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10-17-1983 - Regular ~ Q ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 17,1983 MINUTES Mayor David Ledbetter called the regular 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 Present Present Present Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Special Meeting of September 30, 1983 - Councilman Spencer moved to adopt the minutes of the September 30th meeting. Councilman Asting seconded the motion. Motion CARRIED 5-0. Regular Meeting of October 3, 1983 - Councilman Asting moved to adopt the minutes of the October 3rd meeting. Councilwoman Bennington seconded the motion. Councilman Wargo noted that these minutes reflect that he had motioned that EVER, Council and the Fire Department get together to work out something regarding moving EVER to the Fire Station and that no other action had been taken. Motion CARRIED 5-0. Special Meeting of October 4, 1983 - Councilwoman Bennington moved to approve these minutes. Councilman Wargo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council authorize payment of the bills and accounts as presented. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mrs. Opal, Florida Shores, said that on April 6, 1983, Mr. Robert Christy accused her husband, Frank Opal, of various misconduct which included the acceptance of $700. for harrassing him. She accused the Police Chief of aiding his then boss, the Mayor, of misrepresenting to the public and the City Council false information supposedly con- tained in two letters which were in his possession. She said the Chief does not possess such letters and she felt the City Council is responsible for the conduct of the Police Chief. She said their name has been slandered and requested that the Chief of Police resign and the City Council fullfil their obligation to the public and terminate his duties aS'Police Chief. Mr. Frank Opal, Florida Shores, said the Police Chief deliberately besmirched his name by making the former Mayor look good. He said the Police Chief got the two letters to corroborate the Mayor's allegations, and he was told he would have to get a court order to see them. He said his wife contacted City Clerk Kinsey to investigate this and Ms. Kinsey informed him that the letters that the Police Chief had were not public record. He noted that the Police Chief did not return his wife's calls. He referred to the meeting held on October 4th after the subject was brought up at the October 3rd Council meeting and said when he asked the Chief to produce or read the two letters, the Chief told him he only had one letter, which was under lock and key. He said he was later told by the City Attorney that there was a 3 or 4 page statement and his name wasn't mentioned, He alleged the Police Chief was guilty of the public records law violation and urged the City Council to promptly remove him from the City's payroll. Mr. John Siburn, Connecticut Avenue, referred to the 1980 Supreme Court ruling that killed muncipalities' immunity. He asked Council if they wished to include ad valorem taxes that include Rescue, Parks and Recreation, and Fire Control.as to budget any tax funds for registered corporations is a violation of State law. Mayor Ledbetter noted that the Fire Department has been funded for years for the volunteer work they do and that the recreation figures \~re misleading because the grant money is in that account. He said Rescue is in the Charter but he didn't know how it oot there. Mr. Siburn thanked Council for stopping the commercial business of wind sailing at Menard Beach. Q o Mr. Richard Makie, who recently purchased property on Virginia Street, spoke to Council about the warning horn that was recently moved from where it had been located on his property but said it was where he intended for his driveway now. He said he'd talked to Mr. Leon Robitsch at Leon's Shell who agreed to have the horn relocated to the roof of his service station. Mayor Ledbetter said he thought it could be resolved and didn't know they'd moved it on the easement, but that they would need protection from liability from Leon's. Mayor Ledbetter asked City Clerk Kinsey to contact Leon's and the Public Works Superintendent to get the horn moved off the easement. Mr. Robert Rosa, 515 Wildwood Drive, said he now has about sixty gallons of water standing in his drive and yard where before he had only a small puddle when it rained. He said held been waiting for two years and the problem is worse than before. Mayor Ledbetter asked City Clerk Kinsey to resolve Mr. Rosals problem with the Public Works Superintendent or call the engineers in. Mr. Robert H. Christy, 1916 Evergreen Drive, suggested Mr. Opal file his litigation papers. Mayor Ledbetter referred to a man who had threatened his life and Mr. Christy said there were threats on his life also. City Attorney Alvarez cautioned members of Council to refrain from making any further statements on this matter. Mr. Christy said he hated to see people knock down Fire and Parks and Recreation as it took so many years to get. He referred to Ordinance 79-0-15 regarding nudity in bars. He said Council should enforce the laws or delete them from the books. He said he was told that the color of the tee shirts worn at the bars determined if there was a problem or not. Mayor Ledbetter noted that this situation was passed on the proper authorities. Mr. Dana Armstrong noted that between September 30th and October 4th there were three meetings in five days and he was concerned because he was the subject of an investigation that went to the Grand Jury. regarding what must be done before the meetings are held. He said there were 14 acres donated to the City and the Public Works was moved onto that property and they were to keep enough for the expansion of the sewer plant there. He said the sewer plant occupies about 3 acres there now. Mayor Ledbetter noted that the County donated the land to the City south of the existing sewer plant about three years ago. Mr. Armstrong said there wffi:acovenant with the federal government on this land and there wasnlt a problem with the building of Public Works or the Fire Department but if they default, they lose it all. Mayor Ledbetter said the Fire Station is out of that 14 acres. Mr. Robert Christy called a point of order and said four acres were given to the City by the County and they donated it where the Fire Station was built. He said this had nothing to do with Ordinance 400 and nothing was traded for it. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilman Spencer noted that he attended the Florida League of Cities Convention and that a trip report was being prepared and Council would receive a copy. City Attorney Reports - City Attorney Al,varez said he needed authorization to defend the City in the Berman vs. City of Edgewater suit. Mayor Ledbetter noted that he was served the subpoena at his home about 6:00 PM because the City Hall was closed. Mayor Ledbetter said that about four years ago when a contractor was building a house and had exhausted all means of getting help he came to Council. City Attorney Alvarez cautioned Council to refrain from any further statements on this matter. Councilman Asting moved to authorize the City Attorney to defend the City. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Clerk Reports - City Clerk Kinsey said the 18th is the deadline for the Parks and Recreation and Buildings and Maintenance position and the 20th is the deadline for the Building Official and Part-Time City Engineer applications and that Council needed to set dates to review the applications. She said as of that date there were 25 applications for Recreation, 12 for Building Official, and 3 for City Engineer. Councilman Spencer suggested a workshop to review the applications and narrow it down to those they want to interview. Councilwoman Bennington suggested two separate workshops due to the number of applications. It was agreed that the Parks and Recreation Workshop would be held on October 25th at 10:00 AM and the Building Official and Part-Time City Engineer Workshop would be held November 1st at 10:00 AM. City Clerk Kinsey said they need to set a date for the Federal Revenue Sharinq Proposed Use Hearing. Mayor Ledbetter asked if they had a definite figure yet and City Clerk Kinsey said there was a figure to use that they received by telephone and other cities were holding their hearings based on the telephone figures. Mayor Ledbetter said held like to see it in writing first. Councilman Spencer noted it could be 30 to 60 days before they get it in writing because of a variation in the Senate and House. City Clerk Kinsey suggested 6:30 PM on November 7th just prior to the regular Council meeting, with the first reading of the ordinance on December 5th and the second reading in January. Council members agreed to these dates. -2- Regular Council Meeting Minutes October 17, 1983 I ~ o o City Clerk Reports (continued)- City Clerk Kinsey said she'd received a notice of a seminar to be held on November 4th regarding Proposition One and she called this to Council's attention due to the fact that this would be before another regular meeting. She said there was a $50. registration fee involved. Mayor Ledbetter noted that he would not vote for it and Councilman Spencer said he didn't feel they were ready to explain to voters the impact of Proposition One. No Council members indicated they would be available to attend the seminar. City Clerk Kinsey said that Dave Pettit had received notification the Wastewater Plant had been selected to receive a commendable award of honor from the Florida Pollution Control Association and she recommended that Council send Mr. Pettit to the Award luncheon in Miami on October 27th. Councilwoman Bennington asked the cost and City Clerk Kinsey said about $150. in expenses and the City auto plus lost wages. Councilman Asting moved to authorize Dave Pettit to go down and receive the award. Councilman Wargo seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said there is a list of pending items they keep putting off and she suggested a Council workshop with the department heads to set priorities. She suggested October 20th at 10:00 AM. Councilwoman Bennington noted that she had to be in Daytona Beach at noon but if they could take a break, then she could come back. Council members agreed to this date and time. City Clerk Kinsey said the Industrial Development Board requested their November 3rd regular meeting to be a joint meeting with Council as they need direction on several items and they'd also like the City Attorney to be present. Council members agreed to this request for the meeting at 7:00 PM on November 3rd. City Clerk Kinsey said that due to illness and a resignation on the Zoning Commission she had received suggestions of.possibly combining the Zoning and Planning Commissions. Mayor Ledbetter said they could be combined but he didn't want it done as it was before, and asked how many would be on the combined board. There was a discussion regarding the number that would be on the board. Councilman Spencer suggested a meeting with the members of the two boards to determine their feelings on this matter and said held talked to some members who indicated it would be a good thing to do. He said he felt there were some overlapping responsibnities and a single board would prevent that, and suggested that as resignations occurred or there were expirations of terms, it would revert to a smaller number. Mayor Ledbetter suggested they retain all members on the boards at this time. Councilwoman Bennington noted that the Zoning Commission doesn1t have a quorum at present to conduct business and she was approached by a member of the Zoning Commission regarding combining the two boards. Councilman Wargo suggested they table it until they have a chance to study it. Mr. Frank Opal asked who wanted the two boards combined and said they had the problem before and they're going through the same procedure and they just wanted to get rid of some of the members. Mayor Ledbetter noted that the boards would be intact as they are until the members resign or the terms expire. Councilman Wargo moved to TABLE this. Councilwoman Bennington seconded the motion. Councilman Spencer asked to amend the table until the next regular meeting of Council to reconsider it on a specific date. Mr. Robert Christy called a point of order and said a motion to table cannot be amended. Councilman Spencer said he could request it be on the agenda at a later date and withdrew his request for the amendment. Motion to table CARRIED 5-0. City Clerk Kinsey said the roof on the Library is leaking and the entrance in the front is weak. She requested Council authorization to go out on bid to re-roof the Library. There was a discussion regarding the age of the present roof. Mr. Dana Armstrong, former Mayor, stated the old roof was probably due for replacement but the new section might still be under warranty. Councilman Wargo suggested contacting the insurance compnay to see if there would be any money from them. City Clerk Kinsey said she1d received an estimate for $3,500. so it would have to be put on bid since it was over the $2,000. limit. Councilman Asting moved to authorize the City Clerk to go out for bids to replace the roof on the Libary. Councilman Spencer seconded the motion. Councilman Wargo reminded the City Clerk to check with the insurance company. Motion CARRIED 5-0. -3- Regular Council Meeting Minutes October 17, 1983 o o Mayor Ledbetter said held talked to the Fire Department and they asked that Council . look at the plans for their proposed civic center building. Councilman Asting moved to recess for five minutes to review the plans. Councilwoman Bennington seconded the motion. Meeting was recessed at 8:12 PM. Meeting returned to order at 8:20 PM. Mayor Ledbetter asked if it looked favorable for the Fire Department to look at the site of the Mango Tree fire station as he wanted to see the building built on City owned property. Councilman Spencer noted that he and Mrs. Bennington had been meeting with the Fire Department representatives to review this and the places for construction were very limited,and the area next to the treatment plant seemed to be the only reason- able place to be utilized. He said held talked to the City Engineer and Terry Wadsworth, Utilities Superintendent, and was convinced that the space right in line to the present sewer treatment plant was suitable but they would need an understanding that if it's needed for future sewer plant expansion they would have to give up the parking area as planned. He suggested giving an indication for the Fire Department to develop a site plan for that area and have the City Attorney begin to draft an agreement between the City and the Edgewater Volunteer Fire Department, Incorporated, for the use of that land. Councilman Asting noted that held like to see in the agreement the number of years the building will be in existence when it reverts to the City, certainly after the mortgage is paid. Mayor Ledbetter asked City Attorney Alvarez if the City as the owner of the land would have to submit the title to the bank for them to secure the mortgage. City Attorney Alvarez said the bank will make that decision and they might require it. Councilwoman Bennington said there were several questions to be answered before Council agrees to develop site plans and she suggested she and Councilman Spencer and the Fire Department representatives meet with the City Attorney before it's presented to iron out the details. Mr. Jessie Walls, Assistant Fire Chief, asked if they were in good standing to get the land and if so he wanted to get with the entire Council for a workshop with all the firemen. Councilman Asting asked Mr. Walls if held said that there were four lending institutions that seemed to be agreeable to the project and Mr. Walls said yes. Councilwoman Bennington asked Mr. Walls if they'd changed the Articles of Incorporation yet and Mr. Walls said no, but they will. Councilwoman Bennington asked if they were planning for the City to cosign the note and Mr. Walls said he didnlt think it would be necessary but they'll talk about it closer to the time. Mr. Bob Wolfe, President of the Fire Department, said that the lending institutiomthey talked to said the Edgewater Volunteer Fire Department Association, Inc. would be the only one responsible. Councilman Asting asked Mr. Walls if the value of the building would be $125,000 to $150,000 after completion or if that was only for materials. Mr. Walls said that is only a rough idea based on the footage of the building and that the members would do as much of the work as possible. Councilman Asting asked what areas would be for parking and how many cars could be parked. Mr. Walls said the side to the north next to the lake and there would be space for 100 to 150 cars. Councilman Asting asked if the building would be available to rent by an organization or family for weddings and other events and Mr. Walls said that's how they intend to pay for it and keep the insurance. Councilwoman Bennington noted there were problems that need to be worked out and Councilman Wargo said there were a lot of questions to be answered also. City Attorney Alvarez suggested to save time that the Council meet with the Fire Department and come up with terms and conditions of a proposed agreement, including the lease, reverter provision, limitations of the City's financial powers, etc., then he could submit this as a request for a formal opinion from the office of the Attorney General and obtain a ruling of the different Consti- utional Law questions as he wanted all precautions taken. Mayor Ledbetter asked how long it takes to get an answer from the Attorney General and City Attorney Alvarez said it's a reasonable time and it shouldn't impair the development or have a negative impact. It was agreed that Council would meet with the Fire Department on November lOth at 7:00 PM in the Community Center. Councilman Spencer said that before the 10th held like a sketch plan of the layout showing the parking areas. Mr. Walls said he'd do that. Utilities Dept.-Re: Class B,Water Plant Operator Requirement - City Clerk Kinsey read the September 28th memo from Mr. Terry Wadsworth, Utilities Superintendent which stated DER's requirement for a Class B Water Plant Operator. He noted that the next state licensing examination would not be until February of 1984 when three members of the department would be eligible to take the test. He recommended using the services of Professional Plant Operations on a month to month basis. Councilman Asting stated he likes to see promotions from within if they pass the examinations and since the cost is no more than what was budgeted, he moved that they authorize the City Attorney draw up a contract between the Professional Plant Operators and the City on a month to month basis until February w~n'the Class B Water Plant examinations take olace. Councilman Soencer seconded the motion. Mayor Ledbetter questioned the availabiiity of Briley, Wild' for this service and Mr. Terry Wadsworth said they would need at least 20 hours minimum and that Professional Plant Operators is owned by Briley, Wild. Motion CARRIED 4-1. Mayor Ledbetter voted NO. -4- Regular Council Meeting Minutes October 17, 1983 o o Utilities Dept. Re: Committed Plant Capacities - City Clerk Kinsey read the October 5 memo from Terry Wadsworth, Utilities Superintendent, which stated the water plant is committed now to over three quarters of its capacity. Councilman Asting noted there are applications coming in for a part-time City Engineer and perhaps this could be a project he could review-and advise Council. Councilman Spencer suggested that since they have a workshop scheduled to set priorities this could be included and given a high priority and he moved to TABLE this until the next session. Councilman Wargo said they need to look at the water intrusion problem first as they don't need any more $50,000. mistakes. Councilman Spencer moved to consider this for a Workshop for setting priorities. Councilman Asting seconded the motion. Motion CARRIED 5-0. Fire Dept.- Opposition to Using Facilities - City Clerk Kinsey read the October 11 letter from Mr. Bob Wolfe, President of the Edgewater Volunteer Fire Department. Councilman Wargo stated he felt the letter was premature since the minutes reflected he wanted to meet with the Fire Department to talk things over. Mr. Bob Wolfe said he wrote the letter as the information he received from the newspaper was that Council would move Rescue to the Mango Tree Fire Station and he considered it a slap in the face. He noted the building was built by the firemen, plus other buildings, Qut they weren't opposed to the City doing anything since they were built for the City. Councilman Wargo told Mr. Wolfe that they should have asked questions when they read the newspaper article. Mayor Ledbetter noted that his comment had been that he didn't want to do anything until they talked with the Fire Department and Rescue. Mr. Wolfe stated they'd built the Community Center and it was no longer theirs and now they were concerned that other buildings they built may be taken away. Councilman Asting asked if the Fire Department had been consulted when they established the Planning Department in the Community Center and Councilwoman Bennington said she'd called the Fire Chief and talked to him before she brought it to Council. Mr. Wolfe said they could discuss it when they meet on November 10th. Councilman Asting moved to TABLE the letter until the 10th of November. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Merit Board - Mr. Ray Troian - City Clerk Kinsey read the October 10 letter which stated there was a vacancy on the Merit Board as Mr. Troian was no longer a member. Councilman Wargo moved to declare the position vacant. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington noted there are several boards with openings and she requested this be put on the next regular meeting's agenda so they can do some- thing about filling the vacancies. Police Department - Appointment of Second in Command (Temporary) - Mayor Ledbetter said he saw no reason to appoint a temporary person in command at this time and if the occasion arises, the City Council is capable of running the Police Department if it becomes necessary. Councilman Spencer noted that this was requested and he moved that they accept the Chief's recommendation to appoint Detective Sergeant Joseph McEver as second in command. Motion DIED for lack of second. City Attorney Alvarez asked to speak to Mr. Bob Wolfe since Mr. Wolfe was preparing to leave the meeting at this time. He addressed the subjec~ of leases and requirements for public use of the facilities and the degree of control. Police Dept. - Job Description for Assistant Chief - City Clerk Kinsey read a proposed job description for a Deputy Police Chief. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and moved that they advertise for an Assistant Chief or Deputy Chief of Police or Captain and he read a list of the requirements for the position. Councilman Spencer asked ~layor Ledbetter if he was satisfied with the job description that was presented and Mayor Ledbetter said he wanted his proposal to be considered along with this one. Councilman Wargo seconded the motion. Councilman Spencer said there were some things that didn't seem pertinent to the position such as the authority to hire, transfer, etc. as he didn't feel it should be the responsibility of a deputy or assis- tant. He said the qualifications that were stated would rule out the present sergeants from applying for the position and there were few enough opportunities for advancement now. Councilman Asting said the position of Lieutenant is part of the bargaining unit and he disagreed with that, and said he agreed with Councilman Spencer's objection to the Deputy having the authority to hire, transfer, etc. Councilman Spencer said that five years in related police work could be used rather than five years minimum in admin- istrative procedures. Councilman Wargo suggested under minimum qualifications, it should be considerable knowledge at a level of Lieutenant or above. Councilman Asting asked if the Lieutenant's position was in the bargaining unit and Councilman Wargo said yes. Councilman Asting said he didn't want the position in the bargaining unit and it should be part of the management group. Mayor Ledbetter read from his list of qualifi- cations. -5- Regular Council Meeting Minutes October 17, 1983 o o Police Dept.-Job Description for Assistant Chief (cont'd)- Vice Mayor Bennington asked if he was proposing this list as a job description for a Deputy or Assistant Police Chief and if he wanted to advertise \'/ith that job description. ~1ayor Ledbetter said yes. Councilman Spencer noted that they were presented with a job description in the package and he'd like to see the new job description to review prior to voting. Vice Mayor Bennington stated when she was at the Convention she had the job description with her and had other Chiefs review it and they agreed it was aood. She said she'd like to compare the Mayor's description before they decide which one they want and then advertise. Councilman Asting agreed. Mayor Ledbetter withdrew his motion. Councilman Wargo withdrew his second. Mayor Ledbetter moved to advertise for an Assistant or Deputy Police Chief with at least ten years law enforcement experience, two years as a supervisor, and be state certified. Vice Mayor Bennington suggested he include that his points he brought up be included in a job description to be reviewed by Council and then advertise. Mayor Ledbetter agreed that it would incorporate the points that he brou9ht up to be incorporated in a job description for review by the Council. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter moved to abolish the Lieutenant's position with the Edgewater Police Department. Councilman Wargo seconded the motion. Motion CARRIED 3-2. Councilmen Asting and Spencer voted NO. Councilman Asting stated he was voting no because he believed the position was needed in the chain of command but that it shouldn't be a part of the bargaining unit. Vice Mayor Bennington passed the gavel back to Mayor Ledbetter. Police Dept. - Recommendation re: Vehicles - City Clerk Kinsey read the October 10th memo from Police Chief Baugh who recommended Council go out for bid for one new auto- mobile. She noted that the State bids will not be out for six to eight weeks. Councilman Asting asked about the Dodge and City Clerk Kinsey noted that it was a 2-door car that couldn1t be used for patrol and that it was used for trips to Miami and Gaines- ville by City employees. Councilman Asting noted that it could be used by the detectives which would release another vehicle for patrol work. City Clerk Kinsey said the old car could be used for City trips. Councilwoman Bennington asked Chief Baugh how many cars they have now and Chief Baugh said there were 9, 6 marked and 3 unmarked plus one animal control van. Mayor Ledbetter asked how many were ready for junk and Chief Baugh said there were two. Mayor Ledbetter noted that he had received complaints about an unmarked car stopping people and Chief Baugh said only investigators would do that. Mayor Ledbetter asked Chief Baugh if his own car was marked and the Chief said it was not marked but he doesn't stop anyone unless it's an emergency. Mayor Ledbetter said he thought only detectives should use unmarked cars. Councilman Wargo said they need to buy a new Police car and he moved that they have the City Clerk advertise for a four-door car according to Police specifications. Councilman Wargo said that you can sometimes buy cheaper from manufacturers than on county bids. Mayor Ledbetter and Chief Baugh discussed some of the requirements for the car. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Mr. Charles Strong, Jr. - City Clerk Kinsey read the October 6 letter from Mr. Strong, Jr. which related to traffic and speeding in the alley between India Palm and Hibiscus. Mr. Strong was unable to attend the meeting. Volusia League of Municipalities re: Dinner Meeting - City Clerk Kinsey noted that the next dinner meeting would be on October 27th and asked which Council members planned to attend so that reservations could be made and a check drawn. Councilwoman Bennington noted that she would attend and other Council members indicated they would advise the City Clerk the following day if they would attend. Mr. Joe B. Nathan, Jr.,re: Friendship Force - City Clerk Kinsey read the October 7 letter from Mr. Nathan which requested greetings or small gifts for the mayors of the two cities in Colombia that the Friendship Force was going to visit. She said that Tropical Blossom Honey had agreed to donate two of the one pound containers of orange blossom honey in a plastic orange. Councilman Spencer said he felt it was very appropriate to accept the donation from Mr. McGuiness and Mayor Ledbetter said that a proclamation would be issued. -6- Regular Council Meeting Minutes October 17, 1983 o o ORDINANCES AND RESOLUTIONS Res. 83-R-70 Authorization of Agreement with Building Official - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LORIN E. COPPOCK, TO PERFORM FULL TIME TEMPORARY SERVICES AS A BUILDING OFFICIAL FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to accept Resolution 83-R-70. Councilman Asting seconded the motion. Councilman Spencer stated he objected to the 50% fee because it was an exorbitant amount based on the permits issued at this time, but he would vote favorably because they need a Building Official. City Clerk Kinsey pointed out three typographical errors so that Council could make the corrections on their copies of the resolution. Motion CARRIED 5-0. Res. 83-R-71 Declaration of Council's Intent to Vacate Utility and Drainage Easement, Lots 133-134, Wildwood Unit 3 - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE TEN (10) FEET OF UTILITY AND DRAINAGE EASEMENTS BETWEEN LOTS 132 and 133 OF WILDWOOD SUB- DIVISION, UNIT 3 AND TEN (10) FEET OF UTILITY AND DRAINAGE EASEMENTS BETWEEN LOTS 133 AND 134 OF WILDWOOD SUBDIVISION, UNIT 3; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wargo moved to accept it as presented. Councilman Spencer seconded the motion. Mrs. Cichewicz, 416 Wildwood Drive, asked how this would affect the other residents in Wildwood since they already had so many drainage problems. Mayor Ledbetter noted this is on the end of the street and wouldn1t affect them in any way. Mrs. Cichewicz asked if this house was going over the easement. Councilman Wargo said it's on private property not affecting other residents and they bought three lots and are using two and had asked that the easement be put down the center. He said it's an electric easement and no water was involved and it1s to the extreme south on Wildwood Drive. Motion CARRIED 5-0. Ord. 83-0-17 Vacating Utility & Drainage Easement, Lots 133-134, Wildwood Unit 3 - City Attorney Alvarez read this ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING TEN (10) FEET OF UTILITY AND DRAINAGE EASEMENTS BETWEEN LOTS 132 AND 133 AND LOTS 133 AND 134 RESPECTIVELY OF WILDWOOD SUBDIVISION, UNIT 3; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIOING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance. Councilwoman Bennington seconded the motion. Mrs. Cichewicz asked why the drainage was even listed on the ordinance if it wasn't involved and Councilman Wargo said all easements state that but the drainage was not affected there. Motion CARRIED 5-0. Ord. 83-0-18 New Refuse Rates Ordinance - City Attorney Alvarez read this Ordinance. AN ORDINANCE AMENDING SECTION 19-63 (a)(1),(2),(3),(4) AND (5) OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY PROVIDING FOR AN INCREASE IN THE RATE FOR THE COl.LECTION AND DISPOSAL OF GARBAGE AND TRASH FOR THE CITY OF EDGEWATER, FLORIDA; MAINTAINING THE EQUIP- MENT RESERVE FUND BY CHARGING ALL REFUSE ACCOUNTS IN THE CITY AN ADDITIONAL SURCHARGE OF FIFTY CENTS PER ACCOUNT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PRO~D~G FOR AN EFFECTIVE DATE. Councilman Asting said he understood that Section 1 would mean a maximum of three cans per pick up and not three cans per month and City Clerk Kinsey said that was right. Councilman Spencer moved to adopt Ordinance 83-0-18. Councilwoman Bennington seconded the motion. Councilman Wargo asked to amend it to be stated three cans per pick up. Councilwoman Bennington seconded and asked that anywhere they have a maximum of three cans insert per pick up after it. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Ord. 83-0-19 New Utility Ordinance, Water & Sewer, Includinq New Rates - City Clerk Kinsey said they'd have to withdraw this ordinance at this meeting because it had very compre- hensive changes in it. Councilwoman Bennington moved to TABLE this until the November 7th regular meeting. Councilman Wargo seconded the motion. Motion CARRIED 5-0. -7- Regular Council Meeting Minutes October 17, 1983 o o UNFINISHED BUSINESS Police Department Personnel Matters - Councilwoman Bennington suggested that Council consider hiring a consulting firm that specializes in law enforcement areas to come in and audit the Police Department to study the services now offered by the City and what services are needed in the areas of manpower, equipment, and various things like that. She said that based on the audit they would get a clear cut idea of where the deficiencies are and what the good points are and take appropriate action. She moved to check the prices for a consulting firm to come in and audit. Mayor Ledbetter asked if she had any idea of the cost and Councilwoman Bennington said she thought it would be about $2,500. but it would be according to what was involved, and the funds would come from the Police budget. Councilman Spencer stated he di dn I t feel i,t was necessary as Council was aware of the situation in that department, and that the Statels Attorney will investigate the various departments in the City. Councilman Asting said the members of Council were too close to the situation and it would be better to stand back and take a broad look and an analytical firm would do that. Councilwoman Bennington said she realized she's asking them to spend money but it was very minute compared to what they could be up against with lawsuits. Mr. Walter Gross said that New Smyrna Beach is doing that right now but it's expensive. Councilman Asting noted they could limit the scope when they see the bids. Councilman Wargo said he was aware the Police Department needs room and facilities and when he suggested the EVER room be changed he got nothing but static, and when they talked to Police personnel they heard nothing when they gave them that opportunity. He suggested the gentleman who volunteered to do that be contacted. Mayor Ledbetter noted that just because they get quotes doesn't mean they have to accept them. Councilman Wargo seconded the motion. Councilman Asting said no~ody on Council has professional Police knowledge and the firm would have that knowledge and expertise. Motion CARRIED 4-1. Councilman Spencer voted NO. Building Code Board re: Floor Elevations - Council was presented with a letter from Fred Vanzin, Secretary of the Building Code Board, requesting that floor elevations be changed to a minimum of twelve inches above the crown of the nearest paved road or sixteen inches above the crown of the nearest unpaved road from the present twenty and twenty-four inches, respectively, and that be for residential and commercial buildings. Councilman Asting noted that State Statutes mandate floor elevations be governed by drainage and they should comply with the State Statutes. Mayor Ledbetter noted that the road grader changes the floor elevations in Florida Shores every time it's used and he suggested this be tabled. Councilman Asting moved to TABLE until further notice or until they bring it up again. Councilman Wargo said held heard many complaints about property being too low and thought they should leave it like it is. Mayor Ledbetter noted the Health Department sets the elevation on some. Councilman Spencer said he was concerned that homes already built be protected from water runoff onto their property when homes are built higher than theirs. He suggested that an ordinance be drawn up to state the final grading of all new residences will control the storm water runoff on to adjacent property and the Building Official would be responsible for checking co~pliance before issuing the certificate of occupancy. Councilman Wargo seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Proposed Mobile Home Park - Mr. David McCallister - Mr. McCallister presented copies of site plans of Park Avenue Estates and Mango Tree Estates to Council to review. Council- man Spencer asked if these were the plans held seen in the Planning Department and Mr. McCallister said yes. Mr. McCallister noted that the retention pond allows more room than they were asked to provide, and that one comes off Park Avenue and one comes off Mango Tree Drive. Mr. McCallister said he had to come to Council for approval according to our Code. Councilman Spencer asked about the elevation and Mr. McCallister reviewed the culverts and retention pond areas. Councilwoman Bennington asked the width of the streets and Mr. McCallister said they would be 30 feet and ,the ordinance just calls for 18 feet. Councilman Wargo asked about lighting and Mr. McCallister said it would be underground utilities, but the lighting wasnlt determined because some of the trees would block the lighting and they may have to change that. Councilman Spencer asked if the City staff had reviewed these plans and City Clerk Kinsey said they'd reviewed the other plaffibut not this one and she1d talked with Terry Wadsworth about it. Councilman Asting said that Terry had told him he was satisfied with it. -8- Regular Council Meeting Minutes October 17, 1983 o o f Proposed Mobiie Home Park - Mr. David McCallister - (cont'd) Councilwoman Bennington said that according to the Code this comes to Council before he applies for his occu- pational license and is then submitted to the Building Official to see that it complies with all requirements. She asked Mr. McCallister about the topping on the road and Mr. McCallister said it would be coquina shell. Councilwoman Bennington asked if the mimumum lot size was 50 x 100. Mr. McCallister said that 3500 square feet was required and they would be 40 x 90 but some would be larger. Councilman Spencer noted this is in the flood plain area and Mr. McCallister said held given City Clerk Kinsey sheets 13, 36, and 55 and they used Vol usia County stormwater calculations and it would take care of the flood plain. City Clerk Kinsey asked if his engineer supplied this information and Mr. McCallister said yes, it was Bennett & Davis. Councilwoman Bennington asked where the overflow of the retention area would go and Mr. McCallister said the overflow would go into the channel on the South side, in front of the City barn. Councilman Wargo suggested turning this over to the Building Offical to follow the proper procedure and he so moved. Councilman Asting asked Mr. McCallister if this was his application for the park and Mr. McCallister said yes. Councilwoman Bennington seconded the motion. City Clerk Kinsey suggested that he fill out the formal application for his occupational license before he returns. Councilman Spencer said his main concern was that it complies to the Cityls flood plain ordinance. Motion CARRIED 5-0. Menard Park 1981 Delinquent Taxes - City Clerk Kinsey noted that there was an outstanding tax bill for 1981 in the amount of $752.11 that needed to be paid 'before October 31st before it changes. Councilman Wargo moved to pay the bill. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned at 10:40 P.M. Lura Sue Koser ~(/~~ M OR ~-/ -r ~ Minutes submitted by: COUNC OMAN - ZONE TWO COUN2'f~t~E COUNCI~~ - ~-e() / T ATT~_ . C~,-/~:_/ CITY "CLERK ". Approved ~hjS~day of ~_ ' ;,1983. ij}gjtliL--- ~~ -9- Regular Council Meeting Minutes October 17, 1983