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06-06-1983 - Regular .... .,., .. u Q, CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 6, 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 Jose' Alvarez City Clerk Nancy Blazi Deputy City Clerk Susan Wadsworth Police Chief Earl Baugh Present Excused Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Special Meeting of May 11 ,1983 - Councilman Asting moved to adopt these minutes. Council- man Spencer seconded the motion. Motion CARRIED 4-0. Regular Meeting of May 16, 1983 - Councilman Asting moved to adopt these minutes. Council- woman Bennington seconded the motion. Councilwoman Bennington stated that this was the meeting in which they authorized the City Clerk and Deputy City Clerk to attend the Election Seminar and she would like a written or oral report from one of them on this seminar. Motion CARRIED 4-0. Special Meeting of May 18, 1983 - Councilman Spencer moved to approve the minutes of May 18th. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting of May 26, 1983 - Councilwoman Bennington moved to accept the minutes of the Special Meeting of May 26. Councilman Spencer seconded the motion. Councilman Asting noted that he was absent from this meeting. Motion CARRIED 3-1. Councilman Asting voted NO due to absence. BILLS AND ACCOUNTS Mayor Ledbetter stated there was a request from the Fire Department for approval of the fireworks for the 4th of July celebration, and from the Finance and Administration for approval of an expenditure over $1,000. for tape recorders. Councilman Spencer moved to approve the Fire Department's request for the purchase of fireworks, to be charged to the Council promotional budget which has sufficient money to handle this $2,000. amount. Mayor Ledbetter clarified that they're requesting one-half of $2,000. which would be $1,000. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington clarified that the maintenance charge took the total amount over $1,000. for the Finance & Administration purchase of tape recorders, and moved that this payment be authorized. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Deputy City Clerk Susan Wadsworth read the memo from Mr. Mike Avery, Superintendent of Parks and Recreation Department, regarding a purchase of light bulbs without a purchase order. This bill was for $232.51. Councilman Spencer moved that Council approve the expenditure of this amount. Councilwoman Bennington seconded the motion. Councilman Asting said he'd like to have ordering done for a particular department by one person only. Motion CARRIED 4-0. Councilwoman Bennington moved to accept the regular bills and accounts. Councilman Asting seconded the motion. Councilman Asting questioned the expenditure on page 9 listed as RMRS. Deputy City Clerk Susan Wadsworth said this is for postage. Motion CARRIED 4-0. Councilwoman Bennington stated that at the last Council meeting they voted to hold up payment to Briley, Wild of $8,744. until an itemized statement was received. She said it wasn't on the agenda to pay this bill. Councilman Spencer said he felt Council was obligated to authorize this payment since the breakdown was received. Councilwoman Bennington moved to authorize the payment of the Briley, Wild bill of $8,744.92. Councilman Spencer seconded the motion. Motion CARRIED 4-0. - T, . h Q Q MISCELLANEOUS Mr. Robert H. Christy, 1916 Evergreen Drive, spoke to Council regarding Pelican Cove West. He asked permission of Council to extend the three minute limit. Mayor Ledbetter granted him five minutes. He spoke on the Charter provision for duties of Vice Mayor in the absence of the Mayor, and said the former Vice Mayor acted when he as Mayor was not absent. He said he had refused to sign the plat for Pelican Cove Westso.,Mr. ~ilbur asked Mrs. Wadsworth to call the City Attorney. The City Attorney had advised that if all bonds had been posted, it would be all right to sign it. Mr. Christy said he still had refused to sign it because it wasn't all completed. He expressed his concern that all phases hadn't been completed properly. Mr. Christy referred to sections of various previous Council minutes when Pelican Cove West was discussed. Councilman Asting moved that this be presented to Council at a Special Meeting where Mr. Christy will have time to go into this in detail. Mr. Christy then spoke on the plat plans that were not fully filled in or that had changes made in wording on the form. Councilman Asting suggested holding the meeting suggested in his motion the latter part of this week, perhaps Thursday. Council agreed to this date, and the City Attorney said he'd check his calendar. Council agreed that this City Attorney would have to be present for this meeting also. Council- woman Bennington seconded the motion. Motion CARRIED 4-0. Mr. J. C. Carder stated he had something else but would forego it until the Special Meeting. lb Mr. John Siburn, Connecticut Avenue, spoke on a newspaper article regarding a business- men's association in Edgewater which would have representation in the City and would take an interest in updating the City ordinances and codes pertaining to businesses. He asked if this was the duty of the Zoning and Planning Boards to do this or would it be the responsibility of a businessmen's association and developers. Mayor Ledbetter replied that his interpretation is that it is the Planning and Zoning Board's responsi- bility at the direction of the Council. Mr. Dana Armstrong, former Mayor, brought to Council's attention Ordinance 80-0-43 and asked that Council examine it closely. He referred to violations of ordinance 400 that can be found in Ordinance 80-0-43. Mr. James Richardson, 2229 Mango Tree Drive, spoke regarding the Rescue van which is being used as a family car and referred to instances when he had seen it at the shopping center loaded with groceries and he wondered if the insurance covered this van for hauling the families around. He referred to another instance when the van was speeding up U.S. 1 with the lights on and went into the hospital parking lot and then waited for another ambulance to bring the child in. He asked Council to check the calls on this Rescue van and the mileage on it. Mrs. Gayle Harmon, President of Edgewater Rescue, 2103 South Ridgewood Avenue, said that any time anyone has a question regarding Rescue all they have to do is ask her and she will assure them of an answer. She said regarding the child being taken in another ambulance, this was not their regional territory but the other ambulance was dead and they had difficulty moving the child by helicopter so they called for Mutual Aid to trans- port her from the helicopter which would land near Rinker in New Smyrna Beach to Fish Memorial Hospital. The City of Edgewater has a mutual aid pact with EVAC and she said the only time they go out of the City is when they're called by the Police Department, Fire Department, or EVAC ambulance. They had started transporting the child when the ambulance was jump-started and she went by the ambulance, but since it was an electrical problem with the ambulance, the Rescue team used their own judgment and decided to stand by in the area in case there were any more problems. She stated that they keep personal use of the van at a minimum. and they do not use it to joy ride. She reviewed some of the reasons for seeing the van in the area. Mayor Ledbetter noted that he has observed the van going out West Park Avenue and down Air Park Road to 442 and also that he's heard a policeman volunteer the services of Edgewater Rescue without being asked. Councilman Spencer stated he felt most people recognize the tremendous service this group of volunteers has given to the City. and referred to the newspaper item complimenting EVER and the Fire and Police Departments. and commended the group for an outstanding job. Mr. Walter Gross, 909 Lake Avenue, expressed his anger that a citizen would investigate the most dedicated service this City has. He commented on the numerous hours of volunteer service by these people. and asked that people in the City write to Council to state they believe in the Rescue Squad. He said he had never heard a derogatory remark about anyone on the Rescue Squad. -2- Regular Council Meeting Minutes June 6,1983 o o COUNCIL/OFFICERS REPORTS/BOARDS AND COM~1ITTEES Council Reports - Councilwoman Bennington noted that there was a letter from Risk Management Services and she wanted to compliment the Water Department again on their safety policies. She said at the April 21st Workshop of Council they asked for copies of the Police Regulations and they hadn't been received from the Chief yet. She noted that the City Clerk had not yet furnished a report on the Fort Lauderdale trip on April 18th and she'd like to see it. Councilman Asting stated that it's about time to review the Building Official IS per- formance and held like to see a date set for this review. Mayor Ledbetter asked that the City Clerk notify them when the 90 days is up so a meeting can be called. Council- man Spencer noted that about two months are up now and held like to have a workshop meeting with the Building Official perhaps next week. Mayor Ledbetter stressed that they need to look at the budget so that they don't fall short in July or August. Councilman Spencer stated the budget for May should be out in about a week and he also felt they should look at the City's financial position. Mayor Ledbetter asked that a cash statement be submitted by the City Clerk as it hasn't been done for 5 or 6 months, and Charter mandates that this be done. Mayor Ledbetter spoke on salaried personnel that have overtime and comp time. He read figures on the City Clerk's comp time and overtime accumulated from the first of the year until May 12th. He then read figures for the Chief of Police. He said these are salaried employees and he understands if someone is called out at night he should be given time off for this. He said he does not condone paying overtime or comp time for this at the taxpayers I expense. Councilman Spencer said he wasn't informed as to the basis for arrival of the salary figure and held like to review this before making a commitment or voting. Councilman Asting noted that normally a person working for a yearly salary does not draw overtime and if extra time is put in, there should be comp time for this. Mayor Ledbetter commented on the Recreation Department's comp time in December and there was no recreation going on in December, and he said if the Water Dept. is called out during the night for an emergency then the employee should come in later to compensate for that time. Councilman Asting moved that no salaried employee be entitled to overtime pay as such, and if they put in overtime hours, they may be entitled to compensatory time without pay. Councilwoman Bennington seconded the motion, and added that it's unless it's brought before the Council. Councilman Asting approved this addition as an amendment to his motion. A member of the audience asked who's going to approve the compensatory time for the heads of the department and Councilman Asting said that is normally the function of the City Clerk. Councilman Asting stated the City Clerk shouldn't draw overtime. Mayor Ledbetter suggested Council members go to City Hall and review the amounts for overtime and comp time since the first of October. Councilwoman Bennington asked the impact on the union contract. Deputy City Clerk Susan Wadsworth said she'd check it. Mayor Ledbetter asked Mr. Westfall infue audience if there's anything in the contract regarding comp time and Mr. Westfall said there's nothing on comp time. Councilman Spencer asked for clarification of the motion as to whether it was salaried employees or department heads. Mayor Ledbetter stated it's for department heads and Councilman Asting agreed. Councilman Spencer stated he'd like to know under what circumstances the department heads were hired before voting. Motion CARRIED 3-1. Councilman Spencer voted NO. Councilwoman Bennington moved that the Mayor approve all comp time for department heads. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Spencer voted NO. Mayor Ledbetter said there was a problem with mail delivery to a resident on Riverside Drive and he hadn't received his bill and the water was shut off for a $25.20 out- standing bill. He said when he went in to pay for the bill, they added $5.00 to turn it on again.and he asked Mayor Ledbetter to bring it to the Council. Mr. Clark, the resident, told the Council that he was a new resident and had moved in the 18th or 20th of April and the bill he found when he inquired at the Water Dept. was mailed out on the 14th of April and was returned by the Post Office to the Water Dept. so he didn't receive the bill for the $12.00. Then last week he got up and found there was no water due to non-payment, and he hadn't received the bill. When he went to City Hall they gave him the first bill which had been returned by the Post Office and the second bill which had been stamped "00 not mail II and told him he had a penalty of $1.20 for a total of $25.20 but I"e couldn't pay that until he paid $5.00 to get it turned back on. He paid the bill but didnlt get it turned back on until about 3:45 that day. Mayor Ledbetter said he was told the bill wasn't delivered the first time because there were no mail facilities there. Councilwoman Bennington moved to waive the $6.20 that he had to pay since it wasn't his fault. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -3- Regular Council Meeting Minutes June 6,1983 . .. .' u o COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES(continued) City Attorney Reports - City Attorney Alvarez stated there's a new lawsuit filed regarding an old re-zoning matter for the Caldwell property and copies have been sent to the City's insurance agent. He asked for Council authorization to proceed with the defense for this suit. Councilman Spencer moved that Council request the City Attorney to defend the City in this suit. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez said we need to adopt an ordinance for Florida Traffic, Chapter 316, to incorporate it into the Code of Ordinances, and he could present it at the next meeting. Councilman Asting moved to have the City Attorney draw up the ordinance. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Clerk Reports - Deputy City Clerk Susan Wadsworth read the resignation from Mike Avery, Superintendent of Parks and Recreation Department, effective the end of the day June 16, 1983. Councilwoman Bennington moved to accept the resignation. Councilman Asting seconded the motion. Motion CARRIED 4-0. Deputy City Clerk Susan Wadsworth read a request from Police Chief Earl Baugh for per- mission to attend the Annual Working Convention in Fort Lauderdale on June 27 through 29 and asked for advance payment of $350.00 and use of the City car. Councilman Spencer asked Chief Baugh if he's an officer in this Association and Chief Baugh replied yes. Councilman Asting moved to authorize the Chief to attend the Convention. Councilman Spencer seconded the motion. Councilwoman Bennington asked the Chief to submit a report to Council on this. Motion CARRIED 3-1. Mayor Ledbetter voted NO. 2b Building Code Board - Resignation of Chairman - Deputy City Clerk Susan Wadsworth read the resignation letter. Mayor Ledbetter questioned the Chairman's appointing a temporary chairman on a Board and Councilwoman Bennington said she thought the ~ice-Chairman vias the one named on an interim basis by the Chairman. Councilman Asting moved to accept the resignation. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Citizen Code Enforcement Board - Resignation of Chairman - Deputy City Clerk Wadsworth read the letter of resignation. Councilman Asting moved to accept nation. Councilman Spencer and Councilwoman Bennington seconded the motion. CARRIED 4-0. Susan the resig- Motion Planning Commission.- Request for Building Official's Approval of Conformance before Issuance of Occupational Licenses - Deputy City Clerk Susan Wadsworth read the May 24, 1983, memo from the Planning Commission. Councilman Spencer asked that the next item on the agenda be read at this time since it pertains to the same subject. Zoning Commission - Regarding Issuance of Occupational Licenses - Deputy City Clerk Susan Wadsworth read the May 23, 1983, memo from the Zoning Commission. Councilwoman Bennington read from page 857 and 858 of the Code Book which states the City Clerk with the concurrence of the Building Official will determine that it conforms to the zoning code. City Attorney Alvarez said that first approval is given to a set of plans after zoning compliance with the ordinance but at the time it's not clear exactly what use the location is going to be subject to, as developers and owners don1t know just who might be renting it. Also, he felt the approval of the Building Official is essential when the license is issued. He suggested meeting with the chairmen of the two boards and will prepare legis- lation, if necessary, to submit to Council. Councilman Asting moved that this be turned over to ~he City Attorney to prepare the necessary information for Council to take action. Councilman Spencer seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS Residents regarding Dumping on Riverfront Area, Sanchez Street - Deputy City Clerk Susan Wadsworth read the May 24, 1983 letter. Mayor Ledbetter said he'd checked this out and he agrees that the City should clean up the debris but they shouldn't be responsible for grass clippings dumped there by area residents. Councilman Spencer felt all correspondence to Council should have signatures but he agrees there is a problem there. Councilman Spencer asked if a motion was necessary and Mayor Ledbetter said a letter could be written to the Street Superintendent to instruct them to clean it up, put a trash can there, and post appropriate signs. Council members agreed with this. -4- Regular Council Meeting Minutes June 6, 1983 . . ~ Q Q COMMUNICATIONS (continued) Petition to Close or Vacate Alley Between Hibiscus and India Palm - Deputy City Clerk Susan Wadsworth read the petition which had 37 signatures. Mayor Ledbetter noted that there is a high tension line there and Council should take that into consideration before making a decision. City Attorney Alvarez suggested the Clerk determine all property owners who have property affected and they be notified of the petition so if any action is taken in the future they will have an opportunity to present their views. Councilman Asting asked if a sign could be posted there so the street would be used only by residents or people concerned with that area and the City Attorney replied they need to look at the plat to see how it's dedicated, to the general public or just certain property owners, in addition to the easement. Councilman Asting moved to accept the petition. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Council agreed that the Clerk would handle this and would also get input from the various City departments and 3a would report back to Council. ORDINANCES AND RESOLUTIONS Res. 83-R-47 Appointment to Parks and Recreation Board - City Attorney Alvarez read this Resolution. A RESOLUTION RE-APPOINTING ONE MEMBER TO FILL A VACANCY FOR AN EXPIRED TERM ON THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR DUTIES AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved to adopt Resolution 83-R-47. Councilman Asting seconded the motion. Motion CARRIED 4-0. Res. 83-R-48 Opposition to Municipal Uniform Election Dates - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS OPPOSITION TO HOUSE BILL 1143 RELATING TO UNIFORM MUNICIPAL ELECTION DATES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez reviewed the background for this resolution. Councilman Asting moved to adopt Resolution 83-R-48. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Bid for Sale of City Lot at 18th & Umbrella Tree - Deputy City Clerk Susan Wadsworth read the ad that was placed for the sale of this City lot. There was one bid received in the amount of $1,550. Councilman Spencer moved that City Council accept the bid of Alex and Olga Chep10. Councilman Asting seconded the motion. Motion CARRIED 3-1. Mayor Ledbetter voted NO. Zoning Commission - Request for Re-zoning Six Times a Year and Request to have Minimum Living Area of 1,000 sq.ft. under Single Family DVle11ings, R-4, R-5-, R-5A, and R-6. Deputy City Clerk Susan Wadsworth read the May 13, 1983 memo from the Zoning Commission. City Attorney Alvarez noted these were the two items that were considered in the month of May at a Special Meeting. Mr. David McCallister, South Ridgewood Avenue, said he thought a decision of this importance should have a public hearing. before Council makes a decision. Councilman Spencer said held hoped to have more background information from Zoning as to their reasons for requesting these changes. Councilman Asting moved to have the City Attorney prepare a rough draft and the public hearing be scheduled on this matter. Councilwoman Bennington seconded the motion for discussion. Councilwoman Bennington clarified that the next meeting would be for the rough draft and the public hearing would be later. Councilman Asting agreed that just the rough draft would be prepared for the next meeting. Motion CARRIED 4-0. Zoning Commission - Recommendation regarding Briley, Wild's Suggestion on Subdivision Ordinance - Deputy City Clerk Susan Wadsworth read the May 31, 1983, memo from the Zoning Commission. Councilman Spencer noted that this was sent to the Zoning and Planning Commission and this was the recommendation from just Zoning, and he moved they wait for the Planning Commission's report before Council acts on it. Councilman Asting seconded the motion. Motion CARRIED 4-0. -5- Regular Council Meeting Minutes June 6, 1983 . , ", ' o \J UNFINISHED BUSINESS (continued) Planning Commission - Tree Preservation Ordinance Recommendation - Deputy City Clerk Susan Wadsworth read the May 24, 1983 memo from the Planning Commission. Councilman Spencer moved that the City Attorney complete the ordinance for presentation to Council for first reading. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Planning Commission - Proposed Ordinance Change regarding Game Rooms - Deputy City Clerk Susan Wadsworth read the May 24, 1983 memo from the Planning Commission. Councilman Spencer noted they are awaiting information from the Zoning Commission on definitions, and he moved that Council accept the memorandum from the Planning Commission and instruct the City Attorney to incorporate it in an appropriate ordinance. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Library Construction Grants - Deputy City Clerk Susan Wadsworth read the May 25, 1983 memo from the City Clerk. Councilman Spencer moved that. Council accept the letter and the information relative to the possibility of a grant and take the issue under advisement when preparing next year's budget. Mrs. Gable Harmon, Edgewater Librarian, spoke and said the letter of intent to apply is not a lndlng commitment. She reviewed the circulation and size of the Library and its anticipated future needs. Councilman Asting seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez asked for clarification of item 8.A. Bid for Sale of City Lot at 18th & Umbrella Tree. He said that if the sale of the property is involved, a closing will have to take place wherein the City will convey title to the successful bidder and the bidder will turn over the money for the purchase. He said he understood it was Council's desire that no money be spent by the City in this sale and the closing would be paid by the bidder. Mayor Ledbetter asked if the deed had been checked for a reverter clause in case the City didn't use it, it would go back to the Magnuson Corporation. There was a discussion on easements to the canal. Councilman Spencer moved that the City Clerk would inform these people they need to obtain an abstract. City Attorney Alvarez said they'd need the necessary documents for the closing. Councilman Spencer added they would need to obtain the necessary documents for the closing to his motion. Councilwoman Bennington seconded the motion. Motion CARRIED 3-1. Mayor Ledbetter voted NO. State Annexation/Consolidation Policy - Deputy City Clerk Susan Wadsworth read the May 5, 1983 letter signed by the Mayors in Daytona Beach Shores, Holly Hill, Ponce Inlet, and South Daytona. Councilman Asting moved to approve their resolution. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned. Lura Sue Koser (1- , fJ ' )~ i[/j( fZ2 ~_ M OR! Z~2 , Minutes submitted by: COUNCILMAN - ZONE ONE ~>~=~ COUNCI~ MAN - ZONE TWO D '.. /~.;k\Ir~ COUNCILMAN - ~THREE ct~f<r 14.~ / COUNCIcrAN : ZONt/FOUR ~ -~ A?: ' CITY CLE~ / ~ Approve thi sc2 ~ day of ~---- ,...--, , 1983. ( \ F- V~~ '-I <2A1:;ll. rH- ~.. nZ: MA YOR ' ~ v__ c~ V -6- Regular Council Meeting Minutes June 6,1983