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11-07-1983 - Regular ~ u CITY COUNCIL OF EDGEWATER PUBLIC HEARING & REGULAR MEETING NOVEMBER 7,1983 MINUTES Mayor David Ledbetter called the Public Hearing on the Proposed Use of Federal Revenue Sharing Funds to order at 6:32 PM in the Community Center. ROLL CALL Mayor David Ledbetter Present Councilman Melbourne Wargo Present Councilwoman Gigi Bennington Present Councilman Neil Asting Arrived Later Mayor Ledbetter opened the Public Hearing. Councilman Jack Spencer City Attorney Jose'Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present Present Mr. Frank Opal, Florida Shores, suggested some of the money should be used for a new amplifier system that works and the remainder used for streets that need paved or sealed. Councilwoman Bennington said she agreed they need a new PA system and the audit for the Police Department could come out of that fund. She noted that Parks and Recreation had requested $2,500. for Christmas decorations also. Mrs. Karen Rickelman of the Finance Department submitted a list of requests from the department heads. Councilman Asting arrived at this time, 6:37 PM. Mrs. Rickelman read the requests from the Street Department for re-roofing, a used roller, and the grader, for a total of $70,000. for that department. She said that the Police Department requested $1,800. for a video camera to be used for OWl cases, office equip- ment for expansion of $1,000., uniform replacement of $2,000., used vehicle to replace the Nova of $3,000., other miscellaneous equipment of $3,000. and a base station to be re-appropriated at $2,500., for a total for that department of $13,300. She said that Rescue requested $1,700. for walkie-talkies, $1,200. for four pages and chargers, training equipment with slide projector of $683., a screen for $125., a skeleton for $55., and anatomy charts for $260., for a total for that department of $4,023. She said that Fire Department requested $5,600. for 14 Scott air packs. She noted that these requests totalled $92,923. with a total anticipated new money and carryover and interest earned this previous year for Federal Revenue Sharing to be $125,030, for a balance of $32,107. to be appropriated. Mr. John Wilkinson asked if the Recreation Department put any requests in and Mrs. Rickelman said they did not. Mr. Wilkinson suggested improved maintenance and recreation facilities be included. Councilman Wargo said they need more room for the Police Department and EVER and those areas would need refurbished and he felt that should be a priority over buying the base station or anything else. Mayor Ledbetter noted that anything proposed that night would still have to come before Council for approval before purchasing is done. Councilman Spencer said he felt the $3,000. for other equipment was too vague and asked Police Chief Baugh what was included in that category. Chief Baugh said it was for a scrambler for the emergency frequency and they run from $300. to $500. per unit. Mayor Ledbetter stated he did not feel a scrambler was necessary since they only have one frequency. Councilman Spencer asked if the Street Department needs a backhoe and City Clerk Kinsey said they had considered $25,000. for a used grader and trade in the old one and then use $45,000. for a new backhoe, plus he still needs a replacement tractor for $9,000. Councilman Spencer noted that with a new roller they could do some paving on a small scale and he suggested they take the overage from the $32,107. unappropriated. He said held like to see the $2,500. used for Christmas decorations and the balance to be applied for addititonal paving or resurf~cing of streets. ~ Q Councilman Wargo added that re-roofing of the Library would be necessary and Mr. Earl Copeland, Superintendent of Public Works, said there was a verbal estimate of about $3,200. which would include the overhang also. Mayor Ledbetter suggested leaving ,the unappropriated, to be used for emergencies. Councilman Spencer noted that the amount received could be a little higher as this was just an estimate. Councilman Asting agreed to leave the balance as a cushion. Mayor ~edbetter asked if the amount was confirmed and Mrs. Rickelman said it's an estimate. Councilman Spencer moved that the City Clerk prepare a budget for the appropriate hearing in accord ance with Council wishes as stated previously, with a balance of about $10,000. that is unappropriated. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adjourn the Public Hearing. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor David Ledbetter called the Regular Meeting 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. PUBLIC HEARINGS - SECOND AND FINAL READINGS Ord. 83-0-16 - Florida Power & Light Franchise.- Mayor David Ledbetter opened the Public Hearing. City Attorney Alvarez read this Ordinance. AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PRO- VISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF EDGEWATER, CONTAINING A SEVERABILITY CLAUSE, A REPEALER PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Robert H. Christy, 1916 Evergreen Drive,: asked if Florida Power and Light takes out their occupational license fees before they pay the City, and said they should pay for their license first and then let the payments come to the City and suggested the auditors look into this. Councilman Spencer noted that this method of payment is what vias in existence with the previous franchise and there's no change. Councilman Spencer moved that Council approve Ordinance 83-0-16. Councilmen Wargo and Asting seconded the motion simultaneously. Motion CARRIED 5-0. Ord. 83-0-17 Vacating Easements in Wildwood Subdivision - 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; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter noted that this is just trading easements and not vacating and he asked for public input. There were no comments from the audience. Councilman Wargo moved to adopt this Ordinance. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. There was some confusion as to who had submitted the motion and second so another roll call was done and the motion again CARRIED 5-0. Ord. 83-0-18 Refuse Rates Increases - 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 COLLECTION AND DIS- POSAL OF GARBAGE AND TRASH FOR THE CITY OF EDGEWATER, FLORIDA; MAINTAINING THE EQUIPMENT RESERVE FUND BY CHARGI~!BALL 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 PROVIDING AN EFFECTIVE DATE. L Mr. Frank Roe, Juniper Drive, asked if the 50~ was established last year and City Clerk Kinsey said it was two years ago and it was a separate fund. He said that a lot of senior citizens put out one small bag for garbage and suggested people pay by the amount put out for pickup. He said the residents are getting upset about increases and that's why Proposition I is being considered. -2- Regular Council Meeting Minutes November 7, 1983 Q Q Ord. 83-0-18 Refuse Rates Increases (continued) - Mayor Ledbetter said the prices for small or large amounts are the same because the trucks still have to be run. Councilman Spencer said in workshops they had considered alternate means of collecting garbage and had discussed collection once a week and changing routes and requiring garbage in plastic bags rather than in cans. Mr. Walter Gross, 909 Lake Avenue, said there are about 500 more homes now compared to last year and he understood that with more people, they would pay less instead of an increase. He asked Mayor Ledbetter why the cost for garbage was going up and Mayor Ledbetter said he understood the County's going to increase the dumping fees. Mr. Gross said they should wait until they raise the dumping fees to increase the rates. Mr. Gross asked Mr. Copeland if there were any more men on the garbage trucks than last year, and Mr. Copeland said no. Councilman Wargo said held looked at the garbage truck they take to the landfill and the trailer is in very bad shape and will have to be replaced soon. He noted that they need at least two trailers to do the job. He said they were operating about $12,000. in the red and they have to do something to make up the deficit. Mr. Gross noted that the $36,000. was collecting interest and that was for a new truck. Mr. Copeland said the trailer was $38,000. three years ago. Councilwoman Bennington noted in response to Mr. Roe's comments that there is a maximum number of cans to be picked up and there's an additional charge if it goes over that. Mr. Robert H. Christy, .1916 Evergreen Drive, asked if Council had considered adding $1.00 per thousand on building permits to pay for a new truck by the new people coming into the area. Mr. John Gross asked Mr. Christy why new people,coming into the area would pay for garbage that they never had and Mr. Christy said people living here already should not have to pay an extra burden. Councilwoman Bennington moved to adopt Ordinance 83-0-18. Councilman Spencer seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting of October 6, 1983 - Councilman Asting moved to adopt these minutes. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Regular Meeting of October 17, 1983 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Special Meeting of October 18, 1983 - Councilman Asting moved to adopt these minutes. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Special Meeting of October 25, 1983 - Councilman Spencer moved to adopt the minutes of the October 25th meeting. Councilman Wargo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS City Clerk Kinsey said she had an addition and a correction to the bills and the first was the bill from Lorin Coppock for the month of September amounting to $1,099.67 and also his bill submitted for October was added wrong and should be $6,668.44. Councilwoman Bennington moved to pay the bills. Councilman Wargo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. John Wharton asked about a $47,000. payment shown in the sinking fund in August and said it shouldn't have been paid until September. Mrs. Rickelman said the interest on the A & B bonds is paid in August and the Farmers Home Administration is paid in September. Mayor Ledbetter noted that the funds don't come out of the monthly bills and accounts and Mr. Wharton said when it comes for payment it should come up to Council. Mr. Wharton also noted that the money in the sinking fund is listed in investments but it shouldn't be there,. but could be in C. D; IS. He said if the money was lost in investments, the propery owners would have to make good on it. -3- Regular Council Meeting Minutes November 7, 1983 o o Miscellaneous (continued) Mr. Walter Gross, 909 Lake Avenue, said a Council member is selling stocks in the C.D.C. and asked how much stock has to be sold for such a small amount of land that's zoned industrial in this City. He said the Chairman of the Industrial Development Board and the FEC own most industrial land here. He asked that Council look into this selling of stocks. Mayor Ledbetter said he's not responsible for what a fellow Council member does on his own time. Mr. John Siburn, Connecticut Avenue, spoke on the violation at Tiffany Terrace and said the Building Official should have checked this when he inspected the building. He said the owners should be given a citation on the violation. Mrs. Helen Siburn, Connecticut Avenue, said she'd talked with the Chief and the people were notified of the violation and it was supposed to be corrected. Mayor Ledbetter said the Building Official could look at it. Mrs. Siburn said it appeared as if they'd used up every inch of the property, plus the variance. Ms. Carol Tanguay read a letter from The Chemical People. She asked that Council name two members of Council to serve on the Chemical People Task Force, and also requested the use of loudspeakers on Tuesday and Wednesday, the 9th and 10th of November, between the hours of 9AM to 5PM to request people to attend a meeting on Wednesday night. Councilman Asting moved to grant the permission. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter asked for volunteers to serve on the Task Force and Councilwoman Bennington volunteered to serve. Mr. John Gross said that he's subscribed to CDC stock but it isn't sold until by-laws are set and promulgated. He said he thought CDC was throughout the county and not just the City. Councilman Spencer noted that it's New Smyrna Beach, Edgewater, and Oak Hill. Mr. Frank Opal asked to read a letter from the Planning Commission that was too late to be listed on the agenda. Councilwoman Bennington said the letter was too late for the agenda and it comes direct from the Planning Commission and should not come under audience miscellaneous. She moved that it be put on the next agenda since it was received too late. Councilman Asting seconded the motion. Mr. Opal said they just had the meeting on Wednesday night. Councilman Asting asked Mr. Coppock if he'd taken any action on this matter and Mr. Coppock said he had. Councilman Asting asked Mr. Coppock if he'd stopped construction and Mr. Coppock nodded to indicate he had not. Motion CARRIED 5-0. Mr. Opal said it would not be needed by the next meeting. COUNCIL REPORTS Councilwoman Bennington noted that at the FLOC Convention she was told that they had to file financial disclosure statements by July 15th of each year with the Supervisor of Elections and she would notify everyone of this. She said this took effect on October 1st of this year. She also noted that the Ethics Commission gives a grace period for those who do not fill out the disclosures. Councilman Asting said there are 21 establishments selling alcoholic beverages in the City and this averages one per one-quarter mile. He noted that the current request would be the 22nd and it's in the same building that already has a business that sells alcoholic beverages. He said the licenses are issued by the State with no coordination with the municipalities where the business is to be located. He noted that everyone is concerned about people driving under the influence but the licenses are issued without regard for this. He said he sees a need for control over such establishments in the City and he moved that the City Clerk prepare a communication to the State Department for Alcoholic Beverages and Tobacco, requesting that they coordinate the issuing of any future alcoholic licenses for Edgewater with the City Council and that the Mayor sign this on behalf of the City Council, to be sent also to the Governor, State Director of Public Safety, and our State Legislative representatives. Councilwoman Bennington seconded the motion. Councilman Spencer asked when this would take effect and Councilman Asting said he wanted any future licenses to be coordinated with the City Council. Motion CARRIED 5-0. Councilman Spencer asked that the City Clerk prepare a list of all the projects dis- cussed with department heads and those he and other Council members indicated they wanted considered and establish a priority and have this prepared for a workshop in the near future. Mayor Ledbetter agreed that this would be done. -4- Regular Council Meeting Minutes November 7, 1983 ~ o CITY ATTORNEY REPORTS - City Attorney Alvarez said held reviewed the complaint served on the City last week and the insurance company had settled out of court and is now asking retribution based on the allegations that the traffic sign was improperly located. He said he'd need authorization to file the pleas on behalf of the City. City Clerk Kinsey noted that a copy had been sent to Caton Insurance. Councilman Spencer moved the Council authorize the City Attorney to follow up and respond. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez said there's a pending matter with John Gross and Mr. Gross has a plot showing the portion of the road that he wishes the Council to vacate, if the City owns it. He suggested Council schedule a presentation by Mr. Gross on this subject and they'd need input from Public Works, Utilities, and the Police if they decide to vacate. He said the adjoining property owners are affected also. Councilman Wargo moved that they authorize the City Attorney to follow the necessary procedures. City Attorney Alvarez noted that the City Clerk needs to receive input from the various depart- ments and Mr. Gross needs to make a formal written request, plus the adjoining property owners, to vacate the old paper road. Councilwoman Bennington seconded the motion. Mayor Ledbetter said this would be on the agenda for the meeting of November 21st. Motion CARRIED 5-0. CITY CLERK REPORTS - City Clerk Kinsey read the recommendations from the Federal Revenue Sharing Use Hearing and said they'll need a motion to authorize the Attorney to draw up an ordinance. She read the totals of $89,000. for the Street Department; $13,300. for the Police Department; $4,023. for Rescue; $5,600. for Fire; and $2,500. for Parks and Recreation, for a total appropriated of $114,423., unappropriated of $10,607. and a grand total of $125,030. Councilman Asting moved that the City Attorney be authorized to draw up an ordinance. Councilman Spencer seconded the motion. Councilman Wargo said he thought some items were going to be taken out, such as $1,800. for the video camera, $3,000. for other equipment, $2,500. for the base station, and he questioned the $1,700. for the walkie-talkies for Rescue. Mayor Ledbetter noted that the repair to the Scott air packs was for repairing what they now have. Mr. George Kennedy, Fire Chief, said it's to update them and not for repair. Mrs. Frances 01ds, 122 East Marion, President of EVER, said they're requesting a 6 or 8 channel scan and not just walkie-talkies so they could talk to New Smyrna Beach and the deputies. She said they needed more porta-paks also which could be used in civil defense emergencies. Councilman Spencer said there was a motion and a second to approve as is and perhaps they should go over the items one by one. Councilman Wargo asked to amend the motion to exclude those items, the video camera, walkie-talkies, base station and other equip- ment. Councilman Spencer said he would agree to exclude other equipment but he felt they need the other three. Councilman Wargo said the base station would be about $6,500. when they change the crystals in the other departments and they already have a breatho- lizer and one of the new patrolmen is an expert on breatholizers for OWl's so they don't need the video camera. Councilman Wargo noted that they keep getting complaints about no space for the Police to work in and he felt they needed to get their priorities in line. Councilman Asting suggested calling a roll on each of these items. Amendment DIED for lack of second. Original motion to authorizate~ the Attorney to draw up an ordinance with the figures quoted by City Clerk Kinsey DID NOT CARRY 2-3. Mayor Ledbetter, Councilman Wargo and Councilwoman Bennington voted NO. Councilman Spencer moved that the City Council approve the Federal Revenue Sharing Budget with the exclusion of the four items that Councilman Wargo mentioned. Motion CARRIED 5-0. Councilman Spencer moved that Council add to that list the video camera for $1,800. Motion DIED for lack of second. Councilman Spencer moved that the base station for $2,500. be added. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. Councilman Spencer moved that the other equipment for $3,000. in the Police Department be added to the Federal Revenue Sharing Budget. Councilman Wargo called a point of order as they excluded the four items in the motion and there was not a motion to reconsider it. Councilman Spencer said it was his intent to have a vote on the uncontested items first and then the other four items individually. Mayor Ledbetter supported Councilman Spencer's procedure. Councilman Asting asked Chief Baugh if the other equip- ment is necessary for the base station and Chief Baugh said no. Motion DIED for lack of second. -5- Regular Council Meeting Minutes November 7, 1983 Q '-> Councilman Spencer moved that the walkie-talkies for EVER be added to the Federal Revenue Sharing Budget for $1,700. Councilman Asting seconded the motion. Motion DID NOT CARRY 2-3. Mayor Ledbetter, Councilman Wargo, and Councilwoman Bennington voted NO. Mayor Ledbetter noted that only the base station was to be added. Councilman Asting moved to recess for five minutes. Councilman Spencer seconded the motion. Meeting was recessed at 8:38 PM. Meeting returned to order at 8:50 PM. City Clerk Kinsey said she needed a motion to authorize the City Attorney to draw up an ordinance on Federal Revenue Sharing with the following figures: $89,000. for Street; $8,500. for Police; $2,323. for Rescue; $5,600. for Fire, and $2,500. for Parks and Recreation for a total of $107,923. Councilwoman Bennington made that motion. Councilman Asting seconded the motion. Councilman Spencer asked if that list included the base station and City Clerk Kinsey said that it did. Motion CARRIED 5-0. City Clerk Kinsey said there are five vehicles in the City barn that are of no use and the City needs to go out for bids for salvage and she asked for a motion to do this. She listed the makes and years of the vehicles. Councilman Wargo moved to grant the authorization. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said the insurance company had indicated they could renew the group insurance on December 1st and she felt pleased with the rates and their service. She said the rates have gone up but it's based against experience and she recommended that Council renew with Banker's Life. Councilman Spencer moved that Council authorize the extension of this contract for another year and requested that this type of insurance be reviewed in 6 or 8 months prior to the time of its expiration. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey noted that the City will hold its annual bicycle auction on November 18th at 2:00PM at the City barn. City Clerk Kinsey said that at the workshops the Council had discussed a desire to seek proposals on consulting engineering firms and asked their wishes on this. Councilwoman Bennington moved to seek the proposals. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter said he received a request from REACT to have their Christmas party in the Commumty'Genter.with a waiver of the $25.00 fee for two hours and the $15.00 security deposit. Councilman Wargo moved to grant the request and asked that they have a clean up crew to clean it aften~ard. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Fire Department - List of New Officers - City Clerk Kinsey read the October 30th memo from the Fire Department which listed its new officers for the 1983-84 year. Councilman Asting moved to approve the appointment of these people to the office to which they were elected. Councilman Wargo seconded the motion. Councilwoman Bennington noted that the Operations section was the volunteers and the Executive was the Corporation. Councilman Asting asked the parties that were present in the audience to please stand up and be recognized and they did so. Motion CARRIED 5-0. Police Department - Proposed Job Description, Assistant or Deputy Chief - Councilman Spencer said he'd reviewed the proposal submitted by Mayor Ledbetter and he felt it had some good points and some that were not compatible with other job descriptions and they need to be combined. He noted that a requirement to reside in the City limits was not on other employees I job descriptions. He moved that they make one more attempt and consider both for compatibility. Councilman Asting said that due to the nature of the position, he felt the Police Chief should reside in the City. Councilman Spencer said they don't require that and Councilman Asting said he felt it should be amended to include it. Councilman Spencer asked the City Attorney if they could legally require that from an individual and City Attorney Alvarez said he has seen it required in the past in municipalities. Mayor Ledbetter said they could grant the man time to move to the City if there were extenuating circumstances. Councilman Asting questioned the section that stated he would "plan, organize and direct all activities of the department" as he felt that \~as the duty of the Chi ef. Counci lman Spencer moved the City Cl erk shoul d redraft a job description taking into consideration the items suggested by Councilman Asting and the compatibility to the Police Chief's. He suggested changing probation from 6 months to 90 days. Councilman Asting seconded the motion. Motion CARRIED 3-2. Council- man Wargo and Councilwoman Bennington voted NO. Councilwoman Bennington said it should conform to other job descriptions. City Clerk Kinsey said she'd bring it back Nov. 21st. -6- Regular Council Meeting Minutes November 7, 1983 Q ~ Utilities Department - Request for Repair to Ditch Witch - City Clerk Kinsey noted that the total price for the repair is $1,424.30 and this vendor is a sole source of supply for the items requested but it1s over $1,000. and needs Council approval. Councilman Wargo moved to grant the request. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Board Vacancies _ Councilman Asting said they have a vacancy on the Merit Board and he nominated Walter Gross. Councilwoman Bennington seconded the nomination. Councilman Spencer nominated William Sylvia. Councilman Wargo nominated William Muller. Roll call on Walter Gross was 3-2. Councilmen Spencer and Wargo voted NO. Councilman Wargo nominated William Muller for the Board of Adjustments. Councilwoman Bennington nominated Harry Rimes but he declined the nominationl Nomination of William Muller DIED for lack of second. Councilman Spencer stated that they had discussed the possibility of combining the Zoning and Planning Boards and he moved to bring the discussion off the table. Councilwoman Bennington seconded for discussion. Councilman Wargo noted that they are under board appointments on the agenda and not combinations. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilman Spencer said he thought the City would be better served by a combination of the two boards but he would not want to eliminate any current member of the two boards. He proposed combining the two boards into a single Planning & Zoning Commission with the nine active members and two alternates with the two alternates to be either the alternates as elected or the junior members. He said then by attrition it would get down to a total of 7 members when some of the terms expired. He moved that the Council instruct the City Attorney to draft the proper ordinance to combine the Planning and Zoning Commissions. Councilwoman Bennington seconded for discussion. Councilman Wargo noted they received a communication from the Zoning Commission asking that it be left separate and he felt their request should be considered and it shouldn't be combined. Councilwoman Bennington said she1d heard several reasons as to why the Zoning Commission didn't want combined. There was a discussion as to a workable number for the combined boards. Councilwoman Bennington said they wouldn't be able to fill any vacancies until they get to seven members. Councilman Asting suggested they change their by-laws to require three at meetings for a quorum. Councilwoman Bennington said if they're not combining them they have to make an appointment to the Zoning Commission and if they1re going to combine, they need to decide how to combine. Councilman Asting asked Councilman Spencer to consider in the motion that two of the members would be alternates. Councilman Spencer said that would bea qualifkation and no member would be eliminated.. City Attorney Alvarez said the ordinance which created the two separate boards leaves a lot to be desir~i and he questioned the affirmative vote of four members to pass an ordinance and said he would like to look into the entire thing. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. Mr. Robert H. Christy, 1916 Evergreen Drive, called a point of information, and read from the State Statutes regarding a unanimous vote being required to abolish a board. Councilwoman Bennington noted that they would be combining a board and not abolishing it. Councilwoman Bennington asked Mr. David McCallister if he would serve on the Board of Adjustments but Mr. McCallister declined as he didn't feel he had the time required. Mayor Ledbetter asked Mrs. Carlson if she would serve and Mrs. Carlson said she didn't feel she was qualified. Councilwoman Bennington moved to TABLE the rest until the next meeting. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Planning Commission - Tree Removal Permit Fee - City Clerk Kinsey read the October 20th letter from the Planning Commission which recommended a fee of $25.00 be charged for issuing a tree removal permit in compliance with the tree preservation and protection ordinance. Mayor Ledbetter and Councilman Asting stated their opposition to this fee. Councilman Spencer said this applies to new site plans that are required to be brought before the Planning Commission. Councilman Asting asked Mr. Don Bennington, Chairman of the Planning Commission to review this with Council. -7- Regular Council Meeting Minutes November 7, 1983 o o Planning Commission - Tree Removal Permit Fee (cont'd)- Mr. Don Bennington said they requested this fee due to the two inspections needed by the Building Official plus the time of the secretary to do the paperwork. He said it only applies to a site plan that comes before the Planning Commission. Councilwoman Bennington clarified this is not for individual trees but per site. Mr. Bennington said no single family dwelling is required to have a permit. Councilwoman Bennington noted that if they're expanding an existing business or project that has to come before the Planning Commission it would need approval. Councilwoman Bennington moved that they accept the Planning Commission's recommendation for a $25.00 fee with the stipulation that it only applies for site plans that require approval and is not meant for individual trees. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. . Planning Commission - R-4 Multi-Family District, Section 603;01 - City Clerk Kinsey read the October 7th memo from the Planning Commission which requested a change in minimum yard requirements and lot requirements (Townhouse Developments). Councilwoman Bennington moved that they accept the Planning Commission's recommendation and authorize the City Attorney to put it in an ordinance. Councilman Spencer seconded for discussion. Councilman Wargo asked if this affects square footage in single family and Councilwoman Bennington said not at all. Councilman Spencer asked Mr. Bennington about the duplex requirements for 30 feet and if a single family dwelling is built in that same R-4 district could it be 30 feet. Mr. Bennington said all R-4 except duplexes was 40 feet and they thought they were changing them all. He said a duplex requires two parking spaces and with a buffer they can't do it in 30 feet. He also noted that they are very restrictive of townhouses. Motion CARRIED 5-0. Zoning Commission - Garage Sale Permits - City Clerk Kinsey read the October 27th letter from the Zoning Commission regarding garage sale permits. The letter had an attached proposed ordinance. Councilwoman Bennington said they already have two a year and she would like to change it to four with three consecutive days and charge $1.00 per day. Councilman Spencer said he thought it should be two per resident per year with the hours that were recommended from 8AM to 5PM and the signs to advertise be only allowed on that person1s premises that is having the sale. He said he disagreed with the $2.00 charge for a permit fee. Councilwoman Bennington noted that's what they already have. Councilman Spencer said they need an ordinance to prevent misuse and he moved that the recommendation from the Zoning Commission be accepted and that the ordinance be modified accordingly with the exception that no fee be charged. Councilman Asting seconded the motion. Motion DID NOT CARRY 2-3. Mayor Ledbetter, Councilman Wargo, and Councilwoman Bennington voted NO. Zoning Commission - Request for Appointment of Alternate Member - This item was reviewed under Board Vacancies. See page 7 of these minutes. Zoning Commission - Rezoning Request from MH-l to MH-2, Carol Ann Drive - City Clerk Kinsey read the October 27th letter from the Zoning Commission which asked for a decision by Council on this request as it didn't meet the Code requirements of MH-2 zoning. Mr. Bill Porter had requested this rezoning so that he could sell these lots instead of renting. Councilman Asting asked Mr. Porter if that portion of Carol Ann Drive is in the City limits. Mr. Bill Porter said it is and that this area is bordered on three sides by MH zoning and the front is Industrial. He said held owned the property about 10 years and everything around there is mobile homes. Mayor Ledbetter said they didn't want to set a precedent on these lots. and recommended that Council send it to the Planning Commission to make a decision. Mr. Porter noted that held been at the Zoning and Planning Commission meetings. Councilman Wargo said this property is adjacent to lJildwood and he didn1t think this would cause a problem. Mr. Porter said held considered asked for Industrial zoning to extend back there. Mr. Don Bennington, Planning Chairman, said he is MHl with a minimum size requirement of 5 acres and he doesn't have that, so if he develops it, he'll have to go to the Board of Adjustments. Councilman Spencer asked Terry Wadsworth, Utilities Superintendent, if there's water and sewer on Carol Ann Drive and Mr. Wadsworth said there is not. CouncilwomanBennington said the Zoning Commission didn1t recommend anything to them and they're the ones who should make the recommendation. -8- Regular Council Meeting Minutes November 7, 1983 (.) o Zoning Commission - Rezoning Request fromMH-l to MH-2, Carol_~nn Drive (cont'd)- Councilman Wargo moved that they notify the abutting property owners and have a public hearing to rezone it. City Attorney Alvarez noted they are not receiving the proper recommendation from the Board as the procedure lays out. Mr. Porter said if he went under the mini-subdivision requirements it would expedite things considerabley. City Attorney Alvarez said the variance is granted by the Board of Adjustments which is created by State Statutes and that's if the property is rezoned. He said hey need a recommendation to rezone or not to rezone and the language in the Code is mandatory. Councilwoman Bennington read from the minutes of the Zoning Commission meeting where this was discussed. City Attorney Alvarez suggested they require the Zoning Commission to have a meeting on this and make a recommendation. Councilman Asting suggested the City Clerk write a letter to ask for their recommendation. City Attorney Alvarez said the Council should consider the Zoning and Planning Board recommen- dations on proposed zoning amendments. Councilman Wargo withdrew his motion. Councilman Wargo moved that they proceed to the proper. boards and upon their recommen- dation, they'll go from there. Councilman Asting seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Donald C. Jacobsen Request for Special Meeting re: Jurgeson Property - City Clerk Kinsey read the October 24th letter from Attorney Jacobsen requesting a special meeting to discuss the Jurgeson property on Riverside Drive. Councilman Spencer asked the City Attorney about their meeting with the attorney regarding a legal question involved. City Attorney Alvarez said this is a situation similar to Alvarez Lane and legal title is involved. Councilman Spencer asked if Council should meet with them or if it's something a judge needs to decide. City Attorney Alvarez said when he met with Attorney Jacobsen it was brought to his attention that two former city attorneys had ruled on this matter and he discussed this with one of them and understood from him that the City has title to it and it was dedicated for purposes of a park. He said if the matter goes to court it would be a simple process. Mr. Robert H. Christy., 1916 Evergreen Drive, said he did complete research on this and spoke to various attorneys on this. City Attorney Alvarez said an opinion was issued by a former City Attorney and it stands until a judge tells him differently. Councilman Wargo moved to turn this over to the City Attorney to take appropriate action. Council- man Asting seconded the motion. Motion CARRIED 5-0. Aime G. Morin - Request for Travel Trailer Permit - City Clerk Kinsey read the October 13th letter requesting permission to live in a travel trailer for six weeks maximum while constructing a residence at Travelers and 27th. Councilman Asting noted that Council had done this before and moved that they grant it for the time indicated in the letter. Councilman Spencer seconded the motion and said held talked to abutting home owners and they were agreeable to it. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilwoman Bennington moved to recess. Councilman Spencer seconded the motion. Meeting was recessed at 10:52PM. Meeting returned to order at lO:57PM. ORDINANCES AND RESOLUTIONS Ord. 83-0-19 Utility Ordinance, Water & Sewer, Incl. New Rates - City Attorney Alvarez read this Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND REINACTING CHAPTER 19 OF THE EDGEWATER CODE OF ORDINANCES SECTIONS 19-1 THROUGH 19-45 AS FOLLOWS: IIARTICLE I GENERAL II REQUIRING .n. UTILITY DEPOSIT AND SERVICE CHARGE FOR WATER AND SEWER CONNECTIONS, PROHIBITING UNLAWFUL CONNECTIONS, REQUIRING MAINTENANCE OF PLUMBING SYSTEMS BY OWNER, NO FREE SERVICE: IIARTICLE II WATERII PROVIDING FOR DEFINITION AND COMPUTATION OF EQUIVALENT LIVING UNITS, REQUIRING METERS AND CONN- ECTIONS TO WATER SYSTEMS, RE-ESTABLISHING A CONNECTION CHARGE PAYMENT, A SERVICE CHARGE AND INCREASING MINIMUM METER RATES, RE-ESTABLISHING MULTIPLE MINIMUM CHARGES, PROVIDING FOR ANNUAL REVIEWS OF METERED RATES AND POSSIBLE ACTION BY THE CITY COUNCIL, RE-ESTAB- LISHING A SERVICE CHARGE FOR EXTRAORDINARY SERVICE CALLS, PROVIDING SPECIAL PROVISIONS FOR IRRIGATION AND POOLS, TEMPORARY METERING, RE-ESTABLISHING FIRE HYDRANT RENTAL FEES, PROVIDING FOR AND REGULATING UTILITY SERVICES OUTSIDE THE CITY, PROHIBITING UNAUTHORIZED USES AND CONNECTIONS, REGULATING BUILDING HEIGHT AND WATER PRESSURE, PROHIBITING CROSS CONNECTIONS, PROVIDING FOR CITY'S RIGHT OF REFUSAL AND PENALTIES FOR VIOLATIONS: -9- Regular Council Meeting Minutes November 7, 1983 Q o . . . Ord.83-0-19 Utility Ordinance, Water & Sewer, IncLNewRates (cont'd) "ARTICLE III SEWERS" PROVIDING FOR DEFINITION AND COMPUTATION OF EQUIVALENT LIVING UNITS, REQUIRING CONNECTIONS TO SEWER SYSTEM, PROHIBITING UNAUTHORIZED CONNECTIONS, RE-ESTABLISHING A CONNECTION CHARGE, BILLING, MONTHLY SCHEDULE, PROHIBITING DISPOSAL OF CERTAIN SUBSTANCES, PROHIBITING OBSTRUCTION OF FLOW, PROVIDING PENALTIES FOR VIOLATIONS: "ARTICLE IV IMPACT FEES FOR. MUNICIPAL WATER SUPPLY AND WASTEWATER FACILITIES EXTENSION" PROVIDING FOR DEFINITION, PURPOSE AND METHOD OF FINANCE, RE-ESTABLISHING AND INCREASING AN IMPACT FEE AND SCHEDULE, IMPOSITION OF THE FEE AND METHOD OF PAYMENTS, PROVIDING FOR YEARLY REVIEW AND POSSIBLE ACTION BY THE CITY COUNCIL, PROVIDING FOR USE OF PROCEEDS, ESTABLISHMENT OF TRUST FUNDS AND PENALTIES FOR VIOLATIONS, PROVIDING FOR ADVERTISEMENT FOR THIS ORDINANCE AS REQUIRED BY LAW, CONTAINING REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that the Council adopt Ordinance 83-0-19 and hold a public hearing and second reading as required. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Ord. 83-0-20 Amending Ord. 79-0~26Public Sites. and Open Spaces - City Attorney Alvarez said this is a proposed ordinance and he would like to hold first reading at the next regular meeting or at a Special Meeting before that and said they could combine the pending ordinances on one meeting. Res. 83-R-72 Authorization for Insurance Agreements - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DIRECTING THE APPROPRIATE OFFICIALS TO EXECUTE THE ATTACHED INSURANCE AGREEMENTS WITH TOWN & COUNTRY INSURANCE AGENCY, INC., RENEWABLE ON A YEARLY BASIS FOR A MAXIMUM OF 3 YEARS; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer asked if the umbrella policy was part of this package and City Attorney Alvarex said the umbrella policy is being inquired into now. Councilman Asting moved to adopt Resolution 83-R-72. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Res. 83-R-73 - Authorization to Accept Professional Plant Operations, Inc. Agreement - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DIRECTING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT FOR WATER PLANT MANAGEMENT SERVICE AND ATTACHED LETTER OF UNDER- STANDING, DATED NOVEMBER 4, 1983, WITH PROFESSIONAL PLANT OPERATIONS, INC., A FLORIDA CORPORATION; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that the Council adopt Resolution 83-R-73. Councilman Asting seconded the motion. Mr. Terry Wadsworth, Utilities Super- intendent, said they are awaiting information frpm Briley, Wild on liability and safety and it should be there the next day but he asked if that could be a stipulation for acceptance. Councilman Spencer amended his motion to be subject to the satisfactory receipt of liability coverage on the part of the contractor. Councilman Asting seconded the amendment. Councilman Wargo questioned a section on page 3 of the agreement which regarded out of pocket expenses. Councilman Spencer noted that the letter states it's $415. a week lump sum and there are no additional charges. Mayor Ledbetter said held agree to this if it doesn't go over the $415. a week. Councilman Wargo questioned page 2, compensation and services, and Mr. Wadsworth said that's a blanket policy and the letter lists explicitly what the charges are and it's $415. a week and no mileage or anything else. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. UNFINISHED BUSINESS Mobile Home Park Occupational License - Mr. David McCallister - City Clerk Kinsey read the letter from the Building Official regarding this park in which he recommended the occupational license be approved. Councilman Asting moved that they grant the occu- pational license to Mr. McCallister for the trailer park. Councilwoman Bennington seconded for discussion. Councilman Spencer questioned the elevation since this is in the flood plain area and the pads have to be a particular height so the floor level of the trailer is at flood plain level. Mr. McCallister said there was a storm water retention map on the back of the soil samples sheet and asked if they need it on a topographical map. Councilman Spencer and Mr. McCallister discussed the requirements in that area. Mr. McCallister said held like permission to place the sewers in and when he sets the trailers in, helll have the information as to how high it has to be. Councilman Wargo asked to amend that he comply with the requirements listed in the ordinance. Councilman Spencer seconded the amendment. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. -10- Regular Council Meeting Minutes November 7, 1983 . . . Q o Request for Occupational License for Beer & Wine Bar - Park Avenue Plaza - City Clerk Kinsey read the November 2nd memo from the Building Official in which he stated he finds no major problems with the application and itls a permitted use in the B-3 zoning classification. Councilman Spencer said all requirements seem to have been met and he moved that Council grant the occupational license for the beer and wine bar. He noted that the motion made earlier relative to future alcoholic licenses is very appropriate, but that this one meets the requirements. Motion DIED for lack of second. Councilman Wargo said he didnlt see how they could use those parking spaces and back out of there without hitting other cars or bring delivery trucks in there with cars parked. He said the parking spaces should be assigned to that store and not infringe on someone else's. Mr. Ward Towers, owner of the property, said the previous business didn't have the parking re-striped and this business did. He said he'd purchased the property and is now renting it and he couldn't see why they'd refuse it since they'd complied with everything that was asked. He said all deliveries would be made in the mornings. Councilwoman Bennington said the striping had nothing to do with their end of the building as Frank Hall had agreed to do that. She asked Mr. Towers if he bought the iunitas zero lot line or condo. Mr. Towers said he went through Attorney Gillespie and he owns one-fourteenth of the entire parking lot. Councilwoman Bennington asked how many spaces were needed for parking. City Clerk Kinsey said there was 9 for the restaurant and 2 for the pool table. Mr. Towers said there isn't a restaurant there. Councilman Wargo noted that this came through when he was on the Planning Commission and no parking was questioned. Mr. Towers said held never heard any complaints about parking. Councilwoman Bennington said the traffic congestion is bad and the back corner of the building has already been hit, plus it was approved for one thing and is being used for another. Mayor Ledbetter stated the Council had been misled all the way on this project, and Council had helped one man and now it's being asked to help again. Mr. Towers said the woman who's renting has acquired a lot of expense and it was done according to law and he didn't want her to lose her investment. Councilwoman Bennington asked him how many parking spaces they had and Mr. Towers said seven. City Clerk Kinsey noted they need nine based on the 24 seats. Mr. Towers said held comply with the seating capacity. Mayor Ledbetter recommended this go back to the Planning Commission for their recommen- dations to Council. Councilman Spencer questioned if this was appropriate since that board doesn't handle occupational licenses. Councilman Asting said it's the case of what the building was constructed for and it's not being used for the purposes that were stated in the submission of the site plans. Mr. Towers noted that a license was issued on Indian River Boulevard for beer and wine with video games and pool tables and it wasn't questioned. Mayor Ledbetter asked the City Attorneyls advice and City Attorney Alvarez said held advised the owner who sold them that they had to realize they're selling units and it wasn't designed for any kind of store. He said he told them there wasn't sufficient parking and traffic congestion was there, plus the plans that were submitted for ware- houses were the same as these that were submitted and he suggested they get together with the owners to determine what kind of usage they will have there and project for the future. He said if something happens down there it would be negligence on the part of Council and the last two stores will not have any parking left and it will all have to end up in court. He noted that from a legal standpoint they're entitled to a license. Councilman Asting called attention to page 1635, Section 715.03 of the Code, regarding amendments to the approved site plans and read that section. Councilwoman Bennington said based on what Councilman Asting read, she moved that it goes back to the Planning Commission and the whole project, and anyone that owns anything there, get with the Planning Board to see what they have there and what parking spaces are there, the traffic flow, and any deviation from the site plans. -11- Regular Council Meeting Minutes November 7, 1983 . , o o Request for Occupational License for Beer & Wine Bar - Park Avenue Plaza (cont'd)- Mr. Towers said the State and County had approved everything and they weren1t asking for any exceptions. Councilwoman Bennington noted they don't even have required parking. Mr. Towers said they1d adjust to the amount of seats required. Councilman Asting seconded the motion. Mr. Towers asked if the application was denied. Councilman Asting said they want to see what the Planning Commission has to say. Motion CARRIED 4-1. Councilman Spencer voted NO. Councilwoman Bennington said they aren't denying the license but they want him to go to the Planning Commission as the owner of the property, with the rest of the owners, and then they'll look at it. Mr. Towers asked if he was ordered to take Unit I to the Planning Commission. Councilwoman Bennington said the entire project is involved. City Attorney Alvarez said the City Clerk could notify the owners in that building that there's a problem with space and the intended uses need to be discussed to avoid problems. He said the owners could be invited to attend a joint meeting to discuss this. Mr. Don Bennington, Chairman of Planning, said there's a letter from the former Building Official that said the property is being sold as zero lot lines. Mr. Towers asked about a time line. Councilwoman Bennington said they'll have an answer on the 21st. City Attorney Alvarez noted that they should be notified by certified mai 1. Mr. Bennington agreed that a meeting on November 14th at 7:00 PM would be satisfactory. Proposed E-9ll Dispatch Agreement with City of Oak Hill - City Attorney Alvarez dis- tributed copies of the proposed agreement and said he needed clarification as to some points. He asked Chief Baugh if Edgewater would be providing dispatching for all regular calls and E9ll emergency calls for Oak Hill. Chief Baugh said any calls on 911 for Police, Fire, and Rescue. City Attorney Alvarez asked if that's for regular calls also and Chief Baugh said that's right, for all calls in the City limits. City Attorney Alvarez asked about hurricanes and Chief Baugh said that was covered also. There was a discussion about the dates and insurance coverage. City Attorney Alvarez noted that the insurance carrier still has to look at it. Chief Baugh stated the address was incorrectly listed as 104 North Riverside Drive. Councilman Asting said it seems to imply that the City is liable and City Attorney Alvarez said the exposure is there, .and he's trying to cover that with the liability carriers and with the indemnification provisions. Councilman Asting moved to TABLE this until they get the report from the insurance company. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adjourn. Councilman Spencer seconded. Meeting was adjourned at 12:15 P.M. Lura Sue Koser ~~C~11~c r? hyA n- ~ 'AJ ~ CQUN'C l[MAN" - ZON E ON E ' {!, _ .... .I ~ - Minutes submitted by: COUNCILMAN - ZONE THREE ~Ar: Z~R~ ~ -12- Regular Council Meeting Minutes November 7, 1 983