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11-15-1982 - Regular r' u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November IS, 1982 Minutes Mayor Christy called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Council Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. Jose Alvarez City Manager Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present Mayor Christy read a proclamation concerning Book Week in the City of Edgewater. Approval of Minutes: November I, 1982 - Councilman Pendleton motioned to approve the minutes of November I, 1982, seconded by Councilman Wilbur. The motion CARRIED 5-0. Special Meeting, November 3, 1982 - Councilman Ledbetter motioned to approve the minutes of November 3, 1982, seconded by Councilman Lodico. The motion CARRIED 5-0. Bills and Accounts: Councilman Wilbur motioned to approve the bills, seconded by Councilman Ledbetter. Councilman Lodico noted that he could not approve the bill for the Mayor's trip to Miami at the taxpayer's expense. Councilman Pendleton questioned a $90.00 bill for books, publications and subscriptions. Mayor Christy said that this was the registration fee. Councilman Pendleton also questioned a bill to Dr. Christiansen. This bill is for new employee physicals. Mayor Christy questioned the bill to Adirondack for tables, plus an $111.60 transportation fee. He asked why it was necessary for the City to go all the way to New York to purchase tables. Mr. Mitchell said that the Fire Department checked the catalog and said that these tables would be satisfactory. Mayor Christy added that the new tables are extremely heavy and do not appear to be protected against stains. The older tables were purchased, he believed, in Orlando, and have held up very well. The City should not have to go to another state to purchase items like this. He requested that it be put in the record that it is outrageous for the City to go to New York for this and he still did not get a satisfactory answer. Upon roll call the motion to approve the bills CARRIED 3-2. Councilman Lodico and Mayor Christy voted NO. Communications: City Attorney's report - The City Attorney said that he had no report at this time. City Manager's report - The City Manager noted that building has increased, including the building of the new shopping center. There was a periodic State safety inspection which went very well. The City auditors are working on the audit for the fiscal year ending September 30, 1982. The new dump truck has proven to be a great asset to the Street Department. Cable TV is beginning to hook up in Florida Shores and grant applications have been submitted for Menard-May Park and the Park and Pier areas. Mr. Mitchell read a report concerning the work stoppage on the road paving program in Florida Shores. Mr. Copeland stated that he understood there was an error in the amount of lineal feet to be paved, and a change in the amount of cement used in per square yard of road base. There was a meeting on November 10th with the City Manager, Briley-Wild, Martin Paving and Mr. Copeland. Briley-Wild and Martin Paving were going to submit a report to the City on this matter. Additional charges will be made should the City decide to complete the job. ~ ~ Mayor Christy continued by discussing the money taken from the bank ($360,000) and put into seven (7) day notes, and noted that the Council did not give permission for this transaction. The Council authorized securing a loan to pay for the paving, and not take every penny the City had out of the bank. Mr. Mitchell responded by saying that the three notes amounting to $360,000 invested on a thirty (30) day basis, expired, and as is the usual practice of the Finance Department, they made a decision whether to reinvest for thirty days or to invest for a lesser period in order to cover the early fiscal year cash flow. The decision was to reinvest in seven day notes. The money was deposited in Southeast Bank in seven day notes. It has nothing to do with the road program. Mayor Christy replied he did not see the need to put the money in seven day notes; the City loses money this way and we have nothing in C.D. notes. Mr. Mitchell said this was absolutely incorrect; we have that or more in C.D. notes. It was a difference of 1% from investing for thirty days against investing for seven days. The change in invest- ment strategy was designed to meet cash flow requirements. This is a normal fiscal transaction. Mayor Christy quoted from Res. 82-R-37 which authorizes s~curing funds from a financial institution, bond issue or bond application note for the purpose of funding the road paving program. Mr. Mitchell reminded the Mayor that Council had authorized internal borrowing, however, no internal borrowing has taken place, and at the proper time the paving company will bill the City and we will pay them out of appropriated funds, $92,000, which is on hand and the $190,000 comes from Council authorization for internal borrowing. Nearly all of this money will be paid back by assessments. Mayor Christy said a lot of people had objected to this paving and it will be difficult to get them to pay their assessment. Councilman Pendleton reminded the Mayor that there had been only a handful of letters to the City Clerk objecting to the paving. Councilman Lodico said he objected to the inference that the City Manager had taken this money out, and actually the City Clerk and Deputy City Clerk handled the transaction. Mayor Christy noted that this was with the City Manager's authorization. Mr. Mitchell explained the procedure on investments is that when we have money invested, the various banks are checked to find out the best interest and then he approves the highest rate and the money is then either reinvested or withdrawn for transfer. The only change this time was that the cash flow requirements necessitated that we reduce the investment period from thirty days to seven days. The City Clerk read a letter from Mr. Frank Opal requesting permission to address the Council concerning Zoning Board meetings. Mr. Opal spoke to the Council about an "illegal" special Zoning Board meeting held on the afternoon of June 18th. Only three members met to consider an application for rezoning on a piece of property located on the southeast corner of W. Park Ave. and Old County Road. The appli- cation was turned in on June 17th and the Chairman of the Zoning Commission immediately called a special meeting for the following day. Mr. Holahan made the presentation requesting either B-2 or B-3 zoning. There were a lot of questions from the audience and the meeting was adjourned. On June 28th a regular Zoning Board meeting was held and after roll call, the Chairman advised the Board members without any discussion to pass the preliminary or sketch plan for this rezoning before Frank Opal gets here. Mr. Opal continued by saying he had brought all this up at a Planning Board meeting, but was ignored. Last Monday, November 8th, the Zoning Board finally met after two months of inactivity because they did not have a quorum. A preliminary and final site plan was approved and passed for this project as B-3 for 14 stores. He asked the Council if such action by this board should be tolerated, and he also asked as a citizen that the present Chairman resign with all members that took Ib part in this "disgraceful" procedure. There should have been more in- depth review on this project and also on SP-8201 for not posting the necessary bonds. Council Meeting 11/15/82 - 2 - u Q Ordinances and Resolutions: None. Unfinished Business: Mr. Mitchell noted that Mr. Montesano had questioned the cost of corrections to drainage conditions in the Wildwood Subdivision. On July 19, 1982, Council approved suggestions for solving some of the drainage problems and authorized the spending of money not to exceed $2,000 to bring in fill dirt for the various yards and swale problems. The Public Works Dept. spent $290 for the first loads of fill then found someone who would donate fill. Mr. Copeland, Supt. of Public Works, estimates that approximately $1,290 was spent for the work done (includes hourly wages, gasoline, etc.). Mayor Christy called attention to the three page report issued by the City Manager on June 7th where authorization was requested from the Council to proceed with initial steps to correct the drainage problems in Wildwood. Recommendations from the City Manager stated that the City hoped to have developers and builders correct some of the problems. The City will determine the elevations and assess the problems and get with the developers and builders to request assistance in the correction of these problems. Mr. Mitchell pointed out that Council had approved the use of fill dirt to help correct the drainage problems. This approval passed 4-0. Mayor Christy said he still objected to the use of City crews and equipment. Councilman Ledbetter said he was under the impression that City crews would survey the roads and shoot the grades to see what had to be done. In the past, it has not been the policy of the City to use our equipment and personnel on private property. Mr. Montesano spoke to the Council concerning the matter of the use of City crews and equipment in Wildwood. He said that he had figured up the cost of this project by taking present fees charged by private companies, cutting them in half and multiplying them by the number of days the City worked and he believes the cost is closer to $9,000 than $2,000. Mr. Alvarez said that if a condition existed which affected the health and welfare of the people the City has a duty to act, if the condition requires immediate action. However, if the condition is due to negligence by anyone which in turn costs the City and the taxpayers money to correct that condition, the City has the right to recoup its losses. Councilman Pendleton asked how far back the Council can go to get builders to. correct something that previous Councils were responsible for or overlooked. Residents of Wildwood carne to this Council to complain and this Council has done something to help alleviate the situation and we haven't had any complaints from the residents of Wildwood on what has been done. There was a lengthy discussion concerning responsibility to correct the drainage problems in Wildwood. Councilman Ledbetter motioned to turn this matter over to the City Attorney to review and if there is any chance that the City can be reimbursed for this work, we should pursue it, seconded by Councilman Lodico. Motion CARRIED 5-0. Park Avenue West Zoning Commission Recommendation Clarification: 2a The City Manager explained that this situation goes back to at least April when Mr. Dunning applied for a zoning change for his property from 1-1 and MH-1 to R-4. Mr. Dunning has withdrawn his applica- tion. There had been some confusion about the Zoning Commission's recommendation. The Commission met last week and submitted letters to Council clarifying their motion by recommending no changes in zoning along Park Ave. west. Mayor Christy said that this all pertains to Ordinance 82-0-21. This was passed on the first reading. At the public hearing, Mr. Dunning objected to having other properties considered for rezoning on his application. The original ordinance was changed to rezone certain properties to B-2. Council Meeting 11/15/82 - 3 - ~ o Mr. John Kopelousos, Attorney, requested to address the Council concerning property owned by Mr. Bell that is situated west of the Dunning property and that was included in the original rezoning ordinance. Mr. Kopelousos said that his client is Mr. Stuckey who wishes to develop the property for multi-family housing. He reminded the Council that on June 7, 1982 they approved a change in zoning from 1-1 and MH-1 to B~2 (5-0) and his client has moved ahead on the strength of that approval. If necessary, they will file an application. Mayor Christy noted that the vote of 5-0 was on a first reading of the ordinance and at the Public Hearing the ordinance was tabled for further information. There was a point of order made from the floor concerning the fact that the Council was supposed to be discussing a clarification of zoni~g oI_the property. Mayor Christy said that he believed since Mr. Dunning has withdrawn his application that any other application would have to go through the proper channels and be handled like a new request for rezoning. Mr. Kopelousos noted that since the ordinance was tabled some action should be taken on this ordinance. Councilman Pendleton made a motion to take Ordinance 82-0-21 off the TABLE for discussion, seconded by Councilman Wilbur. Councilman Pendleton said that there was a letter from the City Manager stating that the Bell property had requested a zoning of R-4. This property was included in the original motion and should be considered and the ordinance should be discussed. Motion CARRIED 4-1. Mayor Christy voted NO. A point of order was raised that the Bell property was not on the agenda. Mayor Christy said that since Ord. 82-0-21 has been brought off the table, a discussion of the Bell property is not out of order. Mr. Kopelousis spoke again to the Council concerning the events that led up to the present request for rezoning the Bell property. A change in the zoning of this property would be consistent with the City's Comprehensive Plan. It is considered good planning to have multi-family as a buffer between residential and industrial or commercial. Mr. Kopelousis continued by saying that his client has gone to a great deal of expense on the strength of the Council's original intention to rezone this area. The proposed project would require tenants to have a salary range from $12,000 to $20,000. It is not a rent subsidy project. Mayor Christy pointed out that at the Public Hearing there had been a great deal of objection to rezoning this area. Councilman Pendleton reminded the Council that most of the objection came from the fact that many people were under the impression that the Council planned to rezone the entire area from Mango Tree and this would have included many businesses already established in the industrial zone. The body of the ordinance specifically referred to the Dunning property and property west of the Dunning property to Wildwood. The City Attorney said that this was a very confused issue. The material he has reviewed concerning this matter is filled with mis- conceptions as to_ which area was included in the title of the ordinance, did the advertisement go out in proper form, did it go out to the right people, etc. These matters must be cleared up for the benefit of the City and the interested parties. To rule on this particular ordinance would be useless: in his opinion there is no rezoning before this Council at this meeting. To rule on the presentation given to Council concerning the Bell property would be premature, since there is no procedure entered in proper form as to the Bell property before this Council. He would not feel confident to affix his signature, as City Attorney, to Ord. 82-0-21. Council Meeting 11/15/82 _ 4 _ . , u <.) Councilman Pendleton asked the City Attorney if it was proper for the Council to take an ordinance off the table for discussion even if it is not on the agenda. Mr. Alvarez replied this was correct. Councilman Pendleton then asked is not the title of an ordinance all encompassing but it is the body of the ordinance that determines what is being rezoned? Mr. Alvarez pointed out that rezoning is a very sensitive issue because it can deal with property rights of many people and it is necessary to be in strict compliance with all procedures. The title of an ordinance dealing with rezoning should be extremely specific as well as the body of the ordinance. In the interest of all parties zoning ordinances should be done in a smooth manner because even when zoning takes place with strict compliance appellate courts have overturned the zoning. He would like the opportunity to meet with the attorney for the Bell property to discuss more proper procedures. 2b Councilman Ledbetter motioned to reject Ordinance 82-0-21, seconded by Councilman Lodico who noted that the Zoning Commission had recommended the rezoning of the Bell property should follow the established procedure. Mr. Alvarez told the Council that whether this ordinance is tabled or rejected it does not preclude those interested in rezoning the Bell property from refiling. Upon roll call) motion to reject CARRIED 3-2. Councilmen Pendleton and Wilbur voted NO. There was a five minute recess. Meeting called back to order. Mayor Christy spoke briefly about the tragic death of Mr. Bill Phinney. Mr. Phinney was a former board member and very active in. civic work. It was also announced that there would be a memorial service at Sacred Heart Church on Thursday at 7:00 P.M. There was a question on the Avenue West. Mayor Christy and it was a closed issue. would have to apply through clarification of the zoning of Park said that the ordinance had been rejected Anyone who wished rezoning in this area the proper channels. Application of Union Benefits for Non-Union Employees: The City Clerk requested that the Council consider clarifying the revision of the Personnel Guide and the extension of benefits granted in the union contracts to all employees covered under the Merit Ordinance. Councilman Lodico motioned to approve the City Clerk's request, amend the Personnel Guide to grant benefits covered under the contracts and to extend these benefits to all employees covered under the Merit Ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. New Business: Approval of Civil Defense Order - Mr. Mitchell requested Council approval of a bill for items authorized under the Civil Defense Dept. that total $1,368.35. Funds are available under the Federal Revenue Sharing budget. Councilman Ledbetter motioned to TABLE this for a decision from the new Council. MODion died for lack of a second. Councilman Wilbur motioned to approve this bill, seconded by Councilman Pendleton who noted that the Council was elected to serve until the new Council is sworn in and should not postpone decisions on City business. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Shopping Center - Change in B-5 Zoning. The developers of the Shopping Center had planned a dry cleaning establishment but discovered that permitted use limits this business to a pickup station. The Zoning Commission voted to change the ordinance to delete the words "pick-up station only". The establishment requested would be fully safeguarded against fire and explosion. Mr. Frank Cannon, representing the Shopping Center, spoke to the Council about the new methods of Council Meeting 11/15/82 - 5 - u u drycleaning and the fact that this type of establishment would be most suitable in the Shopping Center. Councilman Wilbur motioned to authorize the City Attorney to prepare an ordinance to change the permitted use in B-5 by deleting the phrase "pick-up station only" after dry cleaning establishment, seconded by Councilman Ledbetter. Councilman Pendleton said he wished to amend this to apply to Florida Shores area only. It was pointed out that this could be disciminatory. Councilman Pendleton withdrew his request for an amendment. Upon roll call motion to prepare an ordinance CARRIED 5-0. Mr. Alvarez said that he would draw up a draft for Council's review. Pelican Cove West - SP 8201. Mr. Mitchell informed the Council that the Planning Commission had voted 3-0 at their Nov. 3, 1982 meeting to approve the final site plan. Mr. Carder has agreed that he would be financially responsible for any damage to future property owners resulting from stormwater. There is a question of a performance bond and maintenance bond. Mr. Paul Katz, Attorney, representing Mr. Carder who is the developer of Pelican Cove West, spoke to the Council coricernirig the project, saying that the developer has complied with the subdivision ordinance and is willing to post a bond for the remaining improvements. Over 75% of the improvements have already been installed. Since the developer is in conformance with the ordinance they are asking the Council to handle the ministerial duty of approving the final plat in accordance with the subdivision ordinance. Mayor Christy questioned whether or not a certificate of preliminary plat approval had been issued. Mr. Katz answered that he believed the Planning Commission and the Council had been throuqh the preliminary approval phase. The Chairman of the Planning Commission has signed off the final plat. Any certificates the Mayor is asking about are probably part of the documents issued by the City and that is up to the City staff to issue. Mayor Christy continued by asking about the approval of construction plans, the posting of a security bond, a maintenance bond, application fee for final site approval and the 5% for recreation. Mr. Katz said that the City staff should have that information. Mayor Christy said he had checked with the Finance Dept. and no monies have been submitted for bonds or application fees or the 5% for recreation. Mayor Christy asked that an opinion by the State Attorney on changes in proposed ordinances be read into the record. There was a discussion about the security bond and the fact that either improvements must be put in or a security bond posted. Councilman Ledbetter motioned to TABLE for the next Council. Councilman Lodico raised a question about the letter from Briley, Wild concerning the improvements. Mr. Cross, Briley, Wild, spoke to the Council saying that they had been asked to make an inspection on the improvements that have already been put into the project and to give their opinion as to the amount of money that should be put into a bond to finish the improvements in phase one and that is what their letter indicates. The amount of $71,500 should be furnished to the City in order for the plat to be recorded. The City would not sign the plat until the developer either puts in his improvements or puts up a bond. The developer cannot sell any lots until the plat is signed and recorded. The Council can approve the final plat with the stipulation that the bond be posted before the plat is signed. Councilman Pendleton noted that on the Apr. 26 Council meeting the Council voted on a recommendation of the Planning Commission concerning this project and the vote was 2-3 (did not carry) and he asked the City Attorney whether or not it took 4 votes to over-rule. The City Attorney replied that we appeared to be getting into an issue that is highly technical and if this matter is going to be tabled we can avoid getting into it at this time. Councilman Pendleton noted that we would be holding up the developer who is spending money which improves the economy of the City. Councilman Lodico asked the Council Meeting 11/15/82 - 6 - u u City Attorney if it was legal for the Council to act on this now. Mr. Alvarez replied that the action of the City Council in approving a final plat is pretty much a. .ministerial act if each and every element required of a developer is met then the Council has no choice but to approve the plat. There appears to be a question as to whether or not each and every element has been met as far as this project is concerned. The Mayor has raised many questions and there has not been an unequivocal answer to these questions that, yes, everything has been met. In view of these questions it is no longer a >.ministerial act and the Council has to deal with it in terms of a simple question which is/has the developer complied or not complied. Mr. Katz pointed out that the developer had gone to the Planning Board for preliminary plat approval and the Planning Board's recommenda- tion was followed up with preliminary plat approval by the Council. The developer has since gone back to the Planning Board for final plat approval which was recommended to this Council by the Board on a 3-0 vote. He canlt answer the question whether the Planning Board, the City Clerk or the Council has all the documents that make up a package. Mr. Alvarez noted that the memo from Mr. Nolan, former Planning Commission Chairman, has a paragraph stating that "Mr. Carder agreed that he would be financially responsible for any damage to future property owners resulting from stormwater." The City has just gone through this problem with Wildwood and he (the City Attorney) would like to know what this paragraph means. The City Attorney. added that in good conscience he could not tell the Council to overlook this. Based on the statement from Mr. Carder, Mr. Alvarez said he could not ask the Council to go ahead with this matter until it is clarified. Mr. Alvarez added that he would like to make it clear to everyone that he is not the City Attorney of any group, for anyone or against anyone. Mr. Katz said that it appeared the City was going to impose a different standard for this subdivision than for other subdivisions. There are requirements in the ordinance for certain engineering standards and the question should be~have those requirements been met. The Council can approve the final plat with instructions that the plat not be signed until either the improvements are approved and accepted or the bond is posted. The motion to TABLE died for a lack of a second. Councilman Lodico said that it appeared that even if the Council approved this plat it would not mean anything until the thing is completed. Mr. Alvarez said that Councilman Pendleton had asked a question about the four to one vote. The record of the application has been reviewed and the plans are coming to Council with a variance. The variance was requested under the subdivision ordinance. There is a memorandum of law, unsigned, addressing this issue of Pelican Cove West. At this point, after three days of reading it and studying it, he is not certain or satisfied whether or not that variance was granted. fie was hoping that if this issue were tabled,he could discuss it with his _ brother attorney. If it is not going to be tabled hemust caution ~be Council that he has some serious doubts. Mr. Katz told the Council that on the strength of the action on the variance there has been almost a half a million dollars of work done. There was an opinion of the City Attorney at that time issued to that point upon which reliance was made and work was begun. Councilman Pendleton motioned to grant final approval, seconded by Councilman Wilbur with the stipulation that all compliances are met either way. Mayor Christy quoted from an ordinance on zero lot lines and Home Occupational licenses which were both in the same ordinance. state law says that an ordinance should have only one topic. The Mayor then admitted that this was a different subject and he had made an error Council Meeting 11/15/82 - 7 - Q o by bringing it up at this time. Councilman Lodico asked the City Attorney again about plat approval. Mr. Alvarez replied that the issue before the Council was a simple one. That issue is whether or not the developer has complied with the requirements. If you are satisfied that they have vote for it. If you are not satisfied then you cannot vote for it. Councilman Lodico replied that the Council had voted for it ln the first place. Mr. Alvarez pointed out that the Council had voted on a variance. Approval of the plans is something else, that is the whole project. You have heard the issues raised by the Mayor about posting of bonds. Have all the bonds been posted? Are you satisfied with the 5% for recreation? Are you satisfied with the width of the main street? If all requirements are met they are entitled to approval. 3b Upon roll call the motion to approve CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur stated that the Edgewater Rotary has enough funds to build three more school bus sheds for the City. They would like to build them and donate them to the City, their locations to be; Mango and 27th, Willow and 30th, Juniper and 30th. There being no objections, Mayor Christy stated that they have the authority from the Council to go ahead with this. Mayor Christy stated that he has a letter from the International Systems Incorporated with a check in the amount of $2,500.00 valid only for the purchase of the ISI Grant Assistance Program. This was given to the City Manager to look into and report back to the Council. Councilman Pendleton stated that he has a request from the Chair- man of the Board of Adjustments to look into the terms of several of the members. He had asked the City Manager to request that the City Attorney have a resolution prepared for tonight. Mr. Mitchell stated that he gave this request to the attorney. City Attorney Alvarez stated that he was informed of a resolution this morning, he does not know from whom or what purpose, it is that simple. The manager told him this morning that a resolution is to be prepared for tonight appointing a group of people to the board, this is ludicrous. Newly elected council workshop. The City Attorney is going to set this up. MISCELLANEOUS Mr. Walter Gross stated that he had an important statement to make on the last vote. Since it was the second reading, he would like the record to show that he was not allowed to speak until now. He stated that he attended the meeting of the Planning Board when they voted on the site plan for Pelican Cove, and the unanimous vote was a vote of three. The chairman voted with his resignation in his pocket, one member voted who had to file conflict of interest papers and one other member voted. Not one question was asked about the 5% for recreation, no questions of how many units. His questions were never answered at the meeting. He added that he feels it is a disgrace that this came to this council as a unanimous vote from the board. He asked if any member of the council could tell him how many units are going to be built or what type of units are going to be built. -8- Council meeting 11/15/82 ~ ~ There was no an~er to his question. Mr. Gross asked if it is true that there is $60,000.due on the road paving program that hadn't been figured in on the original contract? He stated that he brought up the cross sections on three occasions, and he was told by Mr. Mitchell that everything was taken care of. He added that if it is true about the $60,000, he asks that Mr. Mitchell resign from this job because he is not capable. Mr. Opal stated that he attended the meeting of the Planning Board last week also. He spoke to the Council earlier about an investi- gation being necessary. He spoke in regard to the paving program and what was said at the Florida Shores meeting, that a continuation will not take place. He stated that he heard that there is going to be a special Council meeting next Thursday, and asked if this is true? Mayor Christy stated he did not know of any. Mr. Mitchell stated that there will be a special meeting called to discuss the Florida Shores paving sometime next week, tentatively it will be scheduled for Thursday at 1:30 providing all Councilmen can attend. Mr. Opal asked that the new Council take into consideration printing the audience copy of the agenda on 8 x 10 paper so it can be read and that Miscellaneous be put on top of the agenda instead of on the bottom, and that the stamp on the bottom of the sheet be eliminated. Mrs. Taylor asked if someone was supposed to keep the Community Center clean? She stated that when the group came in to get the place ready for the festival they found the kitchen in an awful mess and the bugs were terrible. Mayor Christy stated that we don't have the Orkin anymore; he does not know if any exterminating is done now. Mr. Mitchell stated that they do exterminate and he will look into the problem. Mr. McKillop stated that it was his understanding that the workshop with the attorney would be with the new Council only and the attorney so he could go over certain items with them. He also put the public and the press on notice that as an elected member who will take office on the 29th, he will ask the attorney for a complete review of SP8201. He wants the points raised that they have tried to raise to this Council clarified and made completely perfect. Mrs. Pendleton spoke that she is proud of her husband for his hard work on the Council. Mrs. Bennington stated that as a member of the Council who will take office on the 29th she will ask to have this Pelican Cove West project investigated. Mr. Scofield asked the City Manager about the purchase of some tables for the Fire Department. He asked if the manager negotiated this con- tract; and if he would explain the procedure for such an order. Mr. Mitchell stated that he signed the purchase order. He explained that the total came to some $700. and a department head has the authority to spend up to $1,000. without Council approval. The Council can approve up to $2,000. before competitive bids are sought. Mr. Scofield asked if it would not have been possible to purchase the same quantity of tables in this area, Orlando or Daytona perhaps and wouldn't he be obliged to purchase in this area first before going to New York City? -9- Council meeting 11/15/82 '. (..) u Mr. Mitchell stated that there is nothing in the purchasing manual that requires this. The Fire Company representative spoke to him, they looked at the catalog, and it appeared to be a good price. He indicated to me that this would be about the same price as we could get in Orlando, so this is what we ordered. Mr. Scofield questioned if the cost of the paving in Florida Shores was going to cost more than originally contracted? Mr. Mitchell stated that this is correct, and this is going to be fully discussed at a special meeting next Thursday at 3:30 and he would rather not continue the discussion until that time. Mr. Strong spoke to the Council in regards to the Hibiscus Alley which is still causing flooding on his property. He stated that he spoke to Mr. Mitchell about this but the problem is no better. Mr. Mitchell stated that some work has been done, but they will look back into it again. Mr. Walter Gross spoke of his appreciation for this Council and particularly to the Mayor for the job he has done for the City and the effort that he has put into this job. He added that we must say thank you to Mayor Christy and to the rest of the Council. Councilman Pendleton motioned to adjourned, being seconded by Councilman Ledbetter. The meeting was adjourned at 10:10 P.M. Minutes submitted by: Nancy Blazi ~ a~- C"ouncilman ?l;LI~ a/~ Councilman ATTEJT: $<-<1~~;" !1 j;~ City Clerk ~- M Approved this d? day of November, 1982. ~ . ~ ~k iA:-/ Mayor -10- Council meeting 11/15/82 " A:~ '~" ~- ~".:.::~ , (~RM 4 f..) "I MEMORANDUM OF VOTING CONFLICT I I DATE ON WHICH VOTE OCCURRED: J/!-"-/t-z- .19_ PART A Name: O./I),t u (' ::r'~.JV 7- Telephone: f'gtj -12-?....!J"Ztl (LAST) (FIRST) ~ / (MIDDLE) . '(A/C) (NUMBER Address: /,9'eJ r to-Y-I/./-p.Fl:-j.E(--'2I',--KaJJelUp/~v=-E~~1- )/<7 i ~:5~ (STREET) ...{CITY) "7" (ZIP CODE) (COUNTY) PART B Agency is a unit of [check one] : ( ) State of Florida; (~County. City or other Political Subdivision Name of Agency: (!/ '/'1/ tJ";:- Fd1etv~r / , Position held in Agency: JO-U)VG"I /At~ PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures tc your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interes below. 1. Description of the matter upon which you voted in your official capacity: ;; ,IV A- / /J / # 7 P) Jf} .Il/ {1? .j; ~ f})./ {!t9 V(': (-L~ -'J T ~ jVC IV "d vb d;u I; If) /...> (J j= , 2. Description of the personal, private, or professional interest ','ou have in the above matter which inures to your special private gain 01 the special private gain of any principal by whom you are retained:__ ---.-------_____ . _. I ,t: 4fV1 rT Pe tLL-E~ilLe_:7_.IJ_J~-LY1 /f~. 1J:(--/)..l1:jjLJj~J,*Jn..tV-Re-.4II;J. , ? ~ r")1LIYJtJ_~Jt / IV ._ Iva . ., I 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. (vr Principal by whom you are retained: -JJ I) V-/-h" !u:J_Jv~it;;g,.If;& / /v{!, (NAME) / PART D FI LING INSTRUCTIONS This memorandum must be filed with.n fliteen (15) (j,:y' '"lio\'.-I.I~1 Ih.. ;.; 1111, dedi"'1 wll'u, (h,' \lotln!! conflict occurred with the person' responsible for recording the millutes ot th,: metltiny, wl.o >11dli in. "(I"}'''; I' c', '(Iiln(,1I,tJdIT in th" rn.:etin!J minutes. This form need not bel filed merely to indicate the absence of d voting con tLct. Florida I.. IV l-l' 'j' ill:; :", (,ue~ n r 'I.". lilt, yuu to abstain from voting when a conflict' of interest arises; if you vote, however, the conflict PIUS! he discl():,et: purslId'" ,,) [he 1\:('.Jlrt;rnpnh de~cribed above. I PART E ~~/)_~L~.___. ~ -. /~1J/~L I ~"-"s,G~rD' "ASDN DISCLDSONG /L tf!fs.G",O NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (1975). A FAilURE TO MAKE ANY REOUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICEt OR EMPLOYMENT. DEMv nON. REDUCTION IN SALARY_ REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. I CE FORM 4. EFF. 111/77