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06-20-1983 - Regular ,. ... .. .. - . '-J u ,.. CITY COUNCIL OF EDGEWATER REGULAR MEET I NG JUNE 20, 1983 MINUTES Mayor David Ledbetter called the regular meeting of Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present City Attorney Josel Alvarez City Clerk Nancy B1azi Pol ice Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Regular Meeting of June 6, 1983 - Councilman Asting moved to adopt the minutes of June 6. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Special Meeting of June 8, 1983, 3:45 PM - Councilman Spencer moved to accept the minutes of the meeting of June 8, 1983, 3:45 PM. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting of June 8, 1983, 4:00 PM - Councilwoman Bennington moved to accept these minutes. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Special Meeting of June 10, 1983 - Councilman Spencer moved that Council approve the minutes of June 10, 1983. Councilman Asting seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Request from Police Department for purchase over $1,000.- City Clerk Nancy B1azi read the request from Pol ice Chief Earl Baugh to purchase a base station in the amount of $2,500. Councilman Asting moved to consider the regular bills and accounts first. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that Council approve the bills payable. Councilwoman Bennington seconded the motion. Councilman Spencer pointed out the hourly rate paid to Briley, Wild is $57.00 and said the City Council is trying to reduce this cost to the City by using the services of a part-time City Engineer at a considerably lower amount. Mayor Ledbetter noted that any requests for a subdivision are reimbursed by the builder to the City. Motion CARRIED 4-0. Pol ice Chief Earl Baugh spoke to Council regarding his request for a base station. He felt there's a need for a second frequency so that there is open communication for the Pol ice Department at all times. Mayor Ledbetter asked the Pol ice Chief why there was already an app1 ication for the frequency without coming to Council for approval first. Pol ice Chief Earl Baugh said it IS all under the City government frequency and it1s difficult to get another frequency, -so he requested this first and now is requesting Council approval of the base station. Mayor Ledbetter said he felt Council should have been in on this before it got this far and recommended that it be tabled for further study and be brought up at a workshop meeting. Councilman Spencer asked Pol ice Chief Baugh what other expenses will be involved other than the outright purchase since some conversions would probably be necessary. Pol ice Chief Baugh said it would be changing of the frequency in the water, sewer, garbage and recreation, and getting new crystals for their radios. He reviewed the costs for each department and said there's no charge for fire, pol ice, and rescue as they'd be using the same frequency as now. Councilwoman Bennington moved'to table this for a workshop. Councilman Spencer seconded the motion. Motion CARRIED 4-0. . o u ., MISCELLANEOUS Mr. Robert H. Christy, 1916 Evergreen Drive, asked if there was going to be a special meeting for the Wildwood Subdivision and Pel ican Cove. Councilwoman Bennington noted that Council had determined the City Attorney would ~dvise a cost to research the Wild- wood information. Council members discussed various dates and agreed that Monday, June 27th at 7:00 PM was suitable for the special meeting. Mr. John Siburn, Connecticut Avenue, referred to a telephone call to his brother from a local woman, and said he didnlt know why she made the call. Mr. Elmo Hillerich, 1411 Royal Palm Drive, asked about the 1 ight at the racquetball court and said held been told about 10 days previously that the 1 ight.bulbs were going to be replaced. He also asked why the cross-street drainage program was set up 1 ike it is and referred to the grading process. Mayor Ledbetter asked Mr. Earl Copeland, Superintendent of Public Works, to reply to this question. Mr. Copeland said if you pack it down 1 ike it is you get into sugar sand and he needs large amounts of shell to build the street back up. There was a discussion as to the amount of shell stored at the barn. Councilman Asting asked Mr. Copeland to come up with a cost to put shell on 12th Street. Mr. Rodney Nelson said held been trying to get a business loan and said held called City Hall and was told a location of a commercial area to rent a place to have the business and now therels a problem with the 1 icense. He said it IS a surfboard manufacturing busi- ness and is located on Hibiscus. Mayor Ledbetter asked if ~atls the mini-warehouses and held be using flammable materials in the manufacture of the surfboards. Mr. Nelson said it is. Mayor Ledbetter said he thought that might be the problem there and Mr. Nelson said it didnlt present a problem for others there. Mayor Ledbetter asked the City Clerk for the details on this and Mrs. Blazi said she didnlt know the details about his applying for a 1 icense, and that she understands there are quite a few things going on in the mini- warehouses and the City was not aware of these. She said they need to send the Building Official down to check out some of the businesses that are in there. There was a dis- cussion regarding the information given out by City Hall which prompted his renting at that location. Mayor Ledbetter said at the workshop with the Fire Department they were informed that illegal businesses were run in the mini-warehouses, people were 1 iving in these warehouses, and flammable materials were stored in these warehouses, and these are going to be checked out. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Council Reports - Councilwoman Bennington said she contacted Mr. Lorin Coppock to see if he would be available on an emergency basis to make building inspections. This was a motion made by Council at the meeting last week. Mr. Coppock said he would do the inspections whenever the City needs him for an hourly rate comparable to our regular Building Official IS. Councilwoman Bennington spoke on the two items sent to the City Attorney which referred to the Zoning Commissionls recommendations on re-zoning changes six times a year and the minimum square footage to be 1,000 in R-4, R-5,R-5A, and R-6. She said she didnlt feel there was enough background information as to the reason for these changes, and if these changes are made there will be a lot of non-conforming lots that canlt be built on. She suggested these go back to the Zoning Commission and Planning Commission and get back explanations as to why they made these recommendations. Council- woman Bennington then moved that on the square footage and changing to six times a year these be sent back and get more documentation as to what prompted it and to get more background information. Councilman Spencer seconded the motion for discussion. Councilman Spencer asked the City Attorney if held made progress on these two ordinances and if held learned something from the Zoning Commission that he incorporated into the ordinances. City Attorney Alvarez said he didnlt know the reason for the changing to six timesa year and didn't know if they were aware of the emergency provisions for more than four times a year. He said the changing of the square footage is a major change and will involve a half page advertisement and a lot of publ ic notification for hearings to make sure that anyone who will be affected by the change will have adequate time to reply. Motion CARRIED 4-0. Councilman Spencer asked Council to consider holding a workshop on city administration, consider the possibil ity of City planning, the City Building Official needs help, and the part-time City Engineer and how his clerical help will be provided. Councilman Spencer suggested Monday, June 27th at 10:00 AM for this workshop. Council members agreed to this date and time. City Attorney Alvarez said he will not be available at that time and Council members agreed he would be excused. Councilman Spencer said we also need a workshop with the Building Official, on the position of Superintendent of Parks and Recreation in which he'd 1 ike to review the job description and invite the Parks and Recreation Board to meet with Council to discuss how a Recreation Director might fit in with a Parks and Recreation Superintendent. Mayor Ledbetter said he felt that was the responsibil ity of the Council and -2- Regular City Council Meeting Minutes June 20, 1983 (.) (.) " COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES not an advisory board. Councilman Spencer said held 1 ike to see the Edgewater Athletic Association and the Parks and Recreation Board represented. Councilman Spencer stated the City Council has not made an evaluation of the City's department heads and this needs to be done, or a decision made as to how it's to be done. Councilman Spencer said therels also a request to re-hire an employee who is currently on a leave of absence which should be addressed at the workshop session, and any other personnel matters. Council members agreed to have all items on Monday, June 27th, starting at 10:00 AM. Mayor Ledbetter suggested consulting Mr. Bradshaw to make sure hels up to the meeting, and it was agreed by Councilman Spencer that his portion would be deleted until a later date if necessary. Mayor Ledbetter spoke on the evaluations of the department heads and said held 1 ike the City Attorney to address that matter plus the grievance filed by the union with no signed complainant, and felt it shouldn't be handled by Council at this point. Councilman Spencer agreed to the Mayor's recommendation. Mayor Ledbetter asked the Council's authorization to use the services of Hr. Copeland and another man and some equipment at the ballfield to work on the 175 ft. by 300 ft. ball field for Little League. Councilman Asting moved the request concerning this matter be granted. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Attorney Reports - City Attorney Alvarez noted there were two pending items from Pel ican Cove, one was the substituti01 ofa$20,150. performance bond for a letter of credit. He had received the letter of credit and had some inquiries made by the Finance Director, and suggested that Council hold a special meeting to hear from the Finance Director and consider the acceptance of the letter of credit in 1 ieu of the cash. He suggested a meeting prior to the meeting on the election results scheduled for June 22nd. City Attorney Alvarez said the second item is the interest on the money held and he has received ihformation from Mr. Carder's attorney as to why the interest should be returned and will review this to determine if that legal theory is one to follow or not follow. He did not recommend any action until he determines legally there are no alternatives. City Clerk Nancy B1azi read the letter of credit. City Attorney Alvarez said he feels confident the City would be protected legally by the bank standing behind this. Councilman Spencer moved that a special meeting be set at 3:45 just prior to the election returns on Wednesday for final review of this matter. Councilman Asting seconded the motion. City Attorney Alvarez suggested a time of 3:30 PM and Councilman Spencer agreed to this change. Motion CARRIED 4-0. City Attorney Alvarez said a grievance has been filed as a result of Council action and a' motion is not a formal action as it would take a resolution or an ordinance. He felt the crux of the motion made addressed basically two or three individuals who are not a part of the bargaining unit and the union has nothing to do with non-members of the bargaining unit. He said the Council has expressed an opinion and the proper procedure would be for them to sit down with Council to discuss this matter. He said the grievance was premature, is unfounded because no action has been taken, is based on language of the collective bargaining agreement which states that no Council member shall take any action and no action has been taken as a motion is not action but is a declaration of intent. City Attorney Alvarez said there is a proposed uniform traffic ordinance which allows our police officers to make a valid arrest of non-criminal traffic infractions outside the City 1 imits. He distributed copies to Council and to.the Pol ice Chief. City Attorney Alvarez said the Articles of Incorporation for Friends of the Library have been completed and are ready for signatures. City Attorney Alvarez said there were some items regarding the part-time City Engineer workshop he wanted to comment on. On his letter to Briley, Wild of March 31st regarding the City's intent to hire an engineer, he has not received a reply so he presumed they have no problem with it. He said he perceives this position as professional services based on an agreement with no semblance of an employee-employer type of relationship, and in accordance with State Statutes. He said he'd begin working on a draft agreement. Mayor Ledbetter asked the City Clerk if she could certify there are funds appropriated for this venture in the fiscal year 1983. City Clerk Nancy B1azi said not for a part-time City Engineer. Councilman Spencer stated the objective of hiring a part-time engineer is to reduce the City's total cost so any work this man does would be in place of Briley, Wild and would reduce the total cost. -3- Regular City Council Meeting Minutes June 20, 1983 ." u Q , \ /' COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES (continued) City Clerk Reports - City Clerk Nancy Blazi read a letter from Senator Chiles aide thanking the Mayor for his visit during his .recent trip to Edgewater. City Clerk Nancy Blazi said there have been two requests for advertisements, one for the Florida League of Cities publ ication and this would come out of Council promotions funds. Councilwoman Bennington moved to place the $62.00 ad. Councilman Asting seconded the motion. Councilman Spencer said he felt it was an unnecessary expenditure for the City for a meeting to be held in Kissimmee. Mayor Ledbetter said they all get copies of the Municipal Record each month and they get valuable information from it. Motion CARRIED 3-1. Councilman Spencer voted NO. City Clerk Nancy Blazi said there was also a request from the New Smyrna Beach Barracuda Booster Club for a half-page ad for $70.00. This would be for the 1983-84 season for New Smyrna Beach Senior High School. Councilman Spencer moved that Council purchase the $70.00 ad. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Clerk Nancy Blazi asked for confirmation that all four Council members and their spouses would be attending the Volusia League of Municipal ities meeting on June 23. Council members agreed all would be attending. Parks and Recreation Board - Resignation of Tom Wyatt - City Clerk Nancy Blazi read the letter of resignation from Mr. Wyatt. Councilwoman Bennington moved to accept this resig- nation. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Parks and Recreation Board - Resignation of Ed Bidault - City Clerk Nancy Blazi read the memo from the Secretary to the Parks and Recreation Board which stated she had been advised Mr. Bidault was resigning from the Board. Councilwoman Bennington moved to accept this memo as his intent to resign and accept the resignation. Councilman Asting seconded the motion. Motion CARRIED 4-0. Planning Commission - Resignation of Ken Winter - City Clerk Nancy Blazi read the memo from the Secretary to the Planning Commission who stated she had been informed that Mr. Winter would be submitting his letter of resignation. Councilwoman Bennington said she'd talked with Mr. Winter and he confirmed he was resigning. Councilwoman Bennington moved to accept the resignation~ Councilman Spencer seconded the motion. Motion CARRIED 4-0. Building Code Board - Request to Fill Vacancy - City Clerk Nancy Blazi read the June 2nd memo from the Building Code Board recommending Mr. Fred Vanzin to fill the vacancy on that Board. Councilman Spencer moved to accept the communication from the Building Code Board. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Industrial Development Board - Request to Attend Florida Industrial Development Workshop - City Clerk Nancy Blazi read the June 10th memo from Ms. Doris Massey, Chairman of the Industrial Development Board. Councilman Asting moved to allow Mrs. Massey to attend this statewide Industrial Development Workshop, and felt it would be most beneficial to the City if she could go. Councilman Spencer seconded the motion and requested that she prepare a report for her Board and the Council. Motion CARRIED 4-0. Councilman Asting requested a five-minute recess and Council was recessed. COMMUNICATIONS Mayor Ledbetter said a couple of weeks ago Mrs. Strong submitted a petition to close a back alley in Florida Shores and under the advice of .the City Attorney this can1t be closed. He suggested Council direct the Pol ice Chief to put signs at the entrance to the alley on the north side and south side stating no through passage. Councilman Asting moved that the Chief install those signs stating it's not a through way and only people that have business or live there have access to it. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Ms. Carmela Tripodi City Clerk Nancy Blazi read a letter from Ms. Tripodi regarding a complaint with the condition of Fern Palm Drive. Ms. Tripodi, 1909 Fern Palm Drive, thanked Council for the quick response to her letter and said it was repaired the day she sent the letter. Mr. John Stearns re: Video Games - City Clerk Nancy Blazi read the letter from Mr. Stearns requesting permission to speak to Council. Mr. Stearns was not in the audience. Council- woman Bennington moved to table this until the next regular Council meeting. Councilman Asting seconded the motion. Motion CARRIED 4-0. -4- Regular City Council Meeting Minutes June 20, 1983 o o ~ COMMUNICATIONS (continued) County of Vol usia re: Gas Tax - City Clerk Nancy Blazi read the June 10th letter from the County of Vol usia which had an interlocal agreement attached, and an ordinance of the County Council, and the distribution share schedule. Mayor Ledbetter stated that Council had adopted a resolution earl ier in opposition to this gas tax. There was a discussion as to the City's position since they had opposed this tax. Councilman Spencer said he felt the method of allocation was fair to the cities and moved that we sign the interlocal agreement. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Asting voted yes under protest. ORDINANCES AND RESOLUTIONS Ordinance 83-0-12 Tree Preservation and Protection - City Attorney Alvarez read this 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; PROVIDING FOR THE PROTECTION OF TREES FROM ABUSE AND MUTILATION; AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting stated he does not approve of the section, "requiring a permit for the removal of trees on private property". Mayor Ledbetter also opposed needing a permit for removal of his own trees. Councilman Spencer said he under- stood the ordinance was intended to pertain only to those developments which require a site plan presented to the Planning Commission and is not intended for an individual who has an individual home lot. City Attorney Alvarez asked Mr. Don Bennington, Chairman of the Planning Commission, if this ordinance would apply to individual homeowners. Mr. Bennington said it does not. There was a discussion regarding re-wording of that section and the title. Mr. Dave McCallister, 2010 South Ridgewood, said New Smyrna Beach has a tree removal program and they don't normally bother with residential but address commercial and industrial. There was a discussion between Mr. McCall ister and City Attorney Alvarez regarding its use with multi-family and subdivisions in residential areas. Councilman Spencer told Mr. McCall ister that there will be a publ ic hearing on this ordinance and he hopes helll give his input at that time. Councilman Spencer moved that the City Attorney clarify the opening paragraph so that it's very clear as to its intent and the purpose to which it appl ies, and then re-present it to Council. City Attorney Alvarez asked if they should have a distinction between residential, commercial, and industrial. Councilman Asting seconded the motion. City Attorney Alvarez said in the title would be: "requiring a permit for the removal of trees from private property which is subject to site plan approval". Motion CARRIED 4-0. Councilwoman Bennington moved to accept this ordinance with the amendment. Councilman Spencer seconded the motion. City Attorney Alvarez read the title of the ordinance as amended: AN ORDINANCE REGULATING THE REMOVAL AND PLANTING OF STREET TREES AND TREES ON PRIVATE PROPERTY; REQUIRING A PERMIT FOR THE PLANTING, PRESERVATION, ffiREMOVAL OF TREES IN PUBLIC PLACES; PLACING DUTIES ON OWNERS OF PRIVATE PROPERTY TO PRO- TECT 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 PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion CARRIED 4-0. Resolution 83-R-50 Merger of Municipal ities - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, IN OPPOSITION TO THE AMENDMENT OF THE FLORIDA STATUTES OR THE ENACTMENT OF ANY SPECIAL ACT RELATIVE TO MERGER OF MUNICIPALITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 83-R-50. Councilman Asting seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Part-Time City Engineer - Councilman Spencer noted that at the meeting on this subject the Council had determined to ask the City Attorney to prepare an agreement draft for the engineer and Council to review. Councilman Spencer moved that the City Council instruct the City Attorney to draw up such an agreement. Councilman Asting seconded the motion. Motion CARRIED 4-0. Mayor Ledbetter stated he had no objections to drawing up the agreement but he still wants to know where the money will come from. City Attorney Alvarez asked if the duration of the agreement is for one year and Council agreed to do it on as needed basis, to end with the fiscal year. -5- Regular City Council Meeting Minutes June 20, 1983 ~ , .' Q ~ " NEW BUSINESS Mr. Earl Copeland re: Purchase of Diesel Tractor - City Clerk Nancy Blazi read the memo from Mr. Earl Copeland requesting approval to go out for bids for a diesel tractor. Councilwoman Bennington moved to allow him to go out for bids on this. Councilman Asting seconded the motion. Motion CARRIED 4-0. Appointments (2) to Parks and Recreation Board - Councilwoman Bennington nominated Ann Thomas to the Parks and Recreation Board. Councilman Asting seconded the nomination. Councilman Spencer nominated Robert Griesse. Councilwoman Bennington seconded the nomination. Mayor Ledbetter passed the gavel to Acting Mayor Bennington and nominated Elmo Hillerich. Councilwoman Bennington passed the gavel back to Mayor Ledbetter and seconded his nomination. Roll call on the nomination for Ann Thomas was 4-0. Roll call on the nomination 'for Robert Griesse was 3-1. Mayor Ledbetter stated he voted NO on this nomination because held been informed Mr. Griesse was not an Edgewater resident when he ran for a Council seat last Fall. Appointment to Building Code Board - Councilman Spencer nominated Mr. Fred Vanzin to the Building Code Board. Councilwoman Bennington seconded it, based on the Building Code Board's recommendation. Roll call on the nomination CARRIED 4-0. Vacation for New Easement - City Clerk Nancy Blazi read her June 15th memo regarding this request for a vacation of the 10 foot easement between Lots 133 and 134 with the easement to be placed in the middle of Lot 133. Mayor Ledbetter stated he understood the man who is requesting the easement will bear the cost of the new survey which has to be filed in City Hall. Mr. Perry Barrett, Ponderosa Homes, said there were two customers in Wildwood and each was buying one and one-half lots and they'd 1 ike to have one common easement. He said the present easements are five foot and the new easement could be ten foot and confirmed there are no power lines or drainage involved, City Attorney Alvarez said the City cannot deal with the power company's rights to the easements, and said a new document needs to be drafted relocating the easement and it has to be recorded, and will also need the old legal description and a new legal description. Councilman Spencer moved that the City Council approve the change to the easement as requested, subject to the City Attorney's receiving the new description of the easement. Councilman Asting seconded the motion. Motion CARRIED 4-0. Mayor Ledbetter stated that since the 4th of July is the next regularly scheduled Council meeting, this will be cancelled and Council will call a meeting sometime that week for paying bills and accounts. Council members agreed to hold the meeting on July 6th at 10:00 AM. Councilman Spencer moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned. Lura Sue Koser q]~f Jjiz~c ~ Minutes submitted by: ~-J--- / ~<J C ~ {/ 7;-b1 / ATTEST: COUNCILMAN - ZONE FOUR -6- Regular City Council Meeting Minutes June 20, 1983