Loading...
10-15-1984 - Regular t ". - u Q CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 15,1984 MINUTES CALL TO ORDER Mayor Ledbetter called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting INVOCATION, SALUTE TO THE FLAG Present Present Present Present Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Douglas Betts Present Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Special Meeting & Workshop of September 26, 1984 - Councilwoman Bennington moved to approve the minutes of September 26th. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Spencer abstained from voting because he was not present at that meeting. Special Meeting of September 27, 1984 - Councilwoman Bennington moved to approve the Special Meeting minutes of September 27th. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Spencer abstained from voting because he was not present at that meeting. Regular Meeting of October 1, 1984 - Councilman Spencer moved that Council approve the minutes of October 1. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of October 3, 1984 - Councilman Asting moved to adopt these minutes. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of October 5, 1984 - Councilman Wargo moved to accept the minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the regular bills and accounts. Councilman Wargo seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that there is a request from Patrolman Marc Lusk for reimburse- ment in the amount of $148.12 for vehicle travel expenses to a seminar. She added that this wasn't received in time to be put on the regular bills and accounts. Councilman Spencer noted that this was a school which Council approved and he'd expected to use the City veh,icle but it wasn't available and he moved that the reimbursement be authorized. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mrs.Frances Olds, President of Rescue, said she didn't get a request to go out for bid for a new Rescue vehicle in before the deadl ine and she's requesting it be on the November 5th agenda. She noted that at 7:00 PM on Tuesday at Fire Station #1 there will be a demonstration of a vehicle similar to the one 1 isted on their specifications and she invited Council members, the press, and interested citizens to come by and see it. Councilman Spencer asked Mrs. Olds when they'll be accepting the new building and Mrs. Olds said they need a final inspection yet and they hope to be in by the end of this week. Mr. Frank Opal, Florida Shores, asked the amount for family members for the premium for the insurance benefits for City employees and Council members. Mayor Ledbetter repl ied that he thinks it's about $57. a month for his wife's coverage. ~ u u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilwoman Bennington stated that she went to the Florida League of Cities Convention the past Thursday, Friday, and Saturday and she'll have a full report in Council's mailboxes. Councilman Spencer pointed out that there are three ordinances relating to stormwater management later on the agenda and Council passed Ordinance 84-0-4 which provides the Building Official with authority to order proper berming, retention, etc. to insure water runoff does not flow to neighboring properties. He added that he'd 1 ike another ordinance to give the Building Official more teeth for enforcement. He noted that more and more contractors are building homes higher due to Health Department require- ments and this is causing more ponding, and he feels the Ordinance should be more specific so the Building Official can withhold the Certificate of Occupancy until the drainage problem is met and other Code requirements are compl ied with. He moved that Council request the City Attorney to draft an appropriate resolution or ordinance, whichever is proper, requesting the Building Official to withhold the Certificate of Occupancy where the Code is not compl ied with. Councilwoman Bennington seconded for discussion. Councilwoman Bennington expressed concern that if they have an amending ordinance drawn up there wouldn't be enough time for this Council to adopt it. Councilman Spencer suggested doing it in the form of a resolution to instruct the Building Official to carry out his responsibil ities. Councilwoman Bennington asked if they could administratively instruct him to do this. Councilman Spencer noted that he's talked with the Building Official and he needs specific instructions from Council for when he talks to the builders. Councilwoman Bennington pointed out that the Building Official has the final say and he should exercise that option. Council- man Spencer stated that the ordinance doesn't tell him how to exercise the authority and if it were more specific, it would make it mandatory. Mayor Ledbetter said he thought this subject was addressed at the meeting with the Planning and Zoning Board and the City Engineer was to meet with the appropriate people to discuss runoff that is causing ponding in the back yards and make a recommendation to Council. Council- man Spencer agreed but said he didn't think anything would happen in the near future. Mayor Ledbetter noted that he's looked at some of these locations and neighboring buildings being built up are causing the problem, but he'd 1 ike to hear from the City Engineer on this. He added that he thinks there are State Statutes regarding this. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. Council- woman Bennington stated that she voted yes because they need to do something. Mayor Ledbetter stated that he voted no due to the fact that he doesn't have the input from the City Engineer for a solution. Councilman Wargo reiterated that they can put all the ordinances on the books but they're wasting their time if they aren't enforced and it's the responsibil ity of the Building Official to see that these are compl ied with before the Certificate of Occupancy is issued. City Attorney Reports - City Attorney Alvarez stated that the owner is out of town and he hasn't heard from the attorney regarding the extension of the franchise with South Florida Natural Gas Company. City Attorney Alvarez said he had just received copies of the contracts for the group insurance and worker's compensation. He said it appears to be a year to year pol icy with payments due the first of each month and either party can terminate under the provisions with 30 days notice. He added that the pol icy anniversary date is December 1st of each year and Council would need to give notice by November 1st if they want to terminate the services. There was a discussion as to the time needed for reviewing proposals and the advertising process. Councilman Spencer suggested it be on the next agenda for Council to take action to extend the present pol icy until such time as the next Council will be able to act on it. Mayor Ledbetter asked the amount of increase in cost and City Clerk Kinsey said it's approximately $2,100. per year for all City employees and the increase is only with the PCS card and 1 ife insurance, not for hospital ization. Councilwoman Bennington pointed out that at the October 1st meeting the motion was made to go out for advertising so they'd have the month of November to go over the proposals but now that's 1 imited due to 15 days gone. City Clerk Kinsey noted that they'd just received the contracts and the City Attorney wanted to review them prior to going out for bids. Councilwoman Bennington pointed out that they'll have to check with the company to see if it can be extended. Councilman Spencer moved that the Council request the City Clerk to inform the present carrier that the City wishes to extend the present contract for an additional 90 days. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes October 15, 1984 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES(Continued) City Attorney Reports (Continued) - City Attorney Alvarez stated that Council had instructed him to prepare an agreement with Coronado Paint Company regarding the sewer 1 ine extension and returning the road to its former condition. He noted that the City Engineer is a primary party to this and he's out of the City this week. He said he talked to the builder for this project last week and suggested that an irrevocable bond be posted, preferrably in cash, with the City to be held by the City and it will spell out the conditions that Council wants to make sure are campI ied with such as the street restored to its original condition or better, that the company will bear all the expenses, and the extension will be turned over to the City. He noted that they offered a figure of $10,000. for the bond and possibly Earl Copeland can determine a cost in dollars and this can be done administratively. Mayor Ledbetter asked if this would be a performance bond and City Attorney Alvarez explained it1s a cash bond held by the City in a special account with conditions as laid out by Council, and an official of the City would determine if it's restored sufficiently and will be the sole judge. Councilman Asting suggested the City Engineer be the judge. City Attorney Alvarez said he can call him and contact Earl Copeland and Terry Wadsworth and all three can agree on an amount. Councilman Spencer said he doesn't want it to be an exorbitant amount. Mr. Frank Opal, from the audience, called a point of order, and asked if that street is part of the eight inch concrete driveway and Mayor Ledbetter repl ied yes. Councilwoman Bennington said if the City Engineer can be contacted they should ask him the amount for the appropr- iate bond and have that bond posted with the City with the conditions stated and the agreement written and she so moved. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez asked if this is a section of Old County Road that was questioned previously as to the proper location and Mayor Ledbetter stated that it's a different portion at the north end. City Clerk Reports - City Clerk Kinsey stated that to comply with Section 504 require- ments they prepared a grievance procedure and if acceptable, Council can adopt the procedure by motion. She added that it's in campI iance with the Federal Revenue Sharing Act. Councilman Spencer asked if this is a continuation of work being done for handicapped persons and City Clerk Kinsey repl ied yes. Councilman Spencer moved that this grievance procedure be adopted. Councilman Asting seconded the motion. Councilman Wargo suggested they avoid naming individuals and use a classification such as the Designated City Representative in the union contracts. City Clerk Kinsey said they were trying to avoid this but the plan calls for a specific name and title. Councilwoman Bennington asked if the entire thing has to be re-adopted if the name changes and City Clerk Kinsey repl ied that just a motion will be needed. Motion CARRIED 5-0. City Clerk Kinsey said she needed Council authorization to cut a check for those Council members who want to attend the Volusia League of Municipal ities dinner meeting on October 25th at Ponce Inlet. Councilman Spencer so moved. Councilman Wargo seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey noted that the City of Edgewater has been awarded the Certificate of Conformance in Financial Reporting for the fiscal year ending September 30, 1984. She read from the news release pertaining to this award. She thanked the Council members and staff who helped to obtain the award. Mayor Ledbetter and Councilman Asting congratulated City Clerk Kinsey for doing a good job. City Clerk Kinsey said she received a memo from the Accounts Payable Clerk regarding the Pol ice vehicles and the matter needs to be straightened out to have authorization to cut a check. She read the October 15th memo. Councilman Wargo moved to TABLE this until later in the week to get all the information necessary and have an admin- istrative session and Special Meeting to take care of it. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated that he may have to talk with the City's auditors and will need authorization for the charges involved. Mayor Ledbetter suggested the City Attorney be given authorization to contact the auditors and Councilwoman Bennington so moved. Counci lman 'Spencer seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes October 15, 1984 . . u (J COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)- Pol ice Department ~equest for patrolman to attend field training officersl school- City Clerk Kinsey read the September 28th memo from Pol ice Chief Betts requesting authorization for Patrolman Brinson to attend a Field Training Officers' School in Orlando from October 22nd through October 26th. Councilman Wargo moved to allow the expenditure and noted that it will about $480. Councilman Spencer seconded the motion. Councilwoman Bennington asked what City vehicle he plans to use and Chief Betts said he'd 1 ike to use an unmarked vehicle and suggested the Diplomat. There was a discussion regarding the uses for the Diplomat currently and City Clerk Kinsey noted that they can pay the employees mileage for going to the post office and the bank and for code inspections. Councilwoman Bennington asked if a Pol ice vehicle will be available for administrative duties if he uses the Diplomat. Chief Betts repl ied that if the matter discussed earl ier in the meeting is resolved, they can use an unmarked vehicle. Motion CARRIED 4-1. Mayor Ledbetter voted NO. Pol ice Department Request to add two patrol officers - City Clerk Kinsey read the October 10th memo from Chief Betts requesting a resolution be drawn up to authorize two additional personnel. Councilman Spencer moved that the Council authorize the hiring of the two additional officers as was included in the budget for the fiscal year on November 1st as requested. He then withdrew his motion and moved that the City Attorney draft a resolution authorizing the hiring of two additional officers. Councilwoman Bennington seconded for discussion. Councilwoman Bennington asked if a resolution is needed to increase the force and City Clerk Kinsey repl ied yes. Councilwoman Bennington asked Chief Betts if the two men are incorporated in the eight-hour shifts and Chief Betts repl ied yes, and the overtime will be cut drastically with this change. Councilwoman Bennington pointed out that Council doesn't have another regular meeting until November 5th and the request is to begin the personnel November 1st. City Attorney Alvarez suggested the resolution be read at the Special Meeting coming up regarding the Pol ice vehicles. Motion CARRIED 5-0. Data Processing Department request to purchase new printer - City Clerk Kinsey read the October 9th memo from the Data Processing Department requesting the purchase of a new printer in 'the amount of $6,600. from Fiscal Information, Inc. Councilman Wargo noted that they discussed putting a computer in the other room. City Clerk Kinsey said that's a separate item for a small computer and this printer and theylll put the old printer out in the front office. Councilman Wargo said he didn't under- stand it that way. Mayor Ledbetter asked how they'll get around the bid procedure and City Clerk Kinsey said under the contract they can only buy from the hardware distributor, Fiscal Information, Inc. Councilman Spencer stated that in view of the fact that the printer has had several years of hard and long use he moved that the printer be authorized to be purchased without being advertised since it IS a single source item. Councilman Asting seconded the motion. Councilman Wargo said he preferred they take care of install ing the printer on the outside of the computer room as they agreed to in the budget hearings. Councilwoman Bennington said they need to make space for the new computer and the procedure seems to be backwards and sheld 1 ike more information on the printer and to look at the system for the outer office at the same time. Councilman Spencer said he doesn't feel he needs to look at specifications because an employee with adequate knowledge has reviewed it, and they can't free up the existing printer to move it until the new printer is purchased and put into service. Councilwoman Bennington said she wants the entire system set up all at once if theylre going to buy the printer. Councilman Wargo pointed out that they got in a bad situation with the base station with the cost and they should have the total cost for this. Motion DID NOT CARRY 2-3. Councilman Wargo, Councilwoman Bennington, and Mayor Ledbetter voted NO. Councilwoman Bennington moved that for the next Council meeting this can be brought back with complete information of cost entailed to put it in and take the old one out, and the new computer systems. City Clerk Kinsey asked if Council had decided what computer system they wanted and Councilwoman Bennington said the girls can give them that information. City Clerk Kinsey stated that it's a price of $6,600. to put it on the table. Councilwoman Bennington said she wants to see the entire package for the new computer systems also. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. -4- Council Regular Meeting Minutes Oc tobe r 1 5, 1984 ,. u Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Building Code Board - Resignation of Paul Monaco - City Clerk Kinsey read the October 4th letter from Paul Monaco. Councilman Spencer moved that the resignation be accepted with appreciation. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Building Code Board appointment to fill vacancy - Councilman Wargo moved to TABLE the appointment until a later date. Councilman Spencer seconded the motion. Mo~ion CARRIED 5-0. COMMUNICATIONS There were no Communications at this meeting. ORDINANCES AND RESOLUTIONS Ord. 84-0-20 Amending Art.VI I, Sect. 700.01 re:off-street parking requirements - City Attorney Alvarez read this Ordinance. ORD. 84-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VI I, SECTION 700.01 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REVISING THE REQUIRED OFF-STREET PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Asting asked if this will affect the businesses already establ ished and Councilwoman Bennington said the intent is that it won't affect any establ ished businesses, only new businesses. Councilman Wargo stated that based on that, he moved to adopt Ordinance 84-0-20. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 84-0-24 Amending the budget by transferring a portion of unexpended FY 1984 balance of Parks & Recreation to FY 1985 - City Attorney Alvarez read this Ordinance. ORD. 84-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ORDI~ANCE 84-0-16, THE BUDGET ORDINANCE FOR THE CITY OF EDGEWATER, WHICH SETS FORTH REVENUES AND EXPENDITURES FOR THE FISCAL YEAR 1984-1985 BY INCREASING THE GENERAL FUND REVENUE AND THE GENERAL FUND ESTIMATED EXPENDITURES BY $38,500 TO BE USED BY THE PARKS AND RECREATION DEPARTMENT; CONTAINING A REPEALER PROVISION; ADVERTISEMENT; A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 84-0-24. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 84-0-25 Repeal ing Ord. 82-0-24A re: stormwater management - City Attorney Alvarez read this Ordinance. ORD. 84-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 82-0-24A, ADOPTED AUGUST 2, 1982, AND ENTITLED "AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 9.5-56, 9.5-57 AND 9.5-58 OF CHAPTER 9.5 OF THE EDGEWATER CODE OF ORDINANCES, TO PROVIDE THAT SINGLE FAMILY AND DUPLEX RESIDENCES AND ACCESSORY USES NOT TO EXCEED TWO (2) UNITS PER LOT SHALL NOT BE EXEMPT FROM THE FORMAL PERMITTING PROCEDURES OF CHAPTER 9.5; BY PROVIDING THAT APPROVAL OF THE SUPERINTENDENT OF PUBLIC WORKS MUST BE OBTAINED BY ANY PERSON PROPOSING TO ERECT A DRIVEWAY WHICH WOULD CROSS A SWALE OR DITCH OR TO BUILD ANY STRUCTURE WHICH MIGHT IMPEDE THE INTENDED FLOW OF WATER THROUGH SUCH SWALE OR DITCH", IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Wargo moved to adopt Ordinance 84-0-25. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 84-0-26 Amending Sect. 9.5-56 to reinstate single family and duplex residences as exemptions re: stormwater management - City Attorney Alvarez read this Ordinance. ORD. 84-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 9.5-56 OF THE EDGEWATER CODE OF ORDINANCES BY RESINSTATING, AS AN EXEMPTION, SINGLE-FAMILY AND DUPLEX RESIDENCES AND ACCESSORY USES NOT TO EXCEED TWO (2) UNITS PER LOT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Ordinance 84-0-26. Councilman Wargo seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes October 15, 1984 . . . l'. u o ORDINANCES AND RESOLUTIONS (Continued) Ord. 84-0-27 Amending Sect. 15-4 by adding (b) re: driveways crossing swales or ditches City Attorney Alvarez read this Ordinance. ORD. 84-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 15-4 OF THE EDGEWATER CODE OF ORDINANCES BY ADDING (b) PERTAINING TO DRIVEWAYS, CROSSING A SWALE OR DITCH; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that the Council adopt Ordinance 84-0-27. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Asting moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes submitted by: cJJut~ft~ M DR J ~ -il.. . >- ~2- r Lu ra Sue Koser ~ fj&2 ATTEST: Jwy AZ:, ~ COUNCILMAN - ZO~THREE ~...~~~ COUNCIL - ONE F ~ ~ ~~// CITY CLERK Approved th i s r~ day of , 1984. (, -6- Council Regular Meeting Minutes October 15, 1984