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02-07-1983 - Regular , .: .. '-J \J .' CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING FEBRUARY 7, 1983 MINUTES Mayor Richard McKillop called the regular meeting to order at 7:02 P.M. in the Community Center. There was a silent invocation and the salute to the flag. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present , City Attorney Jose Alvarez City Clerk Nancy B1azi Police Chief Earl Baugh Present Present Present Councilman Ledbetter asked Council to allow Councilman Mann to make his presentation at this point before going into the public hearings. Council agreed. Councilman Mann introduced himself as duly elected County Councilman from District V. He stated that they had the head of Mosquito Control and their Public Works Director out in Wildwood trying to ascertain just what was causing some of the problems there as far as drainage is concerned and to ascertain if the county was causing part of the problems and if so what could be done about it. They determined that it was not the county creating the problem but they decided to continue to make the study to see what help they could give us. Councilman Mann introduced Tom McClelland, the County Public Works Director. Mr. McClelland said that basically the problem in Wildwood stems from the fact that the easterly end of Park Avenue where the railroad tracks bend to the north, on that spur is a series of five pipes underneath the railroad tracks. Four of these culverts are set at such a level that water has to rise and back up in the Wildwood Subdivision and other areas around before they pass water to the canal and empties into the river. One of the pipes is set at the proper level but is inadequate to take the normal water. The problem is compounded to some extent by the fact that when the development on the north side of Park Avenue which is just west of Wildwood was put in, there was an old ditch that ran there. That ditch was blocked off and we cannot determine from our field investigations how the water was diverted, to pick up what that ditch used to carry. The ditch that parallels the railroad spur is the property of the railroad and those pipes underneath the railroad track are also the property of the railroad. They are attempting to contact the railroad to establish a discussion with them about lowering those four pipes that are too high. He feels the problem can be solved with the railroad's cooperation. Councilman Mann asked Mr.McGlelland about financing, how much is the responsibility of the county's and how much is the city's. Mr. McClelland stated he , hadn't examined it from that standpoint yet. Property referred to is in the city limits and the ditch is the railroad's and the pipes that lead from the railroad ditch actually connect into the mosquito control canal. Councilman Mann said it is a shared responsibility and they will work with the city in any way they can within budgetary constraints. He said we can count on some help on a one time basis from mosquito control and/or public works to help alleviate the problem in Wildwood. Councilman Spencer asked about an idea of how large a project it is to lower the elevation. Mr. McClelland said it would be considerably in excess of $ 5,000. It would be totally digging out and putting new pipes in at the proper elevation. It would be 5 or 611 lower into the ground and would be an extensive, costly project. Dis- cussion followed regarding the extent of the use of the railroad spur. Mayor McKillop asked if they were pretty convinced that this is the main cause of the problem. Mr. McClelland stated that this would alleviate the problem under normal conditions but it won1t solve the problem because Wildwood actually sets at the bottom of a saucer with high points on either side of it, and with very heavy rains and high tide will cause it to come back to low ground. Councilman Mann mentioned river water going up ditches and canals if there isn't a check of some kind. These checks are very expensive. Mr. McClelland stated he would contact the rail- road and would provide a report to the clerk or public works director and let us know where they stand. He will try to give us an estimate in that report. Councilman Asting asked if mosquito control cleans the ditch that runs parallel to that railroad spur. Mr. McClelland replied not on a regular basis but that they have no objections to our cleaning it for them. Mayor McKillop asked if the downline ditches would be able to handle the additional capacity~ Mr. McClelland stated he thinks they would and they have been cleaned but we have to be aware of what we do to downstream property in case we do damage to someone else. Councilman Asting asked if the canal after it passes under the railroad track empties into Gabordy~ana1. Mr. McClelland said yes and he didn't feel there was a problem with respect to other areas and capacity. Councilman Mann stated they would try to come up with an acceptable solution and may ask the mayor to write a letter of support to the railroad. ~ w PUBLIC HEARINGS Mayor McKillop opened the public hearings for the second and final readings of ordinances 83-0-2, 83-0-3, and 83-0-4. The City Attorney read Ordinance 83-0-2. AN ORDINANCE REPEALING ORDINANCE NO. 81-0-26, ADOPTED AUGUST 3, 1981, AND ENTITLED "AN ORDINANCE AMENDING SECTION 2-22 OF THE CODE OF ORDINANCES TO ALLOW THE CITY MANAGER TO CALL SPECIAL MEETINGS OF THE CITY COUNCIL IN ADDITION TO THE MAYOR, VICE MAYOR AND ACTING MAYOR" IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. The City Attorney read Ordinance 83-0-3. AN ORDINANCE REPEALING CHAPTER 2, ARTICLE I, SECTION 2.5(9), OF THE EDGEWATER CODE OF ORDINANCES ENTITLED "HE SHALL BE THE DIRECTOR OF PUBLIC WORKS, HANAGER OF THE CITY WATER AND SEWER WORKS, AND CONDUCT ALL BUSINESS WITH RELATION THERETO, AS WELL AS ALL OTHER PUBLICLY OWNED UTILITIES OF THE CITY", IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. The City Attorney read Ordinance 83-0-4. AN ORDINANCE AMENDING SECTION 606.04 (b) OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO AMEND THE PERMITTED USES AS SET FORTH IN DISTRICT REGULATIONS OF B-5 PLANNED SHOPPING CENTER IN THE FOLLOWING RESPECT: TO ALLOW SELF-CONTAINED DRY CLEANING ESTABLISHMENTS AS A PERMITTED USE WITH CONDITIONS; AND DELETE THE WORDS "LIMITED TO PICK UP STATIONS", REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR AN EFFECTIVE DATE. He listed the conditions: (a) Restricted to no more than two (2) employees, excluding owner, (b) No flammable chemicals will be used and no fumes or odors will result from the cleaning process, (c) Business is limited to walk in service only, not allowed to provide service for other pick up stations. There were no comments from the audience. Councilman Ledbetter moved to close the public hearing, Councilman Spencer seconded. Motion CARRIED 5~0. Councilman Ledbetter moved to adopt 0rdinance 83-0-2, Council- woman Bennington seconded. Motion CARRIED 5-0. Councilwoman Bennington moved to accept Ordinance 83-0-3, Councilman Asting seconded. Motion CARRIED 5-0. Councilman Spencer moved to adopt 0rdinance 83-0-4, Councilman Ledbetter seconded. Motion CARRIED 5-0. APPROVAL OF MINUTES Councilman Asting moved to adopt the minutes of the January 17, 1983, meeting, Councilman Spencer seconded. Councilwoman Bennington asked that future minutes reflect when a motion is seconded for discussion. Motion to accept the minutes CARRIED 5-0. BILLS AND ACCOUNTS Councilman Ledbetter moved to approve the bills and accounts and the supplements added, Councilwoman Bennington seconded. The City Clerk asked if that includes the mileage reimburse- ment and Martin Paving. Councilman Ledbetter said excluding Martin Paving for right now. The City Clerk asked if that includes the mileage reimbursement. Discussion followed regarding the appointment of Frank Opal to a County committee. Mr. Opal came to the podium and stated he was sent by the City and appointed by Keller about 8 years ago. He had never been reimbursed for going to Daytona and Deland and he goes once a month. The reason he turned it in is he saw another man getting $150 a month for nothing and he feels he should get $10. He is on the County Environmental Board and was re-appointed twice by Councilman Clyde Mann. Councilman Ledbetter withdrew his original motion, Councilwoman Bennington Wi~h- . drew her second. Councilman Spencer suggested these items be cqnsidered one at a time. Councilman Ledbetter did not feel the city should reimburse for a county appointment and ~ moved to deny this bill, Councilwoman Bennington seconded. Councilman Asting felt the~ should make this reimbursement if they expect citizens to attend these meetings. Motion to deny the request CARRIED 5-0. There was a discussion about the change orders for the bill for Martin Paving. Councilman Asting moved to pay this bill, Councilwoman Bennington seconded. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Councilman Spencer moved to authorize payment of the regular bills, Councilman Asting seconded. Motion CARRIED 5-0. MISCELLANEOUS Mr. Walter Gross, 909 Lake Avenue, wanted to thank council for the workshop last week on the agenda. He asked if the changes in the road paving program were supposed to be a workshop determining the cost and public participation in the change in the additional monies spent on that program, and was there a public hearing for that. Mayor McKillop said the City Attorney advised them that under the curative provision of the law the City of Edge- Water was allowed to make a determination as to whether or not they had faith in the prior: assessments, and finding there was no faither, the recourse was to start the assessment process over again. A public hearing will be held and all city residents affected will be given a chance to speak. Mr. Gross felt the people have been notified. Mr. Carl Cochran, Silver Ridge, wanted to thank the mayor, council, and police chief for the neighborhood watch sign put up in their area and the speed with which it was done. -2- Regular Council Meeting Minutes February 7, 1983 ~ ~ MISCELLANEOUS (continued) Mr. Carmen Montesano spoke on his previous question regarding the amount taxpayers paid for the work that has been done in Wildwood. Discussion followed and Mayor McKillop read the minutes of the July 19, 1982 minutes regarding the city manager's report on it. Mr. Montesano stated this was private property and city equipment is not allowed on private property. Mayor McKillop stated the Dec. 6 meeting minutes reflect Council directed the City Attorney to continue his work in research to see if liability could be assessed the private contractor. Mr. Montesano stated that the council that approved this should be made to pay for it. since they were in violation and they were wrong. Mr. Montesano then spoke on department head reports that do not show when damages or accidents occur to city property. Councilman Spencer asked for clarification as to just what damages he's talking about. Mr. Montesano felt all these reports should be made public. Mr. Frank Opal, Florida Shores, addressed questions to the City Attorney regarding section 7A in the Charter, and a discussion followed between the two. Councilman Ledbetter suggested the City Attorney go through the '63 Charter to see what has been changed in the new one. Mr. Robert Christy, 1916 Evergreen, spoke regarding Mr. Montesano's subject on who can be held responsible for their actions. He also spoke on Municipal Code regarding powers and duties designated cannot deviate without authority from the source from which its power was derived. He referred to Statute 166.01, and named other sources of his information. Mr. Me1 Wargo, 2 Pines Edge Court, spoke on the fire practice on the corner of Mango Tree and Park a week ago. He felt it was in very poor taste, done on a Sunday morning and interrupted people going to church. He felt somebody should have taken the time to put an article in the paper. He also stated he understood they want to re-zone some of our industrial land. He feels that there is a lot of land for residential use without using up the industrial land around the railroad. He then spoke on the complaints regarding the building inspector and he thinks something should be done about it. There should be detailed inspection reports to prove there has been inspections made and everything conforms. He then spoke on the bike path on Park Avenue and commented on the traffic conditions from Route 1 on Park Avenue to Hall's Plumbing. He feels we do need something for the kids to walk or ride their bikes to school safely. Mr. Carmen Montesano responded regarding the fire practice. His son is fire Chief and this was done with the owner's permission and was done in case we had a house on fire they would know what to do. He feels all the firemen are doing a good job. Mr. Mortimer Mosher, 201 West Park, said he reinforces what was said about bikes and walking on Park Avenue. Often someone has to go over to the ditch for a bike or a truck. Recess called at 8:23 P.M. Meeting returned to order at 8:32 P.M. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES City Attorney Reports - The City Attorney received a request from Marie Nichols 'for a quit claim deed for a small piece of property deeded to the City back in 1966 for the purpose of providing sufficient land for the extension of New York Avenue over and across the particular section of property which is a small parcel 40 x 90 ft. If the City has not undertaken the use of the property for the purpose for which it was deeded or made any improvements, this request would fall under 255.23 which says the property would be considered to be abandoned by the city if it hasn't been used or improved for 5 consecutive years. Marie Nichols, F1ag1erAvenue, came forward and spoke to Council regarding the exact location of the property,and said there was an error in a quit claim deed in 1966 which included this easterly portion. Councilman Ledbetter asked if there was a utility easement there. Mrs. Nichols said no, the utility easement is on the north side of the property, and the correct legal should have been the easterly 240 ft. except the road right of way. Councilman Spencer asked the City Attorney if he was convinced there was an error. City Attorney Alvarez said that if it is the will of the Council to give the quit claim deed back to the original owner, it will fall under this particular provision of state statutes. Councilman Asting moved we table this until we can check into it further, Councilman Spencer seconded. Motion CARRIED 5-0. The City Clerk asked if this is to be on the next agenda and Council agreed it is. Council- man Ledbetter suggested that a special meeting be called to expedite this matter when it is decided and Mayor McKillop said it could be added if we call a special meeting for another subject. . Regarding Resolution 81-R-5, he expects to receive an answer from the Ethics Commission at any time. On the conflict of interest ordinance preference, Councilwoman Bennington moved that we instruct the Attorney to draft option B. Option B provides that additional language that the individual voting neither knew nor should have known after a reasonable inquiry that said voting conflict existed or was likely to exist, in order to announce his conflict prior to voting. Councilman Spencer seconded this motion. -3- Regular Council Meeting Minutes February 7, 1983 ~ u City Attorney Reports (continued) Mayor McKillop asked if we adopted option B, when you find out you had a voting conflict and you write it in, could we put in a provision that we have to announce the conflict at the time we approve the minutes the following week so it would still be a public disclosure. The City Attorney felt it would have been intended but could be clarified and could add a simple sentence IIsaid conflict shall be announced at the next regular council meeting where minutes of such vote took place.1I Councilman Spencer moved to make that amendment to the motion, Councilwoman Bennington seconded. Councilwoman Bennington withdrew her original motion and Councilman Spencer withdrew his second. The City Attorney read the choice to be approved is B with the addition that the individual who voted without knowing that he or she had a conflict will have to announce said conflict at the time that the minutes of the meeting at which he or she voted shall be adopted. Councilwoman Bennington said that was the motion to include what Mr. Alvarez just read, Councilman Spencer seconded. Councilman Spencer asked if when this is adopted is it to be filed within 15 days. Mr. Alvarez said that is correct, that is State law. Mayor McKillop noted this is more restrictive than State law. Motion CARRIED 5-0. The City Attorney noted that Council had received a paper held submitted on the referendum. Under complaint review board, this was regarding complaints received with last Council and the State Attorney's office found there to be no probable cause exists to begin an internal investigation of the police department. Subsequently, he has found that a system does exist by which investigations of any complaint from a citizen against a police officer is forwarded to the sheriff's department internal affairs or internal security division. Councilman Ledbetter said if Council feels they need an internal investi- gation then they can call the sheriff's department. The zero lot lines ordinance along with a couple of others from the Planning Commission are being prepared. Council- Reports - Councilwoman Bennington mentioned Council/Officers section had been omitted. She brought up a proposal, on a trial basis, that they have a citizens' workshop scheduled for March 3, a Thursday evening. It would be for citizens to come up and the Council would sit and listen to them. The City Clerk asked if this would be on the agenda. Council- woman Bennington said it would be for anything they wanted to talk about, just an open workshop. Mayor McKillop reminded Council that they discussed this before under different options. There were only two people at the workshop on the agenda. Councilwoman Bennington said it was just a proposal and she is asking Council to consider it and the Mayor call this citizen workshop. Councilman Ledbetter stated they used to meet every Monday night and every- body got tired of that and they tried twice a month on a trial basis. Councilwoman Bennington said what she wants is a citizens. workshop one time a month for a trial basis for two months. Mayor McKillop said he felt if we were going to start meeting additionally, he'd rather we met every Monday night until we clear up the back log. The City Clerk suggested that if it is before the Council meeting, you might give us a few more days so we would have the time to research the material and get the answers. Councilman Ledbetter said he's willing to give it a try and Councilman Spencer said he is willing to give it a try for a couple of months to see if it is productive. Councilwoman Bennington moved that we have a citizens' workshop on thelloff Mondayllone Monday a month for two.months' trial, Councilman Ledbetter seconded. Mayor McKillop asked if when we have these, can there be other City business. Councilwoman Bennington said this is strictly citizen workshop. Motion CARRIED 4-1. Mayor McKillop voted NO. Councilwoman Bennington then stated she's going to Tallahassee to attend the Florida League of Cities convention and is asking Council to pay the expenses, not to exceed $250. She will go either way. Councilman Asting felt we should have a representative at that meeting, and moved that we authorize Mrs. Bennington to go, Councilman Ledbetter said since the Mayor doesn't want to go and he doesn't want to go, he'll second it. Councilman Asting asked if a report would be rendered when Mrs. Bennington returns and she said she would. Mayor McKillop asked who determined the Mayor didn't want to go. Councilman Ledbetter said he could have spoken up if he'd wanted to go. Councilman Asting withdrew his motion, Councilman Ledbetter withdrew the second. Councilman Asting stated he does not feel it is the exclusive right of the Mayor to attend these meetings. Councilman Spencer suggested the Mayor poll Council to see if anyone else wants to attend the legislative meeting in Tallahassee on the 10th and 11th of February. Mayor McKillop polled the members. Councilman Ledbetter declined due to other commitments, Councilman Asting does not care to go at this time either, Councilman Spencer would like to go some time cannot go at this particular time. and Mayor McKillop said he is available to attend and would like to attend on:' behalf of' the City. Since this is the first one since he has taken office of Mayor he would like to attend as the official representative. You may pay us both, that is also an option. Councilman Ledbetter moved that the Council appropriate $500., Councilman Spencer seconded. Mayor McKillop said if this passes I will not accept the $250., I will not go, it's not fair to the taxpayers to pay both of us. I'll read the report when it gets back. Motion CARRIED 4-1. Mayor McKillop voted NO. -4- Regular Council Meeting Minutes February 7, 1983 u u City Clerk Reports - The City Clerk submitted a map of the parks and recreational areas in the City. Councilman Spencer asked Council to think before the'next meeting as to who should be doing a long range plan relative to the development and use of the city areas. The City Clerk prepared reports on the community center usage, listing the calendar of activities, a current rate schedule, a list of paying and non-paying organizations, and a suggested rate schedule for Council IS consideration. She read the amounts collected for rents and the costs spent to maintain it. Councilman Spencer felt we should act upon this or defer it to the next meeting. He feels the City has some volunteer organizations that are of great service to the City and that those should have free use of this even though in some cases they're using the facility for a fund raising project. Councilman Spencer moved to accept the rate schedule recommendation with the added organizations on the no-fee.list. Councilwoman Bennington seconded for discussion. Mr. Walter Gross, 909 Lake.Avenue, ~alled a point of order. As president of C.O;E.,he stated this community center belongs to the people of Edge- water. He feels that it is unfair that taxpayers pay for the use of this building. He reviewed procedures when he was on Board of Governors. Councilman Ledbetter questioned the amounts charged for Shipmates and Jazzercise as they seem to use it the most and they are paying the least amount, and these are profit making organizations. The City Clerk said that is why they are asking for a rate change. Councilwoman Bennington said she felt we need to do something about the rates but she wants to consider this and go over it again. She feels some of the boards coula meet in City Hall and cut down on overhead in the Community Center. Discussion followed regarding use of ballfields. Councilman Asting suggested they withdraw the motion and further consider this. Councilman Spencer withdrew his motion, Councilwoman Bennington withdrew her second. Councilman Asting moved to TABLE this and bring it up at the next meeting, Councilwoman Bennington seconded. Motion CARRIED 5-0. The City Clerk submitted the By-laws of .the former Board of Governors. Discussion followed regarding the duties with the' Parks and Recreation Board. The City Clerk suggested the Council might wish to give the Board of Governors the responsibility for the Community Center and Shuffleboard Clubhouse. Councilman Ledbetter asked the City Clerk to get one of the old resolutions and it will spell out t.he duties that__we,;ed.~ p ointd. Councilman Asting moved <r:::A to TABLE this until the next meeting, CouncilmanC~se'cQJtctE!d~ Motion CARRIED 5-0. .Dj1'ta.- The City Clerk read report ~egarding the mowing of'~he medians. Councilman Ledbetter moved to reject the idea in its entirety of the City taking over the responsibility because the liability of the City is too great, Councilman Asting seconded. Councilman Ledbetter pointed out this has come before Council 'several times before and the liability is greater than the benefit to the City. Councilman Spencer feels the insurance company would protect us but the solution is of considerable expense and this should be brought up at the next budget session. Councilman Asting stated we have too much work to be done in the city for drainage ditches in Florida Shores and other areas and we shouldn't take on additional work that some- one else is supposed to do. Motion to reject the idea CARRIED 4-l.Mayor McKillop voted NO. Regarding the Briley, Wild bills for paving, the City Clerk read a letter f~om the Finance Di rector who had revi ewed the bi 11 s and found them to be figured on the bas, s of the contract. It had been suggested that the $3,000. in cash be deducted from.this one invoice for $3,352. Councilman Spencer moved that we pay the Briley, Wild bill with the deduction of the $3,000., Councilwoman Bennington seconded the motion for discussion. Discussion fo~lowed regarding the rates charged. Motion to'pay the bills CARRIED 4~1. Councilman Ledbetter voted NO.' Councilman Asting wants the Council to consider getting a city engineer on an as-needed basis as' it would be a lot less expensive than to continue with Briley, Wild on these'smaller engineering projects that have to have approval. Discussioh followed on consulting engineers and local engineers. Councilman Ledbetter suggested the City Clerk go over their contract to'seewhere we stand. Councilman'Spencer stated the Finance Director had given him a figure of $79,000 to Briley~ Wild and he also feels we could minimize expenditures. Mayor McKillop reminded Couhcil we asked about the water system in Florida Shores and the drainage system in Florida Shores, perhaps we could get some of these things done elsewhere. The City Clerk submitted information on the Shuffleboard. Councilwoman Bennington moved to TABLE this because of the late hour, Councilman Ledbetter seconded. The City Clerk stated the students at Edgewater School requested another Student Government Day on Feb. 18th if that would be agreeable to Council. She asked to have Council approval to continue that practice and to treat the elected officials to lunch that day. Councilman Ledbetter moved to accept the request, Councilman Spencer seconded. Motion CARRIED 5-0. The City Clerk read the Parks & Recreation Board would like to have a Jim Hogan Recreation Park dedication day on Saturday, March 19th. The Board wants to invite Governor Graham and this invitation should come from the Mayor. Councilwoman Bennington moved to write the letter and to accept the date of March 19th for the dedication day, Councilman Spencer seconded. Motion CARRIED 5-0. There was a roll call at this point on the motion to TABLE the shuffleboard information until next meeting. Motion CARRIED 5-0. -5- Regular Council Meeting Minutes February 7, 1983 (.J u Parks & Recreation - The City Clerk read letters from the Parks & Recreation regarding the athletic program, a bike path from Wildwood subdivision to Flagler Avenue, and the separation of the Parks and Recreation budget and the Building and Maintenance budget. She suggested that Council may wish to hold a workshop with Parks and Recreation, and maybe E.A.A., to discuss this. Councilman Ledbetter reminded Council that the City funded the corporation for them to raise money. He feels the bike path should be sent to the Planning Board.and the request to separate the budget is a Council matter and it should not come before Parks and Recreation to discuss. Councilman Ledbetter moved to TABLE this for a workshop. Mayor McKillop asked if hels including just those three and Councilman Ledbetter said yes. Councilman Asting seconded the motion. Motion to table CARRIED 3-2. Councilman Spencer and Mayor McKillop voted NO. Councilman Spencer expressed his concern that the Council is tabling so many items and this has already been tabled once. The City Clerk asked if she could poll them on an individual basis for the best time for this workshop. Councilwoman Bennington suggested they make it at one of the Parks and Recreation meetings. Mr. Tom Wyatt, chairman of the Parks and Recreation Board, was in the audience and he said the next meeting is Wednesday night. Council agreed to meet with the Parks and Recreation Board on Wednesday evening, the 9th, at 7:00 P.M. The next item was the bid for the commercial mower for the Parks and Recreation Department. Councilman Spencer moved that we accept the bid from Deland Equipment, for $2,700 for a 4 speed, 12 HP. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Merit Board - The Merit Board has requested to change its meeting time from 7:30 P.M. to 7:00 P.M. Councilman Spencer moved to grant this change, Councilman Asting seconded. Motion CARRIED 5-0. The next item was a request for a change in the employee evaluation forms. The City Clerk said this has passed through department heads and supervisors and the Merit Board. Council- man Ledbetter brought up the employees under the Merit Board, and those that are unionized. Councilman Ledbetter moved that we TABLE all things pertaining to the Merit Board until the Council can instruct the City Attorney to get an opinion from the Attorney General to see if you can work on one hand Mith the union and the merit board on the other. Councilwoman Bennington seconded the motion. Motion CARRIED 3-2. Councilman Spencer and Mayor McKillop voted NO. Councilman Ledbetter then moved that no raises be granted until we receive the sufficient answer from the City Attorney that they can work under one or the other, unless approval by the Council. The City Clerk asked if a supervisor wants to give someone a raise, do they want her to bring it to Council. Mayor McKillop said thatls right. Councilman Ledbetter said ask them to come before the Council. Councilman Asting seconded the motion. Councilwoman Bennington asked how the employees get merit raises. The City Clerk replied there are no specific guidelines for merit raises, but in the last budget there was money put aside specifi- cally for merit raises. She said union contracts call for evaluations once a year at anniversary date.and past procedure has been that they get a raise then if the evaluation warrants it. There is nothing in the unio~ contract about merit raises. but the union contracts recognize the merit system, recognized the'personnel guide, and recognized the code of conduct. Councilman Ledbetter asked the City Attorney if this motion is in order. The City Attorney said it is in order. Councilwoman Bennington asked that the motion be clarified again. The City Clerk stated that we need an opinion from the Attorney that we either work under a union contract or the merit system and until we get an opinion from him on this, any raises that might be given in the City would have to be approved by Council. Motion CARRIED 5-0. Planning Commission - There are two vacancies on this Commission. Mr. Fred Finn submitted his letter requesting re-appointment to the Commission for a full term. Councilman Ledbetter moved to appoint Fred Finn for a three-year term, Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Ledbetter moved to appoint John Siburn as an alternate on the Planning Commission. Mr. Siburn was in the audience and refused the nomination. Mayor McKillop read the names and evaluations from the previous ratings. Councilman Ledbetter moved to appoint Jim Mackie as alternate, Councilman Asting seconded. Motion DID NOT CARRY 2-3, Councilwoman Bennington, Councilman Spencer, and Mayor McKillop voted NO. Councilman Spencer moved to appoint Lyle Chenoweth, Councilman Ledbetter seconded. Motion CARRIED 3-2. Councilman Asting and Mayor McKillop voted NO. Zoning Commission - There was a re-zoning request to re-zone a portion of Old County Road from 1-1 to R-5.. This would be property from Cheetah Drive to Pearl Street. Attorney Clay Henderson was present to represent Talmade Stuckey. He reviewed the type of development and amount of land used. He advised that affidavits had been received from the others and asked that the City set a public hearing. Councilman Spencer asked about the questions that were brought up at the Zoning Commission meeting. Attorney Henderson said the abstractors are confident that there is not a problem with the placement of Old County Road. If there is any question, the Attorney can look at it but 11m convinced we have no problem there. -6- Regular Council Meeting Minutes February 7, 1983 <.J u Zoning Commission (continued)- Councilman Spencer asked if this was the balance of the affidavits. Attorney Henderson said all the property owners in this area have consented to this re-zoning. Councilman Ledbetter stated he thought .the zoning ordinance said all property owners that are affected with the zoning within a radius of 300 feet. Attorney Henderson said that is not correct, and the only thing the Zoning Commission asked us to do was to get affidavits of the property that was to be re-zoned. Councilman Asting asked if this would be spot zoning. Attorney Henderson said no because we are extending a predominant zoning of that area. Most of that area is zoned R-5 and what we1re doing is extending that in an area. It's not spot zoning because it affects more than one parcel of property. Discussion followed regarding the industrial buildings and location of Old County Road now. Attorney Henderson felt convinced, as are the abstractors, that this road poses no problem. Councilman Spencer felt that since the recommendation affects industrial land, we should ask the Industrial Development Board to consider the impact of this change on the City's industrial land and extend their recommendation to the Council. Attorney Henderson suggested that vlould be appropriate at the public hearing. Mayor McKillop asked if where the road is now is right next to the right-of-way where the railroad is, and where the road was intended to be is 100 or 125 feet further up. Attorney Henderson stated it may have intended to be there but it was never dedicated. Mayor McKillop stated there are documents, unofficial at this point, that show the road being at that point at a certain point of time. In your title of abstract, you are saying when you come back you'll show conclusively that the road is in the right spot. Attorney Henderson replied no problem. Old County Road and a lot of other dirt roads in the City were not dedicated and they occurred on our map as a result of public use over a period of years. Perhaps years ago it was intended for something else but it was never dedicated and never put there on offi~ial plats. City Attorney Alvarez asked if .the City maintained this Old County Road. Attorney Henderson replied that the City maintained Old County Road in its present location. Councilwoman Bennington asked if we are required to have a public hearing and what are the consequences if no motion is made. City Attorney Alvarez said the issue is there is a recommendation from the Zoning Commission and the re-zoning is purely a legislative act, and before this Council, or any council legislates as to whether or not to grant the re-zoning they ought to have a full record before them. What has come to you from Zoning Commission is nothing so the public hearing will help you, with what other information it will produce, for you to determine the wisdom of the re-zoning. Attorney Henderson told City Attorney Alvarez that if he refe.rs to Section 715 of the Zoning Ordinance, it specifically mandates that after the City Council receives the Zoning Board's recommendation, the City Council shall schedule a public hearing. Councilman Spencer moved that the Council hold a public hearing on this re-zoning on March 7th, Councilwoman Bennington seconded. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Zoning Commission vacancy - There was a letter from Mr. Robert Gaffney expressing an interest in continuing to serve. Councilman Asting stated we have Jake Wheeler as alternate. Council- man Ledbetter moved to appoint Jake Wheeler as a member and re-appoint an alternate. Council- man.Asting stated Roman Sadowski expressed. a wi 11 ingness.to serve. Counci lman Asti ng seconded the motion. Motion was clarified, Jake Wheeler as member and Roman Sadowski as alternate. Councilman Spencer asked if we could take one at 'a.time. Mayor McKillop said not the way the motion is. Councilman Ledbetter withdrew his motion and re-stated it. He moved to appoint Jake Wheeler as a full member and Mr. Sadowski as alternate. Councilman Asting seconded the motion. Motion DID NOT CARRY 2-3. 'Councilwoman Bennington, Councilman Spencer, and Mayor McKillop voted NO. Councilman Spencer moved to nominate Mr. Gaffney for re-appointment. Motion DIED for lack of second.' Councilman Asting moved to appoint Jake Wheeler, the alternate, to fill the vacancy of Robert Gaffney. Councilman Ledbetter seconded. Motion CARRIED 3-2. Councilwoman Bennington and Mayor McKillop voted NO. Councilwoman Bennington moved to appoint Roman Sadowski as alternate on the Zoning Commission, Councilman Ledbetter seconded. Motion CARRIED 5-0. The City Clerk asked if a resolution could be prepared for Council for the alternate position for the next meeting. Councilman Ledbetter moved to allow the reso- lution for the alternate by prepared for next meeting, Councilwoman Bennington seconded. Motion CARRIED 5-0. Building Code Board - There was a letter from Joseph Troutner expressing a desire to be re-appointed. Councilman Ledbetter moved that we re-appoint Joe Troutner and Bobby Howard, Councilman Spencer seconded. Motion CARRIED 5-0. Police Chief - Police Chief Baugh gave a report on the odor complaint. He has re-checked and they have received no more complaints there. He then gave a report on the traffic signals and reduction of speed limit. He asked the Council to authorize the letter be written by the City Clerk to pursue the poles from the State. Councilman Asting asked if he felt that joint action from the two cities would prompt any action, perhaps a joint resolution. Chief Baugh said there were no funds available. Regarding the speed limits, they have agreed to run another survey to see if we can have one speed limit rather than more. Mayor McKillop stated he had talked with Mayor Musson at a recent Industrial Board meeting and he wanted some time to think about joint resolutions and other items and will get back to him and helll advise Council when he hears further. Councilman Spencer moved that the Chief be authorized to write a letter to Mr. Griffin re: poles, Councilman Asting seconded. Motion CARRIED 5-0. -7- Regular Council Meeting Minutes February 7, 1983 u u Fire Department - There was a request for reimbursement for employee expenses. Councilman Spencer asked if there is further information on the mileage. Mayor McKillop stated he had talked with the Fire Chief on this and the firemen have to attend a 300-hour course to become state certified and the course meets four times a week for approximately 18 weeks and that amounts to about 72 trips. There is also a round trip to Ocala and he feels the mileage is in line. Councilwoman Bennington questioned if they knew ahead of time that he. had to go to this school and they spent the money before they were authorized and now want to be reimbursed. Isn't that one of the things the auditors told us was wrong. The City Clerk said this comes out of the Fire Department budget and she doesn't know why they aren't just paying it since it is less than $1,000. Councilman Spencer moved to approve the bill, Councilman Asting seconded. Councilwoman Bennington stated it doesn't seem like we should have to approve this since it comes from their budget and is less than $1,000. She felt that in the future it should be brought to them before it is done, and not after. Motion CARRIED 5-0. E.V.E.R. - There was a request from EVER for reimbursement for replacement of eyeglasses. These were damaged while the employee was on duty as a volunteer. The City Clerk stated we have done this in the past for other volunteer workers. Councilman Asting moved that we approve the request. Councilman Ledbetter felt we were going to set a precedent and anybody employed by the City can have these things replaced. The City Clerk stated they paid for a Fire Department person who lost his glasses and Councilman Ledbetter said that was during the fire fighting. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Public Works - This is a request to approve the bid for the metal building addition. Council- woman Bennington stated she had been checking around for an alternative to get the same results at less cost. She is looking at construction trailers built to our specifications for approximately half of what this metal building is going to be. It would be panelled, air conditioned, heat, full bathroom facilities. She had asked Earl Copeland to work with it to see if it is feasible and what he is looking for. Earl Copeland said he has no prices and hasn't had time. Councilwoman Bennington asked him if he felt it was feasible. Prices are from $4,000 to $10,000 with two weeks delivery. Councilman Ledbetter said if Mr. Copeland will give him a list helll take it to a friend of his to be sent to the factory and perhaps they can get it to about $100 above cost. They are making 12, 14, and 16 ft. wides. Mr. Copeland pointed out that weill have to put in a septic tank and drain fields. These were included in the bid from Harris Construction. Councilman Ledbetter suggested if they don't want to go the trailer route, perhaps they could put up a block wall and paint it. Mr. Copeland asked Councilman Ledbetter to come down and look at it. Councilman Spencer moved that Earl Copeland be requested to consider the alternatives, both construction out there and the possible use of a construction trailer. and to come back to Council with his recommendation. Councilwoman Bennington seconded. Mayor McKillop stated that since the bid package will run out, is it all right to have her notify the people that the bids were rejected. Councilwoman Bennington suggested we ask them to hold for another two weeks. Mayor McKillop said weld just not answer them and we can go under that assumption if we offer them a job. Motion CARRIED 5-0. COMMUNICATIONS The City Clerk stated the Council has been presented with a petition signed by 576 residents. The total number of registered voters is 4,067. The petition states the undersigned petition the position of city manager be dissolved and any references to this position be deleted in the City Charter. She stated that KatherineOdham suggested she bring this to Council first. and then with Council IS authority, send it over to her for certification of signatures. Councilman Asting moved that the petition be forwarded to Katherine Odham for verification of signatures, Councilwoman Bennington seconded. Mayor McKillop questioned the time element for verificafion then it would be 2 weeks before we get it back, unless there are subsequent motions the process would take 3 or 4 days to check the signatures would hold the process up for 2 full weeks because we would then meet again and just be getting it back. Councilman Asting said when "the signatures are verified then we can set the date for the referendum. Motion CARRIED 5-0. Councilman Ledbetter moved that when the City Clerk obtains the valid signatures for the petition, it be turned over to the City Attorney to call the election according to State Statutes. Councilman Asting seconded. Councilwoman Bennington asked the City Attorney if the Council instituted a referendum, how does this petition affect the referendum we are working on. City Attorney Alvarez said it does not. This petition will probably be included as one of the options in the referendum. Depending upon what Council decides as to which questions are to be asked. This question has to be included. If there are any other questions that's up to Council. Councilwoman Bennington asked about a time limit. City Attorney Alvarez said according to State Statutes you have to advertise for a minimum of 45 days so you can't have it any less than 45 days from when you decide what the questions are going to be. -8- Regular Council Meeting Minutes February 7, 1983 Q u COMMUNICATIONS (continued) Councilman Spencer felt that whatever the motion was, the petition be referred to the City Attorney to determine that the action the Council has taken applies to State Statutes. He is concerned that the City Council would make a motion to hold a referendum and is in the process of doing this, and we all need to recognize there is a petition from citizens. Councilman Asting stated this petition from the people will have to be included on any referendum the Council decides on and other questions the Council comes up with could be included on the same referendum. Mayor McKillop said they are going to send it to the Attorney for compliance with the State Statutes and State Statutes say that you can either call a special election at a date determined by the Councilor wait until the next general election. So a motion that simply said to call it conformance with State Statutes, it would still have to come back to us for a date. When it has come back to us with a date for election, as long as it has to come back anyway, what he1s concerned with is the people turned in a petitioQ 576,and talking with them individually they want one question on the ballot and they don't want any confusion, they want that question to be there for the people to vote on so they can get a clear and concise answer to one specific question. He has problems with that and he can't see denying the people the right to have their vote on one item.when the Council had better than 2i months to do something with this. He asked that the motion be clarified to come back with a date. Motion CARRIED 5-0. Mr. Walter Gross called a point of order. Mr. Gross, 909 Lake Avenue, spoke as President of C.O.E. He said they went out in good faith and went to the five zones. In Zone 5 they got many names. The 576 names represent approximately 14% of all the registered voters in our city and also represents approximately 30% of the total number of people that voted in the last election. They are asking Council to give them a referendum so they can administer their right to vote one way or the other. He asked Attorney Alvarez to abide by the will of the people. Mr. Gross asked what the next move will be and Mayor McKillop said the verification of the signatures. After that the City Attorney will report back to us and ask us to state what date we want to have this. Mayor McKillop stated the report from the City Attorney says we have a good Charter and could be used for all three forms of government without change as it has a great deal of flexibility to it. Mr. Gross said they want the question resolved one way or the other and he feels that Nancy has done a tremendous job and he thinks she can run the job she's doing without any problem for the City. Councilman Spencer asked about the referendum the Council voted to consider. Mayor McKillop suggested it be under unfinished business. Request for Flea Market at Pelican Place - Councilman Asting moved to approve this request for a flea market to be held February 19 and February 20, Councilman Spencer seconded. Motion CARRIED 5-0. Persimmon Place - Request to Assume Utilities. Councilman Asting moved to deny this request, Councilman Ledbetter seconded. Councilman Ledbetter stated that this is the second time this has come up and the man was informed before that we would not accept responsibility on private property. Mr. Ar.thur Poole, 232 North Ridgewood, spoke to Council. He understood that the three minor problems llsted previously had been corrected. Mayor McKillop read a letter dated February 1,1983, from Terry Wadsworth, Superintendent of Utilities, which stated that no corrective measures had been initiated. Mr. Poole said those items were done, probably after April 13. Mayor McKillop said this letter is dated February 1,1983. Mr. Poole asked if they correct the problems...Mayor McKillop said this was the memo we had. Councilman Ledbetter said if they accept the utilities, we're going to accept maintaining streets on private property and at no time did they promise that man that they would accept the lines and pumping station on that private property. Mr. Poole stated this is contrary to what Mr. Roche told us. Councilman Spencer asked Mr. Ledbetter if things relative to the lift station were corrected, would it be appropriate for the City to take over the lift station, and not the other part. Councilman Ledbetter said if we accept one part of it you1re going to accept it all. Discussion followed regarding the previous correspondence. Mr. Poole asked after correcting these items, should they come back to Council. Mayor McKillop suggested before proceeding to correct any items, you write to the Council before you spend any money. Motion to deny the request CARRIED 5-0. Petition re: Civil Defense Director Re-appointment - The City Clerk stated we have a petition with 138 signatures requesting the re-appointment of Vic Vandergrifft. Councilman Spencer moved that we accept the petition, Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Asting moved that the position of Civil Defense Director be vacated and we accept applications from anyone who feels they are qualified to hold this position as soon as possible. Councilman Spencer called a point of order. He believed that is on the agenda as item 9A. Councilman Asting withdrew his motion. -9- Regular Council Meeting Minutes February 7, 1983 v ~ Robert Christy - Robert Christy, 1916 Evergreen Drive, spoke to Council regarding the Community Development Block Grant project. He read the section about any public officer who misappropriates or mishandles public funds is personally liable. He had talked with the County office regarding the grant and this was supposed to be for blight areas which we have very little of. He said the approval of these streets paved was not presented to the Council and was not presented to the City Attorney as the ordinance required. He said the City may have to pay for this now but it is up to the councilmen to get the money back. The City Clerk said the County did not feel there was adequate documentation of the selection of Lake, Mary, Alice and Jeane Streets, however the paving has been done. A survey was then initiated by the City Clerk which confirmed that these areas did qualify and formal confirmation will be sent by the County later this week. Mr. Christy asked if these streets qualified. The City Clerk said they met the criteria for low to moderate income. Mayor McKillop stated a County person and City employee went out and surveyed our residents,then made the determination that it is in compliance. Mr. Christy then spoke on the City Barn. He stated we have put $22,755 for building improve- ments out of Federal Revenue Sharing. and it is in very bad shape out there. He has reviewed the poor condition of the roof, wet light fixtures, cable hanging down, etc. Councilwoman Bennington said if we can get this trailer for $10,000, that gives us $12,000 to correct these problems. Councilman Ledbetter stated that preventive maintenance would have been a big step forward. Discussion followed regarding the metal building addition. Mr. Christy then stated there is a safety factor regarding oxygen and medical and first aid kits. He then talked about the spray booth. Mr. Montesano had to spend a large amount of money for a spray booth and we demanded D & A go out and spend quite a lot of money for a spray booth. but the City doesn1t have to do that. ORDINANCES AND RESOLUTIONS Due to the Attorney's ill health, the Mayor read the titles of the resolutions. 83-R-18.A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY FOR AN EXPIRED TERM AND APPOINTING ONE MEMBER TO FILL A VACANCY AS AN ALTERNATE TO THE PLANNING COMMISSION OF THE CITY OF EDGE- WATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: That Frederick J. Finn is hereby appointed to the Planning Commission of the City of Edgewater, Florida, to fill a vacancy for an expired term. This appointment is for a three-year term to end February 1,1986, and That Lyle Chenoweth is hereby appointed to the Planning Commission of the City of Edgewater, Florida, as an alternate member for a one-year term to end February 3, 1984. Councilman Spencer moved to adopt Resolution 83-R-18, Councilman Asting seconded. Motion CARRIED 4-1. Mayor McKillop voted NO. The Mayor read Resolution 83-R-19. A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY FOR AN EXPIRED TERM ON THE ZONING COMMISSION OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: That M. F. Wheeler is hereby appointed to the Zoning Commission of the City of Edgewater, Florida, to fill a vacancy for an expired term. This appointment is for a three-year term to end February 1, 1986. Councilman Ledbetter moved to adopt this resolution, Councilman Spencer seconded. Motion CARRIED 3-2. Councilwoman Bennington and Mayor McKillop voted NO. The Mayor read Resolution 83-R-20. A RESOLUTION APPOINTING TWO MEMBERS TO THE BUILDING CODE BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO FILL VACANCIES FOR EXPIRED TERMS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH ANDPROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: That Joseph Troutner and Robert Howard are hereby appointed to the Building Code Board of the City of Edgewater, Florida, to fill vacancies for expired terms. These appointments are for four-year terms to end February 16, 1987. Councilwoman Bennington moved to accept it, Councilman Spencer seconded. Motion CARRIED 5-0. UNFINISHED BUSINESS Civil Defense Director - Councilman Spencer moved to re-appoint Vic Vandergrifft as the Civil Defense Director effective for a one-year term starting September 16, 1982. Council- woman Bennington seconded for discussion. Councilman Asting said he feels ~/e should have someone who has had civil defense training and he doesn't feel that Mr. Vandergrifft has had any civil defense training. Councilman Spencer noted that all Council members had copies of the letters of recommendation which commends Vic Vandergrifft for various positions he has held. Councilman Asting said we had a power outage a short while ago and the generator which is to be maintained by the Civil Defense Director was not operational when it was time for it to be used by the Police Department. Discussion followed regarding just which gener- ator this was. The City Clerk stated she had contacted the County Civil Defense Department and was told that city Civil Defense Directors may have certification, but are not required to have it. Discussion followed regarding the application form filled in by Mr. Vandergrifft. Motion to re-appoint Vic Vandergrifft CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. -10- Regular Council Meeting Minutes February 7, 1983 . v v ~ UNFINISHED BUSINESS (continued) Councilman Spencer then brought up the referendum. Councilman Asting moved to adjourn the meeting and then withdrew his motion. Councilman Spencer stated that he thinks this v'Council wants to receive direction not just relative to the city manager, yes or no, but what form of government do the residents wish. Councilman Spencer then said he'd like to request the Council to instruct the City Attorney to prepare a letter ballot explaining in simple terms three forms of government as needed, explained in considerable extent in his resume' or treatise he's given us, and that it be prepared and sent to the voters in the form of a letter ballot, and he moved that Council request the Attorney to prepare such a letter ballot for consideration by the Council. Councilwoman Bennington seconded the motion. Mayor McKillop brought up the cost to mail out the ballot to 4,000 registered voters at 20i each, which would be $800, and then mailing back would be an additional $800. He didn't feel it would be in the interest of economy to spend $2,000. so set up the polling places and another $1,600. for a mail ballot. Councilman Ledbetter brought up the last time it was sent out most of them ended up the trash cans at the post office and someone was standing there and would marked them yes and turn them into the City Clerk. Mayor McKillop reviewed,the three forms of government. Councilman Ledbetter asked Mayor McKillop if he'd be able to perform as a full-time mayor if the voters go for the strong-mayor concept. Mayor McKillop replied that if it was the choice of the people, he would immediately resign when the results of the election were announced. There was a discussion between the City Attorney and Councilman Ledbetter regarding the Home Rule Act. Councilman Spencer brought up the fact that Nancy Blazi's term expires March 20th and the referendum requires 45 days minimum, and he was thinking a letter ballot might be a more speedy way of carrying out and determining what the voters really want in the form of city government. Councilman Asting brought up again that the peoples' petition has to be put on a ballot. Councilman Ledbetter asked the City Attorney when there's a motion on the floor to go out for a refer- endum and there's a petition from the people to go out for a referendum, what takes precedence. City Attorney Alvarez said it's not a matter of precedence, and each has its own right. If the Council is in a hurry to find a quick answer to start working under, then the mail ballot is the quickest one. On the -other hand, what the petition wants is a charter amendment. Each is independent. Nothing prohibits Council from having 2 or 3 questions. Within a certain given perimeter the petition has to be recognized and has to be effectuated. Within that perimeter is also the resolution adopted by Council to have a referendum as soon as possible. The other idea is some interim quick answer to get an idea of which way to go. Councilman Asting didn't think we need to put the question of a strong mayor on the ballot because the Council now has the authority to do it, and the Council has the authority to have the coordinator system. The question of the city manager is what came to us on the petition, the other two the Council can create. Mayor McKillop said that all three the Council can create, and the only reason we're going to election is because of Mrs. Benning- ton's motion. Discussion followed regarding Councilwoman Bennington's motion. Mr. Walter Gross called a point of order. He addressed the City Attorney and asked him if he made the statement that you would disregard the 576 names of the people of Edgewater in place of a paper ballot. The City Attorney replied, no, to the contrary. Mr. Gross then asked him if he feels the 576 names of the citizens of Edgewater should be respected. The City Attorney said, of course. Mr. Gross wanted to mention to this Council that they stated they would abide by the will of the people. He brought up the motion made by Councilwoman Bennington. Mayor McKillop said he doesn't think there is anybody on the Council who is not acting in good faith or who does not want to do what is perceived to be the will of the people, each person has his own idea of what is best for the people. There were then two points of order called and recognized by the Mayor, Mr. Frank Opal and Mr. Don Bennington. Mr. Frank Opal said what they're acting on right now is contrary to what the petition stipulates and it's like boondoggling you don't want an election. They're doing everything to circumvent the petition. He said all they have to do is put on the ballot what they have. Mr. Carmen Montesano stated he called a point of order before and was turned down, and he wants to know why. Mayor McKillop said he'd review the tapes and will be back with him at the next Council meeting as to the reason why. Mr. Don Bennington spoke on the motion made by Councilwoman Bennington which Mr. Gross had said was to settle the City Manager question once and for all. He said that was not what the motion said, and the motion was to settle the issue of what type of government the citizens want. Mr. Bennington then spoke on .the percent of residents who had signed the petition and it didn't state what type of government they do want. Councilwoman Bennington read her motion since it is one of the things they kept discussing. The motion said, I would like it to read that everything stay status quo as it is right now that the position, no major changes, no firing, if there is any problem with any of the departments that's brought up to us, weill review that position until we put this to a ref- erendum and decide or find out what form of government we want for Edgewater. -11- Regular Council Meeting Minutes February 7, 1983 , . ~ u '. UNFINISHED BUSINESS (continued) Mr. Walter Gross asked if he can listen to the tapes. Councilwoman Bennington said this is verbatim. Mayor McKillop stated that he thinks where people get confused on this is right at the beginning the statement ran lIat this point I think the question is why not put it to a referendum and finish it up and let's get .....their options. There's different kinds of government we can have. Let's give the people a vote and settle it once and for all. 11m tired of screwing around and around and beating a dead horse.1I Motion for letter and stra\~ ballot CARRIED 3-2. Councilman Asting and Mayor McKillop voted NO. Councilman Asting moved to adjourn. Councilman Ledbetter wanted to bring one more thing up. He brought up that a few months ago Mr. Carmen Montesano requested the previous Council to take his emergency vehicle, which is a wrecker, home with him. He answers calls from up and down the highway from Daytona to the Brevard County line. They didn't favor it. It takes this man 15 to 20 minutes to go from his house to get his wrecker to answer a call. Council- man Ledbetter moved that Mr. Montesano be allowed to take his wrecker home and his son if he's on call to take it to Wildwood, Councilwoman Bennington seconded. Councilman Spencer asked the size of the wrecker. Mr. Montesano said it's whatever 11m called for. Mayor McKillop asked Mr. Montesano to explain the classes of wreckers. Mr. Montesano said Class A is a one-ton truck, Class B is a two-ton truck, and Class C is a big truck, 5! ton. Whatever he's on call for is what he wants on his premises and it's been almost 7 months that he's been denied that. Mr. Montesano said hels on call for Edgewater, New Smyrna Beach, the Sheriff's Department, and the Highway Patrol. Councilman Spencer asked him where it will be parked. Mr. Montesano said anywhere on his 7 lots. Councilman Spencer asked if it would be on the street. Mr. Montesano replied it would not. Mayor McKillop stated he would rather have the entire issue br.ought back to Council and review the area in Wildwood and other issues. Mr. Montesano said that not long ago you gave a resident in Florida Shores permission to park his truck in his yard and to have a van in front of his house. The truck is 2~ ton and you violated your own rules. You denied me and gave that man permission. Motion CARRIED 4-1. Mayor McKillop voted NO. Councilman Asting moved to adjourn the meeting. Meeting adjourned at 1 :07 A.M. Minutes submitted by: Lura Sue Koser ~~~ N~ COUNCILMAN ~~ COUNCIk OMAN . COUNCIL~~~~ ~~ COUNCILMA ~ . ~ ~ ~ ATTEST: ~y~. CITY CLERK ~ APt89VED THIS d I DAY OF ,f~ ! 1983. ~h~a~ -12- Regular Council Meeting Minutes February 7, 1983