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10-18-1982 - Regular ? ~ u u ~ , CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 18, 1982 Mayor Christy called the regular Council meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. Jose Alvarez City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. Approval of Minutes: September 28, 1982. Councilman Wilbur motioned to approve the minutes, seconded by Councilman Lodico. Motion CARRIED 4-1. Councilman Pendleton voted NO due to absence. October 4, 1982. Councilman Ledbetter motioned to approve the minutes, seconded by Councilman Pendleton. Motion CARRIED 5-0. October 7, 1982. Councilman Wilbur motioned to approve the minutes, seconded by Councilman Lodico. Councilman Lodico said that he would like the record to show that Mayor Christy did not attend the meeting of Oct. 7th. Councilman Ledbetter questioned the motion to buy the truck. Councilman Wilbur clarified the notation on the minutes which state that he had indicated the intent of his motion to purchase the truck was to waive regular procedures because he believes that Mr. Copeland has spent a lot of time trying to find a truck that meets specific needs at a price we can afford. Mayor Christy said that in the minutes of Oct. 4th the City Manager agreed to put a hold on the purchase order and that action would be taken at the meeting of Oct. 18th. Upon roll call the motion to approve the minutes CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Bills and Accounts There were no bills and accounts ready for Council action at this time. The City Manager said he would be calling a special meeting to pay these bills. Communications: Mr. Alvarez informed the Council that he has met with Mrs. Henderson and received from her the set of State Statutes and the litigation files (the Montesano lawsuit vs. Edgewater). The lawsuit is scheduled for filing November 1st but this will probably be delayed. Mr. Mitchell agreed that all documents and records have been turned over by the former City Attorney. Mayor Christy questioned certain summons documents that he had received in his capacity as Mayor of the City of Edgewater and wanted the City Attorney to check into the status of these different cases. The City Manager said he believed some of these cases have been settled and some are in the hands of our insurance companies. Mr. Alvarez will have the opportunity to study these documents. ~ . f u u Council Meeting 10/18/82 - 2 - Mayor Christy said for the record that it does not appear that the present City Attorney has received all the information he should have on possible litigations. The City Manager informed the Council that a letter has been sent from the Volusia County Council on Aging, Inc. regarding an application for funds for transportation services and requesting information on the Edgewater Council's position on this proposed application. Councilman Wilbur said that he felt a new Council should make a decision on this matter. Councilman Wilbur motioned to TABLE this to present to the next Council, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Mayor Christy noted that the Council had received a letter from a resident requesting permission to address the Council. The Mayor continued by asking the City Attorney to read Resolution 81-R-26 regarding addressing the Council. The resolution says that all items for the regular agenda should be submitted prior to noon on the Thursday preceeding the regular Council meeting and a synopsis of material on the subject to be discussed shall also be submitted and shall be of such sufficiency to enable the City Council to have background material readily available at the meeting. The requirements of this section may be waived by the City Council. Mayor Christy asked if the Council wished to waive these regulations. Councilman Lodico asked why this resolution had not been put into effect before. The City Manager stated that Mr. Clinton had sent in a letter requesting to be heard on a subject and this is in order. The Council appeared to have no objection to Mr. Clinton speaking to them. Mr. Clinton commended all the Council for the work they have done for the past two years. Mr. Clinton then said that he had been told that during the festival at Oak Hill, Mayor Christy indicated that he had already picked out his slate so that he could get rid of all the idiots that have been on this Council. If the Mayor said this he should apologize to everyone on the Council. Mayor Christy responded by asking Mr. Clinton to put that accusation in writing. Mayor Christy told the Council that he had been asked about the mutual aid pact for police departments and why Edgewater has not yet corne to a decision on this matter. Councilman Lodico said this was not on the agenda and should not be discussed. Councilman Pendleton suggested that Mayor Christy wait until the section on miscellaneous. Mayor Christy said we were the only City that has not signed this pact. Ordinances and Resolutions: 82-R-57 A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO ENTER INTO A WATER MANAGEMENT AGREEMENT WITH THE SCHOOL BOARD OF VOLUSIA COUNTY AND COLEMAN CONSTRUCTION CO. FOR THE PURPOSE OF MAINTAINING AN ADEQUATE SYSTEM FOR DRAINAGE OF SURFACE WATER IN THE EDGEWATER PUBLIC SCHOOL AREA, SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT. Councilman Ledbetter motioned that the Council TABLE this matter and hold a public hearing on it because this effects a lot of people that live on the north end of the City where this water would drain into the Gabordy Canal. Motion died for a lack of a second. The City Manager said that this plan has been through the Planning Commission and approved. The agreement permits the disposition of the storm water. The Council may be in trouble if the project is stopped because approval has been given to this subdivision. Councilman Ledbetter said he was not trying to stop anything but he has seen the drainage problems in the area and the damage that has been done during flooding and the City should correct and replace certain culverts in the area to prevent future problems. , u u ~ Council Meeting 10/18/82 - 3 - 1b Councilman Pendleton noted that the Council had a report from the engineers. If there was a wet hurricane, there would not be a canal or ditch in Edgewater that could handle the water. Mayor Christy pointed out that the area where this subdivision is being built is already too low and would be subject to flooding even with a heavy rain. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter said he would have to vote NO because he couldn't vote to flood himself out and Mayor Christy also voted NO. Resolution 82-R-45 - Mayor Christy reminded the Council that they had requested he talk to the County Council on this matter of the traffic light. The County Council has asked that information on the cost of the light be forwarded to Mr. Smith. Unfortunately, this information was not mailed out until Oct. 15th and I have not received any answer. He advised the Council to hold off on any action until they know what the County Council may do about this matter. The City Manager noted that the agreement had nothing to do with turning over the light to the County or the State, it is merely for repairing the present traffic light. If the effort to have the County or State assume responsibility for the light the agreement would be automatically cancelled but in the meantime we have coverage for repair of the light. Resolution 82-R-45 - A RESOLUTION APPROVING TRAFFIC CONTROL AGREEMENT ENTERED INTO BETWEEN THE CITY OF EDGEWATER, FLORIDA, AND THE COUNTY OF VOLUSIAi REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Ledbetter. Motion CARRIED 4-1. Mayor Christy voted NO. Unfinished Business: The City Manager noted that the Edgewater Athletic Association had previously been established to raise funds for and supervise recreational programs in Edgewater. Last year the Council set up a Parks and Recreation Board and the board has expressed a desire to have a shadow corporation with the same officers as the Parks and Recreation Board and the ability to also raise funds for improvements in the parks and recreational areas of the City. Mr. Wyatt told the Council that the board would like to have this corporation to raise funds to improve recreational facilities. The Edgewater Athletic Assoc. raises funds primarily for sporting events and to provide equipment such as bats, uniforms, etc. This would mean we would have two separate ways to raise funds for the different needs of the recreational programs in the Edgewater area. The City Attorney said he had received some proposed articles of in- corporation prepared by the former City Attorney. He would need instructions from the Council as to what they wish to have done in regard to this proposed corporation. ) Councilman Wilbur motioned to have the Chairman of the Parks and Recreation Board and the Supervisor of Parks and Recreation get together with the City Attorney to corne up with a proposal that would define. what part, if any, the City would have in this corporation and have their recommendation back at the next meeting, seconded by Councilman Lodico. Motion CARRIED 5-0. . u Q ~- ~ CouncilMeeting 10/18/82 - 4 - New Business Bids were sent out for two police cars. The sum approved by Council was $16,532. from Federal Revenue Sharing. The recommended bid is from J.J. Vaughn for $18,426.96. Funds in excess of the FRS money will come from the insurance claim on car #309. These cars will be assigned to the Patrol Division. Councilman Ledbetter motioned to award the bid to J.J. Vaughn, a local dealer, seconded by Councilman Lodico. Motion CARRIED 5-0. Miscellaneous Councilman Lodico said that since there was an election tomorrow and there could be a lot of brick bats "thrown at candidates,so he would like to motion to adjourn, Councilman Wilbur seconded the motion. Mayor Christy said he would not accept the motion to adjourn. Mr. Gross said he had heard the millage in the City was reduced by the Council and he would like to state, for the record, that the millage was reduced because of the sales tax. Councilman Wilbur and Councilman Lodico left the meeting. Councilman Pendleton noted that many of the municipalities were going to be extremely disappointed in the anticipated revenues from the sales tax. The figures for the past few months are way below the amount anticipated. Mr. Gross agreed with Councilman Pendleton but added that the reduction in millage was based on the sales tax the City hoped to collect. Mr. Gross continued by saying that the Council also should not take credit for paving streets since the property owners will be paying for these improvements and he also asked if there was a problem with the new wells. Mr. Gross was assured that there were no problems with the new wells. Mr. Phinney asked that the agreement 2a on the drainage at Shangri La subdivision be reconsidered so that the City may not have to pay for any mistakes that are made in this area. The present agreement holds the City responsible for maintaining the drainage system and therefore the City should request some guarantee in the form of a bond as protection from possible future expenses in this area. Mr. Muller spoke about the lack of response from the Council during the miscellaneous section of the meeting. The people should have the right to speak to the Council. Mr. Opal spoke on the drainage at the Shangri La subdivision and that he believed the City should have more protection for any future problems in the area. Mr. Montesano asked how much money it cost the taxpayers for the work done in Wildwood. Mr. Mitchell replied that the fill dirt was given to the City after an initial cost of $300. and the rest was labor and materials. Mr. Montesano said that he believed the Council had requested figures on the cost of the work and this information should be public. Mayor Christy said that he would get this information and present it at the next Council meeting. Mayor Christy also read a letter praising the Police Department. Councilman Pendleton motioned to adjourn, Meeting was adjourned at 8:10 P.M. Minutes submitted by: Nancy Blazi Mayor Ledbetter.