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01-17-1983 - Regular ~. ~ u ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING JANUARY 17, 1983 MINUTES Mayor McKillop called the regular meeting to order at 7:03P.M. in the Community Center. 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 Blazi Police Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. PUBLIC HEARING This was the first reading of Ordinance 83-0-4. The City Attorney read the ordinance: AN ORDINANCE AMENDING SECTION 604.04 (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. The City Clerk stated the Section should be 606.04 rather than 604.04. Councilwoman Bennington moved to open the public hearing, Councilman Ledbetter seconded. The Mayor opened the public hearing. Carl Cochran, Silver Ridge, said that the people he had spoken with didn't know anything about electric cleaning. He feels it should go before the Zoning Commission and a study should be made and that somebody should go to a plant where this is done. Mayor McKillop read the November 8, 1982, letter from Fred Vanzin of the Zoning Commission recommending 5-0 to approve the dry cleaning establishment. Bob Gaffney, Vice Chairman of the Zoning Commission, stated they approved it because they are proud of the new shopping center and don't want to discourage business coming to Edgewater. The business was represented by Frank Cannon and he feels they went to a great study. Technology in this dry cleaning business is modern, electric, and clean. Councilman Asting asked Mr. Gaffney if he knows of any other location that is using this technique for dry cleaning. Mr. Gaffney replied no. Frank Cannon came forward and advised there are no units close to Edgewater, but there are some in Orlando, Jacksonville, and Gainesville. John Siburn asked Mr. Cannon if they would be using flammable liquids in that business. Mr. Cannon said no, but an 8" block wall is put in as an extra precaution. Councilman Spencer read the three conditions listed in the ordinance: (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. Sebastian Siciliano noted the year on the third paragraph of the ordinance should be 1983, not 1982. He suggested specified technology rather than keep it open. He questioned if other chemicals that are not flammable are used, could other people open up a dry cleaning establishment. Councilman Spencer moved to close the public hearing, Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Spencer moved to adopt the ordinance on first reading, Councilman Ledbetter seconded. Motion CARRIED 5-0. . ~ (..; J APPROVAL OF MINUTES Councilman Ledbetter moved to approve the minutes of the January 3, 1983 minutes, Councilman Asting seconded. Mayor McKillop questioned page 4, 6th paragraph regarding Mr. Harry Wild. He feels it is out of context. The City Clerk stated we would check back on the tapes. The Mayor also felt that the statement by Councilman Asting "that we would have to negotiate the loan and pay interest, legal fees, bonding fees, etc." made it sound like a fact and it is clearly his opinion. Motion CARRIED 5-0. Councilman Spencer moved to adopt the minutes of the January 5, 1983, special meeting, Councilwoman Bennington seconded. Mayor McKillop questioned the third paragraph from the bottom, last sentence, "City Attorney stated that it could be accepted because his letter stated that he finds 7 members excessive, and he is not willing to serve with 7 members." The Mayor wants to make sure that that was what was said. He thought the attorney had quoted that he found it to be excessive and unwieldy, but not that he was not willing to serve with 7 members. Motion CARRIED 4-1. Mayor McKillop voted NO. Councilman Ledbetter moved to adopt the minutes of the January 10, 1983, special meeting, seconded by Councilman Spencer. Motion CARRIED 5-0. BILLS AND ACCOUNTS The City Clerk stated there is a supplemental bill for the City Attorney, and also two bills from Briley, Wild. Councilman Spencer moved that we consider the Briley, Wild bills separately from the other bills and accounts and attorney's bills and consider the latter two simultaneously. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Spencer moved to approve the bills and accounts and the attorney's bill, Councilman Ledbetter seconded. Motion CARRIED 5-0. Councilman Spencer moved that these bills be deferred to the acting city Nancy Blazi, to obtain more justification for the bill and to determine fact a valid bill in accordance with the contract that the City has with He has looked at the bill s and has some concern that this may not be so. Bennington seconded. Motion CARRIED 5-0. administrator, if they are in Bril ey, Wi 1 d. Councilwoman MISCELLANEOUS Frank Opal, Florida Shores, spoke on two items. First, about a motion made last December 20, 1982, by this Council to put on a ballot whether we want a city manager or not. He feels they just have to get down to the business, put it on the ballot, and get it over with. Secondly, we have a resolution 81-R-74 passed on September 16, 1981, appointing a civil defense director here in Edgewater for a term of one year which expired last September. For the past year and more he has been checking on this and there is a salary being paid and there's nothing in this resolution. Salary has been paid of $100 a month and he under- stands it is $150 a month now. He questioned who authorized this payment. There is nothing to stipulate paying someone even if the term expires and that expired already on September 16, 1982. Someone stuck in a figure of $1,200 and this was never passed at a budget meeting, or voted on. Bill Muller, Wildwood Drive, asked Councilwoman Bennington why she had a sudden change of heart when she expressed herself in saying that each person must submit a brief before Council can consider them for appointment to a board. Why did she appoint from the stage someone who was in the audience. Councilwoman Bennington did not reply. Councilman Ledbetter stated that if Councilwoman Bennington had not made that nomination, he would have. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Councilman Spencer moved to change the order of business and that they take Items 9.B., 9.C. and 9.0. regarding departments of the City so the others can get their part of it over and not wait until the very end. Councilman Asting seconded. Motion CARRIED 5-0. Information Requested on Purchase Exceeding $1 ,OOO.-Parks and Recreation Department The City Clerk read the letter from Dan Cory which listed the work to be done. Councilman Spencer moved to approve the bill to Dan Cory, Councilwoman Bennington seconded. Council- woman Bennington stated that Dan Cory was not the one who gave the estimate of $300, it was one of the employees, and the work was much more extensive than had been anticipated.. Motion CARRIED 5-0. -2- Regular Council Meeting Minutes January 17, 1983. ~ ~ u Bids for Mower - Parks and Recreation Department. The City Clerk read a letter from Superintendent Mike Avery recommending the bid of $2,700. be awarded to Deland Equipment Company. Only the one bid was received. Councilwoman Bennington moved to table this until Mr. Avery can be present, Councilman Spencer seconded. Motion CARRIED 5-0. Bids for Public Works Building Addition. The City Clerk read a letter from Superintendent Earl Copeland regarding the recommendation of the bid to Harris Construction Co. in the amount of $21,897.00. A bid was received from another company in the amount of $26,470.00. Councilman Ledbetter moved to table this for further study, Councilwoman Bennington seconded. Motion DID NOT carry 2-3. Mayor McKillop and Councilmen Asting and Spencer voted NO. Councilman Asting stated that this was brought before Council before and it was pointed out that the female employees of the street department have no restroom facilities, and have to use a common restroom with the men. He feels this is probably against the law. Council- woman Bennington felt that since the auditor's report is not yet in, we are being premature at this point. Councilman Ledbetter stated he is not taking that into consideration since the female employees were aware of the situation when they were hired but he is concerned about litigation for the City and we may need the money for that instead of an addition to the barn. Councilman Ledbetter asked the City Attorney if revenue sharing can be used for the barn as he felt it was for building roads and reducing ad valorem taxes, not capital improvements such as building. The City Attorney stated he is not familiar with the revenue sharing funds but will answer as soon as he can. Councilman Spencer feels we are able to afford a new building as the cash status report shows that we do have a balance of some $415,000. and that seems like an adequate situation for the city to proceed with this particular project. Councilman Asting stated that the cash balance looks more than it really is as we have two more weeks of bills and accounts and payrolls to be met~ also, the remainder of the road paving project, which is $155,000. and the Briley, Wild fees. Councilman Spencer stated that Mr. Copeland has been back twice and he hopes they'll approve the request. Discussion continued regarding waiting for the auditor's report before acting, and determining the period of time the bid would be firm. Councilman Spencer moved to accept the quotation from Harris Construction Co. and authorize the construction of the office area at the city garage, Councilman Asting seconded. Discussion followed regarding possible litigation costs. Councilman Spencer with- drew his motion, Councilman 'Asting withdrew his second. Councilman Spencer moved to table this until the February 7th meeting, Councilman Asting seconded. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES There was a return to this item after the three items under 9.B. ,9.C., and 9.D. were moved up and acted upon. Councilman Spencer spoke on charges for the community center use. Due to its heavy usage, he feels it may be desirable to review the fees. Councilman Spencer moved to direct the acting administrator to provide before the next meeting a list with fees charged to each organization during the month of January and that she make recommendations of any changes in the fee schedule that she believes to be appropriate. Councilwoman Bennington seconded. Councilman Ledbetter spoke on the manpower hours of the Parks and Recreation Dept. employees for the cleanup, and also for the electric, water, and manpower hours for the shuffleboard courts. He feels this should also be reviewed. Councilwoman Bennington suggested that along with this list that Councilman Spencer requested that we add a list of who exactly is using it, how often, and how much it is costing us approximately to clean up after them to determine fair prices. Councilwoman Bennington put this in the form of an amended motion, Councilman Ledbetter seconded. Councilman Asting wants Council to consider re-establishing the Board of Governors which was done away with by the last Council. Motion on the amendment CARRIED 5-0. Main motion as amended CARRIED 5-0. Councilman Spencer next spoke on land for recreational purposes. He feels the City should acquire more land for recreation and parks. He moved that the Council direct the acting administrator to have a list prepared of all City owned property, including a general description of the property, its size, location, and present use, and that this list be given to each member of Council as well as to the Parks and Recreation Department, members of the Parks and Recreation Board, the Zoning and Planning Boards and to any other interested parties who may want it. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Spencer continued with a request to have the median strips on 442 and the shoulders of U.S.l mowed more frequently. He moved to have the city administrator investigate this to see what the options are. Councilman Ledbetter stated that two years ago they wanted to take over this mowing and were instructed we could if we also accept the liability along with it. Councilwoman Bennington seconded the motion. Councilman Ledbetter feels the City should not be saddled with something we are paying taxes for. Motion CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. -3- Regular Council Meeting Minutes January 17, 1983 '-> <.J Councilman Spencer then spoke on water runoff because of the different floor elevations since the ordinance in 1979 changed it to a higher level. People in these houses built prior to this ordinance are concerned the new height will cause runoff from the property onto their property. Councilman Spencer moved to refer to the Building Code Board this problem and ask that they consider and recommend to Council an ordinance, or change in ordinance, to protect existing homeowners on future runoffs. Councilwoman Bennington seconded. Councilman Ledbetter stated that road graders going over shell roads makes the road change, and the ordinance was changed mainly for people in Florida Shores where the roads keep shifting with the road graders. He also stated until we get a report back from the county on Wildwood, which is due between now and next month, we would be wrong to tackle this situation. Councilman Ledbetter suggested this go to the Planning Board rather than the Building Code Board. Councilman Asting didn't feel there would be that much problem to the houses with 12" above the road. Mayor McKillop commented that Laura Reilly was in a short time ago regarding, the house next to her and the runoff causing ponding and everyone was sympathetic to her and he sees no harm in referring it to that board. Motion CARRIED 5-0. Councilman Spencer spoke on the pilot low pressure sewer system in the north end of Florida Shores. The project has not been implemented and he feels it should be. Councilman Spencer moved that the Council hold a workshop on this subject and request the presence of Terry Wadsworth and also the City Engineer who did the study to familiarize the Council with this project. Councilman Ledbetter seconded. It was decided the workshop would be held Tuesday, January 25th, at 1:00 P.M. in the Community Center. Motion CARRIED 5-0. Mayor McKillop called a recess at 8:40 P.M. for five minutes. to order at 8:47 P.M. The meeting was called back Councilman Asting moved to consider re-establishing the Board powers and functions that the previous board had and he would the next meeting for discussion and possible re-activation of better seconded. Motion CARRIED 5-0. of Governors with the same like this on the agenda for the Board. Councilman Led- Mayor McKillop announced he will be at the Airport Executive Park on Wednesday, the 19th, for the opening of the new Daytona Beach Regional Airport. He will also be going to Valencia Community College at no charge for anything for elected officials for three meetings. Councilwoman Bennington stated she had signed up for that also. Mayor had a report from Mr. Carl Shell from the shuffleboard court and asked that it be put in the press box and to all council, with copies to the Recreation Department. Councilman Ledbetter suggested the City Clerk go back in the files to see the agreement between the City and the shuffleboard courts to build the building. Mayor McKillop asked that this be added to the package. Mayor McKillop then brought up the resolution which was for one year. He stated we need to re-appoint Vic Vandergrifft or go out for new applications or maybe even abolish the position as a paid position. Discussion followed and it was decided to have this item on the agenda for the next meeting. The Mayor asked that copies of 81-R-74 be given to all Council. The Mayor wants Resolution 81-R-5 be considered at the next meeting regarding membership on advisory boards, and husbands and wives serving on boards and council. He thinks the Council can decide this. The City Attorney reported that work on two projects, one on the new assessments and the necessary legislation for assessment and the other on referendum, will have paper work forthcoming. He prepared two draft ordinances on the conflict of interest which are to be reviewed for adoption at a later date. When the Council determines which ordinance they prefer, helll forward it to the Ethics Commission in Tallahassee to get their input to see if this will be in conflict with Chapter 112, Part III, of the Florida Statutes. When an answer is received from them, we will put it on a regular agenda for adoption. The ordinances are baSically the same except for Section II. State law requires 15 days within the vote. This ordinance would provide that in addition to the state requirements the members of Council will have to disclose the conflict immediately prior to taking the vote. Councilwoman Bennington requested that since there appears to be a question as to conflict of interest between her husband and herself, she wants this ruled on by the Ethics Commission. The City Attorney stated he will check on this. The draft ordinance "A" will be the ordinance with the shorter Section 2. Draft "B" will be the more detailed Section 2. Councilman Asting moved that we hold this until the next Council meeting, Councilman Ledbetter seconded. Motion CARRIED 5-0. Mayor McKillop asked the City Attorney if he had to file a conflict of interest on the payment of bills to the post office. The City attorney advised he does not have to because it is the sole supplier. The only place to buy stamps is the post office. -4- Regular Council Meeting Minutes January 17, 1983 ~" U COUNCIL/OFFICERS REPORTS/BOARD AND COMMITTEES (cont'd) There was a request for a home occupation~ "license from Kenneth Roberts and Charles Ellis. Kenneth Roberts", 3016 Mango Tree Drive, spoke to the Council. Councilman Spencer asked if a vehicle will be parked at the residence. Mr. Roberts stated it would and that it is a small pickup truck. Councilman Spencer questioned the procedure for occupational licenses. Discussion followed regarding the need for home occupational licenses. Councilman Ledbetter moved to grant the license. Councilman Asting seconded. Motion CARRIED 5-0. Next was a request for a home occupational license for Ge6rge Mahan, 2616 Travelers Palm, who wishes to store a mobile food unit vehicle at his home. This is the R-2B zone and he only wishes to park it behind his home. Councilman Spencer questioned the size of the vehicle. Mr. Mahan stated it was a 10-fopt van. Councilman Spencer asked if this is classi- fied as a one ton or less. Mr. Mahan said he believes it is. Councilman Spencer stated he had driven by his home the other day and had seen it and the application does state it would be parked behind the house. Mr. Mahan said yes. Councilman Spencer said he did not stop to get out but it looked to him like it might be a problem of how to get it around to the back of the house. Mr. Mahan said he goes through 27th there where the poles are. Council- man Spencer said it looks like the garage is fairly close there. Councilman Spencer asked again if it would normally be parked behind the house. Mr. Mahan replied yes. Mayor McKillop asked Mr. Mahan to bring in a copy of ~he registration to City Hall tomorrow morning to show the size of the vehicle. Councilman Bennington moved to approve this license, Councilman Asting seconded. The City Clerk suggested the occupational licenses form be redone as this form is not suitable for what we need. This was agreeable to Council. The City Clerk read a request from the Police Chief to go to Winter Park, with the $200. for expenses to come from training funds. The dates are Jan. 19, 20, and 21 and he attends on a regular basis. The Chief is on the Board of Directors for Police Chiefs of six counties. Councilman Spencer moved to approve the Chief's request, Councilwoman Bennington seconded. Motion CARRIED 5-0. " The City Clerk advised there is a seminar at Altamonte Springs on Thursday, January 27, on transportation, highway patrol and safety. The City Clerk feels the City should have repre- sentation at this seminar. The cost is $7.50 which includes lunch. Councilwoman Bennington moved to have Chief Baugh and another representative attend this seminar, Councilman Ledbetter seconded. Motion CARRIED 5-0. The City Clerk read a request from New Smyrna Beach to give them support for a request for a traffic light at U.S. 1 and 10th Street going into the new Junior High School. She noted that we would like a light at'Magnolia and U.S.l across from Winn-Dixie. Chief Baugh stated he had spoken with the county DOT and has a meeting the last Friday of this month regarding traffic lights. The State had advised that they have no funds. The meeting pertains to traffic lights at Park Avenue and 442 also. Mayor McKillop said he will attend the meeting. Councilman Spencer moved to have the Mayor and City Council send a letter to support these traffic lights, Councilwoman Bennington seconded. Motion CARRIED 5-0. The City Clerk advised the Volusia League of Municipalities dinner meeting will be February 24 at Packwood's and this meeting will be sponsored by Edgewater and Oak Hill. Parks and Recreation Board re: Athletic Program. The City Clerk read a letter from Tom Wyatt regarding the Parks and Recreation Board taking over the responsibility of the athletic program in the City. She then read a letter from Bob Wolfe stating the Edgewater Athletic Association wants the City to take over the athletic program and they would be the funding agency and booster club. Councilman Ledbetter spoke regarding E.A.A. asking for funds for a charter and now that the City has paid the bill they don't want to be a part of it. Tom Wyatt advised it was formed with the intent that it would be turned over to the Edgewater Parks and Recreation. Councilman Ledbetter moved that we table this until we get more input, Councilman Asting seconded. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Councilman Spencer asked the Police Chief about a report regarding a gentleman's complaint about odors. The Chief stated he had talked with the Health Department and they are to come down and take samples to be analyzed either this afternoon or tomorrow. COMMUNICATIONS Mr. "Kenneth Dudleyre: Installation of Crematory Unit. The City Clerk read a letter from Mr. Kenneth Dudley regarding installation of a crematory unit. She advised that at the City Attorney's request this is being sent to the Zoning Board to see if it is an accessory use or a permitted use. This is for Council information only at this point. Ms. Ann Thomas - Edgewater Public School P.T.A. President. The City Clerk read a letter from Ms. Ann Thomas requesting the Council attend the Feb. 14th P~T.A. meeting. Mayor McKillop and Councilman Spencer stated they will attend, and the other"three Council members were uncertain but would advise as soon as possible. -5- Regular Council Meeting Minutes January 17, 1983 ~ ~ Mr. Ward Towers - Resignation from Planning Commission. The City Clerk read the letter from Mr. Towers resigning from the Planning Board. Councilman Ledbetter moved to accept the resignation and to send a letter thanking him for serving on the Board, Councilman Asting seconded. Motion CARRIED 5-0. Mayor McKillop noted the next in line to appoint is a new alternate and make the alternate a regular member. Councilwoman Bennington felt we should review all applications again. Councilman Spencer proposed at the next meeting they consider either re-appointing the alternate, or someone else if desired, and appoint a new alternate to that board. Mr. Tower's appointment is due to expire February 1, 1983. ORDINANCES AND RESOLUTIONS 83-0-2. 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. Councilman Ledbetter moved to adopt this ordinance, Councilwoman Bennington seconded. Motion CARRIED 5-0. 83-0-3. 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, MANAGER 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. Councilwoman Bennington moved to accept this ordinance, Councilman Spencer seconded. Motion CARRIED 5-0. 83-R-9. The City Attorney read Resolution 83-R-9. A RESOLUTION RE-APPOINTING CITY OF EDGEWATER POLICE DEPARTMENT EMPLOYEES WILLIAM RICKELMAN AND WILLIAM BRITAIN AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR THEIR DUTIES, RIGHTS, AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved to adopt this resolution, Councilwoman Bennington seconded. Motion CARRIED 5-0. 83-R-10. The City Attorney read Resolution 83-R-10. A RESOLUTION APPOINTING CITY OF EDGE- WATER EMPLOYEES CORNELIA KINSEY, KAREN RICKELMAN, AND DEBORAH SIGLER AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR THEIR DUTIES, RIGHTS, AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved to adopt this resolution, Councilman Asting seconded. Motion CARRIED 5-0. 83-R-ll. The City Attorney read Resolution 83-R-ll. A RESOLUTION APPOINTING TWO MEMBERS TO FILL VACANCIES ON THE LIBRARY BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ledbetter moved to re-appoint Lillian Bond~Nelson and Jean Haughwout, Councilwoman Bennington seconded. Motion CARRIED 5-0. 83-R-12. The City Attorney read Resolution 83-R-12. A RESOLUTION APPOINTING CITY OF EDGEWATER EMPLOYEE DEBORAH SIGLER AS A MEMBER ON THE MERIT BOARD OF THE CITY OF EDGEWATER, FLGRIDA; PROVIDING FOR THE DUTIES AND RESPONSBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council- woman Bennington moved to adopt this resolution, Councilman Spencer seconded. Mayor McKillop questioned if the employee could serve on two boards. The City Attorney stated that he would check it. Councilman Spencer moved to approve the resolution subject to the City Attorney's advice as to legality, Councilman Asting seconded. Councilwoman Bennington withdrew the original motion, Councilman Spencer withdrew his second. Motion CARRIED 5-0. 83-R-13. The City Attorney read Resolution 83-R-13. A RESOLUTION SETTING THE CHARGE FOR THE INSTALLATION OF CULVERT PIPING UNDER DRIVEWAYS THAT CROSS DRAINAGE DITCHES, CON- TAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved to adopt this resolution, Councilwoman Bennington seconded. Councilman Ledbetter questioned the difference of just $43 for thirty foot cwverts more than the twenty foot. Mayor McKillop stated that Mr. Copeland had explained this to him to his satisfaction. Motion CARRIED 4-1. Councilman Ledbetter voted NO. -6- Regular Council Meeting Minutes January 17, 1983 c.J - u 83-R-14. The City Attorney read Resolution 83-R-14. A RESOLUTION REPEALING RESOLUTION NO. 8l-R-5l, ADOPTED MAY 11,1981, AND ENTITLED "A RESOLUTION DECLARING THE CITY OF EDGE- WATER'S INTENT TO PROCEED TO APPOINT A CITY MANAGER, AUTHORIZING COMPENSATION TO BE PAID FROM MONIES APPROPRIATED TO FINANCE AND ADMINISTRATION, DIRECTING THE CITY CLERK TO RECOMMEND REVISING THE APPROPRIATION ORDINANCE, INVITING THE PROSPECTIVE CITY MANAGER TO APPEAR BEFORE THE COUNCIL" IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ledbetter moved to adopt this resolution, Councilman Asting seconded. Motion CARRIED 5-0. 83-R-15. The City Attorney read Resolution 83-R-15. A RESOLUTION REPEALING RESOLUTION NO. 8l-R-53, ADOPTED MAY 17, 1981, AND ENTITLED "A RESOLUTION APPOINTING A CITY MANAGER FOR THE CITY OF EDGEWATER, FLORIDA" IN ITS ENTIRETY CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this resolution, Councilwoman Bennington seconded. Motion CARRIED 5-0. 83-R-16. The City Attorney read Resolution 83-R-16. A RESOLUTION REPEALING RESOLUTION NO. 8l-R-54, ADOPTED JUNE 1,1981, AND ENTITLED "A RESOLUTION DESIGNATING JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, AS PERSONNEL OFFICER OF THE CITY OF EDGEWATER~ IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt this resolution, Councilman Ledbetter seconded. Motion CARRIED 5-0. 83-R-17. The City Attorney read Resolution 83-R-17. A RESOLUTION REPEALING RESOLUTION NO. 82-R-38, ADOPTED AUGUST 2, 1982, AND ENTITLED "A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO AMEND A CERTAIN AGREEMENT WITH JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA" IN ITS ENTIRETY, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ledbetter moved to adopt this resolution, Councilman Asting seconded. Motion CARRIED 5-0. A brief recess was called at 10:00 P.M. to clear up the paperwork. Meeting returned to order at 10:02 P.M. UNFINISHED BUSINESS Paving Project - Florida Shores. Councilman Spencer stated that since the audit report will be in the near future, he suggests they consider advertising for 2/3 of the cost of the project which will be assessed against the property owner so we will be in a position to borrow that money sometime in March. He stated that he had the secretary call Martin Paving to check the status of the paving. Martin Paving had said that they could start in about l~ weeks to pave all but the last section of Vista Palm, or they could wait 3 weeks to allow Vista Palm to set, and then do all at one time. Martin would prefer to do it all at one time. Councilman Spencer moved to request Martin Paving to start paving as quickly as possible, Councilwoman Bennington seconded. Councilman Ledbetter stated that the consulting engineers should be consulted. Motion CARRIED 5-0. Councilman Spencer stated because of the most recent bill we received from Briley, Wild he is concerned that they may not have been officially informed by the City that the City did not wish them to do any further work on that particular project. Councilman Spencer moved that the City administrator'inforin Briley, Wild they do no further work on this paving project arid to see that the City does receive fair value and the paving done correctly and Mr. Copeland be instructed to inspect the work on a daily basis, Councilwoman Bennington seconded. Councilman Ledbetter questioned how the City can get around the contract with Briley, Wild, who does all the work for Edgewater. The City Attorney wants to check the contract to review it. Councilman Spencer withdrew his motion, Councilwoman Bennington withdrew her second. Councilman Spencer asked the City Attorney to check to see if our contract with Briley, Wild enables us to cut them off if we so desire. Fire Department Officers. A list'of the new fire officers was submitted to Council. Councilwoman Bennington moved to accept this list, Councilman Asting seconded. Motion CARRIED 5-0. Mayor McKillop stated that he had been presented with a petition at the door regarding the referendum. He asked if any Council members were aware of this petition. There were no comments from Council. -7- Regular Council Meeting Minutes January 17, 1983 . (J u The City Attorney stated the Police Chief gave him a report regarding alleged possession of controlled substance and a vehicle which could be subject to the forfeiture law. The vehicle is a 1969 Chevrolet station wagon. The costs for this action are usually $300 to $350. Discussion followed v/hether or not it would be worth the costs involved due to the low value of the vehicle. Mayor McKillop suggested a report be given by the Police Chief by the next meeting. The City Attorney advised he needed a decision from Council to see if the vehicle is to be released or not. Councilman Ledbetter moved that the City Attorney drop the case and not try to make it City property, Councilman Ledbetter seconded. Motion CARRIED 5-0. Councilman Asting moved to adjourn the meeting, Councilman Ledbetter seconded. The meeting was adjourned at 10:25 P.M. Minutes submitted by: Lura Sue Koser ATTEST: - ~A{-l1 r ~' C I Y CLERK flL APpr~ this '7 day of . kL-Al --Ll~1983. ?! ~~ COUNCI -8- Regular Council Meeting Minutes January 17, 1983 ~ ~ ~. ~ ~