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02-21-1983 - Regular , . ..,. u u ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING FEBRUARY 21, 1983 MINUTES Mayor McKillop called the regular meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Excused Present Present Present City Attorney Jose'Alvarez Police Chief Earl Baugh City Clerk Nancy Blazi Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Councilman Spencer moved to adopt the minutes of the Special Meeting of February 2, 1983, Councilwoman Bennington seconded. Motion CARRIED 4-0. Councilwoman Bennington stated on page 5 of the minutes of the Regular Meeting of February 7, 1983, there was an error as to who had made the second to the motion regarding the Board of Governors. The minutes reflected Councilman Asting's name and it should be Council- woman Bennington. Councilwoman Bennington moved to adopt the minutes with this correction, Councilman Spencer seconded. Councilman Asting stated on page 2 the statement regarding Mr. Opal's request for mileage reimbursement should read he IIfelt the County should make this reimbursement...1I rather than the IICityll as stated in the minutes. Councilwoman Bennington withdrew her motion. Councilman Asting moved to adopt the minutes with these two corrections, Councilman Spencer seconded. Motion CARRIED 4-0. BILLS AND ACCOUNTS The bills and accounts had four supplements to the regular bills. Mayor McKillop suggested they be handled separately. The City Clerk read a February 10th memo from the Finance Director regarding a bill from Briley, Wild which the Finance Department had never received. The total is $583.26. Councilman Spencer moved to pay this bill, Councilwoman Bennington seconded for discussion. There was a discussion as to how the City could be assured the services had been performed. Motion CARRIED 3-1, Councilwoman Bennington voted NO. The next was a bill from Delta Business Systems from the Police Department in the amount of $275.00. Councilman Spencer moved to pay this bill, Councilman Asting seconded. Motion CARRIED 4-0. Councilwoman Bennington said that based on the audit where we were written up on purchasing procedures, she makes a motion that from this point on any employee who does not follow the purchasing procedure be reprimanded and it noted in his personnel file to stop this. Councilman Asting seconded the motion. Mayor McKillop feels it's too restrictive. Motion CARRIED 4-0. The City Clerk read a February 17th letter from the Finance Director regarding an insurance reimbursement from Jacob Lodico. This was a charge for use of a prescription card after Mr. Lodico's term of office had ended. Councilman Asting moved to have the City Clerk write a letter to Mr. Lodico informing him that we have this bill and we feel that payment is due from him to reimburse the City, Councilwoman Bennington seconded. Motion CARRIED 4-0. The City Clerk read a letter from the Finance Director regarding a past due balance to the News & Observer. There was a discussion regarding the use of the composing room by Mr. Ken Millard. The memo did not have a charge for the advertisements in question and Mayor McKillop said it would have to be referred back. Councilman Asting moved to TABLE this and direct the City Clerk to contact a representative of I.V.E. and find out what it is. Councilwoman Bennington seconded. Motion CARRIED 4-0. Councilman Spencer asked that the charge for the advertisements be determined also. Councilwoman Bennington moved to pay the regular bills and accounts, Councilman Spencer seconded. Motion CARRIED 4-0. u u Mayor McKillop stated he had a request to move the Nichols' Request for Quit Claim Deed up from Unfinished Business. Council had no objection. Nichols Request for Quit Claim Deed - Attorney Easterbrook was present to represent Nichols and Ogil Reed who are requesting a quit claim deed to a 40 ft. piece of property. Attorney Easterbrook reviewed the deeds issued in 1956 and 1966. There was a discussion regarding the abstract and the conveyance of the land. Mayor McKillop said the Planning Department took the legals for the three requests recently received for development bordering that same road and it puts the grocery on the same line as the professional buildings and the Harris building. Mayor McKillop asked if we have anything recorded that gives us possession of the 40 feet of New York Avenue where the road presently is. Attorney Easterbrook. replied that he didn't know as it would not appear in the abstract, as you1re asking about another piece of property to the east. There was a dicussion regarding the utility easement and Attorney Easterbrook said they'll do whatever is needed to keep that easement open. Mayor McKillop said that he still questions the parking as to how they arrived at 5 parking spaces without going to the Board of Adjustment or any other board. The City Attorney said he agrees with Attorney Easterbrook's opinion. It is a wild deed that conveys only what the conveyor possesses and apparently he had made this conveyance before. Councilwoman Bennington asked if he is saying the quit claim is illegal and Attorney Easterbrook said it just does not convey anything. Councilwoman Bennington said that based on the attorney's opinion, she moves that we grant them the quit claim deed. Councilman Spencer seconded the motion. Councilman Asting said he wants to amend it to say the 5 ft. easement from U.S.l to New York Avenue. Councilwoman Bennington said she'd include that in the motion. Councilman Asting withdrew his amendment, Councilman Spencer withdrew his second, and Councilwoman Bennington withdrew her motion. Councilwoman Bennington then moved that based on the attorney's ruling they be granted the quite claim deed with the'5 foot easement running from U.S. 1 to New York Avenue. Councilman Spencer seconded the motion. There was a discussion on the sufficiency of a 5 ft. easement. Mayor McKillop wanted them to be sure this is the only 5 ft. easement they might need and that a road right of way easement is not needed. Motion CARRIED 3-1. Mayor McKillop voted NO. MISCELLANEOUS Ben Vasquez, property owner in Edgewater, criticized the Police Department tactics regarding a vehicle parked on Needle Palm Drive. He was issued a citation which stated to either purchase a tag or. tow it away. Frank Opal, Florida Shores, spoke on the Planning Commission By-Laws. He suggested that some sections be changed. He questioned two votes qualifying to change zoning on site plans. He then spoke on the letter from the Planning Commission Chairman asking that his appointment be rescinded and stated he demanded a public hearing. Walter Gross, President of C.O.E., stated he thinks the City inherited three problems - a financial problem, a road paving problem, and an employee problem. He praised the City Clerk and her staff for the excellent work he feels they are doing, and for the way she is keeping the Council informed of all problems. Carmen Montesano spoke about the vehicles that are illegally parked in Florida Shores. There was a discussion about the procedure for handling these complaints and the time they are given to correct the problem. Mr. Montesano also said he had heard that one of our police officers had been sent to Deland to pay someone's taxes in Florida Shores, and he wants to know why. Chief Baugh stated he had not sent anyone. Mayor McKillop said they would research this. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Council - Councilwoman Bennington submitted a report on her trip to the Florida League of Cities Annual Legislative Convention in Tallahassee on February 10th and 11th. She said they're having a Florida Advisory Council on Intergovernmental Relations seminar in Tallahassee on the 3rd and 4th on annexation and we might want to send a representative to this. The City Manager of Daytona Beach is one of the principal speakers. City Attorney - City Attorney Alvarez spoke on the review of the Briley, Wild agreement and said if Briley, Wild is going to remain as the main City Engineer and you wish to go out and hire other firms for smaller projects then you must be aware that there is mandatory language on pages 3 and 6 outlining certain duties that Briley, Wild shall perform. If it is contemplated to have a new City Engineer then page 18 of the agreement provides for a 90 day termination and is a simple, straightforward language regarding the procedure for termination and notification. Councilman Spencer clarified that if we want to hire a part-time engineer we would have to check first to see that isn't required by Briley, Wild. -2- Regular Council Meeting Minutes February 21,1983 u u City Attorney (cont'd)- The City Attorney had submitted a draft of the referendum ordinance. Councilman Asting said he understood that this is satisfactory to the group df people who submitted the petition, and to Katherine Odham, and the Attorney. The City Attorney said it was satisfactory to him. Councilman Asting moved to approve the draft ordinance and that the City Attorney be directed to prepare the final ordinance for the next meeting. Councilman Spencer seconded the motion. Councilwoman Bennington asked if we have a legal opinion as to whether it was legal as to the wording of the petition. City Attorney Alvarez said there is one thought presented by the former City Attorney Clay Henderson and the other is the intent of the individual who signed the petition is pretty clear. Tech- nically the petition should show on its face the language, however, he did not feel comfortable ruling on whether it's legal or illegal, only a court of competent jurisdiction determines what's legal or illegal. Councilman Asting asked the City Attorney if Katherine Odham had any qualms about it being illegal. City Attorney Alvarez replied that particular point was not discussed, as his concern was whether she had any objections to the question but she did not bring to his attention any doubt as to the wording of the petition. Councilman Asting read the first paragraph of the draft ordinance and asked if that makes it legal under State Statutes. City Attorney Alvarez replied he would be comfortable defending this action in court, and based on what's before them today he would not be able to say if it's illegal. Mayor McKillop asked if it is only a question of interpretation and we made this a Council initiative they have the right to put the question on the ballot and there could be no chall- enge. City Attorney Alvarez said there could always be a challenge. Mayor McKillop said it would be on the Council putting it on the ballot and that would take away any challenge as to whether or not we had met the legal form of the referendum. Mayor McKillop reviewed the two ways of putting any item on a ballot.either by the petition or the Council to vote and say they want the item on the ballot and adopt the question as their own. r1otion CARRIED 4-0. City Attorney Alvarez said he would bring it in final form to the next regular meeting and have second and final reading at the following regular meeting. City Clerk - City Clerk Nancy Blazi asked about advertising of the agenda in the newspapers. She feels there is no additional response for the extra expense and extra work but would like to post agendas in various spots around the City. Councilwoman Bennington suggested moving the cutoff day for agenda items to Tuesday and get the packets on Thursday to give them three working days to investigate and get information. Councilwoman Bennington moved to stop advertising in the paper and to post it in various areas that Mrs. Blazi had suggested on the bulletin boards around town. Councilman Spencer seconded the motion.Motion CARRIED 4-0. The City Clerk then asked Council to consider permission for the Finance Director and City Clerk to attend a seminar in Fort Lauderdale in April with an approximate total cost for both to be $500. Councilwoman Bennington moved to permit this as she feels these seminars are very informative, Councilman Spencer seconded the motion for discussion. Councilman Asting asked the dates and the City Clerk replied April 10 through 13. Councilman Asting asked if they confl.ict with City Council meetings and it was determined that they did not. Councilman Spencer asked the name of the organization and the City Clerk replied it is sponsored by the Florida Municipal Finance Officers' Association and the Florida Association of City Clerks. Motion CARRIED 4-0. Boards - The City Clerk read the request from the Board of Adjustment requesting a change in the sign ordinance which would delete Sec.3.9 IINo variance for maximum allowable display area will be granted.1I There was a discussion regarding the size allowed now for signs and a need for larger signs in the new shopping center due to its distance from the highway. Mr. Wetzel, Chairman of the Board of Adjustment, spoke to Council about the request from Colite Industries for the Winn-Dixie sign and said he recommends deletion of that sentence. The City Clerk said we'll have another request from a store there due to its distance from the highway. Mayor McKillop said if we delete the last sentence they would have to apply to the Board of Adjustment for a variance as to size. Councilman Spencer asked if the shopping center is nearing completion and the stores are anxious to get the signs up, what can be done to expedite this. Mayor McKillop said we could do it through an emergency ordinance, but we could contact them to see when they'll be opening to determine if it is an emergency. Councilman Spencer moved to have the City Council direct the City Attorney to prepare an ordinance deleting the last sentence of Sec. 3.9 which reads: IINo variance for maximum allowable display area shall be granted. II Councilwoman Bennington seconded. The City Attorney asked if Council desires to have it on buildings which are located in shopping centers at far distance from u.S. 1. Mayor McKillop said the Board of Adjustments control would come in there and weigh each case, Motion CARRIED 4-0. The next item was a letter from the Planning Commission Chairman requesting that the Council rescind the appointment of Frank Opal. The City Clerk read the letter dated February 18, 1983. Councilman Asting moved to retain Frank Opal on the Planning "Commission. r1ayor McKillop passed the gavel to the Acting Mayor and seconded the motion. There was a lengthy discussion on the reasons listed in the letter for this request and it was pointed out that a member can have three unexcused absences before being dropped from the Commission. -3- Regular Council Meeting Minutes February 21,1983 u v Boards (continued)- Mr. Bennington, Chairman of the Commission, came forward and stated that the new member did not vote and was not in the 4-1 count. Motion to retain Frank Opal DEADLOCKED at 2-2. Councilman Asting and Mayor McKillop voted YES and Councilwoman Bennington and Councilman Spencer voted NO. Councilwoman Bennington passed the gavel back to Mayor McKillop. Councilwoman Bennington moved to TABLE this until we have a full Council present. Motion was denied because a vote had been taken. Councilwoman Bennington moved to TABLE this request to rescind the appointment until our next Council meeting. Councilman Asting seconded. Motion CARRIED 3-1. Mayor McKillop voted NO. COMMUNICATIONS Joseph Rymsza - Request for Home Occupational License - The City Clerk read the request from Joseph Rymsza, 126 West Connecticut. Councilman Asting asked Mr. Rymsza if this was for telephone service only and Mr. Rymsza replied yes. Councilman Asting asked if there would be any equipment or materials stored on the property and Mr. Rymsza replied just his transportation. Councilman Spencer asked what kind of vehicle he would be using and Mr. Rymsza replied it's a pickup truck. Councilman Spencer asked if it would be parked at his house and Mr. Rymsza replied yes. Councilman Spencer asked if they will meet requirements for signs, etc. Councilman Asting moved to approve this request for this license. Councilman Spencer seconded. Motion CARRIED 4-0. Councilman Asting moved to have a brief recess at 8:45 P.M., Councilwoman Bennington seconded. Meeting returned to order at 8:55 P.M. Harold Brown - Special Exception Repeal - The City Clerk read a letter from Harold Brown dated February 1,1983, which requested Council's review of the decision made by the Board of Adjustment on November 18, 1982. She also read a letter from Edward T. Johnson, 135 West Magnolia, dated February 21, 1983, requesting that this zoning change request be denied. Councilwoman Bennington stated that she has a conflict of interest which she is declaring now. Attorney William Gillespie represented Mr. Brown and stated that the Board of Adjustments voted 6-1 ,without comment or findings, to deny the special exception request. Attorney Gillespie reviewed the processes that Mr. Brown had gone through in an effort to obtain this special exception. Attorney Gillespie asked that this Council over-rule the action taken by the Board of Adjustment and grant the application or return this matter to the Board of Adjustment with specific instructions that they make specific findings of fact so that they can have a record to use. There was an extensive discussion as to the records presented to Council and just who is to hear an appeal of a Board of Adjustment decision. The City Attorney said this Council does not have sufficient record to take any action on this matter at this time so they are almost obligated to send it back to the Board for findings. Carl Groepler, 109 Neptune, spoke to Council and asked why there was a delay of : over 90 days from the meeting when this action took place. There was continued discussion about the zoning in this area and the numerous requests from neighboring residents that this I not be approved. Councilman Spencer made a motion that the Council request the City Attorney to determine whether or not the Board of Adjustment has met their requirements in denying this particular application. City Attorney Alvarez asked if he meant whether or not there is sufficent record, if this Couocil denies the special exception, to go to court. Councilman Spencer replied that was right. To clariTY the motion, Councilman Spencer asked the City Attorney to re-state it. The City Attorney said whether or not the Board of Adjust- ment made the decision which is based on sufficient record from which this Council or Circuit Court can determine if the ordinance was tollowed, 'the criteria was followed, and whether or not they had due process at the administrative level. Motion died for lack of second. Mayor McKillop stated there are three ways they can go, one is to find that the record is complete and dismiss these people tonight on the way to court in the way the record exists, and the second we can instruct our Attorney to review the record to make sure it is complete, and the third is to send it back to the Board of Adjustment. Robert Garthwaite, Vice-chairman of the Board of Adjustment, spoke to Council and said they had two meetings on this case which lasted 3 to 3t hours, and they heard from residents living in that area. He referred to the former Chairman's letter which did not mention specifics. He stated he felt they should be able to get a good record from the minutes. Attorney Gillespie said he did not feel the former Chairman's letter to be relevant to this matter and they are requesting the City give findings o~fact as to specific reasons why the request was denied. There was discussion regarding the letter from Carl Groepler which had been incorporated into the minutes. City Attorney Alvarez suggested the Board Secretary take the minutes, listen to the tape, and prepare a list of the findings. Councilman Spencer moved to request the Board of Adjustment Secretary take the tapes of that meeting and develop to the best of her ability a record of the content of the meeting pertaining to this particular subject to be sent to the Council, and Administrator and City Attorney. Councilman Spencer withdrew this motion. Councilman Asting moved that the Secretary for the Board of Adjust- ment, in conjunction with members of the Board of Adjustment at a meeting, prepare a formal letter of the findings and recommendations, listing findings specifically and then recommend- ations. Councilman ~pencer seconded the motion. Councilman Asting stated this should come back to us for the next meeting. City Attorney Alvarez said the meeting of the Board of Adjustment should be open for further input of the public and the applicants. Motion CARRIED 4-0. I f I -~ Regular Council Meeting Minutes February 21,1983 ~ u COMMUNICATIONS (cont'd) Community Development Block Grant - Council received an official letter from Mr. Reggie Williams, Director of the Community Development Division. The City Clerk read the February 8, 1983 letter into the record. Councilman Spencer wanted to say the City ~/as saved $27,000. with these findings. Councilman Asting stated he hoped we can take advantage of this grant again this year and get some of the streets re-surfaced. Charles Murphy - Resignation - The City Clerk read the February 17th letter from Charles Murphy, Building Official, stating his intent to retire on March 23,1983. Councilman Asting moved to accept Mr. Murphy's resignation and that we advertise for a Building Inspector for the City of Edgewater. Councilwoman Bennington seconded for discussion and said she would like to amend that to advertise for a full time Building Inspector and wants to advertise- state-wide. Councilman Asting agreed to that amendment. but withdrew his motion. It was decided they would discuss the subject before making another motion. Councilman Spencer thought the Building Inspector should be a City employee and the Building Code Board at a recent meeting said they would send to City Council a recommendation of qualifications for a Building Inspector. He added that the Building Code Board felt a responsibility to review applications and present to City Council the 3 or 4 top choices. Councilwoman Bennington said her memorandum on Tallahassee had something to do with Building Departments and their recommendations. Councilman Asting asked if State law requires certain qualifications for Building Inspectors. City Attorney Alvarez said there is now a move to introduce legislation to enable municipalities,if they choose to, to get out of the building inspection business, and let the architects and engineers of the builders guarantee that the building has complied with Southern Building Code. Councilwoman Bennington read from the Florida League of Cities bulletin regarding legislation they are supporting. There was a discussion regarding the salary of a City employee versus a contracted person. Councilman Asting said he prefers a City employee as he feels he would be more responsive to Council. Councilman Spencer read a paragraph from the minutes of the Building Code Board meeting of February 17th: Mr. Howard made a motion, seconded by Mr. Hall, that Sectionl02, Organization, Sub-section 102.1 Building Official, paragraph (b)of the Standard Building Code have added to the requirements: The Building Official must be certified within a twelve (12) month period from his appoint- ment. Sub-section 102.2 Inspectors. The Inspector appointed shall be, within twelve (12) months of appointment, certified by the Building Officials Association of Florida or be an Inspector-Trainee who must be able to become certified by the Building Officials Association of Florida within five (5) years. The members felt it was part of their duties to interview applications for a Building Inspector. Councilman Spencer felt it should be a City employee and responsible to the Council. Councilwoman Bennington moved to accept Mr. Murphy's resignation and advertise state-wide for a full-time Building Inspector with applications to be reviewed by the Building Code Board with the Building Code Board to submit their recommendations to Council for their review. Councilman Asting seconded. Motion CARRIED 3-1. Mayor McKillop voted NO. Marion Meeker - Resignation from Board of Adjustment - The City Clerk read the resignation from Marion Meeker. Councilman Asting moved to accept Marion Meeker's resignation and that Walter Gross be appointed to the Board of Adjustment as a replacement. Councilwoman Bennington noted that the appointments are under New Business. Councilman Asting moved to accept the resignation. Councilman Spencer seconded. Motion CARRIED 4-0. Alfred Hetu - Resignation from Planning Commission - The City Clerk read a letter of resignation from Mr. Hetu. Councilwoman Bennington moved to accept the resignation and write a letter thanking him. Councilman Spencer seconded. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS Resolution 83-R-21 - The City Attorney read this Resolution. A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY AS ALTERNATE MEMBER TO THE ZONING COMMISSION OF THE CITY OF EDGE- WATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Section 1. That Roman Sadowski is hereby appointed to the Zoning Commission of the City of Edgewater, Florida, to fill a vacancy as an alternate member for a term to end February 3, 1984. Councilwoman Bennington moved to accept the resolution. Councilman Asting seconded the motion. Motion CARRIED 3-1. Mayor McKillop voted NO. Resolution 83-R-22 - The City Attorney read this Resolution. A RESOLUTION APPOINTING VIC VANDERGRIFFT AS CIVIL DEFENSE DIRECTOR OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF ONE YEAR; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Section 1. That Vic Vandergrifft is hereby appointed Director of Civil Defense for the City of Edgewater, Florida, for a term of office of one calendar year commencing September 16, 1982. Councilman Spencer moved to adopt Resolution 83-R-22. Councilwoman Bennington seconded. Motion CARRIED 3-1. Councilman Asting voted NO. -5- Regular Council Meeting Minutes February 21, 1983 u u A member of the audience asked if there was any monetary there. Attorney Alvarez read Section 2. That the salary for this term shall be $100. per month until October 1, 1982, and thereafter will be $150. per month Resolution 83-R-23 - The City Attorney read this Resolution. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF-EDGEWATER, FLORIDA, FINDING PREVIOUS SPECIAL ASSESSMENTS TO BE UNENFORCE- ABLE AND PURSUANT TO SECTION 170.03, FLORIDA STATUTES, DECLARING NEW SPECIAL ASSESSMENTS FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA, DESIGNATING PINE TREE DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH TO THE INTERSECTION OF INDIAN RIVER BOULEVARD AND FROM ITS INTERSECTION WITH 21ST STREET SOUTH TO 30TH STREET; TRAVELERS PALM DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH CONTINUING TO ITS INTER- SECTION WITH 30TH STREET; AND VISTA PALM DRIVE FROM ITS INTERSECTION WITH 22ND STREET SOUTH AND CONTINUING TO ITS INTERSECTION WITH 30TH STREET; AS THE STREETS TO BE SO IMPROVED, DESIGNATING THAT A PORTION OF THE EXPENSE OF THE IMPROVEMENT IS TO BE MADE BY SPECIAL ASSESS- MENTS, DETERMINING THE MANNER IN WHICH THE ASSESSMENTS ARE TO BE PAID, DETERMINING THAT A PORTION IS TO BE PAID FROM THE GENERAL IMPROVEMENT FUND OF THE CITY OF EDGEWATER, FLORIDA, DESIGNATING THE LANDS TO WHICH THE SPECIAL ASSESSMENT SHALL BE LEVIED, INCORPORATING BY REFERENCE AN ASSESSMENT PLAT, DETERMINING A TOTAL ESTIMATED COST, AND PROVIDING THAT THE CITY CLERK SHALL PROVIDE NOTICE AS PROVIDED BY LAW, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer noted on Section 4 there is a blank space for the total cost. The City Clerk said the recommendation is $360,000. but she feels it will be less. Councilman Spencer moved to adopt Resolution 83-R-23. Councilwoman Bennington seconded. Motion CARRIED 3-1. Councilman Asting voted NO. Resolution 83-R-24 - The City Attorney read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES 17b.07, TO PUBLISH THE ASSESSMENT ROLL MADE IN ACCORDANCE WITH FLORIDA STATUTES 170.06 DECLARING ASSESSMENTS UPON ALL LANDS ABUTTING CERTAIN ROADS WITHIN THE FLORIDA SHORES SUBDIVISION FOR PAVING AND IMPROVING SAID ROADS; DESIGNATING A TIME AND PLACE FOR THE REQUIRED PUBLIC HEARING; REQUIRING NOTICE TO BE PUBLISHED AS REQUIRED BY LAW; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer asked if the dates had been selected. The City Clerk suggested March 14 to give adequate time for advertising. Councilman Spencer moved that we adopt Resolution 83-R-24 with the date of March 14 and the time of 7:00 P.M. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. There was a short recess at 10:40P.M. to catch up on paper work. Meeting returned to order at 10:44 P.M. UNFINISHED BUSINESS Safety Report - City Barn - Mayor McKillop stated this was handled at a Special Meeting held that afternoon. The City Clerk was instructed to write a letter to Industrial Safety and Health with the findings of the Council. These are a matter of record and anyone with questions may stop by City Hall. Community Center Usage - This item was tabled from the last meeting. Mayor McKillop feels it is directly related to the re-establishment of the Board of Governors. Mayor McKillop said at the last meeting we asked for a draft for a board that would deal only with facilities,- or buildings and would not conflict with the Parks and Recreation Board. The City Clerk I said the draft has not been prepared but could be for the next meeting. Mayor McKillop I suggested tabling C. and D. and Councilman Spencer suggested E. also as they all pertain. . I Councilman Spencer moved to TABLE C.D.E. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington suggested a workshop or special meeting to handle all three at once since they will be rather lengthy. Shuffleboard Maintenance - This item was now tabled with items C. and D. Ted Buell, President of the Shuffleboard Club, spoke to Council regarding the facilities that are available there, the price for membership, and the fact that the facilities are available to the public almost every day. Mayor McKillop advised Mr. Buell that he would be contacted as soon as Council determines how the facilities will be handled. NEW BUSINESS Appointing Member of Board of Adjustment - Councilman Asting nominated Walter Gross for appointment to the Board of Adjustment. Motion died for lack of second. Councilwoman Bennington nominated Paul Henry to the Board of Adjustment. Councilman Spencer seconded the motion. Mayor McKillop nominated Alice Murphy. Councilman Asting seconded the motion. Councilman Asting moved to close nominations. Councilwoman Bennington seconded. Roll call on Paul Henry was 2-2. Councilwoman Bennington and Councilman Spencer voted YES, Councilman Asting and Mayor McKillop voted NO. Roll call on Alice Murphy CARRIED 3-1. Councilwoman Bennington voted NO. -6- Regular Council Meeting Minutes February 21, 1983 u u NEW BUSINESS (continued) Appointing Member to Planning Commission - Councilwoman Bennington nominated Vince Turano for the Planning Commission. Councilman' Spencer seconded. Councilman Asting nominated George Quaggin to the Planning Commission. Mayor McKillop seconded. Mayor McKillop nominated Paul Henry for Planning Commission. Nomination did not have a second. Councilman Spencer moved to close the nominations. Councilwoman Bennington seconded. Roll call on Vince Turano was 2~2. Councilwoman Bennington and Councilman Spencer voted YES, Councilman Asting and Mayor McKillop voted NO. Roll call on Ge6rge Quaggin was 1-3. Councilwoman-Bennington, Councilman Spencer, and Mayor McKillop voted NO. Councilman Asting voted YES. Councilman Spencer moved that nomination be-re-opened. Councilwoman Bennington seconded~ Councilwoman Bennington nominated Paul Henry. Councilman Spencer seconded. Councilwoman Bennington moved to close nominations. Councilman Spencer seconded. Roll call on Paul Henry was 3-1. Councilman Asting voted NO. The City Clerk said we will come back with resolutions on these appointments. Mayor McKillop said he wants an answer to the action on the five parking spaces which were approved at the drive-through without obtaining a variance from any board in the city. Councilman Spencer moved to adjourn. Councilman Asting seconded. Meeting adjourned 11:02P.M. Minutes submitted by: Lura Sue Koser 4i:~~ . .. ""'" ..". ... . ~ MAY ~f2:( JJJ - - - - - - - - - - - - - - I Q\..c~<J~ .t>. ..~~ ONC LMAN ; , --~ fVv ~ 7~ ~ ATTEST: C1T~ I~- ApprovE-. th is ~ day of 7lttJ~ , 1983. ~ A YOR / -7- Regular Council Meeting Minutes February 21,1983 .;".. . , ~ FORM 4 M~ORANDUM OF VOTIQ3 CONFLICT LAST NAME - FIRST NAME - MIDDLE NAME AGENCY Is unit of: o STA TE DATE ON WHICH VOTE OCCURRED 121 Vir inia St.. CITY Ed ewater NAME OF AGENCY City of Ed ewater ZIP COUNTY Vol us i a OCOUNTY Lura Sue Koser TITLE OF PERSON RECORDING MINUTES IDMUNICIPALITY S SPECIFY 32032 OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112"3143 (1979) ] - If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Harold Brown - Special Exception Repeal 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I Do contract work fonn Smyrna Drafting Service who represented r~r. Brown 3. Person or principal to whom the special gain described above will inure: a.O Yourself b.O Principal by whom you are retained: Smyrna Drafting Service (Earl"F1allace) (NAME) SIGNATURE DA TE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: '3 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112"317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 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 $5,000. CE FORM 4. REV. 12-79