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01-21-1985 - Regular ~} ., o o CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 21, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman James Inman City Attorney Jose' Alvarez City Clerk Connie Kinsey Sergeant William Lenz Present Present Present Present Present Present Present Present INVOCATION, SALUTE TO THE FLAG There was a silent invocation and the salute to the flag. PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: Mayor Haugh suggested a motlon to recess the regular meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. May~r Baugh opened the Public Hearing. Ord. 85-0-1 Amending Ord. 898 re: purchasing limits. City Attorney Alvarez read this Ordinance. ORD. 85-0-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ALLOWING PURCHASES UP TO $3,000.00 WITHOUT FORMAL COMPETITIVE BIDDING AND EXPENDITURES BY CITY DEPARTMENTS UP TO $2,000.00 WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience, or from Council members. Mayor Baugh requested a motion to adjourn the Public Hearing. Councilman Prater moved to adjourn. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to bring the Council meeting back to order. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adopt the ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of January 7, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of January 11, 1985 - Councilman Inman moved to accept the minutes of the Special Meeting and Workshop of January 11, 1985. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of January 15, 1985 - Councilman Prater moved to accept the minutes of the Special Meeting of January 15, 1985. Councilman Asting seconded for discussion, and asked that a correction be made on the second page where he made the motion and that it be worded "desired" rather than "desire or". Councilman Asting included that correction as the second to the motion to accept these minutes and Councilman Prater agreed as the maker of the motion. Motion with correction CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay all the bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh pointed out that there is a supplemental bill also. City Clerk Kinsey stated that there's a bill from Diversified Electronics from the Police Department for $125. and a bill from Dwight's for $109.74 from EVER. She added that the purchase order was not obtained for either item and there's a memo of explanation from the EVER President but the Police Department item was purchased in November with no purchase order obtained but they've verified the work has been done. Councilman Rotundo moved to pay these bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS There was no audience miscellaneous at this meeting. .' ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Rotundo reminded Council members to look at the resumes for advisory boards to make a decision at the February 4th meeting. Mayor Baugh suggested the Board Chairmen be advised that this will be a topic on the February 4th agenda. Councilman Prater requested~a Special Meeting and Workshop with department heads to discuss, and possibly get a solution to the proposed pay plan. Mayor Baugh suggested Thursday, January 24th, at 3:00 P.M. and Council members agreed to this date and time. Mr. Jack Spencer, former Council member, asked the purpose of the meeting and Mayor Baugh replied that it's to discuss the management pay plan. Councilman Inman stated that he attended a business meeting of EVER on January 14th and they informed him they Qrdered the new unit, and it will "be" in around Easter. He added that they also called his attention to a problem with the 911 emergency number which might be a dispatch problem with the Police Department or with the County. He stated that EVER would like better coordination between Civil Defense and their unit as far as emergency evacuation is concerned. Councilman Inman stated that he met with the Police Department and it's requested they turn over the 1979 Ford LTD to the Code Enforcement Officer. He noted that this vehicle is no longer safe for law enforcement. Mayor Baugh noted that he'd talked with Mr. Earl Copeland about this car and he said the car is in good running condition. City Clerk Kinsey pointed out that it has high mileage. Mayor Baugh suggested they take the vehicle the Animal Control Officer is driving, the Nova, and let the Code Enforcement Officer use it when the new vehicle comes in. Councilman Inman said he felt they could work this out and noted that the Code Enforcement Officer also requested a radio be installed in the vehicle and there is one radio that is surplus. Mayor Baugh asked if he's referring to the 4-channel Regency and Councilman Inman replied yes. Councilman Inman suggested they pull the crystals out for the Police frequency and put the signals in for the City barn frequency, and Mayor Baugh agreed. Councilman Inman asked about the pickup truck for Animal Control, and Mayor Baugh pointed out that they were waiting for a request from the Chief for a full size under State bid. City Clerk Kinsey stated that the order has been cancelled. Mayor Baugh pointed out that if they go for State bid price it will be full size but after talking with people about the mid size, the parts will be higher so Council will have to decide if they want State bid or not. Councilman Inman stated that this has been drug long enough and he moved that they get a full sized vehicle under State bid. Councilman Asting seconded the motion. Council- man Rotundo asked for clarification if it's a pick up or a regular vehicle and Mayor Baugh replied it's a pick up. Motion CARRIED 5-0. ~ Councilman Inman stated that he'd talked tot-.ftC dcree-t=-:i:-v-e-Hl the Police Depart- ment who has requested an additional man be transferred to the detective unit from patrol. He pointed out that one of the detectives resigned and was never replaced and the Detective Sergeant has such a workload now that he can't com- plete his work in a regular day. He noted that he'd recommended to the Police Department that they make a decision on who they'd like to pullout of the patrol ranks and make detective, with approval of Council. Councilman Asting asked Sergeant Lenz if he has a patrolman who would be interested and Sergeant Lenz replied that several have expressed an interest. Mayor Baugh asked Sergeant Lenz if he has the manpower to do it and Sergeant Lenz replied that they have several new officers who are inexperienced and there's one man who wants to go into detectives who has experience, but removing him from patrol will make them short in the field. Councilman Asting asked if they should delay the appointment and Sergeant Lenz said he should look into it. Councilman Asting suggested that Sergeant Lenz make a recommendation of his choice and Sergeant Lenz said he'd come up with a reasonable solution to the problem as a group effort. -2- Council Regular Meeting Minutes January 21, 1985 .' ~ ~ o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilman Inman stated that when they get another person in the detective division, it's possible vehicle #311 can be reworked with the steering system stabilized and realizing that it will not be high speed chase. He added that he'd asked Mr. Earl Copeland to check into this to see if it's feasible and financially possible to get the vehicle checked. Mayor Baugh said he talked to Mr. Copeland that afternoon and the Ford is in better shape than the #311 Aspen and he suggested they could fix up #311 for the Code Enforcement Officer. Councilman Inman said he was concerned about #311 being on the road plus it has high mileage. Mayor Baugh suggested they see what's in the best shape and let the Code Enforcement Officer have it and then sell the other to the salvage yard. Councilman Inman agreed. Councilman Inman stated that weapons and leather specifications should go out on sealed bids, in compliance with the union contract, and Sergeant Lenz had told him they could draw up the specifications and submit it to the City for consideration and approval. Mayor Baugh noted that Sergeant Lenz had talked with him and they don't want the patent leather, and asked if they want the specifications brought back to Council. Councilman Inman agreed and said it has to comply with the union contract. Mayor Baugh asked Sergeant Lenz to draw these up. Councilman Inman said he was asked about an auxiliary force status as the last one was abolished several years ago and the former Council tabled it to turn it over to this Council and now it's up to Council to determine if they want it or not. Mayor Baugh asked Sergeant Lenz if he sees a need for an auxiliary and Sergeant Lenz replied that at this time with the amount of problems and equipment they have to work with, it would be difficult to implement an auxiliary program. Mayor Baugh noted that it was done away with before because they only had one function which was July 4th and the insurance and liability for the City didn't make it feasible to have an auxiliary. Sergeant Lenz sated that it would be difficult to have one or create one now but it might be necessary later on. Mayor Baugh asked for a motion to TABLE this until a later date when the Police Department can get back with them, when they determine if they need it or not. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated that they had a negoti- ating session with South Florida Natural Gas Company which was very beneficial and he thanked their attorney and their representative, Mr. Morgan, and suggested that since the Ordinance regarding the franchise is later on the agenda that it be moved up for their benefit. Mayor Baugh asked if Council had any objection to moving Ordinance 85-0-4 up on the agenda at this time and no Council member expressed an objection. ORDINANCES AND RESOLUTIONS Ord. 85-0-4 South Florida Natural Gas Company Franchise - City Attorney Alvarez read this Ordinance and stated that it's first reading. ORD. 85-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, GRANTING TO SOUTH FLORIDA NATURAL GAS CO., A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE OPERATION OF A GAS DISTRIBUTION SYSTEM IN THE CITY OF EDGEWATER, FLORIDA; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR F~~CHISE PAYMENTS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt Ordinance 85-0-4. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Reports - City Clerk Kinsey stated that plans for the bike path are completed and the utilities companies have been contacted regarding moving of the poles and they've submitting the application to Volusia County for the Use Permit and are at the point for Council authorization to go out for bids on the entire project. Councilman Asting asked if they have specifications for the concrete work and City Clerk Kinsey replied yes, they're on the plans. Council- man Inman moved to go out for bids on this project. Councilman Prater seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes January 21, 1985 : o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES(Continued) Deputy City Clerk re: Home Occupational License Application - City Clerk Kinsey read the January 16th memo from Mrs. Susan Wadsworth, Deputy City Clerk, which stated that Mrs. Mary Wenzel couldn't agree with all the criteria for a home occupational license. Mrs. Wenzel came forward to speak with Council. She noted that she is actually making ceramics, pouring them and using the kiln and taking them to craft shows to sell. Councilman Prater asked if she'd be selling them out of her home and Mrs. Wenzel replied no and nobody will be coming to the home, and she works out of her garage. Councilman Prater asked if she has a large inventory and Mrs. Wenzel replied no because she doesn't have the cash available but makes just enough for another show. Councilman Rotundo asked if she'd keep making them at her home if the business enlarges and Mrs. Wenzel replied no. Councilman Prater asked how many times she uses the kiln and Mrs. Wenzel replied it's about 6 to 8 times a year. Councilman Prater asked the type of fuel and Mrs. Wenzel said it's electricity. Councilman Asting asked if it's similar to a hobby and Mrs. Wenzel replied it's a glorified hobby but her health prevents her from working away from home. Mayor Baugh asked if anyone will be coming to the house and Mrs. Wenzel replied that nobody will be coming to the house and she'll be picking up her own supplies. Councilman Rotundo moved to grant this home occupation request on the condition that the Code Enforcement Officer goes over there 8 months from now to see how large an operation it is. Councilman Prater seconded the motion. Motion CARRIED 5-0. Police Department - Procedure for filling Police Chief position - Councilman Prater suggested they screen the present Police Department to see if there's a qualified person to be Police Chief. Councilman Asting suggested they continue the way they are for the present, with Council keeping a close eye on activities to be sure everything goes along well and make a judgement after a period of time to see if they want to promote one of their own people. He added that the Sergeants are doing a good job and he'd prefer to promote from within with someone who's qualified and is knowledgeable of the City and the department. Councilman Inman agreed it's best to promote from within and added that he'd expressed his feelings when he met with members of the Police Department. He noted that some had expressed their concern of loss of pro- tection from the union if they'd be selected as Chief but he felt they could work out some terms. Councilman Inman said he agreed with Councilman Asting to let it roll for awhile and come back at a later date to see if one of them desires to become a Chief. Mayor Baugh asked if they want to advertise to see what they'll get and Councilman Asting said they shouldn't advertise unless they're going to hire because it's a waste of money. Mayor Baugh asked the length of time and Councilman Rotundo said he felt six weeks should be sufficient. Mayor Baugh stated that they could reevaluate them in six weeks and Councilmen Inman and Asting said they had no problems with that. Parks and Recreation Department - Request for authorization to go out for bids for Menard-May Park Project - Mr. David Garrett, Recreational Director, stated they have authorization from the State to go out for bids and they've approved the site plans. Councilman Prater moved to approve the permission to go ahead with the bids. Councilman Inman seconded the motion. Motion CARRIED 5-0. Parks and Recreation Department - Recommendation on future park site - City Clerk Kinsey read the January 16th memo from Mr. David Garrett regarding his recommendation to purchase the 14 acres south of the City with recreation impact fee monies. Councilman Asting asked if there are sufficient funds to cover this project from the recreation impact fund and City Clerk Kinsey replied yes. Councilman Rotundo moved that they make a contract with the owners to purchase this property. Councilman Prater seconded the motion. Councilman Rotundo asked Mr. Garrett if the sellers want the entire amount this year and Mr. Garrett replied that they'd like a lump sum. Councilman Asting asked about the legal aspects for this proposed transaction and City Attorney Alvarez said he saw the appraisal,which is the asking price,and it's 1982 value so it's a good buy but it's a business decision. Councilman Rotundo asked if there are any other costs to the City besides the $60,000.00 Mr. Garrett stated that the asking price is $60,000.00 but they want $62,000.00 if they have to pay legal fees and closing costs. Motion CARRIED 5-0. City Attorney Alvarez clarified that the motion was to enter into a purchase agreement and bring it back to Council after the price has been negotiated and insurance and abstracts done. Councilman Rotundo agreed that would be per his motion. -4- Council Regular Meeting Minutes January 21, 1985 o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Building Department request for addition to building - City Clerk Kinsey read the request from the Building Department for an addition to the east of the existing facilities. Councilman Asting asked Mr. Dennis Fischer, Building Official, if he'll hire a masonry contractor for the walls and Mr. Fischer replied that he's contacted a masonry and concrete contractor and is waiting for the air conditioning bids and the City crews will do the rest. Councilman Asting asked what City crews he'll use and Mr. Fischer replied that it's Mr. Garrett's crew and he has a very competent carpenter. Mayor Baugh asked if he'd have heat with the air conditioner and Mr. Fischer said it will probably be strip heat but he can price the reverse cycle. Councilman Prater asked if the south wall of the men's restroom will be closed in and Mr. Fischer replied yes and there's adequate ventilation to the east for the restrooms. Councilman Rotundo asked where the money is coming from and City Clerk Kinsey pointed out that they'd budgeted $6,000.00 for a vehicle and he'd rather abandon that project at this time and build the building. Mayor Baugh noted that if they get the old vehicle from the Police Department they won't need the vehicle. Councilman Prater moved to grant the request to go ahead with the project. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked how long this will take and Mr. Fischer said he thinks 4 to 6 weeks. Library Board recommendation to reappoint two members (expiration of terms) Councilman Rotundo moved to grant this permission to reinstate Mrs. Dudley and Mrs. Shafer. Councilman Asting seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board request to put picnic tables, benches, walkways and shrubbery at "Duck Lake" on 16th Street - City Clerk Kinsey read the January 14th memo from Mr. Kirk Jones, Chairman of the Parks and Recreation Board. Mayor Baugh asked Mr. Garrett if the benches and tables would be at the end and Mr. Garrett replied it would be the east end of Duck Lake. Councilman Prater asked if they might need some fill before they put these in and Mr. Garrett replied that they'll shoot the elevation and see just what's needed. Councilman Rotundo moved to go along with this project. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board recommendation to appoint negotiator for recreational property - City Clerk Kinsey read the January 14th memo from Mr. Kirk Jones, Chairman of the Parks and Recreation Board, which recommended that Mr. David Garrett be appointed as negotiator for recreational property. Councilman Rotundo said he thought that was what they were doing earlier and City Clerk Kinsey noted that it was only for the one property. Councilman Rotundo made that a motion, and Mayor Baugh noted that it's to give Mr. David Garrett the authority to negotiate for purchases. Councilman Prater seconded the motion. Motion CARRIED 5-0. Industrial Development Board request for aCcess to industrial land north of Park Avenue - City Clerk Kinsey read the January 10th memo from Ms. Doris Massey, Chairman of the Board. Councilman Asting suggested that since the next item on the agenda is also regarding FEC that they also talk to the representative at the same time about opening up Dale Street. He noted that the spur line is in a decrepit condition and should be abandoned and perhaps the railroad will give access to the property north of the spur. Mayor Baugh agreed they could cover both items at the same meeting. Councilman Asting reviewed that the former Council tried this but got nowhere. City Clerk Kinsey then read the next item on the agenda. Industrial Development Board ,request for Board chairman and Mayor or Council member to meet with FEC representative - Mayor Baugh said he'd talked with Ms. Massey to see if she'd contact FEC to set up a meeting and they need to appoint someone to meet with Mrs. Massey and FEC, plus the City Clerk. Councilman Rotundo asked Councilman Asting if he'd be willing to take this task and Councilman Asting agreed he would since he's familiar with it. Councilman Rotundo made that a motion. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked Mrs. Massey to arrange the meeting and asked Councilman Rotundo if the City Clerk was included and Councilman Rotundo agreed she was. Councilman Asting stated that he'd like the meeting in Edgewater if at all possible. -5- Council Regular Meeting Minutes January 21, 1985 o o COMMUNICATIONS Doris Massey, Realtor, request to vacate buffer strip for planting purposes, and dedicate same for street purposes - City Clerk Kinsey read the January 15th letter from Ms. Doris Massey, Realtor. Mayor Baugh asked City Attorney Alvarez for input. City Attorney Alvarez pointed out that later they have an ordinance redesignating one section from buffer to street use and perhaps Council would like to look at these together if it doesn't hinder anyone. He noted that Council has to be aware of the impact of the action if they decide to do it, such as direct and indirect benefits to the people, traffic, etc. Mayor Baugh asked Ms. Massey if they were to incorporate this into one ordinance if it would hinder the sale of property. Ms. Massey said she felt it would be all right to incorporate it in the one they're doing tonight and she knows it will delay things but would like to go with it. City Attorney Alvarez noted that he has two trials coming up which will take a lot of his time and there's no problem with continuing tonight. Ms. Massey said she researched each one of these and furnished the attorney with the maps of Florida Shores with them drawn in yellow and it shouldn't take long. Council- man Asting moved to turn this over to the City Attorney for his recommendation. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez suggested he get input from the administration as to whether this is beneficial and to what extent, for those items of an administrative nature. Petition from Evergreen Drive residents requesting paving of street - City Clerk Kinsey read the petition signed by 11 residents of Evergreen Drive. Councilman Asting moved to TABLE this for a Special Meeting and Workshop, as he understands Mr. Copeland has a list of the streets that need paving and resurfacing, on a priority basis, and Council should discuss this and possibly make a decision to pave or resurface certain streets, based on Mr. Copeland's recommendation. Councilman Inman seconded the motion. Motion CARRIED 5-0. Petition from Fern Palm Drive residents to repair and resurface street south of Indian River Boulevard - Councilman Asting stated that he intended to include this in the motion regarding the prior petition and suggested they set a date and time for the Special Meeting and Workshop. Mayor Baugh suggested Monday, January 28th, at 3:00 P.M. to discuss the paving and resur- facing of roads, and Council members agreed. Chamber of Commerce Hospitality Committee re: Employee of the Month - City Clerk Kinsey read the January 16th letter regarding New Smyrna Beach and Edgewater alternating each month and naming an Employee of the Month by division. She noted that two of our departments aren't mentioned, the Parks and Recreation and Building Departments. She added that she'd tried to contact the writer of the letter but hadn't reached her yet. Councilman Asting moved to TABLE this until she can get in touch with the Chamber of Commerce to see if they can include the two departments. Mayor Baugh pointed out they are coming up on a deadline of February 1st and suggested they authorize the City Clerk to go ahead with this and make arrangements with the different departments and see which department they could be included with. Councilman Asting agreed and no Council member expressed an objection. Donnie H. Williams request for rezoning from R-3 to B-3, 119 Park Avenue - City Clerk Kinsey read the January 11th letter from Mr. Williams. Mr. Williams told Council that he didn't expect a decision from them at this meeting but he'd appeared before the Planning and Zoning Board at their last meeting and they tabled this. He suggested that Council look at this from an overview rather than for one location because there are 14 non-residental activities from Riverside Drive to U.S. 1 and only about 4 residences. Councilman Asting pointed out that the request will be taken up by Planning and Zoning at their next meeting and they'll make a recommendation to Council. The location of the house was reviewed and Mr. Williams noted that this has been excess property for several years and older people are afraid of the siren at the tower and that the tower might fall over, so it would be better if it were rezoned to commercial. He suggested that Council look at the property. -6- Council Regular Meeting Minutes January 21, 1985 : o o . . COMMUNICATIONS (Continued) William Cichewicz re: issuance of City licenses and enforcement of City codes by Building Official - Mr. Cichewicz reviewed the threats to his person, bricks thrown through his showroom window, and assorted acts of harassment and intimidation. He stated that this all came about because he asked a neighbor to cooperate by not having his employees park in front of his store, causing his customers to be prohibited from parking at his business. He said when he didn't get cooperation from the individual, he turned to the City to get limited parking in front of his store, and he later found there had been a number of complaints against this business usurping the parking of other businesses in a similar manner. He said the abuses as stated earlier were the result of his going to the City. He stated that he asked Dennis Fischer, Building Official, to enforce the Code regarding the display of sale items along the sidewalk. He reviewed the violation of this Code by Personal Touch, and also the fact that when a property line was being determined he had to point out to the Building Official the setback. He stated that Mr. Fischer had selective interpretation of the Codes, rather than enforcement, and permitted a fence to be erected between the two properties, and the crossway had been an exit for his property for 25 years. He read from page 1630, Section 706. of the Code regarding fences not being permitted along a corner lot, and said this fence will set a precedence and allow fences across parking lots elsewhere in the City. He stated that they've allowed fences on corner lots along Indian River Boulevard, despite the Code. He referred to the petition presented to Mr. Fischer on November 19, 1984, signed by the abutting property owners of the Van Winkle property, which Personal Touch rents, listing 11 violations of the Code. He noted that Mr. Fischer replied to the petition with a letter dated December 5, 1984 and sent to him and not the other signers of the petition, and none of the items Mr. Fischer since stated were done had been done at that time. He stated that later in December, Mr. Fischer, with the assistance of Sergeant Westfall, got Personal Touch to comply with correcting some of the violations. He reviewed the storage of junk and debris at Personal Touch and asked why Mr. Fischer enforces the Codes along his property and then violates them next to Mr. & Mrs. Sedwick's property, Mr. Cichewicz asked Mr. Fischer why U.S.l Auto Electric can service cars under a sun roof when the Code requires it be in an enclosed building. Mr. Cichewicz stated that issuance of City licenses is contrary to one another and the Building Official is responsible to check for conformity to Codes and he said the City had originally issued a restrictive license to Mr. Van Winkle for the five inside bay areas and to three employees, and then issued a three- employee license to Personal Touch in the same building, which then allowed six employees, but a newspaper article stated that they employed 17 people at Personal Touch. Mr. Cichewicz contended that the City, through thoughtless issuance of occupational licenses and selective or non-existent enforcement of the Code~ has created a situation which infringes upon his ability to effectively conduct his business as well as cause a hardship in regard to the renting of his property for income purposes. He added that it created a situation where his person and property have been threatened by an individual who has such little regard for the City that he parks daily in a restricted parking area and is abetted by the Building Official. Mr. Cichewicz requested the Council look into the validity of his complaint and if necessary, allow him to bring it to the Code Enforcement Board as has been denied him by Mr. Fischer. Councilman Inman noted_ there were a lot of charges and he questioned the fence being erected on a corner lot as he doesn't think it's the corner. Mayor Baugh asked Mr. Fischer about the fence and Mr. Fischer said the fence is a separation between two property owners and under his interpretation of the fence ordinance, a property owner has the right to fence his adjacent property to the property line and he permitted for that use. -7- Council Regular Meeting Minutes January 21, 1985 ~ . . o o . . COMMUNICATIONS (Continued) William Cichewicz re: issuance of City licenses and enforcement of City codes by Building Official (Continued) - Mr. Fischer noted that about six months ago he'd requested the Planning and Zoning Board to look into the present fence ordinance but got no response so it was left to his interpretation and he feels fencing would be along with visibility and being 50 feet back from an intersection. for safety reasons. He reviewed the requirements for fences. Councilman Asting noted that there were two letters included in the packet and one was to Personal Touch advising if he didn't cooperate it will be taken to the Code Enforcement Board. He asked if Mr. Comerate cooperated, and Mr. Fischer replied that he got almost 100% from the parties involved when he got a chance to talk with them and met with no resistance plus they successfully removed material, debris from the rear areas, roof areas, and the mulch. He pointed out that Mr. Jones, Assistant Code Enforcement Officer, is a State certified fire inspector and he observed this and it was done to his satisfaction. Councilman Asting asked if it was removed prior to going to the Code Enforcement Board and Mr. Fischer replied yes, it was done prior to turning it over to the Board. Mr. Cichewicz stated that at no time did Mr. Fischer come to him to discuss the problems,and regarding the petition, he was told Mr. Fischer would advise him when he'd gone over them but it was obvious from his letter that he didn't look at it. He said eventually the mulch was removed from his property but it's still to be removed from Mr. Sedgwick's property, and the debris and junk motors have yet to be removed. He said it was removed from his property but then put it alongside Mr.Sedgwick's property which is still a violation, and Personal Touch did not respond within the ten days and then had to be requested to remove it from two additional spots when they were told to remove a sign. He asked about the parking situation that exists and said he was advised by the Board of Adjustments to come to Council because of the existing parking problem due to the number of licenses issued. He said the parking was not addressed by Mr. Fischer in any way. He added that the Board of Adjustments washed their hands of this and told him to bring it to Council. He requested Council to go over all the information, including the Codes listed, and he'll come back for their decision as to whether Council should take action or if he should go to the Code Enforcement Board. He pointed out that they don't have a toilet facility that they're operating a business out of, and fences were permitted on corner lots, on his proerty and Mr. Van Winkle's. Councilman Inman questioned how it could be a corner lot as the fence runs east and west approximately in the middle of the block. Mr. Cichewicz replied that it's a corner lot and he can draw it for them if they'd like. Mayor Baugh said he doesn't like smart answers and Mr. Cichewicz replied that he didn't think it was a smart answer. Mayor Baugh said he feels the property between lots is not a corner lot and the corner would be at U.S. 1 and Park Avenue, and asked the City Attorney for an opinion. City Attorney Alvarez identified that what's before Council is a request from Mr. Cichewicz to the extent that he isn't in agreement with the decisions of the Building Official but in the matter of interpretation and application of City Codes, the decision of the Building Official is the one that must be followed unless it's clearly one that is erroneous or illegal, but that dis- cretion lies with the Building Official. He added that Mr. Cichewicz is asking Council to look over the items and go over the particular Code sections to see if these are Code violations that have been neglected by the Building Official, but this is not the role of a governmental body such as the City Council and they have a Code Enforcement Board and administrative arms of the City. He stated that if it's just a disagreement with the Building Official, the next step to take is to challenge his decisions in court, but if it's an item that he contends is a violation of the City Codes, the Code Enforce- ment Board is the Board to determine if there's a violation and not the City Council. He added that the Council should only be concerned with legislative matters and not administrative and he wanted that to be clear, due to past litigation against the City. He noted that disagreement with interpretations happens a lot of times. Councilman Rotundo moved to take the advice of the City Attorney. Councilman Prater seconded the motion. Motion CARRIED 5-0. There was a review of the procedure for Mr. Cichewicz to follow to file a complaint with the Code Enforcement Board. Mr.Cichewicz apologized if he gave the impression of a flip answer. -8- Council Regular Meeting Minutes January 21, 1985 ; -" o o ORDINANCES AND RESOLUTIONS Ord. 85-0-2 Rezoning Lots 5, 6, 7, 8, 9 of Block 2, Resub in River Edge Acres, on Lincoln Road - City Attorney Alvarez read this Ordinance. ORD. 85-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF LOTS 5,6,7,8 & 9, BLOCK 2, RESUB IN RIVER EDGE ACRES LOCATED ON LINCOLN ROAD WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF R-l TO R-2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE AMENDED TO REFLECT THIS CHANGE IN ZONING: CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated that this is first reading. Councilman Asting moved to adopt the ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 85-0-3 Redesignating 6 foot wide buffer strip in Florida Shores along 35th Street from planting strip to a right of way - City Attorney Alvarez read this Ordinance. ORD. 85-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REDESIGNATING A SIX (6) FOOT WIDE BUFFER STRIP IN FLORIDA SHORES ALONG 35TH STREET FROM ITS PRESENT USE AS A PLANTING BUFFER STRIP TO A RIGHT-OF-WAY; CONTAINING A REPEALER PROVISION; A SEVERA- BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated that this is first reading. Councilman Asting moved to adopt the ordinance. Councilman Prater 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 Counilman Asting moved to adjourn. Councilman Inman seconded the motion. Meeting was adjourned at 8:53 P.M. Minutes submitted by: Lura Sue Koser fiR,~Bt/ ~ COUN I~;i& firFwPJ&, CO NCILMAN~- ZONE TWO hu~'J-~ .~ COUNCILMAIt; ZONE REE -~~?~ ~0UNCILMAN - ZONE FOUR 2j~ ~ ~ 1J~ ~. ATTEST: I TY CLERK 4:it- App\oved this~da of '3JJ!.>-~ ' 1985. ~,~~ MAYOR -9- Council Regular Meeting Minutes January 21, 1985