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04-18-1983 - Regular . 4 ~ u ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING APRIL 18,1983 MINUTES Mayor Richard McKillop called the Regular Meeting of Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Absent Present Present Present City Attorney Jose' Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. Mayor McKillop read a proclamation recognlzlng the week of April 18 to 24, 1983, as Building Safety Week and urged all citizens to visit their Building Department during this week. Public Hearing on Ordinance #83-0-7. The City Attorney read the Ordinance. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO THE ADOPTION OF A CODE OF ETHICS FOR MEMBERS OF THE CITY COUNCIL, ALL APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA, AS ESTABLISHED BY PART III, CHAPTER-112, FLORIDA STATUTES (1981) AND PROVIDING FOR PRIOR ANNOUNCEMENT OF VOTING CONFLICTS, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McKillop opened the Public Hearing. There ~/ere no comments from the audience. Councilman Spencer moved to close the Public Hearing. Councilman Asting seconded. Motion CARRIED 4-0. Councilwoman Bennington moved to adopt ordinance 83-0-7. Councilman Asting seconded the motion. Motion CARRIED 4-0. Public Hearing on Ordinance #83-0-9. The City Attorney read the Ordinance. AN ORDINANCE AMENDING ARTICLE II, SECTION 7-21, AMENDMENTS, SECTION 107.4(f), REINSPECTION, OF THE BUILDING CODE OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE REINSPECTION FEE FROM FIVE DOLLARS TO FIFTEEN DOLLARS AND ADDING AN INCREASE OF FIVE DOLLARS FOR EACH ADDITIONAL REINSPECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor McKillop opened the Public Hearing. There were no comments from the audience. Councilman Spencer moved to close the Public Hearing. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to adopt Ordinance 83-0-9. Councilman Spencer seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES A. Special Meeting of March 31, 1983 - Councilman Spencer moved that these minutes be approved. Councilwoman Bennington seconded. Motion CARRIED 4-0. B. Regular Meeting of April 4, 1983 - Councilman Asting moved that these minutes be adopted. Councilwoman Bennington seconded. Motion CARRIED 4-0. BILLS AND ACCOUNTS The bills and accounts had separate items for Martin Paving Company and the City Attorney's bill. Councilman Spencer moved that these items be addressed separately. Mayor McKillop stated that can be handled. Councilman Asting questioned the bills for the sandbags and the loads of shell which were listed on the regular bills and accounts. Councilwoman Bennington questioned the bill from Charlie Murphy for $7,34Z., and expressed her concern since he's no longer employed in an official capacity that they don't have a guarantee that he'll do the inspections. Councilwoman Bennington read frpm the contract. The City Clerk said possibly if there are permits that he wrote out but have not yet been picked up and fees not paid yet the Council may wish to turn those over to the new Building Official. Councilman Spencer felt it would be appropriate for Council to authorize payment of the $7,347. after the inspections have been completed for which those fees were collected, and any applications that have been made and no fees paid then those should come under the new Building Official. Mayor McKillop noted that the contract called for payments each month for the fees collected. c ~ '-J (,) Councilman Spencer moved that the Council approve the payment to Mr. Murphy for the fees that have been collected and which are included in this bills and accounts and instruct Mr. Murphy and our new Building Official that the balance of Mr. Murphy's inspections be joint inspections to afford an opportunity for Mr. Bradshaw to get acquainted with some of the building going on in the City~ and furthermore, that Mr. Murphy will not receive any additional money for applications, only for those permits which were issued prior to a new Building Official. The City Clerk asked Councilman Spencer if he meant to draw the line where fees had been collected for permits and Councilman Spencer said that is right. Councilwoman Bennington suggested a joint final inspection. The City Clerk clarified that where applications have been made but fees have not been collected, the new Building Official would handle these. She read the motion as: Council approve payment to Murphy for the fees that have been collected and on these permits the final inspections will be a joint inspection with the new Building Official~ and if fees have not been collected, those permits will be handled by the new Building Official. Councilman Asting seconded the motion. Motion DID NOT CARRY 1-3. Councilwoman Bennington, Councilman Asting, and Mayor McKillop voted NO. There was a discussion regarding partial payments and cutoff dates. Councilwoman Bennington moved that we approve $3,650.of Mr. Murphy's fee until his final inspection for all permits paid prior to April 6, 1983~ and permits where fees have not been collected be turned over to Mr. Bradshaw. Councilman Asting seconded~ Motion CARRIED 4-0. Councilwoman Bennington moved to pay the rest of the regular bills. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved to approve the City Attorney's bill. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer suggested that we have a separate report from the engineers on the two sections that Councilman Asting had brought to the attention of Council at a previous meetings and he said he thought we were to have a workshop with the new auditors and he wanted to talk with the auditors relative to the paving program financing. Councilman Spencer moved to defer payment of this bill to Martin Paving until we have talked with Brent Millikan on the paving program. Councilman Asting seconded. Councilman Spencer noted that he wanted the meeting with Brent Millikan to be within the next week. Motion CARRIED 4-0. MISCELLANEOUS Mr. John Siburn, Connecticut Avenue, referred to a recent article in a newspaper about Edgewater's looking ridiculous again. He said that after polling many people that most are unhappy with the performance of this Council and he felt if the May 10th election was for this Council, there would be new faces here. Mr. Walter Gross, 909 Lake Avenue, asked Mayor McKillop about a meeting he had two weeks prior on a Saturday with Briley, Wild. Mayor McKillop said he had been offered a tour of the Briley, Wild offices and he took the tour to see the scope of services they could offer to the City. Mr. Gross referred to the section in the City Charter which lists the scope of the duties and responsibilities of the Mayor. Mr. Gross spoke on Mayor McKillop's walk along the railroad canal with the supervisor, the Mayor's trip with the Police Chief looking at homes and automobiles that had no license plates and an emergency meeting called by the Mayor for the culverts caving in. Mr. Gross said he felt Council is relinquishing their responsibility to the people and referred to the Planning Board approving plans without coming back to Council. Mr. Gross asked Councilman Asting when the duties of the Mayor were changed and Councilman Asting stated the duties of the Mayor are in the Code~ and read from Section 15 of the Charter. Mayor McKillop stated that as Mayor of the City he considers himself to have been very active but when problems came up he has taken no action without coming back to this Council and getting the vote and will of Council. He said he felt they should all be responsive to the citizens that elected them. Mr. Jones, 2224 Victory Palm Drive, spoke on due to the" elevation of neighboring property. the front rather than the back. He has spoken He asked for Council help with this problem. drainage of water onto his property He suggested storm water should go to to our new Building Official on this. -2- City Council Regular Meeting Minutes Apri 1 18, 1983 (.,) u Mr. Me1 Wargo, Pines Edge Court, thanks City employees and everybody who helped the water drain in Wildwood. He referred to the lack of City park area in the Wild- wood area and suggested setting aside acreage for City parks. Mr. Dana Armstrong, former Mayor, referred to the item under New Business on Vacating of Property. He thinks the names were confused as it was listed as Alvarez Lane and he feels it should be Plaza Lane. He said Alvarez Plaza used to be the Town Square. Mr. Frank Opal, Florida Shores, spoke on Dan No1anls visits to the Planning Department and said a week ago,as a member of the Planning Board, he decided to check out parking spaces at property of Edwin Hall IS complex north of Harris Construction on u.S. #1. He said a policeman was notified and was told he was trespassing and harrassing. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Councilwoman Bennington re: Change in Voting Order - Councilwoman Bennington had dis- tributed a memo explaining why she wanted this change. Councilwoman Bennington moved to delete from the ordinance that section that the Mayor shall vote last and change it to voting will be on a rotating basis for each meeting. Councilman Spencer seconded the motion. Councilman Asting felt Council should be able to rebut, and suggested that after entire Council has an opportunity to speak on a motion, then the Mayor would ask if there is any rebuttal. Mayor McKillop stated that the March 10th minutes reflected the reason for this was so nobody was on the hot seat for more than one vote and he didn1t feel the first vote is any more on the hot seat than the others. Motion CARRIED 3-1. Mayor McKillop voted NO. Mayor McKillop reported on an April 13, 1983, meeting of Vo1usia Council of Government on the gas tax. Councilman Spencer had also attended a meeting of Managers on gas tax and submitted a written report to Council and the Acting Administrator. Mayor McKillop suggested appointing an alternate to Vo1usia Council of Governments for attending meetings on those days he can't attend. Councilman Spencer nominated Councilman Neil Asting as the alternate. Councilwoman Bennington seconded the nomination. Councilman Spencer moved that the nominations be closed. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Attorney Reports - The City Attorney had given copies of ,the Montesano information to Council. He said he received a response from his letter to former Councilman Lodico and Mr. Lodico was guided by the date on the card and nobody had notified him clearly and he used the card 2 or 3 days after the termination of his term, and he had been sworn in for a term to expire December 31st. Mr. Lodico did state he will not pay for this charge, and the City Attorney will prepare a complaint on this case. The City Attorney stated held met with the Building Code Board regarding the increased fees for reinspection, and the elevation for buildings, and the safety factor involved when an owner-builder does his own work. The City Attorney distributed copies of drafts of proposed ordinances on the elevations and owner-builders doing their own work. The City Attorney distributed copies of the 1963 Charter re: annexation as a legal memorandum. He spoke on appeals from the Board of Adjustment and said there is still a question pending to standardize the appeals as to whether they go to Councilor the courts. He is reviewing information on the Code Enforcement Board and will give an opinion at the next meeting. He reviewed the objection filed on the DER permit for the park and pier application. There is a deadline for applying for the grant so he contacted DER to get an intent to issue the permit, which can be attached to the grant application. Councilman Asting moved to have a recess at 8:45 P.M. Councilwoman Bennington seconded the motion. Meeting was recessed. Meeting returned to order. City Clerk Reports - The City Clerk said weld get copie's on the subdivisions to Council for their review. . She verified the count on the Vo1usia League of Municipalities Dinner. The City Clerk said she and the Finance Director would make formal reports to Council on the Ft. Lauderdale seminar. Department Head Reports - Councilwoman Bennington asked for further detail from the E.V.E.R. reports as to who we assist and when we get assistance. -3- City Council Regular Meeting Minutes April 18, 1983 ~ u Mayor McKillop brought up the Department Head Reviews and suggested taking a day this week to review all these departments. Councilman Spencer reviewed the various items that need to be acted upon by Council. It was discussed and agreed that Building and Legal would not need to be reviewed. The City Clerk suggested setting 2:00PM on Thursday for the Special Meeting on re-zoning Old County Road. Civil Defense Director - Request to Attend Hurricane Conference - The City Clerk said the request to have Mr. Wyatt, co-coordinator of Civil Defense, attend the conference has been withdrawn so there would be only Mr. Vandergrifft going. Councilman Spencer moved to approve Mr. Vandergriff tis attendance at the Conference and to pay the expenses requested. Mr. Vandergrifft came forward and said since it didn't get to Council before the 15th, the registration fee is now $125. instead of the $100. listed on the letter. Councilwoman Bennington seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. COMMUNICATIONS Merit Board Resignation - Terry Edgell - The City Clerk read the letter of resignation from Mr. Edgell. Councilman Asting moved to accept Mr. Edgell's resignation and send a letter of appreciation. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Planning Commission Alternate Member Resignation- Paul Henry - Councilman Asting moved to accept the resignation. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Mayor McKillop suggested establishing a new pool for board members. Councilman Spencer felt Council should make known there will be vacancies and they are interested in more applicants for boards. The City Clerk said she'd notify press. Request for Home Occupational License - Mike Rollains - Mr. Rollains provides lawn care services and had signed the statement agreeing to the stipulations of the City. Councilman Asting moved to grant the license. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer reviewed the form for applications for home occupational licenses. The City Clerk said the new Building Official had suggested a mobile license which would be a less detailed form. Councilman Spencer moved that the Acting City Administrator review the ordinance relative to home occupational licenses and consider modification for mobile licenses and draft the proposed new form, and with the City Attorney make whatever modifications of ordinances as necessary. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. FEC Barricade/Dale Street- Joseph Grooms - There was a discussion as to whether this is a dedicated street. Councilman Asting expressed concern over the accessibility of fire trucks or other emergency equipment into this area. Councilman Spencer suggested turning this over to the Acting City Administrator to determine where the property is, and get legal assistance from the City Attorney. Councilwoman Bennington moved to turn this over to the Acting City Administrator to clear up this matter. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Request to Hold Two Flea Markets at Pelican Plaza - There was a request to hold two flea markets at Pelican Plaza on April 30, 1983, and May 21, 1983. Councilman Asting moved to grant this request. Councilman Spencer seconded the motion. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS 83-0-10 Home Occupational Licenses - The City Attorney read this ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 83-0-1 ADOPTED JANUARY 3, 1983, AND ENTITLED "AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 82-0-19, ADOPTED JUNE 6, 1982, AND ENTITLED IAN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE CITY COUNCILI BY REPEALING SAID ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL SHOULD CONSIDER AND APPROVE THE ISSUANCE OF ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES" BY REPEALING SAID EMERGENCY ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY CLERK SHOULD CONSIDER AND APPROVE THE ISSUANCE OF ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt this ordinance. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -4- Regular Council Meeting Minutes April 18, 1983 Q u Ordinances and Resolutions (Continued) . .. .. 83-R-34 911 Emergency Network Agreement - The City Attorney read thi s Resol uti on. A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER~ FLORIDA TO ENTER INTO AN INTERLOCAL AGREEMENT FOR THE IMPLEMENTATION OF AN ENHANCED 911EMER- GENCYSYSTEM WITHIN THE CITY OF EDGEWATER,-FLORIDA,"SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT, REPEALING ALL RESOLUTIONS IN CONLFICT HEREWITH AND PROVIDING FOR AN"EFFECTIVE DATE. "Councilman Spencer moved to adopt this Resolution. Councilman Asting seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Merit Board re: Safety Program - The City Clerk had submitted copies of the revised vehicle accident reporting procedures. There was a discussion as to how many from the management team would be on the safety committee. Mayor McKillop felt management should be represented and" that fo"rms should be made available in"each department for accident reporting. Mayor "McKillop also felt it should be clarified that Council is notified when there is an accident. Councilman Astingmoved that the City Administrator be desig- nated as the City Safety Officer and to set up a safety program for the City work areas. The City Clerk said she assumed this is with the cooperation of the Safety Committee and the Merit""Board "and the various employees who would be on it and department heads. Council- woman Bennington seconded for discussion. There was a discussion regarding liability of the City when an employee brings "Lip a safety problem and itls not corrected and an accident occurs. Council members agreed this is a responsibility of management and that the safety committee should have "department heads and general employees. Motion CARRIED 4-0. Road Grader - The City Clerk said ads had gone out for repair or reconditioning of the grader. The hand brake on the grader has been repaired and it is now in use. Councilman Spencer moved toinfo"rm Florida Georgia Tractor that we do not intend to buy new equip- ment at this "time. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. There was a five-minute recess called at 10:00 P.M. Meeting returned to order. Unfinished Business was continued. Part-Time Recreation Director - There were two applicants for this position and funds in the amount of $100. a month were budgeted. Councilman Spencer moved that this item be removed" from the table. Councilman Asting seconded. Motion CARRIED 4-0. Councilman Asting moved that Dennis Norman be appointed part-time recreation director. Councilman Spencer seconded. Mayor McKillop questioned the dual .employment status since Mr. Norman is an employee in the Wastewater Department. The City Attorney said he would have to come back to Council with a ruling on this. Councilman Asting withdrew his motion and Councilman Spencer withdrew his second. Shuffleboard Agreement - Councilman Spencer moved to remove this subject from the table. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved to refer the Shuffleboard Agreement to the Parks and Recreation Board for their consideration and recommendations to Council. Councilwoman Bennington seconded. Motion CARRIED 4-0. Fees for Community Center Use - Councilman Spencer moved to remove from the table the Fees for Community Center Use. Councilman Asting seconded. Motion CARRIED 4-0. Councilman Spencer moved that the subject of the review of ~he Community Center fees be referred to the Parks and Recreation Board for their consideration and recommendation to Council; Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Sale of City Lot - Umbrella & 18th - Councilman Spencer moved that the City hire an appraiser to set an appraised price of the property and the property be offered for public sale to the highest bidder, who bids higher than the appraised price plus the cost of the appraiser. Councilwoman Bennington seconded for discussion. Motion CARRIED 3-1. Mayor McKillop voted NO. -5- Regular Council Meeting Minutes April 18, 1983 . ., u o New Business (Continued) Cit~ Manater Applications - Councilman Spencer stated we've received more than 50 appli- catlons or City Manager and he thinks we should screen the applications and invite the candidates for interviews so Council will be in a position to move quickly after the May lOth referendum, Councilman Spencer moved that Council hold a workshop to screen City Manager applications at the earliest opportunity. Councilwoman Bennington seconded for discussion. Councilman Asting didn't think the workshop would accomplish anything and suggested each Council person review the applications and select 5 and then have a workshop rather than try to review 51 at a time. Mr. Walter Gross called a point of order. He referred to the petition and said they wasted enough time. Mayor McKillop stated this did not refer to this subject. Councilman Spencer said he agreed with Councilman Asting's suggestion to pick the top 5 to 7 and withdrew his motion. Councilwoman Bennington withdrew her second. Councilman Spencer moved that each member of the City Council review the City Manager applications and select the top 5 to 7 and notify the City Clerk and that this be followed by a workshop relative to setting up interviews and the screening be done by April 29th. Councilwoman Bennington seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. Vacating Alvarez Lane - Mr. Charles Hamel spoke to Council and referred to the property on the east side of U.S. #1 just north of the Methodist Church. The property fronts on U.S.#l for a distance of 767 ft. and runs to Evergreen. The average depth is 400 ft. and it has a rear exit to Alvarez Lane, which is Plaza Lane on the City maps. The property is divided into 3 lots, #12, 13, and 14. Mr. Hamel referred to the April 19th, 1982, ordinance which was passed giving 15 ft. to the per-son on the south and 15 ft. to the person on the north. He was not notified, being an abutting property owner and the closing of that street materially affects the valuation of the property, and he asked Council to return Plaza Lane to its original status. City Attorney Alvarez questioned which procedure was used to vacate the street, the actual name of the street, and if it was vacated pursuant to Charter provisions, and what impact does State Statutes have which establishes abandonment. Mr. Harold Breuilly, owner of the lot to the south, spoke to Council. He reviewed a letter he wrote to Council on March 27, 1983. Mr. Hamel noted that they are entitled to the use of the street for ingress and egress to the property regardless of whether the Charter provision or State Statutes were used. . Councilman Spencer asked if there was verification as to whether Mr. Hamel was notified prior to the ordinance being passed. The City Clerk stated she could not find anything in that file. Councilman Spencer suggested giving the City Attorney a little more time to research.this for alternatives and he moved that the subject be tabled until the next regular meetlng at which time the City Attorney could add alternatives or suggestions for action by Council. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Appoint Member to Merit Board - Councilwoman Bennington moved to table the board appoint- ment until we get more applications. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Spencer voted NO. Appoint Alternate Member to Planning Commission - Councilman Asting nominated George Quaggin as alternate member to the Planning Commission. Councilman Spencer seconded the nomination. Councilman Spencer moved that nominations be closed. Councilwoman Bennington seconded the motion. Councilman Spencer moved to appoint George Quaggin. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilwoman Bennington voted NO. Appoint Member to Police Pension Board and General Employees Pension Board - Councilwoman Bennington moved to appoint Reverend Canova to the Police Pension Board and Reverend Hardin to the General Employees Pension Board. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -6- Regular Council Meeting Minutes April 18, 1 983 . .. u w Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 11:20 P.M. Minutes submitted by: Lura Sue Koser ATTEST: )u. CITY CLEo/' Approved this y~, ,J 'HI- day of ~ , 1983. ill is - II ()~zi' -\11 -.u~ f~/ J;. G ~ /~ MAY-OR - '- WJi)f A1~ COUNCILMAN - ZONE ONE /l)u . ?;-A::7 ~ ~ ye4 - -7- Regular Council Meeting Minutes Apri 1 18, 1983