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07-16-1984 - Regular ~ v u CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 16,1984 MINUTES Vice Mayor Bennington called the regular meeting of the City Council 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 Councilman Jack Spencer City Attorney Jose'Alvarez City Clerk Connie Kinsey Excused Present Present Present Excused Present Present There was a silent invocation, and the salute to the flag. APPROVAL OF MINUTES Special Meeting and Workshop of June 25, 1984 - Councilman ~sting moved to adopt the minutes, beina seconded bv Councilman Wargo. Motion CARRIED 3-0. Special Meeting and Workshop of June 28, 1984 - Councilman Wargo moved to adopt the minutes, being seconded by Councilman Asting. Motion CARRIED 3-0. Special Meeting and Workshop of June 29, 1984 - Councilman Asting moved to adopt the minutes, being seconded by Councilman Wargo. Motion CARRIED 3-0. I Regular Meeting of July 2, 1984 - Councilman Asting moved to adopt the minutes, being seconded by Councilman Wargo. Motion CARRIED 3-0. i Special Meeting and Workshop of July 6, 1984 - Councilman Wargo moved to adopt the minutes, being seconded by Councilman Asting. Motion CARRIED 3-0. Special Meeting of July 10, 1984 - Councilman Asting moved to adopt the minutes, being seconded by Councilman Wargo. Motion CARRIED 3-0. Special Meeting and Workshop of July 10, 1984 - Councilman Wargo moved to adopt the minutes, being seconded by Councilman Asting. Motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Wargo made a motion to pay the bills and accounts, being seconded by Councilman Asting. There was no discussion. The motion CARRIED 3-0. Q o MISCELLANEOUS Walter Gross, 909 Lake Avenue, welcomed the new Police Chief to his first Council meeting; wished him well and stated he is sure the Chief will have the cooperation of all the citizens of the City of Edgewater. Mr. Gross spoke to the Council of the need for some action by our Civil Defense Director in getting the interest of the young people in the area. He also reminded the Council that he has asked the Council's consideration to appoint Frank Opal to the Merit Board. He feels Mr. Opal will be an asset to the board and the City. No one else wished to address the Council. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting informed that in 1978 the people defeated by referendum the paving of shell roads in the Florida Shores area. He added that this occurred perhaps due to the fact the referendum also called for the installation of sewer lines at the same time. Due to strong indications that these people now want their roads paved, he is suggesting that the question be placed on the primary ballot and the people living on unpaved streets again be given the opportunity to express them- selves. If the vote was favorable, the City could prepare to pave a few streets at a time on a 1/3 basis. Councilman Asting made a motion to have the City Attorney prepare a resolution stating the question in legal terms for the primary ballot and for the Council's consideration and their approval or objection. The motion DIED for the lack of a second. Vice Mayor Bennington agreed there is a need for this question to be answered. She reiterated her previous idea of a straw ballot on the back of the water bills, explaining that these bills could be helpful in determining the locations where the paving is most desired. She suggested since there is a stalemate here, this be brought up again when there is a full Council present. Councilman Asting agreed in also usin~ the back of the water bills, however he feels a paving program should be started, this Council included paving in the budget for 1984. Councilman Wargo did not agree in putting this on the ballot, he agreed to putting it on the back of the water bills, poling the people who live on unpaved streets. You are not going to get the people in the City who already live on paved streets to vote for a paving program. He added he is a believer in people paying for what they get, those who use it should pay for it. If the majority of the people in Florida Shores don't want paving, why should we jam it down their throat? There was discussion at this time about how this could be handled at the poles if the question was put on the ballot and arranged so that only those living on unpaved roads would vote on the question. Walter Gross spoke to the Council that the center of this 1/3 is going to be paid for by all of the citizens of Edgewater and he feels they should have a right to vote on it. Vice Mayor Bennington answered this is why she wants to do it both on the water bills and on the ballot. If the results of the straw ballot from the water bills comes back favorable for the paving, then we will know what streets to start paving. -2- Council meeting July 16,1984 Q o Councilman Asting stated he will agree to putting this on the back of the water bills, as long as it will also be put on the ballot. Councilman Wargo suggested we wait until we have a full Council present. Sch'oPltFLb 5lj"jglf e.K Mr. 5iaurn questioned at this time how many times a Council member can be absent from the meetings. He added that business of the City comes to a halt because of the members who do not attend. Councilman Asting asked the City Attorney how long would the Council have to get this question on the ballot? Attorney Alvarez answered the end of August should be sufficient time before the election. There was a question from the audience about putting paved roads in now and then having to break up the roads later in order to put in sewer lines. It was explained that the sewer lines could run along the shoulder of the roads and there would be no need to break up the road sur- faces. There were no other City Council reports. The City Attorney had no report. City Clerk Reports - City Clerk Kinsey informed the Council that George Kennedy, Fire Chief, has requested a reimbursement for a fireman attending a Hazardous Materials and Disaster Control School in St. Augustine. There is money budgeted for this expense. Councilman Asting made a motion to pay the bill. The motion DIED for the lack of a second. vice Mayor Bennington suggested this be tabled until the next regular meeting. Councilman Wargo explained that everyone going to educational programs gets the approval from this Council to do so. He would like to know why this wasn't secured prior to their going. City Clerk Kinsey stated she does not have the answer for that. Vice Mayor Bennington requested a letter be sent to the Fire Department, from this point on before they send anyone to school they should conform with the rest of the City and get prior approval. City Clerk Kinsey continued with her reports. In April the Fire Department was involved in an accident with truck #419, which is the 1978 pick up truck. Chief Kennedy is requesting authorization to have this truck repaired. The estimate is approximately $1600. We have received $1347.81 from the insurance company which has been deposited in miscellaneous income in general fund. Councilman Wargo would like to see a complete report on why that truck was in that particular location. I think we need some explanations. He made this is the form of a motion. The motion DIED from the lack of a second. City Clerk Kinsey answered that the man was on 195 around Highway 400 going to register at DBCC for his 360 hour fire school. The second statement on this is the man is no longer a Fire Department member. -3- Council meeting July 16, 1984 o o Councilman Wargo made a motion to have the truck fixed, being seconded by Councilman Asting. Councilman Wargo added that it is time we stopped using that truck for personal use and use it for Fire Department business only. Upon roll call vote the motion CARRIED 3-0. City Clerk Kinsey requested Council authorization to purchase computer paper. To take advantage of the price break the cost is $877.05, when the freight is added it takes the purchase to $1007. which is $7 over the allowed $1,000 purchase: Councilman Wargo made a motion to authorize this, being seconded by Council- man Astinq. The motion CARRIED 3-0. City Clerk Kinsey announced that Mr. Britain has asked that an invitation be extended to the public for the Rescue groundbreaking July 18th at 6:30 P.M. at Fire Station #1, 1651 South Ridgewood. A special invitation is extended to the Council for them to attend. Public Works Deoartment - Openincr of bids for repair or replacing City garage roof City Clerk Kinsey explained one bid was received and it was late. She requested permission to readvertise. The roof is in deplorable condition and the work does need to be done. Councilman Asting moved to readvertise, being seconded by Councilman Wargo. The motion CARRIED 3-0. Planning and Zoning Board Recommendation re: Annexation of Fong property City Clerk Kinsey read the recommendation from the board requesting the annexation of the Fong property located south of the City of Edgewater containing 20.20 acres. Councilman Asting made a motion to accept the recommendation of the Planning and Zoning Board and take steps to annex the property. The motion DIED for the lack of a second. Attorney Jeff Clark spoke to the Council that the Planning and Zoning Board has been over this and everything has been established as the City has requested. The City Attorney is in agreement that this does not create an enclave. The Fong's have executed a ser- vice agreement, whereas they will not request utility services for a two year period. Councilman Wargo stated that he has no idea whether the City would be able to supply the water in two years. It is his opinion that there are commitments now that we may not be able to keep with all the projects that are going to require water. Attorney Clark explained that on the voluntary annexation basis, the City is not compelled to set forth the program as to the time frame for the furnishing of utilities. Primarily, Mr. and Mrs. Fong would like to be annexed so that they could get on the waiting list. They have been waiting now for about six years. The purpose of the service agreement was to insure the fact that they are aware of the problem. He added that this is choice property, there are 1,000 feet on U.S. 1, 300 feet on the river and he noted it will be a tax structure as far as the City is concerned. Vice Mayor Bennington asked if the highway frontage is to be zoned Rl also. Attorney Clark answered that the entire property is to be Rl. Walter Gross pleaded that the people of our City must be considered first. We can not afford to supply water to out of town developers. -4- Council meeting July 16, 1984 ~ o o Vice Mayor Bennington recommended this be tabled to the meeting in August, when we should have a full Council present. Recommendation to revise Ord. 880 to include health clubs and churches in Section 606.4(b) City Clerk Kinsey read the recommendation from the Zoning and Planning Board that health clubs and churches be added as Permitted Uses in B5 Zoning Districts. There being no comments from the Council, Vice Mayor Bennington recommended this be tabled until we have a full Council. Dr. James Davis offered to answer any questions the Council might have about this request. Councilman Asting pointed out his concern of the placing of a church in a shopping plaza. He feels there are other facilities within the City which would be better suited for a church group. Dr. Davis advised that the health club is the primary request and perhaps temporary permission could be granted to rent the space to the church until they find permanent location. He asked if the motion could be worded in such a way to do this? Councilman Wargo suggested that we wait for a full Council. Vice Mayor Bennington requested Dr. Davis to have this reworded in writing for the Council's next meeting. Dr. Davis explained they are getting anxious, however they will do what the Council requests. Citizen Code Enforcement Board Code Violations - City Clerk Kinsey read a memorandum from the board requesting the City's law enforcement officers be urged to make efforts to alleviate the code violations within the City. City Clerk Kinsey stated we have interviewed and are waiting on the physical on a State certified fire inspector to work on a part time basis for the City in this position. Councilman Wargo stated he recalls making the motion to advertise for the position but I didn't know we went ahead and hired someone. I preferred this to be handled the same as the assistant chief, that the Council do the interviewing and hiring for that particular individual. Vice Mayor Bennington questioned why this particular individual should be handled this way? Councilman Wargo added the Building Official doesn't have time to do his own job and be interviewing anyone for the job. He's not happy with the way the department has operated as far as code enforcement is concerned. The job is not being done and now we are going to have to hire someone else to do the job we hired him to do. Vice Mayor Bennington agreed there are a lot of code violations going on within the City, however she does not blame it on the Police Department or the Code Enforcement Officer at this point. You can't put someone in a department that doesn't exist where over two million dollars worth of permits have been issued over the past year by himself, and expect him to also correct all the code violations that have been going on in this City for years. She thinks it would be to our benefit to hire this man. Council meeting July 16, 1984 -5- .. o o Councilman Asting suggested that when the Building Official discovers a code violation, he should have his secretary pre- pare the letter for the Code Enforcement Board. He feels Mr. Fischer should be a little more diligent in that area and let his secretary do the paperwork for him. Vice Mayor Bennington added that she feels that department is seriously lacking in manpower and the idea was to help Mr. Fischer establish by hiring this man and bring this department up to par. Councilman Wargo noted that the Building Official never came to the Council with a complaint that he needs more help. He should have expressed this need, rather than half doing the job. Vice Mayor Bennington stated she would like to tell the Citizens Code Enforcement Board chairman that we accept his letter and are well aware and are taking steps to correct the situation. Merit Board appointment to fill vacancy Councilman Asting made a motion to table this until we have a full Council, being seconded by Councilman Wargo. Motion CARRIED 3-0. At this time Attorney Alvarez answered the question regarding the absences of Council members. There are no provisions in the City Charter or Code regarding absences, the previous pro- visions were appealed in 1978. There is authority among the Council members to address the absences of a particular member but there is no specific number of absences or under what con- ditions spelled out. S 0.-110 I:J/Z'Cb 6)1./.9 y oK Mr. Giburn commented that there have been several items at this meeting being put off because of the members who are missing and it is not fair to the public here for certain reasons. He questioned the amount of time Councilman Spencer has been gone. Vice Mayor Bennington answered that we should not get into Councilman Spencer's record. The question was answered. COMMUNICATIONS Larry and Cherry Hunt petition for relief re: water bill This is a rather lengthy communication, rather than have the City Clerk read the entire letter, Mr. and Mrs. Hunt were asked to come forward and address the Council. It was determined that this house was built in 1956 and it was the consensus of the Council members that the City doesn't enter into this problem. Councilman Wargo suggested the people should be talking with the seller or the real estate agent, adding that he doesn't feel the City is responsible. The Hunters answered several other questions from the Council. Vice Mayor Bennington pointed out the determination made by the Utilities Director was that water is leaving the meter at a 15 gallon per minute rate. She asked the attorney if, because of the extreme circumstances and the high billing, could we allow an extended period to pay the bill. City Attorney Alvarez answered that in the past if relief has ,been given for certain situations, it could be done now. -6- Council meeting July 16, 1984 \ o o Councilman Wargo made a motion to deny the request. The motion DIED for the lack of a second. Councilman Asting stated that he feels some relief should be granted since this was not deliberate or through carelessness. He suggested cutting the balance by 50% and give them a period of time to pay the bill. Vice Mayor Bennington commented that she doesn't think we can cut this bill, we are talking about tax payers' money it took to treat this water. Her sympathy was expressed to them, however she does not feel the City is responsible. She again suggested that they be given relief by having a period of time to pay the bill. Councilman Asting made a motion the matter be tabled and taken under consideration when a full Council sits, being seconded by Councilman Wargo. Motion CARRIED 3-0. There was a five minute recess taken at this time. Holly Bivins request for donation to Atlantic Center for the Arts City Clerk Kinsey read the request from Ms. Bivins for a $5,000 contribution to the Atlantic Center for the Arts project. Councilman Wargo made a motion the letter be received and filed, being seconded by Councilman Asting. Councilman Wargo commented that money is in short supply. We need a new police station, we need a new truck for the garbage depart- ment and we are short in that department. There are a lot of areas where we need bicycle paths and better recreational facilities for our community. We can not even think of giving anyone money like this. Vice Mayor Bennington instructed the City Clerk to reply that we have received their letter, but at this time we are not in the financial position to send a contribution. Frank Opal request to be appointed to Merit Board vacancy City Clerk Kinsey read Mr. Opal's letter requesting appointment to the Merit Board. Councilman Wargo moved the letter be accepted and held with the tabled items with the Merit Board, being seconded by Councilman Asting. Motion CARRIED 3-0. ORDINANCES AND RESOLUTIONS Ord. 84-0-10 - AN ORDINANCE AMENDIN~ CHAPTER 13, ARTICLE II, SECTION 13-21 OF THE EDGEWATER CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REMOVING ALL DEPARTMENT HEADS FROM THE MERIT ORDINANCEiCONTAINING A REPEALER PROVISIONi A SEVER- ABILITY CLAUSEi PROVIDING FOR AN EFFECTIVE DATE. Attorney Alvarez read the Ordinance, by title only. Councilman Wargo moved to adopt the Ordinance, being seconded by Councilman Asting. Motion CARRIED 3-0. -7- Council meeting July 16, 1984 '\ . (..) o RES. 84-R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE A COOPERATION AGREE- MENT WITH THE COUNTY OF VOLUSIA TO UNDERTAKE OR ASSIST IN UNDER- TAKING ESSENTIAL ACTIVITY PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez read the resolution by title only. Councilman Wargo moved to adopt the Resolution 84-R-30, being seconded by Councilman Asting. Motion CARRIED 3-0. RES. 84-R-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING CITY OF EDGEWATER POLICE DEPART- MENT EMPLOYEE WILLIAM LENZ AS A MEMBER OF THE BOARD OF THE TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR HIS DUTIES, RIGHTS AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez read the resolution by title only. Councilman Asting moved to adopt Resolution 84-R-31, being seconded by Councilman Wargo.. Motion CARRIED 3-0. RES. 84-R-32 - A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, APPOINTING DOUGLAS W. BETTS AS CHIEF OF POLICE FOR THE CITY OF EDGEWATER, FLORIDA, CONTAINING TERMS AND CONDITIONS OF EMPLOYMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City Clerk Kinsey read Resolution 84-R-32 in its entirety. Attorney Alvarez noted an error in Section 5. He read the correction "That this resolution shall take effect at 12:01 A.M., August 1,1984". The correction was written in and initialed. Vice Mayor Bennington asked Mr. Betts to come forward. City Attorney Alvarez asked Mr. Betts if he accepts the terms v and conditions as set forth in the resolution. Mr. Betts answered yes. Councilman Wargo moved to adopt Resolution 84-R-32 as corrected, being seconded by Councilman Asting. Motion CARRIED 3-0. At this time City Clerk Kinsey performed the swearing in of the new Police Chief and Chief Betts was welcomed by the City Council. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business brought up at this meeting. Council meeting July 16, 1984 -8- . ". o " o ADJOURNMENT Councilman Asting made a motion to adjourn, being seconded by Councilman Wargo. Motion CARRIED 3-0. Minutes submitted by: CD-tlt ;6~,,~ Zb~~ Debbie Sigler V" Zone Two JCAil-(}~ b=y Councilman -LZone Three ~Ifs~ counCi~an - Zon Four ATTES'J;': C::::L.~ ~ City ClerE . ~ fk Approv:ed this ~day of ~x-- ere' . .~~ If -d;2~~~ Mayor ~ ----- -9- Council meeting July 16, 1984 7U~~~ \1 ~F-' " Y/k; C ~ ~ ~.