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09-20-1982 - Regular -, \ . . u u ~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR.MEETING September 20, 1982 Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater 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. M.J. Henderson 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. Selection of City Attorney: Councilman Pendleton motioned to retain the services of Mary Jane Henderson, seconded by Councilman Wilbur. Mayor Christy said that during interviews he had questioned all the attorneys about combining politics with law. Mrs. Henderson is the Vice-President of the Democrat Club and Mayor Christy added that he believed she was the treasurer for Mr. Henderson when he ran for the House of Representatives. Councilman Pendleton called for a vote. Mrs. Henderson told the Council that she did not serve as treasurer in Mr. Henderson's campaign. She is an officer in the Democratic Women's Club but she did not believe this would adversely affect her position as attorney for any client. Upon roll call the motion DID NOT CARRY 3-2. Councilmen Pendleton and Wilbur voted YES. Councilman Ledbetter motioned to appoint Mr. Alvarez as City Attorney, seconded by Councilman Lodico. Councilman Lodico noted that Clay Henderson had done a fine job for the City. Mr. Henderson has chosen to go on to other things and the City should wish him well. However, it is time to make a change. Upon roll call the motion CARRIED 3-2. Councilmen Pendleton and Wilbur voted NO. Mayor Christy asked wby Mr. Alvarez was nob'~resent at this meeting. The City Manager replied -that Mr. Alvarez had a previously scheduled engagement but if the Council so desired he could be there later this evening before the meeting was over. There was a discussion in regard to the two resolutions presented to the Council. One resolution was to apply if either Mr. Hirsh or Mrs. Henderson were appointed and the other applied if Mr. Alvarez was appointed. Councilman Pendleton questioned the resolution which appointed MD. Alvarez and also saying that we were going to negotiate an agreement with Mr. Alvarez. Council- man Pendleton wanted to know why the Council did not know what the agreement would be before they appointed Mr. Alvarez. The Mayor questioned paying for two resolutions when one should have been sufficient. The City Manager pointed out that any agreement negotiated with Mr. Alvarez would have to be approved by the Council. u v Council Meeting 9/20/82 - 2 - Councilman Lodico motioned to adopt the resolution 82-0-47 marked Alvarez, seconded by Councilman Ledbetter. Councilman Ledbetter asked if there were sufficient funds remaining in the present budget to fund this position until the beginning of the next fiscal year. The City Manager affirmed that money was available. Councilman Wilbur asked what would happen if the Council did not accept the agreement with Mr. Alvarez. Mr. Mitchell replied that the Council would have to look for another attorney. Resolution 82-R-47 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING A CITY ATTORNEY FOR THE CITY, PROVIDING FOR AN AGREEMENT RELATING TO LEGAL SERVICES AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. The Council discussed amending the resolution to_ become effective the day after its adoption. There was a discussion about the preparation of the resolution. It was prepared in the City Manager's office based on conversations with the attorneys. The Mayor pointed out that City ordinances read that resolutions and ordinances should be prepared by an attorney. Councilman Lodico motioned to amend the resolution to become effective the day after its adoption, seconded by Councilman Ledbetter. Upon roll call the amendment CARRIED 5-0. Upon roll call the motion to adopt the resolution CARRIED 4-1. Councilman Pendleton voted NO. Councilman Ledbetter called attention to the fact that several resolu- tions and ordinances recently presented to the Council have had changes pencilled in after they are brought before Council. He specifically cited the resolution authorizing the City Manager to borrow funds. The resolution said restricted funds but the letters "un" had been pencilled in before the word "restricted". Mrs. Henderson replied that this was a typographical error and had been corrected prior to signing the resolution. Mr. Mitchell assured the Council that all resolutions and ordinances are given to the attorney for preparation. Res. 82-R-47 was prepared at the direction of Mr. Alvarez. Mayor Christy read from Ordinance 932 Section 7 - "That Section 2-5 of the Code of Ordinances of the City of Edgewater, Florida, is hereby amended by amending para. A-I of Section 2-5 to read as follows: Preparation of Ordinances - No ordinance shall be prepared or presented to the Council unless ordered by a majority vote of the Council. If municipal business warrants immediate preparation of an ordinance, the presiding officer shall give direction to the City Attorney to prepare same at the agenda session of the meeting preceding the regular meeting at which said ordinance shall be read." The Mayor continued by saying that Ordinance 994 changed section 5 where it read that paragraph A-3 was changed referring to the fact that no ordinance will be enacted by the City Council of the City of Edgewater, Florida, that is not in accordance with Chap. 166.041. Mr. Mitchell replied that he believed that ordinance had been amended in June 1981. There was a discussion about leaving these matters up to the attorney. lb Mayor Christy called the Public Hearing on the budget to order. Ordinance 82-0-30AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30, 1983, TO THE VARIOUS ITEMS OF THE GENERAL FUNDi THE FEDERAL REVENUE SHARING FUND FOR 1982-83; THE WATER-SEWER FUNDi THE REFUSE COLLECTION FUND AND OTHER WATER-SEWER FUNDS; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICA- TION OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton requested that the Chairman should ask who would like to speak, the City Clerk will record their names and these people will be called on in an orderly manner and limit their discussions and questions to three minutes. u u Council Meeting 9/20/82 - 3 - Mr. Asting, Mr. Wharton, Mr. Bevel, Mr. Dore and Mr. Opal requested permission to speak. Mr. Asting spoke to the Council regarding the proposed interest earnings for the coming fiscal year. He questioned the bids for a loan for paving, saying that the banks did not have enough time to respond. Mr. Asting presented a chart to the Council concerning the financial requirements for the paving program as he understood it. He continued by saying that figuring conservatively the interest that would be lost when the amount of the City's C.D. funds is reduced by $190,000 and the amount that the City would have to pay a bank in interest when this money is borrowed to pay back the money already borrowed from City funds could mean an overall loss to the City of $30,000. The City needs a paving program that is soundly planned and budgeted for,not one that borrows from Peter to pay Paul and then has to borrow again to pay back Peter. The new Council should develop a plan for road paving and let the people vote on it. The present plan is a one shot deal since the City will not be able to repeat this type of spending each year. Mr. Mitchell replied that there would be no loss to the City whatsoever. We are not borrowing from banks we are borrowing from unrestricted funds. Property owners who finance this improvement will have to pay an interest rate which will be brought to Council by ordinance. Mr. Asting noted that the people would have to pay. Councilman Lodico said that only those people who are having their streets paved. Mayor Christy said we still need to consider the 1/3 that the City will be paying for and which will actually be paid for by all the taxpayers. Mr. Mitchell noted that there were two options: one to borrow from a bank which will charge interest and that interest would be charged back to the assessed property owner or we can borrow from ourselves and the property owners would pay the City. The City would actually be doing better because there will be a resolution charging the interest rate plus 1% which would increase the assessment by only a few dollars. Mr. Mitchell added as a point of order that the road program was not part of the budget hearing for the next fiscal year. Mr. Wharton spoke next to the Council suggesting that the road program be set up as a development fund. The City Manager replied that the money for the program had already been obligated and will be a part of this fiscal year audit. The account is recorded as construction in progress. 2a Mr. Bevel talked to the Council about the Fire Department budget and the request for an escrow account to build up funds for the City to purchase a new fire truck in the future. Mr. Mitchell replied that research would have to be done to decide how this account could be funded. There was a rather lengthy discussion about this matter and the possibility of using a small percentage of the tax assessment to fund an account for the future purchase of equipment. Mr. Bevel requested assurance from the Council that they would give serious consideration to establishing an escrow account for the eventual purchase of a new fire truck. Mr. Dore spoke to the Council about property taxes and the addition of extra millage for various projects and the burden this puts on those property owners who do not come under the State's five year plan. He added that he believed the City's Department Heads, certain Council- man and the City Manager have done an excellent job in preparing the proposed budgets. Mr. Opal questioned the negotiating of a bank loan saying that the Council should have a referendum on this matter. He also questioned the proposed budget amounts for legal counsel and the amounts in different departments for professional services. He complained about Code Enforcement budget and the Civil Defense budget and mentioned other items that he believed should be taken out of the budget. u v Council Meeting 9/20/82 - 4 - 2b Mr. Gross brought up the subject of the paving program and asked who pays for the crossover. Mayor Christy said this did not pertain to the subject of the budget hearing. Mr. Griesse told the Council that he believed they should have budgeted for a full time recreation director. There was a brief discussion on the order of discussion for the City budgets and funds. The next item for public hearing was the Federal Revenue Fund. Mr. Bevel spoke about the Fire Department budget which initially included an item of $4500 for painting the fire truck. It was agreed to reduce this by $4,000 and have the work done by the City. He wanted some assurance that this job could be completed in a reasonable period of time using City facilities and employees. Mr. Copeland, Supv. Public Utilities, told the Council that the City could do this work and would try to complete it in a reasonable time. However, if there is a breakdown in the trash collection equipment or some other emergency vehicle, the repair of that vehicle would have to take precedence over the work on the fire truck. The next discussion for public hearing was the millage rate. Resolution 82-R-43 A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.049 MILS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR 1982-83; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The Council was advised that perhaps the resolution should be changed to change mils into dollars. The resolution was changed by the City Attorney to change mils to dollars. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 4-1. Mayor Christy voted NO. The Council next considered Ordinance 82-0-30 - an ordinance setting the various budgets for the fiscal year 1982-83. This was read again by the City Attorney, by title only. Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Wilbur. Councilman Ledbetter requested that at least $100 be put in the police budget as a line item for the possible hiring of two extra policeman. The City Manager said that this would go under regular salaries and another account could be adjusted if additional policeman were required. Upon roll call motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The next public hearing was for a second reading of Ordinance 82-0-28. Mayor Christy said this had been voted on to table which did not carry and then the meeting was adjourned, technically this ordinance is a dead issue. The City Attorney said that there was no action taken on this ordinance so the Council needs to do so at this time. The Council may motion to table, reject or adopt the ordinance. 3a 82-0-28 AN ORDINANCE OF THE CITY OF EDGEWATER, FIDRIDA CHANGING THE ZONING OF A PARCEL OF lAND. DESCRIBED AS LOTS 3-10, BLOCK 1, FULLER AND SE'ITLE SUBDIVISION, LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FIDRIDA, FROM ITS PRESENT ZONING OF B-6 to B-3; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FiDRIDA SHALL BE AMENDED TQ REFLECI' SUCH CHANGE IN ZONING; REPEALING ALL ORDINANCES OR PARI'S OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR AN EFFECl'IVE DATE. Councilman Wilbur IIDtioned to adopt the ordinance, seconded by Councilman Lodico. u u Council Meeting 9/20/82 - 5 - Mayor Christy reques~ed a definition of spot zoning be attacped to minutes. The Clty Attorney pOlnted out that what tne Mayor was referrlng to was a definition of spot zoning as a singling out of a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of said property and to the detriment of other owners. It has not been shown that rezoning this property would be totally different use classification totally different from the surrounding area nor has it been shown that the rezoning is a detriment to surrounding property owners. For the record Mrs. Henderson stated that this did not constitute spot zoning. Upon roll call the motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. There was a 10 minute recess. Meeting called back to order. Approval of Minutes: August 2, 1982 minutes - Councilman Wilbur motioned to adopt the minutes, seconded by Councilman Pendleton. Upon roll call Councilman Ledbetter voted NO (due to absence) and Mayor Christy voted NO. Mayor Christy said that changes should be made in the minutes, one was a typographical error but the Mayor added that there were items missing but he did not specify what these items were. Upon roll call the motion to adopt CARRIED 3-2. August 16, 1982 minutes - Councilman Pendleton motioned to adopt, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Lodico motioned NO (due to absence), Mayor Christy voted NO. August 18, 1982 minutes- Councilman Wilbur motioned to adopt, seconded by Councilman Pendleton. Upon roll call the motion CARRIED 3-2. Councilman Lodico voted NO (due to absence) Mayor Christy voted NO. August 19, 1982 minutes - Councilman Wilbur motioned to adopt, seconded by Councilman Pendleton. Upon roll call motion CARRIED 3-2. Council- man Lodico voted NO (absence) Mayor Christy voted NO. Mayor Christy said that he had listened to the tapes of the minutes and there were too many things missing out of the minutes and he understands that the minutes were being censured. September 8, 1982 minutes - Councilman Pendleton motioned to adopt, seconded by Councilman Wilbur. Upon roll call motion CARRIED 3-2. Councilman Lodico voted NO (absence) Mayor Christy voted NO. September 15, 1982 minutes - Councilman Lodico motioned to adopt, seconded by Councilman Wilbur. Motion CARRIED 4-1. Mayor Christy voted NO. Bills and Accounts - Mayor Christy complained about the supplementary bills and accounts. Mr. Mitchell explained the bill from Sieg and Ambachtsheerfor cleaning the water tower. All the work had not been done and the bill was reduced. This was a three year contract. Mr. Mitchell added that some of these bills were submitted late and they have been put on the supplement rather than make the vendors wait another two weeks to be paid. Councilman Ledbetter noted that some of the bills had been submitted as far back as last January. The City Manager replied that these were bills that had been in dispute and settlements had to be worked out. Councilman Pendleton motioned to accept the supplementary bills and add them to the bills and accounts and approve the accounts for payment, seconded by Councilman Wilbur. Upon roll call motion CARRIED 4-1. Mayor Christy voted NO. ~ v Council meeting 9/20/82 - 6 - Councilman Pendleton questioned why the Mayor almost consistently voted no on approval to pay the bills. It did not appear as if the Mayor wanted the City to pay their bills. Mayor Christy responded that he wanted the bills paid in the proper way. Communications Councilman Lodico said that he had a letter which he felt should be read. Mayor Christy said he felt this should be turned over to our insurance company. Councilman Lodico replied that he did not believe this had anything to do with that matter. There was a lengthy discussion about the propriety of reading this letter at the Council meeting. Mayor Christy requested that the record show Councilman Lodico insisted on having this letter read at the meeting. There were interruptions from members of the audience. The City Clerk read a letter from the Assistant Manager of Scotty's. The letter stated that it was not issued as a complaint but merely to clarify, at the request of an employee Mrs. Stratton, company policy on interviewing employees at their job. Chief Baugh had talked with Mrs. Stratton concerning her son while Mrs. Stratton was on duty at the cash register. The company would prefer to be notified in advance so that arrangements could be made to relieve employees from duty so that personal and/or police business could be handled in a more confidential manner. Chief Baugh said that he had discussed this with the City Manager, and the Assistant Manager at Scotty's. A woman identified as Mrs. Stratton interrupted Chief Baugh and complained to Council that he had talked to her when she was trying to wait on customers and it was extremely embarrassing. Chief Baugh replied that he had apologized to Mrs. Stratton and to the Assistant Manager at Scotty's. Mrs. Stratton requested that her letter to the Council be read. Mayor Christy again noted that perhaps these letters concern matters that have been turned over to our insurance company. Councilman Ledbetter disagreed and added that he could not see where there was any connection with these complaints and the insurance matter. 3b The City Clerk read a letter from Mr. and Mrs. Stratton complaining of the treatment given their son after he was arrested for. an alleged disturbance at a nearby Drive-In which subsequently was never prosecuted. The letter also complained about the actions of the police department. Mrs. Stratton commented on this letter saying that the police had handcuffed her son and had not permitted him to call his parents. Chief Baugh responded by saying that it is a policy to handcuff all people that are arrested as a safety precaution. It is not possible to know when exceptions could be made to this policy. The Manager of the Drive-In had filed charges against Mrs. Stratton's son. The City Attorney informed the Council that while the Council can give directions to the police department, some of these matters may involve internal matters and it is not appropriate for them to be made public. In addition, if the Council feels there is a need for an internal investigation there are rules to follow for such an investigation. A discussion followed on the possibility of setting up a meeting to look into these complaints. There was more shouting from the audience. A man identifying himself as Steven Silvestro demanded to have his letter read as did Mr. Kenny Clinton. The City Clerk read a letter from Kenny Clinton complaining about harassment of members of his family by the police department. The letter cited two officers (Britain and Westfall) and requested a full scale investigation as to the capabilities and actions of the police department. The City Clerk read a letter from Steven Silvestro which also comp~ained about police harrassment citing specifically two officers (Hayashl and Ball) w u Council Meeting 9/20/82 - 7 - The City Clerk read a letter from Mr. and Mrs. Bridges complaining about police harassing their children and requesting that the police department be investigated. The City Clerk read a letter from J. Boyd DeLoach, Attorney, representing Mr. William Meck,complaining that the police have been harassing his client and stating that Mr. Meck intends to file suit for damages against the City if any further attempts are made by the police to harass or threaten him. The letter also requests an investigation of the Edgewater Police Department. The City Clerk. read an affidavit from Mr. Bill Burton complaining about Sgt. McEver publicly harassing Mrs. Burton at a local restaurant where she works. Mr. Burton charged that Sgt. McEver made statements about Mr. Burton's eleven year old daughter growing marijuana and that these statements were not true. The City Attorney told the Council that even though there were people at this meeting who had written letters and would probably desire that the Council take some action at this time, it would not be appropriate for the Council to conduct any sort of hearing at this meeting other than perhaps referring this either to the Dept. of Legal Affairs or the State Attorney's office to determine if there is sufficient evidence to warrant an internal investigation. For the record, law enforcement officers under State law have certain rights when they are accused of violating their duties or acting in a manner that could result in disciplinary action and the Council needs to be careful to make sure they follow these procedures as set up by Florida Statutes. 4a Mr. Kenny Clinton spoke to the Council concerning recent actions taken by the police department in regard to Mr. Clinton's son. He also charged that his son had been threatened at school because a policeman wanted someone to beat up his son. He wanted it in the record that any policemen that bothers his son without any reason they will have to answer to him (Mr. Clinton). Councilman Wilbur motioned to get this matter cleared up and the letter writing stopped. The Council should go to the State Attorney's office or whatever agency is appropriate with these letters to find out if an investigation is necessary. The City Attorney should handle this. Motion seconded by Councilman Ledbetter. Councilman Lodico requested an amendment to the motion for a written report that should be returned to the Council. Councilman Wilbur and Ledbetter agreed to amend their motion. Upon roll call the amendment CARRIED 5-0. Upon roll call the original motion CARRIED 5-0. Councilman Pendleton said that he hoped that the people at the meeting and the rest of the citizens of Edgewater realize the seriousness of what is going on in the City. The atmosphere is bad and it has interferred with the work of the Council and the advisory. boards and now it is going into the police department. This is a very bad situation and no recommendation for a City that is trying to draw industry into this area. Mr. Pendleton continued by adding that he is not disputing that some of these incidents were carried on by policemen but in studying these letters he has found that the same tone permeates all the letters including themispelling of policemen's names. This matter must be cleared up and if the department is at fault action should be taken and if they are not at fault they should be given a clean slate. Councilman Lodico noted that there had been another recent accident involving a police car and questioned whether or not the 12 hour shifts might have something to do with the fact that the officer admitted falling asleep. He asked the City Manager if the City could hire another policeman, if the shifts were changed back to 8 hours. The City Manager said this could be done. There was a discussion concerning the PBA contract and the possibility of changing back to u ~ ~ Council Meeting 9/20/82 - 8 - 8 hour shifts. The City Manager told the Council that the 12 hour shift is an option under the present PBA contract and the proposed contract. Councilman Lodico motioned that the Council request a return to the 8 hour shift, seconded by Councilman Wilbur. Upon roll call the motion DID NOT CARRY 4-1. Councilman Lodico voted~0~~tj Councilman Ledbetter said that he believed the men should be consulted about this and also they have a two day break in between each scheduled shift. The other Councilmen who voted no indicated they would like more time to study any change in the present policy. Ordinances and Resolutions: Resolution 82-R-44 - A RESOLUTION APPROVING A RENEWAL OF THE AGREEMENT BY AND BETWEEN THE CITY OF EDGEWATER, FLORIDA, AND ASSOCIATED MARKETING, INC., REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell informed the Council this was a routine renewal. The company that installs these benches has paid their franchise on time and been most cooperative with the City. Councilman Ledbetter motioned to adopt the resolution, seconded by Councilman Wilbur. Upon roll call motion CARRIED 5-0. Resolution 82-R-45 - Mr. Mitchell told the Council that the County had requested this routine maintenance agreement be approved by the Council. 4b Mayor Christy questioned the ownership light at the intersection of U.S. 1 and intersection of County and State roads. that New Smyrna Beach had obtained from lengthy discussion about this matter. and responsibility of this Park Ave. This is an He talked about the lights the State. There was a rather Councilman Pendleton motioned to TABLE this for more information, seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 4-1. Councilman Wilbur voted NO. Councilman Ledbetter motioned to authorize the Mayor to speak to the County Council in regard to the responsibility for this light, seconded by Councilman Wilbur. Upon roll call motion CARRIED 4-1. Councilman Lodico voted NO. Resolution 82-R-48 - an appointment to the Board of Adjustments. Councilman Lodico motioned to TABLE, seconded by Councilman Wilbur. Upon roll call motion CARRIED 5-0. Councilman Ledbetter motioned that the Council also TABLE Resolutions 82-R-49 and 82-R-50 which were also board appointment resolutions, seconded by Councilman Wilbur. Motion CARRIED 5-0. Unfinished Business - The Council was asked to consider a request from the Sundance Lounge to operate "racing" lights on a sign outside that establishment. Mr. Perry, owner of the business, talked to the Council concerning this request. It was pointed out that this type of sign is not allowed under the City's sign ordinance and under the sign ordinance, relief from strict compliance with the ordinance must be granted by the Board of Adjustments. Councilman Ledbetter motioned to grant the variance, seconded by Councilman Wilbur but the motion and second were withdrawn after the City Attorney informed the Council that the proper procedure would be to send this request to the Board of Adjustments. ~ l . . u u Council Meeting 9/20/82 - 9 - The Council has received a request from the Parks and Recreation Board that the park complex adjacent to the elementary school be named the James Hogan Park in honor of the former principal who was so helpful in establishing this recreation area. Councilman Ledbetter motioned to approve this request and name this the James Hogan Park, seconded by Councilman Wilbur. Motion CARRIED 5-0. New Business Award of Bids for Fire Truck Repair. The Council was asked to consider the low bid for repairs to a fire truck, Gator Emergency Vehicles. The amount is for $11,400. Money~ is~ available in Federal Revenue Sharing in the amount of $10,488. and $912. could be used from county maintenance money to pay the remainder of the balance. Mr. Mitchell agreed that funds were available.via FRS. Mr. Mitchell explained to Council that in the absence of a mobile home park owner there was a leak in the water system which caused a temporarily high bill. A request has been made to refund part of that overcharge. Councilman Ledbetter noted that he was the owner of the park and he did not object to paying the water part of the bill but felt that no water had entered the sewer system and he should not be charged for this. Councilman Wilbur motioned to refund the $67.10 allowable under present regulations, seconded by Councilman Lodico. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO because it was his bill. Mr. Mitchell told the Council that. a petition had been received from home owners on Royal Palm Drive requesting assistance in a drainage problem. This is private property and could set a precedent in other complaints. Mr. Vandergrifft, one of the property owners, told the Council that it had been decided to withdraw the petition. 5a The City Clerk read a letter from the Pension Boards requesting that the pension plan be revised to reduce the minimum age limit on employees from 21 years of age to 18 years of age. It was the Board's opinion that the present age limit is discriminatory due to the fact that the City does hire employees who are 18 years old. Councilman Wilbur motioned to approve this recommendation making it retroactive to allow existing employees to get full pension credit, seconded by Councilman Pendleton. Motion CARRIED 5-0. The City Manager informed the Council that they needed a voting delegate to attend the Florida League of Cities Meeting in Miami on October 28 _ 30. Mayor Christy requested that the Council send him as the delegate since he has been the delegate for the past five years. Councilman Ledbetter motioned to send the Mayor to the meeting, seconded by Councilman Wilbur because the Mayor does not have. any lawsuits against the City. Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO. The Council was requested to consider the purchase of a new dragline for the Public Works Department. There was a lengthy discussion with Mr. Copeland, Superintendent, concerning the types of machines that have been inspected and the needs of the Public Works Dept. for equip- ment to clean out the canals and ditches. Mr. Mitchell informed the Council that the money for a new machine at the cost of $21,000. could come from fund balance. The Council indicated that they would like to see this equipment in operation. Councilman Wilbur motioned to approve the purchase of this piece of equipment from the Orlando Tractor and Equipment Co. contingent upon a favorable on site demonstration, seconded by Councilman Lodico. Upon roll call motion CARRIED 4-1. Councilman Ledbetter voted NO. , . " u u Council Meeting 9/20/82 - 10 - Mr. Mitchell spoke to the Council concerning the need to have a funding vehicle in order to receive and disburse monies garnered by fund raising events sponsored by Parks and Recreation. A "shadow" corporation proposal is presented to Council for their consideration. This proposal gives the Council control over the appointments to the corporation. This would also be a non-profit organization and the proceeds of any monies collected would be used to improve recreational facilities and equipment for the City. There was a discussion about the proposal. The City Attorney noted that a correction needed to be made under Article 6 for purposes of filing the articles of incorporation naming Tom Wyatt as Chairman of the Board as the sole officer in the articles of incorporation. 5b There was a question about the City Clerk being designated as the receiver of a service of process in the event someone wanted to sue the corporation and whether or not this would involve the City. Councilman Ledbetter motioned to TABLE this until this matter is clarified, seconded by Councilman Wilbur. Upon roll call motion CARRIED 4-0. Councilman Lodico had left the meeting briefly and was not present for roll call. Mr. Mitchell asked if the Council wished to direct that a report be prepared on the method of funding for a new fire engine to be given to Council within 30 days. Councilman Wilbur motioned to have the report prepared, seconded by Councilman Ledbetter. Upon roll call motion CARRIED 5-0. Mrs. Henderson said that it had been a pleasure serving the City as Acting City Attorney and she appreciates the opportunity she has had to serve in this position. Councilman Pendleton motioned to send a letter of thank you to Mrs. Henderson for her services to the City, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Councilman Pendleton said that due to the late hour he motioned to adjourn the meeting. Councilman Wilbur said he would like to thank Mr. Hirsh for his attendance and interest during the time the Council was deciding on an attorney and also he seconded the motion to adjourn. Mrs. Henderson suggested the Council might wish to consider Mr. Hirsh as an attorney pro tempore. Mayor Christy said that the Council should finish the agenda and have the miscellaneous time. Miscellaneous - Mr. Opal questioned the establishment of a campaign account before a candidate is certified. (Councilmen Pendleton and Wilbur left the meeting) . The City Clerk replied that State Law allows a campaign account to be opened as soon as a person declares his candidacy. Mr. Vandergrifft requested that the City ask for a right turn arrow at the light on U.S. 1 and Park Ave. This is a dangerous intersection. (Councilmen Lodico and Ledbetter left the meeting at this timet Mr. Muller asked about the speed limit signs that were Supposed to be installed in Wildwood and also the "No thru St. "sign. Mr. Mitchell said he would check 0_1 this. Mayor.\'Qiiifii:E(\Y: adjourned the rneetin<; at 11: 55 ......." ~' v . ~. " ~ EST: .-" Mayor "" C;;ity C 'erk...~ \ ,. 1 '{i' ..' ",(\. '" ~ Apprpy/ed, tprs day Octob:r, "19~2. ~ ~/AD FORM 4 .\ MW10RANDUM OF VOTltW CONFLICT ~ C · 31. D 3 2.. v' () /., COUNTY AGENCY is unit of: DATE ON WHICH VOTE OCCURRED o STA TE NAME OF PERSON RECORDING MINUTES OCOUNTY TITLE OF PERSON RECORDING MINUTES I )<?w a. te MMUNICIP ALITY 'J~ SPECIFY OOTHER 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: :;) :s..J-:rui;f-JL1elfJf ani ~-t--e.a/~'(h~e..~ cJz~~~ I Doe.- ~ hee~~t/N L;rJ~ 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: , OWY'-~~/M~~/,1_ O~M~QlDC),j.eIL//b~l'"i!~~ n,e.( 3. Person or principal to whom the special gain described above will inure: a.E)l' Yourself b.O Principal by whom you are retained: (NAME) ~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: d- ~ - 23:,2- 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 ~ 112.317 (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