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05-15-1989 - Regular '. -- ..."., CITY COUNCIL OF EDGEWATER REGULAR MEETING ~y 15, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Miracle, Friendship Baptist Church, delivered the invo- cation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Soecia1 Meetina and Workshoo of Aori1 20. 1989 - Councilman Hatfield moved they accept the minutes. Councilman Fish seconded the motion. Motion CARRIED 5-0. Soecia1 Meetina of Aoril 24. 1989 - Councilman Fish moved they accept the minutes as being true and correct. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. WorkshoD of April 26. 1989 - Councilman Gold moved for approval of the minutes of April 26. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Reau1ar Meeting of Hav 1. 1989 - Councilwoman Bennington moved they accept the minutes. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington asked if they could move Citizen Comments up to this point on the agenda since they'll be acting on the agenda ordinance later in this meeting. She then moved to move Citizen Comments to the #3 slot right now since they're going to go ahead and do an ordinance on it. Councilman Fish seconded the motion. Councilman Hatfield expressed concern that some people might come in later who wouldn't have the benefit of knowing this was changed and would not be able to speak. Councilwoman Bennington said she'd have no problems with doing it both places if someone comes in late. Councilman Fish withdrew his second and Councilwoman Bennington restated her motion to move the Citizen Comments before the Consent Agenda and any citizens that come in late tonight and who wish to speak can speak under the normal slot will be given the opportunity. Councilman Fish stated they will preclude anyone from speaking now from speaking later and Council- woman Bennington agreed. Councilman Fish seconded the motion. Motion CARRIED 5-0. 1 -., ..."" CITIZEN COMMENTS John Siburn, Connecticut Avenue, asked why the park on Park Avenue was named Rotary Park. He suggested parks in the City be named for individuals such as former Mayor Christy or someone who was of some value to the City. He asked if Rotary will be developing the park. Mayor Mitchum replied yes, and they were partially responsible for the $50,000 grant which Jack Ascherl assisted in obtaining. Walter Pageau, Edgewater Acres, stated the main drag from Park to Ocean Avenue has potholes and is an obstacle course. He said the City black topped the other end of the street and also painted a stripe around the curve. He also said that when a complaint was made, the City sent someone down and put in concrete poles, left them there about a week, and then came down and took all but three of them. He asked who was responsible for making decisions on the roads. CONSENT AGENDA Police DeDartment's reQUest for bids for breath testina machine: Purchase of fire brick for trash incinerator: Asbestos consultants oroDOsal for Phase III of asbestos removal from Citv Hall comolex: Recommendation on bids for Ci tv Hall asbestos removal: Fire Deoart- ment's reQUest for half insurance oremium for July 4th celebration: ReQUest for bids for Turaot Avenue road construction - Mayor Mitchum asked if there were any items to be removed. There were no requests. He asked for a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilman Fish moved they accept the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Readinal Ord. 89-0-11 Amendina Sections 200.00. 606.02 (a) (d) and 606.04 (c) rei outdoor disolav and storaqe - Mr. Powers read his May 11, 1989, Request for Council Action with a recommendation to adopt Ord. 89- 0-11 on first reading. City Attorney Alvarez read this Ordinance. Ord. 89-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, ARTICLE II, DEFIN- ITIONS; SECTION 606.02(a)(d); SECTION 606.04(c), BY CREATING A DEFINITION OF OUTDOOR DISPLAY; ESTABLISHING INTENT AND REGULATIONS FOR OUTDOOR STORAGE AS A SPECIAL EXCEPTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for adoption of Ordinance 89-0-11. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 89-0-12 Amendina Sections 200.00. 7-324. and 7-325 rei screen pool enclosures and setbacks - Mr. Powers read his May 9, 1989, Request for Council Action with a recommendation to approve Ordin- ance 89-0-12 on first reading. City Attorney Alvarez read the Ordinance. Ord. 89-0-12 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 200.00, "INTERPRETATIONS OF CERTAIN TERMS AND WORDS" AND SECTION 7-324, "LOCATION" AND SECTION 7-325, "ENCLOSURES" BY CLARIFYING AND CHANGING THE SETBACKS AND BY PROVIDING A DEFINITION FOR SCREEN POOL ENCLOSURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 89-0-12. Councilwoman Bennington seconded for discussion. She then read from the second page, Section 7-325, regarding pool enclosures and expressed her concern for the safety of children because they could go right through the screen. She questioned if they should require a fence and an enclosure. Councilman Fish pointed out that a child who could go through a screen would probably go over a fence. There was further discuss- ion and City Attorney Alvarez read an excerpt of 7-325 and suggested they may want to research the background. He noted that the Code requires fences and walls and it was an interpretation by the Building Department that screen rooms should be sufficient. 2 Council Regular Meeting Minutes May 15, 1989 '-" ..",.", Mrs. Lynne Plaskett, Acting Planning/Zoning Director, agreed. City Attorney Alvarez suggested they may want to insert that the bottom three foot be solid with aluminum. Councilwoman Bennington asked if they could add that if there's a fence or wall and it's just a screen, then the bottom three foot be solid. City Attorney Alvarez suggested it be sent to LDRA. Councilman Hatfield withdrew his motion and Councilwoman Bennington withdrew her second. Councilman Fish moved they send it back to LDRA for further research into safety aspects. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-13 Vacatina ten foot drainaae & utility easement. 402 Wildwood Drive - Mr. Powers read his May 10, 1989, Request for Council Action with a recommendation for approval on first reading. City Attorney Alvarez read this Ordinance. Ord. 89-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING THE TEN FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 133 AND THE NORTHERLY LOT LINE OF LOT 134, WILDWOOD SUBDIVISION, UNIT 3, MAP BOOK 35, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved they adopt 89-0-13. Councilman Gold seconded the motion. Motion CARRIED 5-0. Om. 89-0-14 Amendina Chanter 12.5. Parks & Recreation. bv creating Chanter 12.5-2. hours for parks and facilities - Mr. Powers read his May 9, 1989, Request for Council Action with a recommendation for approval on first reading. City Attorney Alvarez read this Ordinance. Ord. 89-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 12.5 "PARKS AND RECREATION" BY CREATING SECTION 12.5-2 "HOURS FOR PARKS AND FACILI- TIES"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they approve this ordinance 89-0-14. Councilwoman Bennington seconded the motion, and asked how they could enforce the sundown to sunrise provision at such places as Whistle Stop Park. Mr. Powers replied they have lighting and the patrols will watch for people in the area. Motion CARRIED 5-0. Om. 89-0-15 Amendina Section 2-26 "Order of Business" for Council meetinas - Mr. Powers read his May 9, 1989, Request for Council Action with a recommendation to approve on first reading. City Attorney Alvarez read this Ordinance. Ord. 89-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 2-26 "ORDER OF BUSINESS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE AGENDA FORMAT; CONTAIN- ING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved they adopt Ordin- ance 89-0-15. Councilman Fish seconded the motion. Motion CARRIED 5-0. Second Readina (Public Hearina) Ord. 89-0-8 Vacatina east 25 feet of Lots 6616 and 6617. Block 214. Coco Palm Drive (Norman Cox) - City Attorney Alvarez read this Ordinance. ORD. 89-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING THE EAST 25 FEET OF LOTS 6616 AND 6617, BLOCK 214, FLORIDA SHORES NO.7, MAP BOOK 23, PAGE 117, ALSO KNOWN AS COCO PALM DRIVE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested audience comments and there were none. He requested a motion to go from the public hearing back to the regular meeting. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. 3 Council Regular Meeting Minutes May 15, 1989 , '-" .""." Ord. 89-0-8 - Councilman Gold moved they approve Ordinance 89-0-8. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. UNFINISHED BUSINESS Replacement of City Manaaer - City Attorney Alvarez stated that on May 1st the Council directed him and the City Clerk to explore the possibilities of hiring an Acting or Interim City Manager as soon as possible. He said the Secretary of the Florida City and County Managers Association was contacted and asked to supply any avail- able names for the interim position. He added that four names were given and two declined any interim position and would be interested only on a permanent basis, the third was not interested, and the fourth already had a position. He said a fifth name then came into the picture but has now retired and couldn't be located. He stated that there are two organizations that specialize in providing interim management, one is PRIME who sent a proposal for providing an interim City Manager based on a salary of $44,000, at a fee of $400 per day plus expenses. He said the other organization is R. Gortnon and Company, Inc. who has a lot of experience, and they quoted a fee of $225 per day, plus $35 per day, plus 22 cents per mile, and actual housing costs. Councilwoman Bennington stated those fees are extremely high. She said that since the ads are out now, perhaps they could start the hiring process. She suggested the one ad that hasn't gone out have a change made to the deadline date to be June 16th rather than June 30th as the others had. She suggested they start reviewing applications in groups of 5 rather than getting all at one time. Councilman Fish agreed it would be a good idea to look through them as they come in. He suggested they add a minimum of 5 or 6 years experience in a City Manager type of business and because the State of Florida is unique and complex, they should have someone experienced in Florida who's familiar with our laws and the regulatory agencies, and also someone with experience in major projects such as our CIP. Councilman Hatfield also agreed they should look at the appli- cations as they come in. Mayor Mitchum had no problems with that. Councilman Gold stated they should get on with it. Councilwoman Bennington moved that they change the advertising in the ad that wasn't published yet to the cutoff date of June 16th and begin the hiring process by setting up workshops and reviewing applications as they come in, in groups of 5 or 8, so that by the end of June they'll be ready to get on with the hiring process. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington stated she felt very strongly, as she'd stated before, that it's not good for the City to maintain a City Manager who's resigned and that was the idea of checking on an Interim City Manager. She suggested they consider John Siburn's recommendation regarding Susan Wadsworth having the responsibility on a temporary basis. She moved they confer on Susan Wadsworth the title of Acting City Manager with the Mayor present during business hours to assist and maintain the continuity or consistency until a permanent City Manager is hired. She added that would make him a strong Mayor. Mayor Mitchum asked the City Attorney's opinion. City Attorney Alvarez pointed out this has been done in the past with the Acting position conferred on the Clerk and it's been a precedence in other jurisdictions. He said when he prepared the memo to Council on the different forms of government, he read a legal opinion from the Attorney General that as long as it was a temporary measure it would not create dual office holding conflict while Acting. He suggested they may want the Mayor, Vice Mayor, Acting Mayor, or any Council member on a rotating basis to assist as long as it's strictly a temporary measure. He recommended they have an outside date maximum and in the meantime they'll review the applications and when June 30th is here, they'll be into the selection process. Councilwoman Bennington stated the second Friday in July would be a maximum of two months in this mode. Councilman Hatfield asked if the Mayor could take two months away from his job. Mayor Mitchum replied this had taken him by surprise 4 Council Regular Meeting Minutes May IS, 1989 '-" "WI but he has vacation time coming and would be happy to take it. He added that his employer knew there would be times he'd be called upon to do specific duty, and he could utilize his vacation and could take a leave of absence. Councilman Hatfield suggested a special meeting or workshop on this to allow time for the Mayor to talk with his employer. Mayor Mitchum stated his first commitment is to the City of Edgewater. He pointed out the City Attorney is going on vacation. Councilman Hatfield suggested it might be advantageous to go to the strong Mayor form of government. He pointed out that Susan Wadsworth is very busy and she can only take so much, so with the strong Mayor they may be in better shape. Councilwoman Bennington stated that they're not going to the strong Mayor form of government and they'd give Susan Wadsworth the title of Acting City Manager and the Mayor would be to back her up and give her assistance on a daily basis. Councilman Hatfield asked if there would be a salary for the Mayor if he's willing to be here more full time than not. Mayor Mitchum agreed that a leave of absence will not allow him to continue to be paid. There was discussion about the current salary of the Mayor. Councilwoman Bennington suggested they address the motion first and then work out details at a special meeting this week. Councilman Fish seconded the motion for discussion, and asked the City Attorney the relationship of the Mayor to the Council if he were to be appointed to work hand in hand with the City Clerk to fulfill the City Manager's duties. City Attorney Alvarez replied that he wouldn't be acting in that capacity and will assist the City Clerk and contacts will be through her as she'll be the Acting City Manager. Councilman Fish suggested that if it becomes a burden to the Mayor, they could appoint someone else to perform such duties as assisting the City Clerk, as they don't want to commit the Mayor to where it will jeopardize his present employ- ment or debilitate him financially. Norman Billups, from the audience, called a point of order. Mayor Mitchum informed him it was not appropriate at that time. Motion CARRIED 3-1. Councilman Gold voted NO and Mayor Mitchum abstained from voting. It was agreed to meet on Tuesday, May 16th, at 7 P.M. in the Library. City Attorney Alvarez pointed out the motion is in place and the action is final and official subject to working out details the next day. Norman Billups, 1860 Pine Tree Drive, suggested they consider the people who voted for a professional City Manager as this will not fulfill the voters' desires. He questioned the rush to get rid of the present City Manager. He pointed out it can be quite costly to get another City Manager. He asked they be cautious in selecting an Interim City Manager and that they advertise in pro- fessional magazines. Councilwoman Bennington pointed out they're advertising now in professional magazines for a full time perman- ent City Manager and are appointing Susan Wadsworth as Acting City Manager until such time as they hire a permanent one. Mr. Billups stated they voted for a City Manager and not a City Clerk. Councilwoman Bennington stated that Susan Wadsworth and the Depart- ment Heads and the Mayor can handle the stop gap measure. Mr. Billups asked why Councilwoman Bennington is in such a rush and what she has against Mr. Powers' serving for awhile longer. Councilwoman Bennington replied she'd answered that at numerous times in the past several months. Conveyance of riahts of way alona Indian River Boulevard for bike oath - Mr. Powers read his May 8, 1989, Request for Council Action wi th a recommendation to direct the City Attorney to draft the papers to convey the property for the bike path. Councilman Gold stated that he's heard over the years that Magnuson Corporation has requested a lot from the City and was not willing to give anything and this concession is an example. He pointed out they've adopted a policy of not vacating unless it's to the benefit of the City and they're recommending vacating. He suggested each item be negoti- ated separately. He questioned what concession will be made to the 5 Council Regular Meeting Minutes May 15, 1989 '-" ~ individual homeowner who has to give up the land. City Attorney Alvarez suggested they have input from Land Development and Regu- latory Agency and have a workshop to assess the pro's and con's of each item. He noted that the final question is if they want a bike path or if they go to condemnation or forget the whole idea. He noted that it's taken more than a year for the written conditions. Councilman Hatfield suggested they have a workshop with LDRA or a special meeting. Councilwoman Bennington suggested they send them the letter in advance and then meet with them, and the Attorney and Engineers could be there. After discussion of available dates, it was determined Wednesday, June 7th, would be the date. Councilman Gold stated that he'd be out of town from the 6th until about the 26th of June and will miss one regular meeting. Councilman Hatfield moved to set up a workshop for June 7th at 7:00 p.m. and special meeting also for this bike path. Nancv Blazi, LDRA Chairman, asked if their board could have the opportunity to review it before the special meeting so they could be prepared. Councilman Hatfield added to his motion to invite the representa- tives from the Magnuson Corporation. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Recommendation on bids for waae and classification study (Tabled ADril 17. 1989) - Mr. Powers read his May 11, 1989, Request for Council Action, with a recommendation to accept Cody & Associates. Councilwoman Bennington moved to remove this from the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved they award the proposals to Cody & Assoc- iates not to exceed $5,000. Councilman Gold seconded the motion. Councilwoman Bennington asked if they're holding off a paid Fire Department for the wage and classification study. Mr. Powers replied that was one of the agreements reached with the Volunteer Fire Department in order to establish a competitive salary. Councilwoman Bennington said that when they discussed the part time positions the question was asked if that study would include the part time positions and she thought the answer was they'll only study what is in existence unless they are specifically asked for something else. Mr. Powers stated there are positions not in existence now they'll be asked to study. Council-woman Bennington asked if that will be requested and Mr. Powers replied yes. Motion CARRIED 5-0. NEW BUSINESS Land Develooment & Reaulatory Agencv's recommendation to amend Section 706.00 Fences. walls and hedaes - Mr. Powers read his May 8, 1989, Request for Council Action, with a recommendation to direct the City Attorney to draft the ordinance implementing the changes as recommended by LDRA. Councilwoman Bennington moved they accept alternative 1. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 89-R-27 Intent to vacate 10 ft. drainaae and utility easement. 402 Wildwood Drive - Mr. Powers read his May 10, 1989, Request for Council Action, with a recommendation to accept alternative 1 adopting the resolution. City Attorney Alvarez read the Reso- lution. RES. 89-R-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE THE TEN FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 133 AND THE NORTHERLY LOT LINE OF LOT 134, WILDWOOD SUBDIV- ISION, UNIT 3, MAP BOOK 38, PAGE 35, PUBLIC RECORDS OF VOLUSIA COUNTY, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-27. Councilmn Gold seconded the motion. Motion CARRIED 5-0. 6 Council Regular Meeting Minutes May 15, 1989 "'-' ..., Res. 89-R-37 ADDointina one member to Parks & Recreation Board - Mr. Powers read his May 10, 1989, Request for Council Action, with applications attached for Council's decision. Councilman Fish nominated Kirk Jones. Councilman Hatfield agreed and there were no other nominations. Councilman Fish moved they reappoint Kirk Jones to the Parks and Recreation Board. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read the Resolution. RES. 89-R-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Kirk Jones for the appointment for a three year term to end May 17, 1992. Councilman Fish moved they accept 89-R-37. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 89-R-38 ADDointina one member to Citizen Code Enforcement Board - Mr. Powers read his May 10, 1989, Request for Council Action, with applications attached for Council's decision. Councilwoman Bennington nominated Joan Strong. There were no other nominations. Councilwoman Bennington moved they appoint Joan Strong to the Citizen Code Enforcement Board. Councilman Gold seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read Resolution 89-R-38. RES. 89-R-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Joan Strong for a three year term to end May 18, 1992. Councilwoman Bennington moved they adopt Resolution 89-R-38. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 89-R-39 ADDointina one member to Merit Board - Mr. Powers read his May 10, 1989, Request for Council Action, with attached appli- cations for Council's decision. Councilman Fish nominated Marvin Owens for reappointment to the Merit Board. There were no other nominations. Mayor Mitchum suggested a motion to appoint Marvin Owens. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read the Reso- lution. RES. 89-R-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Marvin Owens for a three year term to end June 3, 1992. Councilman Hatfield moved they accept Resolution 89-R-39. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 89-R-40 ADDointina one member to Industrial Develooment Board Mr. Powers read his May 10, 1989, Request for Council Action, with attached applications for Council's decision. Councilman Hatfield nominated Chester Boyce. Councilman Gold nominated Raymond Gagnon. Councilman Fish nominated David Koch. Councilman Gold stated that on Citizen Code Enforcement Board they have to reside in the City and these are out of the City. Councilman Hatfield pointed out that as long as their business is in the City, they can be a member of the Board, such as the Chairman, who doesn't live in the City but his business is here. Councilman Gold asked why it's not that way for all boards. Roll call on Chester Boyce was 3-2 with Councilman Fish and Councilman Gold voting NO. Roll call on Raymond Gagnon was 1-4 with Councilman Gold voting YES. Roll call on David Koch was 1-4 with Councilman Fish voting YES. Ci ty Attorney Alvarez read the Resolution. RES. 89-R-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR 7 Council Regular Meeting Minutes May 15, 1989 .... ...., RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Chester Boyce for a term to end April 8, 1992. Councilman Hatfield moved they accept Resolution 89-R-40. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS (This item handled earlier on the agenda also - see page 2 of these minutes) . John Siburn, Connecticut Avenue, stated the use of the public school baseball field will terminate soon and they could put a field on Park Avenue. Mayor Mitchum noted there are a couple of fields designated there. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manaaer - Mr. Powers stated they should have a report for the next meeting on the sound improvements for the Community Center and they're talking about some pretty extensive changes. Mr. Powers stated the FCCMA Conference is the 17th to 19th and all the reservations have been made for that. City Council - Councilman Hatfield stated he'd talked with the area representative for Rails for Trails and she informed him their plans are in the formation stage and they're looking at starting at 442 and going south. He said he'd volunteer to be a representa- tive of the City. Councilman Fish made that in the form of a motion. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington asked the City Manager if he'd talked with the City Attorney regarding the meeting with Frank Ferguson about Shangri-La. Mr. Powers said he gave him the information as he came in but he was busy. Councilwoman Bennington stated it's in legal hands. City Attorney Alvarez noted that his advice to the City Manager was that the record already shows the City's refusal to accept the dedication of the streets for maintenance, but the Manager can go on record and restate the position. He added that they had a meeting with R. A. Coleman and others 3 or 4 years ago. Gerrv Hartman, Vice President, Dyer, Riddle, Mills & Precourt, Inc., stated they have a letter to Mr. Coleman pointing out the deficiencies and the second letter was for specific improvements and he has 30 days to respond. He added that he's been put on notice and if he doesn't respond, they can take enforcement action and fine him. Councilman Fish stated there's a prospective employer looking to locate in the community just outside the City limits at Massey Air Park and it's an aviation type business and well suited to that area. He said it will be about 100,000 square feet employing about 200 employees with probable doubling in about 5 years. He said one of the commitments the employer is looking at would be for water and sewer service. He suggested Council consider this as it would be a very beneficial addition to the community. He noted that the time frame is 12 to 18 months before they'd be in full swing and would look to open up on a shorter time frame on a smaller scale. Mayor Mitchum stated that Land Development and Regulatory Agency made a recommendation May 11th and Council has a request from Higgenbotham for a sale at the shopping center. He read the conditions recommended by LDRA for a permit of this type, noting the recommendation will be on the next agenda to put in a formal policy. He noted that there were no complaints from the business people or Police and they probably brought other business in. He recommended Council grant Higgenbotham Chevrolet Olds their request for the 19th, 20th, and 21st sales as per the last guidelines they 8 Council Regular Meeting Minutes May 15, 1989 "W' ...", used. Councilman Hatfield made a motion on that, and said in talking with Higgenbotham they did what they wanted them to do without being asked and they left the rights of way clear and did a splendid job and limited the amount of cars. Councilman Gold seconded the motion. Councilman Fish asked the fee. Acting City Clerk Wadsworth noted it was $200 before. Mayor Mitchum suggested they go with the last one and address this later. Motion CARRIED 5-0. Mayor Mitchum stated the Florida Shores Property Owners Associ- ation held a beauty contest and the young lady who won has now been entered by the FSPOA in a Miss Teen Contest as Miss Edgewater and they requested sponsorship from 5 sources wi thin the City. He added that they asked the City for $75 to be recognized as Miss Edgewater in the Miss Florida Teen pageant. Councilman Fish stated that having her represent the City in a pageant of this type will generate good will and positive publicity. He moved they support the young lady with a contribution of $75. Mr. Powers noted it would be a public relations service. Mayor Mitchum stated it would be to the Florida Shores Property Owners Association. Councilman Fish agreed. Councilman Gold seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS None. ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Hatfield so moved. Councilman Fish seconded the motion. Meeting was adjourned at 8:55 p.m. Minutes submitted by: Lura Sue Koser ~ (/ C "I. c us e j COU~ ZONE THREE -"7! /I 1d COUNCILMAN - ZONE FOUR {ju/ (/ ATTEST: --L~;/ :t~ ACTING CI MANAGER Apprd.ved this /9 day _ Of!k~4}$L-- ~R 9 Council Regular Meeting Minutes May 15, 1989 --.--.----- " . '''O~f'' MEMORANDUM OF VOTING CONFLICT FOR ~~OUNTY. MUNICI~L, AND 'OTHER LOC[ :' PUBLIC OFFICERS 1 "Sl" ""n-FlRST NAMl--MIl)L>LE NAME NAMl OF 8OA.RD, C'OUNClL,COMMISSION, ~JTHORln. OR COMMITTEl Mitchum David L City Council MAILING "L>L>RlSS THE BOa.RD. COUNCIl.. COMMISSION, ,wTHORIH, OR COMMITTEE. ON 2946 Orange WHICH I SI:'.RVE IS " UNIT OF: Tree x'nn COUNH OTHER lOC"L AGENCY nn eOUNn N"ME or POLITICAL SUBDIVISION Edgewater Vol usia City of Edgewater D"TE O~ "HICH von OCCURREL> M' POSITIO" IS May 15, 1989 Mavor X ELECTIVl ....PPOINTlVE fi WHO MUST FILE FORM 8B This form is for use by any person serving at the coumy, city. or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting connict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by lay., you are encouraged to use it in making the disclosure required by lay., Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this rea~on, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES ELECTED OFfiCERS: . A person holding elective county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) b) whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKE' hy'publicl) stating to the assembl) the nature of your interest in the measure on which you are abstaining from voting; and WITHI!" 15 DAYS AFTER THE VOTE OCCURS by completing and filtng this form with the person responsible for recording the minute~ of the meeting. who should incorporate-the form in the minute~ APPOI'TED OfFICERS: A person holding appointive count~. municipal. or other local publil: office MUST ABSTAIN from voting on a measure y.hich inure~ to his special pri\ate gain. Each local offIcer also i~ prohibited from knowingl~ voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any allempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the mailer in which you have a conflict of interest. PA(.l I (I I I II! \I -tl III NI, . )F YOU l<.fAKE NO AlTEMPT TO INr" . IENCE THE DECISION EXCEPT BY DJ"-IJSSION OR VOTE AT THE MEETING: ~\ ~~. ~ho~ld disclose orally the natu~f your conflict in the measure before pa~pating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF STAR OFFICER'S INTEREST I. n.vid L Mitshym . hereby disclose that on May 15. .19~: (a) A measure came or will come before my agency which (check one) / 5'~c-- __#a~ / ~ inured to my special pri\'ate gain; or _ inured to the special gain of . by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: U~I /MI',;.J Ie; /4f #~~~/tc -fPr -/r~ aT c--if. Ad! J/n/ ,.,..~ r- vV"",r c~-,r /-'C-r ~ ;2-.2-- r$C( i3~ c? ,#j?L Dale Filed Signal ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 6112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. CE FOR\! 88 . 10.86 PAGE 2