kroman reviewed the history of this matter and said his concern is the threat to 1 ife and property in the event of an emergency. Mr. Kroman said held been advised that the City does not have an obl igation to enter private property and this is private property. Mr. Kroman stated he is authorizing the Pol ice or Fire Department, at their discretion, to enter his private property to get to that site or to drive the vehicles right through the fence. Florida Department of Transportation - Parking on east side of U.S. 1 - F & A Director Kinsey read the June 28, 1983 letter from the Department of Transportation to Chief Earl Baugh regarding the parking on U.S. 1 from 255 ft. south of Louisa Street to 365 ft. north of Louisa Street. Councilwoman Bennington moved to draw up a resolution to get this into effect. Councilman Asting seconded the motion. Motion CARRIED 4-0. Mrs. Fran Canova - Purchase of house adjacent to Library - F & A Director read the July 9, 1983 letter from Lovell Real Estate which stated the house and lot next to the Edge- water Library is for sale with an asking price of $32,500. Councilwoman Bennington suggested they authorize Ms. Kinsey to negotiate. Councilman Wargo felt we should get another appraisal to see what it's actually worth. Councilwoman Bennington moved to authorize Ms. Kinsey to negotiate and get further information on this.and that the intent is that they1re interested in this. Councilman Asting seconded the motion. Motion CARRIED 4-0. -4- Regular Council Meeting Minutes July 18, 1983 ~ ~ ORDINANCES AND RESOLUTIONS Ordinance 83-0-13 Uniform Traffic Control - City Attorney Alvarez read this Ordinance. AN EMERGENCY ORDINANCE ADOPTING CHAPTER 316, FLORIDA STATUTES, STATE UNIFORM TRAFFIC CONTROL LAW, IN ITS ENTIRETY AS PART OF THE EDGEWATER CODE OF ORDINANCES, OF THE CITY OF THE EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PRO- VIDING FOR AN EFFECTIVE DATE AND DISPENSING WITH PUBLICATION AND THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF THE CITY COUNCIL. Councilwoman Bennington moved to accept Ordinance 83-0-13. Councilman Asting seconded the motion. Motion CARRIED 4-0. The second roll call on the motion CARRIED 4-0. A member of the audience asked what this ordinance covered and Pol ice Chief Earl Baugh repl ied that it would give them authority to follow someone out of the City 1 imits for fresh pursuit arrests. Ordinance 83-0-14 - Landscape - City Attorney Alvarez read this Ordinance. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA TO PROTECT AND PRESERVE THE APPEARANCE, CHARACTER AND VALUE OF THE SURROUNDING NEIGHBORHOODS AND THEREBY PROMOTING THE GENERAL WELFARE BY PRO- VIDING FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING OF SCREENING AND AESTHETIC QUALITIES; SINCE THE CITY COUNCIL FINDS THAT THE PECULIAR CHARACTERISTICS AND QUALITIES OF THE CITY JUSTIFY REGULATIONS TO PERPETUATE ITS AESTHETIC APPEAL; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved to accept this Ordinance. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS John Stearns - Request for Video Games (from 6/20/83) - Mayor Ledbetter stated that Mr. Stearns wants to postpone this request until August 1st. Merit Pay Plan (from 7/6/83) - Councilman Wargo said since ~e City is going to be in wage negotiations shortly, he moved to TABLE this until a future date. Councilwoman Bennington seconded the motion. Councilwoman Bennington stated she wanted to compl iment the Merit Board for coming up with this plan and she knew it took a lot of time. Motion CARRIED 4-0. Part Time City Engineer/Proposed Agreement (from 6/16/83) - City Attorney Alvarez had prepared a draft of an agreement for engineering services for which we are not legally obI igated to Briley, Wild & Associates. Mayor Ledbetter noted that this is on an as needed basis only. City Attorney Alvarez read the agreement.and said if it's approved by Council and the Engineer, he would proceed to draw up a resolution to authorize the officials to execute this Agreement. Councilwoman Bennington moved to authorize the Attorney to draw. up a resolution. Councilman Asting seconded the motion. Mayor Ledbetter noted that Briley, Wild charges approximately $58.00 per hour for their services and this retired Engineer is offering his services for $20.00 per hour. A member of the audience asked if this would do away with the present Engineers or if this was in addition and Mayor Ledbetter stated that this is for some of the in-house work and he would be answerable to the Council. A discussion continued regarding his status. Motion CARRIED 4-0. Bids for Tractor - F & A Director Kinsey stated they had received three bids, one from Smith Feed & Seed for $9,878.00, one from Volusia Ford Tractor for $8,966.75, and also from Robinson Equipment who submitted three separate bids in the amounts of $8,375.00, $12,732.40, and $11,500.00. She read a memo from the Superintendent of Publ ic Works dated July 13, 1983 which recommended they purchase the tractor from Vol usia Ford Tractor. The Superintendent said he had passed over the lowest bid because of unavailabil ity of parts for the lowest priced tractor. F & A Director Kinsey read the certification letter for funds in the account. Councilman Wargo moved to concur with the recommendation of the Superintendent of Publ ic Works Department. City Attorney Alvarez stated that if someone is going to make a recommendation by-passing the lowest bid, held 1 ike to see a rider attached to the motion, assuming that the statement regarding the availabil ity of parts is sufficient to comply with the purchasing code requirements. Mr. Earl wpeland, Super- intendent of Publ ic Works, spoke to Council and said the lowest priced tractor is Japanese and needs metric tools, which they don't have. Mayor Ledbetter stated the motion was to accept the Volusia Ford Tractor bid, waiving the low bidder. Councilman Asting said this was based on the availabil ity of parts for the American equipment. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Code Enforcement Board Appointments - Councilman Wargo stated there were only four appoint- ments to be filled as the fifth is an alternate position which is not provided for by State Statute. Councilman Wargo said held like to see letters from the people on this list that was submitted and would 1 ike to see resumes to know more about the people that are applying, and to see just what their qual ifications are. Councilman Wargo moved to TABLE this until the next meeting. Councilwoman Bennington seconded. Motion CARRIED 4-0. -5- Regular Council Meeting Minutes July 18, 1983 (.) o NEW BUSINESS (continued) Planning Commission Appointment - Mayor Ledbetter recommended Mr. Elmo Hillerich for this position. Councilwoman Bennington moved to nominate Mr. Hillerich. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. City Attorney Alvarez read Resolution 83-R-55. A RESOLUTION APPOINTING ONE MEMBER AS AN ALTERNATE TO FILL A VACANCY FOR AN UNEXPIRED TERM ON THE PLANNING COMMISSION OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez noted that this appointment would expire February 3, 1984. Council- woman Bennington moved to accept Resolution 83-R-55. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to adjourn. Councilman Asting seconded the motion. Meetil}g was adjourned at 9:10 PM. Minutes submitted by: CDS)[ ~__ MAYOR v- 1J~4~ ONE Lura Sue Koser '~4 ILMAN - ZONE -:::- COUNClJWOMAN , ,~~-z=' COUNCILMAN - ~E THREE ~qf(~ COUNt' MAN- - ZO~E FOUR ATTEST: _ ~/~ C!TY CLERK Approved this /~ day of , 1983. -6- 0h1- ~ ~ / ~ (/ -~--uJ " 1Jc,(~) Regular Council Meeting Minutes July 18, 1983