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01-03-1983 - Regular 1 u <.J CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING JANUARY 3, 1 983 Mayor McKillop called the regular meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present I 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 second and final reading of Ordinance 82-0-32. The City Attorney read the ordinance: AN ORDINANCE AMENDING SEC. 2-26, CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, ESTABLISHING THE ORDER OF BUSINESS ON THE AGENDA FOR THE REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Councilman Spencer moved to close the public hearing, Councilman Asting seconded. Motion CARRIED 5-0. Councilman Ledbetter moved to adopt the ordinance, Councilwoman Bennington seconded. Motion CARRIED 5-0. APPROVAL OF MINUTES Councilman Spencer moved to approve the minutes of the Special Meeting of December 9, 1982, Councilman Ledbetter seconded. Councilwoman Bennington suggested that she be called either councilman or councilwoman but to please be consistent. Motion CARRIED 5-0. The City Clerk called attention to two corrections to be made to the December 20, 1982 minutes. On page 3, second paragraph, the words "May-Zima" should be deleted as the firm was not represented at that meeting. On page 4, third paragraph from the bottom, the third line should have the word "not" deleted. Councilman Spencer moved to approve the minutes of December 20 with the two corrections, Councilman Ledbetter seconded. Councilwoman Bennington stated that on page 4 she had asked that this whole section be typed up verbatim and she wants this included in these minutes. The City Clerk advised a majority vote of Council is needed for verbatim to be added to the minutes. Councilwoman Bennington moved to amend the approval to include the verbatim transcript to the minutes, Councilman Spencer seconded. Motion CARRIED 5-0 to approve the minutes. Motion CARRIED 5-0 on amendment to include the verbatim transcript. BILLS AND ACCOUNTS The City Clerk advised there is a purchase order for over $1,000. and the Finance Director has asked approval of this bill for $1,250. The purchase order was issued for $300. and is for the park and pier improvements. Councilwoman Bennington moved to approve the bills, including the $1,250., Councilman Asting seconded. Councilman Ledbetter questioned the difference in the $300. amount on the purchase order and the billing for $1,250. The City Clerk explained that the entire area had to be surveyed, not just out where the piers are. Councilman Asting asked if permanent markers were installed. Councilman Ledbetter suggested that this be held to get further information. Councilman Spencer requested that Mr. Avery get a better estimate before work is done in the future. Councilwom Bennington withdrew her motion, Councilman Asting withdrew his second. Councilwoman Bennington moved to pay all bills except the supplement, Councilman Ledbetter seconded. Motion CARRIED 5-0. MISCELLANEOUS Since Ordinance 82-0-32 was approved earlier in the meeting, Mayor McKillop opened audience miscellaneous. " u u MISCELLANEOUS (cont'd) Robert H. Christy, 1916 Evergreen Drive, spoke on resolution 82-R-37 of July 19, 1982 which authorized the City Manager to take steps necessary to borrow money or secure a bond for funds necessary to pave per resolution 82-R-22. He asked if there was any certifying of the money for the paving. He read from the Edgewater Code on certifications. Ben Vasquez, Florida Shores property owner, spoke on the paving program and reviewed his thoughts on the contract and interpretation of cubic yards. He feels the contractor should be paid when the road is topped. He questioned Councilman Spencer concerning his suggestion to pay the additional $52,000. Councilman Spencer responded by stating the City has a City Attorney and he does not propose to declare any legality and will be glad to follow the Attorney.s advice. Alvin Austin, 1012 Flagler, advised that the odor in this area is still strong and he wants Council to know it is still there. Walter Gross, 909 Lake, spoke as vice-president of COE. He advised that the gag rule was applied to him at the last meeting and after all the platform talks, he still was not recognized when he raised his hand to speak. He feels the figures given are wrong and that $400 is not enough. He asked is the property owner going to pay 1/3 of the cost of the paving, and of the intersection and the center. Councilman Spencer stated that the previous council had set the assessements and his understanding is that you take the total cost of the paving project and the City pays 1/3 for the City's share and the remaining 2/3 is divided equally between the property owners in accord with feet of frontage each has. Mr. Gross asked Councilman Spencer if he is saying that people will pay 1/3 of the cross sections and 1/3 of the center. Councilman Spencer stated that this is an estimate and it is not completed yet. Mr. Gross wants the press to be advised so people can know. He also asked if the two new wells will be operational soon. Frank Opal, Florida Shores, spoke on the last meeting of the Code Enforcement Board as the subject at that meeting was weed", control. He reviewed that he has been trying for two years to have section 7A. of the code book corrected to be "weed control" rather than "annexation". He asked the City Attorney to check this out. Councilman Asting moved to have the City Attorney research the question as to legality of section 7A of the City Charter and have an answer ready for the next regular meeting, Councilwoman Bennington seconded. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS OF BOARDS AND COMMITTEES The City Attorney reported on research he had done into referendum. Advertisements, etc., will take about 45 days. He stated there are three basic structures of municipal govern- ment - 1. City Manager carried on administrative duties of the city which is the City Manager plan, 2. Mayor/City Council plan in which the Mayor carries on the administrative duties, and 3. City Council plan in which the City Council operates by dividing among themselves the different administrative duties. He advised that the voting machines could only have room for a brief wording. It was suggested that the concepts of each be mailed to each elector with the explanation of each in simple terms, then at the election the title only would appear, thus you could vote only for one. Mayor McKillop suggested this be brought up again under 9.0. "Referendum". Councilman Spencer commented on the Parks & Recreation Department report which stated that a Boy Scout had done some painting and he wants Council to appreciate this. He also noted that in Earl Copeland's report that paving of some of the streets in the City has been accomplished - Lake, Mary, Jeane, and Alice Streets and some re-surfacing on Palmetto and Perdita Streets. Councilman Asting noted that the paving and re-surfacing that Councilman Spencer spoke about was done under the auspices of a grant from the county and it is a continuing program if we can meet the requirements of the grant. Mayor McKillop was asked three questions by Mr. Gross at the last meeting. The City Manager's office is open for Council to talk with citizens. Mrs. Blazi has taken that office but will give it up for Council's use. The former City Manager's secretary was typing ordinances under the direction of the Mayor. The City Clerk responded to this by saying that we do draft sections that Council wants and do this under the direction of the City Attorney. Final resolutions and ordinances are prepared in the City Attorney's office. Councilman Asting stated that the City should send a letter of commendation to the Boy Scouts but withdrew it when he was advised it was a boy working for his Eagle badge. Mayor McKillop suggested a letter be written to thank him and wish him well with the badge. -2- Regular Council Meeting January 3, 1983 ~ ~ ~ COUNCIL/OFFICERS REPORTS OF BOARDS AND COMMITTEES (cont'd Councilman Ledbetter asked that Council be advised at the next regular meeting of Council the Fire Department officers so that Council can accept them. COMMUNICATIONS The City Clerk read a letter from Attorney Jefferson Clark regarding annexation of property in Sections 1-18-34 and 2-18-34. Attorney Clark answered questions of Council regarding this annexation request, and suggested that this be put on the referendum since the City is planning a referendum anyway and this could be added. Councilmen expressed their concern of a possible enclave there and Councilman Ledbetter suggested that Attorney Clark contact the people in the Hill-Abernathy Subdivision who might want to come in also. Councilman Spencer moved that this be referred to the Planning Commission for their analysis and recommendations to Council as well as to the City Attorney for his consideration of the legalities involved here, Councilman Ledbetter seconded. Motion CARRIED 5-0. The City Clerk read a letter from Robert H. Christy. Mr. Christy came forward and addressed the Council, stating why he felt his rights had been violated. He reviewed his numerous certificates and degrees which qualify him to serve as civil defense director and reminded Council that he had quite a few years' experience and a lot of knowledge and he has volunteered all of his time. He read from Robert's Rules of Order regarding permission to speak. Recess called by Mayor McKillop at 8:28 P.M. Meeting called back to order at 8:38 P.M. Mayor McKillop requested permission to move the item under New Business up to this point so that the Superintendent could be excused. The Council agreed to this request. The City Clerk read the letter from Earl Copeland regarding purchasing culvert material. She also read a report from Mr. Copeland regarding the cost to the City and to the owner for installing a culvert. Costs were discussed and quantities on hand. Mayor McKillop stated he had asked Mr. Copeland to prepare this cost sheet as he feels the City should get the cost to the City for installing this culvert. Councilman Asting suggested we permit Mr. Copeland to order larger quantities and bring purchase orders over $1,000. to Council. Mr. Copeland advised Council he buys these on county bid prices. Councilman Asting moved we raise the prices to the two figures in the report, $254.19 and $296.99, the lower figure for 20 ft. and the $296.99 for 30 ft. Councilman Spencer seconded the motion. Motion CARRIED 5-0. The City Clerk stated that this was set by ordinance and would have to be amended to reflect this change. ORDINANCES AND RESOLUTIONS Ordinance 83-0-1 -The City Attorney read the, ordinance: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 82-0-19 ADOPTED JUNE 6, 1982, AND ENTITLED "AN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE CITY COUNCIL" BY REPEALING SAID ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL SHOULD CONSIDER AND APPROVE THE ISSUANCE OF ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DISPENSING WITH PUBLICATION AND THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF THE CITY COUNCIL. Councilman Ledbetter moved to adopt this Ordinance, Councilman Asting seconded. First roll call on the motion CARRIED 5-0 and second roll call on the motion also CARRIED 5-0. Resolution 83-R-l - The City Attorney read the. resolution: A RESOLUTION VESTING TEMPORARY AND WITH CONDITIONS UPON THE CITY CLERK THE ADDITIONAL ADMINISTRATIVE DUTIES AND RESPONSI- BILITIES DESIGNATED TO THE OFFICE OF THE CITY MANAGER FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS UPON THE CONDITION THAT THE EXISTING STATE OF AFFAIRS REMAINS UNCHANGED UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL. Councilman Ledbetter moved to adopt the Resolution, Councilman Asting seconded. Motion CARRIED 4-1. Mayor McKillop voted NO. Councilwoman Bennington moved that the position be given a 10% increase retroactive to the day she took office for the 90-day period, Councilman Asting seconded. Motion CARRIED 5-0. UNFINISHED BUSINESS Paving - Florida Shores - Councilman Asting reported on paving in Florida Shores as he had been designated as council representative to discuss settlement and a decision on proceeding with the paving program. He had spent 3t hours this afternoon with Briley, Wild and Martin Paving and the City Attorney. Option 1 would end at 26th Street with asphalt paving as prescribed in the contract and the cost would be $27,000. Briley, Wild offered $3,000. cash and $3,000. credit against future professional services rendered, a total of $6,000. Martin Paving offered $4,250. in soil cement credits and $1,500. work credits, total $5,750. Combined total of two credits would be $11,750. with the City's share to be $15,250. This could delay or eliminate the City's borrowing money from a bank. -3- Regular Council Meeting January 3, 1983 u Q UNFINISHED BUSINESS (cont'd) Option 2 is to finish the project per the contract at a cost of $51,000. Briley, Wild offered $3,000. cash and $5,000. in future services, for a total of $8,000. credit. Martin Paving offered $7,250. in cement credits. Combined total of two credits would be $15,250. with City's share to be $35,750. This would be for the paving of the additional four blocks on Vista Palm and the four blocks have five houses. This could be done at a later date in a future paving program. Option 2, the $35,750. cost to the City, would necessitate a loan be negotiated immediately in order to pay the con- tractor and we would have to pay interest, legal fees, bonding fees, etc. Mayor McKillop asked if these offers were firm and he was advised they are. Councilman Asting stated he favors Option 1 because of the lower cost to the City. Discussion followed regarding the two options. Mayor McKillop asked the City Attorney if he felt he could successfully defend the City in litigation in connection with the front foot assessments. City Attorney Alvarez stated that odds are, if challenged, he was less than 50% confident. Mayor McKillop asked the City Attorney what options are open to us. The City Attorney'explained the curative section of the Statutes, and stated that a municipality may obtain and make other assessments until a valid assess- ment is made. He explained the purpose of the public hearing so the people have the opportunity to come forward and examine the correction of the assessments of their properties and are able to present any claim they have for a reduction or a cancellation of the assessment. He also stated that if it is found and determined that the assess- ments are not sufficiently kosher, then you have the right to repeat the process and give the people the right to come forward. City Attorney Alvarez stated that he had seen two resolutions that day that he hadn't known existed and they are 82-R-42 which was intended to correct the error in the streets and the other was 82-R-37 which amended the previous cost resolutions to have an increase of up to $315,000. Councilman Asting reviewed the contract total number of feet and stated the Council adopted another resolution after the contract to pave the north side of Travelers Palm Drive. Councilman Asting displayed a map to the public which illustrated the sections that were to be paved. Mayor McKillop suggested that new front foot assessments be done correctly and order the paving contractor back on the street to protect the money that is out there right now. The City Attorney stated that the project is approximately 75% complete. Mayor McKillop advised that Robert Martin of Martin Paving has said that any problems with the roads up to this point will be repaired before he paves. Councilwoman Bennington moved to accept Option 2 and complete the projects, Councilman Spencer seconded the motion. Motion CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. Mr. Harry Wild of Briley, Wild Engineering spoke regarding the discounts for the additional four streets. Effect of the two options: Option 1 would be $4.54 per foot or $363. for an 80 foot lot; Option 2 would be ~.~l per foot or $345. for an 80 foot lot. Option 2 is less expensive to the individual. Councilman Asting pointed out again that we would have to negotiate the loan and pay interest, legal fees, bonding fees, etc. Councilwoman Bennington did not feel that borrowing is an absolute necessity. Councilman Spencer moved to request the City Attorney to take the necessary steps to have the assessments re-calculated and if necessary, a public hearing held on the subject based on findings of Council that figures are irregular and confusing. Councilwoman Bennington seconded. Motion CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. City Boards - Councilman Ledbetter moved to table this and set a workshop meeting for Tuesday evening at 7:00 P.M., Councilman Asting seconded. Motion CARRIED 5-0. The City Clerk will check the location and advise. Litigation Funds - Councilman Spencer moved that the recommendation from the Finance Director to transfer funds from the water interconnection to legal funds be approved, Councilman Asting seconded. Motion CARRIED 5-0. Referendum - Councilman Ledbetter moved to have a workshop meeting on this Wednesday at 7:00 P.M., Councilman Asting seconded. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Mayor McKillop asked the Council if the City Attorney could be excused from the Tuesday workshop meeting and be present at the Wednesday meeting. Council and the City Attorney agreed to this request. -4- Regular Council Meeting January 3, 1983 J " .' ~ '-' NEW BUSINESS Councilwoman Bennington moved to have a special meeting on the 6th to make board appointments, Councilman Ledbetter seconded. Councilwoman Bennington withdrew this motion, Coundilman Ledbetter withdrew his second. The City Clerk suggested that the special meeting be called first on Wednesday to have a definite time and the workshop on fue referendum be immediately following the adjournment. Councilman Spencer moved to call a special meeting to appoint members to the board on Wednesday at 7:00 P.M. and immediately following that we would hold a workshop on the referendum. Councilman Asting seconded. Motion CARRIED 5-0. Councilwoman Bennington asked the status of the old city car. The City Clerk advised that the water department is borrowing it on a temporary basis. Councilman Ledbetter moved to adjourn, Councilman Asting seconded. Meeting was adjourned at 10:12 P.M. Minutes submitted by: Lura Sue Koser COU ATTEST: ~l~' CITY CLERK I I~ Approved thi s / 7 day of I tf;:;;'V "' -5- Regular Council Meeting January 3, 1983 ,Y~ (/ (57 \ ~. q:.L() / ~ FORM 4 M~ORANDUM OF VOTIt+J CONFLICT LA~~AWin~I~~hN~:fgiMIDDLE NAME Edgewater, 3~fQ32 DCOUNTY DATE ON WHICH VOTE OCCURRED 1/3/83 NAME OF PERSON RECORDING MINUTES Sue Koser AGENCY is unit of: o STA TE MAILING ADDRESS .. 121 Virig1n1a st. CITY v8fBffli. a TITLE OF PERSON RECORDING MINUTES ~MUNICIPALITY Sec. NAME OF AGENCY City of Edgewater SPECIFY DOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: voted to pay a bill to for. Smyrna ~rafting for which I do work 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I do contract work for this principal 3. Person or principal to whom the special gain described above will inure: a.D Yourself b.O: Principal by whom you are retained: smyrna Drafting Service (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: ~ FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79