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07-14-1983 - Special .I -~, o Q " CITY COUNCIL OF EDGEWATER SPECIAL MEETING July 14, 1983 Minutes Mayor Ledbetter called the Special Meeting to order at 2:00 PM in the Community Center. The purpose of the Special Meeting was to consider the findings of a recent inspection of the road paving. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Excused City Atty Jose' Alvarez F & A Director Connie Kinsey City Clerk Nancy Blazi Police Chief Earl Baugh *present Present Present Present * Arrived at 2:20 P.M. Also present Mr. Earl Copeland, Supt. of Public Works. Mayor Ledbetter asked Councilman Asting if he would tell the rest of the Council about the recent inspection of the road paving. Councilman Asting requested that the Building Official be asked to corne to this meeting if he was available. (Mr. Bradsaw had already gone out on inspections and was not available to attend this meeting) Councilman Asting told the Council that he had accompanied Mr. Copeland, Mr. Daigle and Mr. Martin of Martin Paving and Mr. Scott Spooner of Briley, wild to make an inspection of the three streets that were paved in the Florida Shores area under the recent paving program. They started out at 12th St. on pine Tree Drive. Mr. Copeland had listed certain places that he thought should be brought to the attention of the paving contractors and the Council. In the areas inspected, where the road crosses over a culvert there are surface cracks and the representative from Martin Paving said this was caused by flexing as traffic passed over them. The paving contractors (Martin Paving) also noted that many of the cracks are caused by expansion and tempera- ture changes. Between 30th and 13th on Travelers Palm there were seven places where there is a "hump" or a "rise" in the road surface. Martin Paving stated that their company would repair these "humps". The Council has received a letter from Mr. Spooner of Briley, Wild, which explains why there is cracking on the pavement. Mr. Spooner also suggested that perhaps a presentation of a slide show to the general public to explain the advantages and disadvantages of soil-cement and limerock as base materials. Mr. Martin would be pleased to present this show at the Council's discretion. Councilman Asting continued by noting that many building contractors in the area have damaged the road by driving their heavy equipment on and off building sites. He believes that these builders should be responsible for this damage. Most of this damage seems to take place when they are preparing a site for building. Also in clearing these homesites, a lot of the soil from the grading i~ pushed into the swales and is causing blockage. When this happens, Edgewater personnel must go out and clear the swales. The contractors or builders should also be responsible for any blockage. Mayor Ledbetter noted that the Council would need the City Attorney's advice on action they might take in regard to damage done by builders. It probably should be noted on the building permit that contractors are liable for any damage that occurs to the streets. Councilman Asting said he felt that all contractors in the City should be notified by registered letter that henceforth they are going to be held responsible for any damage that they do to our roads or our swales or any City property. We should issue permits to clear the land which should be issued by the Building Official. The Council should instruct the Building Official to look for damage to pavement or swales when he makes inspections. ~. o o Councilman Asting continued by saying that the land clearing should affect those people using heavy equipment. This would not apply to an individual property owner who merely wanted to clear away brush on land that he owned. Councilwoman Bennington said that possibly the Tree Ordinance may be of some help in this area. Mr. Copeland said that perhaps this could be handled the same way that culverts are handled. Contractors have to notify the Public Works Dept. whether or not they have a culvert already installed. If the contractors had to notify the Department when they were going to use heavy equipment it could give us some control over this problem. Councilwoman Bennington noted that it would still be necessary to check out the individual sites to be certain that no heavy equipment was being used. Councilman Asting said that they are building so fast in Florida Shores the Council needs to take immediate action on the problem of damage to streets and drainage. Councilman Wargo reminded the Council that there was another problem concerning the condition of the roads and that was the use of these roads by companies carrying extremely heavy loads such as concrete and blocks. Mayor Ledbetter said he still felt the contractor or builder should have the total responsibility for whatever damage is done at a building site. Councilman Wargo said he still thinks load limits should be considered. Mr. Vasquez {from the audience} spoke to the Council concerning the fact that the City should protect themselves by following the example of other cities and require contractors to have a liability bond so that one person can be held responsible no matter who works on the land. The prime contractor is the person responsible. Mr. Copeland gave an example when the Department went to put in a culvert there were asked to clear out a ditch where shell had washed into it and blocked the drainage. This was a case where a culvert had been put in and the shell had been put over it but when the builder poured the driveway all the way out into the street, all the excess shell that they didn't need was pushed into the ditch. This presently has to be cleared out at the City's expense. Mayor Ledbetter again stated that the prime contractor is the one who must be held responsible for any damage or an individual property owner who wanted to clear his own land but subcontractors or carriers of building materials should not be held responsible. Mr. Robert Christy {audience} told the Council there was already an ordinance on the books to cover this problem. Councilman Asting said that the main problem was the lack of someone to inspect the damage or report the damage so that action could be taken. He thinks the Building Official should handle this. Mayor Ledbetter said that since the Building Official appears to be overworked it may be necessary to find someone else. Councilwoman Bennington suggested that since the Public Works Dept. installs culverts they might be in a better position to report any damage done by builders. Councilman Wargo agreed that the Public Works Dept. was really more closely connected with road and drainage problems. Mayor Ledbetter said that he also felt the Public Works Dept. was better able to keep an eye on the conditions of the roads and swales and make sure no damage is done. Special Meeting 7/14/83 - 2 - (.) o Councilwoman Bennington said that perhaps this could be done at the final inspection. A rather lengthy discussion followed concerning who should be responsible, how they should be notified and what the proper procedure was for taking the necessary action. The City Attorney said that possibly this should be tied in with obtaining a ce~tificate of occupancy. He said he would review what is in the books and see if this is covered, a specific legislation is needed to cover this matter and he will check into it and report to the Council. He will prepare a letter for the contractor stating "you are hereby put on notice that pursuant to Ordinance of the City of Edgewater, you are responsible for damages and no CO will be issued". Councilman Asting asked that it be put in the letter specifically stating broken and damaged pavement and damage to drainage swales. Mr. Alvarez said that can be mentioned but not limit it to just those items. Councilwoman Bennington mentioned the fact that someone can go ln and clear their land without pulling a building permit, whereby heavy equip- ment is used to accomplish this clearing. Mr. Alvarez stated that could be attached to the Tree Ordinance. Nancy Blazi said the Tree Ordinance only applied to those individuals corning in for site plan approval and would not apply to individual homeowners. Councilwoman Bennington stated that they may need a land clearing permit because of the heavy equipment involved in land clearing. Mayor Ledbetter said that they needed to determine what is meant by heavy equipment due to the fact that some farm equipment is used for clearing and would not be considered "heavy" equip- men t. A discussion then ensued regarding contractors putting up liability bonds and the importance of these bonds to the contractors, whereby if they do not protect this bond they could be refused their occupational license. Also, the matter of individual homeowners pulling building permits and sub- contractors performing the work and no bonds are given, was discussed. Mr. Alvarez said that anyone damaging City pvoperty, regardless of when it is done, is responsible for the damage. He said the contractors should be reminded of their responsibility to City property, even the ones work- ing now, and advised that if any property is damaged they will not be given the certificate of occupancy. The Council members thought that was a good idea. Councilman Neil Asting made a motion that City Attorney, Jose' Alvarez, prepare a notification to all entities, whether it be individual or cor- poration, doing business in Edgewater, construction business moving heavy equipment, that if they damage the property themr certificate of occupancy may be withheld if the damage is not repaired. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. A discussion followed concerning the cracks in the road and the material used in the base of the road which is causing this cracking. It was decided that the public be shown the slides, prior to assessment, at the Florida Shores Clubhouse to better inform them of what is going on. It can be well advertised in the newspapers, advising them of this event. There being no further business to come before the Board, upon motion by Councilman Asting and seconded by Councilwoman Bennington, the meeting was adjourned at 2:55 P.M. Minutes submitted by: Nancy Blazi and Susan Mista Special Meeting 7/14/83 - 3 - ~ (.) ATTEST: ~~~I CITY CLERK ~ -. -Approved th~s /~ day of _~~ ,1983. \LaY7~lt ~. ttfAYOR' v ).uiJ!)r.L, ~ COUNCILMAN(;/ZONE TH EE ~~~ Special Meeting 7/14/83 - 4 - ~ r ? ~ }JDC~