06-27-1983 - Special
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CITY OF EDGEWATER
SPECIAL MEETING
June 27, ]983
Minutes
Mayor David Ledbetter called the Special Meeting to order at 6:30 P.M.
in the Community Center. The Special Meeting was called for the
purpose of taking action on the Workshop held previously this date.
ROLL CALL
Mayor David Ledbetter
Councilman Melbourne Wargo
Councilwoman Gigi Bennington
Councilman Neil Asting
Councilman Jack Spencer
Present
Present
Present
Present
Present
City Atty. Jose' Alvarez
City Clerk Nancy Blazi
Lt. William Rickelman
Present
Present
Present
Councilman Spencer spoke about the~discussion the Council had held
earlier today concerning the Building Official. It appears to be the
Council's desire to obtain additional assurance that the Building
Official was p'hysically able to carry out the duties of his position.
The Building Official had been taken ill a couple of weeks ago and
the Council should get a physician's statement regarding Mr. Bradshaw's
health. The Council discussed extending the probationary period
another 30 days and also to give Mr. Bradshaw the opportunity to get
clerical help.
Councilman Spencer motioned to extend the probationary period from
July ]2th another 30 days and that the Building Official present to
the City confirmation of his physical ability to serve in the capacity
of Building Official. Councilman Asting seconded the motion.
Councilman Wargo asked about any salary change?
Councilman Spencer indicted that he would like to include in his motion
that Council would consider a;pos~ible salary change at the conclusion
of the extension period.
Councilman Asting noted that the Council would provide clerical help
for Mr. Bradshaw.
Upon roll call the motion CARRIED 5-0.
Councilwoman Bennington motioned to appoint Connie Kinsey as Finance
and Administration Director per the chart discussed at the Workshop
(see attachment to minutes) for a trial period of 60 days with a ]0%
increase in salary effective June 28, ]983. Councilman Wargo seconded
the motion.
Councilman Spencer amended the motion to include the job description
for Finance and Administration Director and also for City Clerk.
Councilwoman Bennington seconded the amendment.
The roll call on the amendment CARRIED 5-0. The roll call on the main
motion CARRIED 5-0.
Councilman Asting motioned to authorize the reorganization of office
space in City Hall, seconded by Councilwoman Bennington. (See attadment)
Upon roll call motion CARRIED 5-0.
Mayor Ledbetter said that the Council might wish to advertise for a
Director of Recreation.
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Councilman Spencer said that he felt that was premature and added that
he wished to make a motion to have the Parks and Recreation Board review
the current job description for the Superintendent of Parks and Recreation
and to combine that with a recreation director and present the revised
job description to the Council for approval. Councilman Asting seconded
the motion.
Upon roll call the motion CARRIED 5-0.
Coun~ilman Spencer motioned to appoint Gloria Greenwood as the Leadperson
for the Buildings and Grounds (Parks and Recreation) Dept. until a
new director is appointed, seconded ,Jby Councilman Asting.
Councilwoman Bennington amended the motion to add that Ms. Greenwood
be compensated for the additional duties at twenty-five (.25) per hour
increase, seconded by Councilman Wargo.
The amendment CARRIED 5-0, 'upon roll call.
The main motion CARRIED 5-0 upon roll call.
Councilwoman Bennington reminded the Council that they had discussed
making Mrs. Kinsey Personnel Director and made the motion that the
Council add the duties of Personnel Director to Ms. Kinsey's position,
seconded by Councilman Asting.
Upon roll call motion CARRIED 5-0.
Councilman Spencer noted that that there have been rare occasions when
both the City Clerk and Deputy City Clerk were absent and he would like
to make the motion that Mrs. Kinsey be designated as an Acting Deputy
City Clerk when the need arises, seconded by Councilwoman Bennington.
There was a brief discussion concerning the authority to act in the
City Clerk's absence.
Councilman Asting said that he felt Mrs. Kinsey should be designated
to act as the City Clerk in the absence of Mrs. Blazi.
Councilman Spencer said that the City had a very competent Deputy City
Clerk who could handle matters in the absence of the City Clerk.
Upon roll call motion CARRIED 4-]. Councilman Asting voted NO.
Councilman Spencer noted that there were a few other items that had
been discussed at the Workshop and one of these was the Police Chief's
request for the purchase of a base station. This was a budgeted item
and would prevent communication problems within the City. He made a
motion to approve the exp~ndj t.ure of $2500 for the base station.
Mayor Ledbetter said he thought the Council was planning to hold a
Workshop on this subject.
Councilman Asting seconded the motion.
Councilwoman Bennington said that she wanted to talk with the Police
Chief about this subject. Lt. Rickelman who attended the meeting in
place of the Chief spoke to the Council concerning some of the problems
they have encountered concerning communication. There have been times
when the police were trying to get information from the dispatcher
and one of the City departments came in on the line.
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Couhdilman Asting noted that channels are becoming increasingly difficult
to obtain and since the item was budgeted and funds are available, he
believes that the Council should approve this item.
Mayor Ledbetter reminded the Council that they were not just talking
about the $2500 for the base station there would also be the additional
cost of changing the crystals :in the different radios.
Upon roll call the motion to approve the base station DID NOT CARRY 2-3
Councilman Wargo, Councilwoman Bennington and Mayor Ledbetter voted NO.
Special ~ eeting
June 27, 1983
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Councilman Asting reminded the Council that annual evaluations for
certain supervisors have not been done and Council should consider
this matter and act upon it.
d: ayor Ledbetter noted that the Council had set a Special Meeting for
7: 00 p. ffi. and asked the Council to recess this Special'~ eeting, open
up the other Special Meeting, recess that meeting and continue with
this Special Meeting.
Councilman Asting motioned that the Council recess this meeting,
seconded by Councilwoman Bennington. Motion CARRIED 5-0.
SPECIAL M EETIN;
June 27, 1983
~ayor Ledbetter called the Special Meeting to order for Monday,
June 27, 1983 at 7:00 p.m. in the Community Center for the purpose
of considering statements made by former Mayor Robert H. Christy
to the Council at meetings held May 16, 1983 and June 6, 1983,
pertaining to Wildwood and Pelican Cove West subdivisions.
Councilman Spencer motioned to recess this Special Meeting to continue
the 6:30 p.m. Special Meeting, seconded by Councilman Wargo. Motion
CARRIED 5-0.
Councilman Asting spoke about a letter from the union representative
calling attention to the fact that certain evaluations are past due.
The evaluations are for Chief Baugh, Terry Wadsworth and Connie Kinsey.
Councilwoman Bennington motioned that the Personnel Officer would
handle the evaluations for Council review and recommendations. except
the Personnel Officer's evaluation (Mrs. Kinsey).
There was a discussion concerning the evaluation of Mrs. Kinsey, which
will probably be done by Council.
Councilman Spencer seconded the motion.
Upon roll call the motion CARRIED 5-0.
Councilman Spencer motioned to adjourn the 6:30 Special Meeting,
seconded by Councilman Asting. TheiMeeting was adjourned.
Mayor Ledbetter called the 7:00 p.m. Special Meeting to order.
Mr. Christy addressed the Council concerning Pelican Cove West.
Mayor Ledbetter requested that the record show the statements made
by Mr. Christy were Mn. Christy's opinions and feelings and not those
of the Council.
Mr. Christy said that he would only be repeating what was written in
the minutes of past meetings.
Mr. Christy continued by saying that the plat had not been recorded
properly there were a number of blanks on the plat. The plat was also
signed by Mr. Pendleton, the Vice Mayor even though Mr. Christy who
was then Mayor was available to sign. Mr. Christy said that he had
refused to sign it because he had questions concerning the approval
of this plat. He added that he believes the discrepencies on this plat
should be straightened out. He did not believe that there should have
been an emergency situation in the signing of this plat and if the Council
had instructed him at a subsequent meeting to sign the plat he would
have done so. Mr. Christy continued by pointing that an enclave was
created when this subdivision was approved and cited State statutes that
prohibit the creation of enclaves by voluntary annexation. There was
approximately 10 acres left to the diocese that is still in the County.
Mr. Christy quoted from a letter from Briley, Wild and Assoc., the City's
consulting engineers concerning the discharge of pump station No.2 of
the proposed development of Pelican Cove West which goes into the
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June 27, 1983
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sanitary sewer manhole at Cocoa Palm and Date Palm and then through
pumping stations 6, I and 2 to the Treatment Plant. The engineers
recommended that the pumping stations be upgraded when this development
was built up to capacity. On 5/4/8], Ord. 8].-0-]8 was read. This
was the ordinance annexing the property owned by Rosemary and J.C.
Carder. Mr. Christy continued by reading from minutes of various
Zoning, Planning and Council meetings that involved the Pelican Cove
West subdivision. This included changing zero lot lines, requesting
that townhouses be permitted use in B-5 and other requests for possible
rezoning. In November of 8] the Mayor talked about a possible referendum
for the annexation of property but was told by the then City Attorney
that this was not necessary. At another meeting in November, the Zoning
Board was .toldthat the Diocese planned to reserve ]0 acres for a church
and the balance would be developed for multi-family. He also reminded
the Council that the Comprehensive Plan calls for large developments
to provide recreational areas. In December of 8] the preliminary site
plan was presented for Pelican Cove West The Council also was presented
with Ord. 8~-0-40 and ordinance for annexation of the property since
there had been some question on the original legal description of the
property. In January another sketch plan for 250 multi family units
was presented. At this point Mr. Christy questioned the second road
that was supposed to have been put in Pelican Cove East for access in
case of emergencies. April, ]982 the City Attorney read Ord. 82-0-]3
which amended Sec. 7]8 of the code to permit zero lot lines and also
included a change in the Home Occupational licenses. There was a tie
vote on this ordinance and the then City Attorney requested the ordinance
be advertised for a Public Hearing. Mr. Christy also questioned the
legality of having two separate subjects on the same ordinance. In
the meantime, Mr. Carder had requested a variance from the requirements
for sidewalks. Mr. Christy continued by reading a letter of resignation
from Mr. Ken Winters, Planning Board, in which Mr. winters stated that
in his opinion certain action taken in regard to Pelican Cove West
was deplorable and that Council should take a close look at the
short period of time between annexation to the preplanning clearing,
grading, surveying and road work done by the owner prior to final
acceptance. It was also noted that Mr. Carder had stated that the
planning would go through as submitted with undersized lots. When
the request for a variance on the depth of 83 lots in the proposed
subdivision was submitted to Council it was not approved by a vote
of 2 - 3. The City Attorney told the Council that it would take a vote
of 4-] to approve an appeal. There was a request made at this meeting
to hold a workshop to discuss some of the discrepancies in the zoning
code and to make suggested changes. Briley Wild inspected the subdivision
and found that 75% of improvements had been installed. They recommended
$65,000. would be needed to complete Phase I and that a performance
bond in the amount of $7],500 should be furnished to the City.
Mayor Ledbetter reminded Mr. Christy that the air conditioning was not
working and asked how much more information would be presented. Most
of this information given so far was a matter of public record and
he requested that Mr. Christy just give the highlights of what he feels
is most important in regard to this subdivision.
Mr. Christy continued by saying when the request for approval of the
final plat of Phase I was presented to the Council there was still a
question as to whether or not the developer had complied with all
regulations. He also quoted a statement made by Mr. Carder that
Mr. Carder would be financially responsible for any damage to future
property owners resulting from stormwater. The City Attorney, Mr.
Alvarez, told the Council that if they were satisfied that the developer
had complied with the ordinance they could approve the final plat for
Phase I of Pelican Cove West.
Mayor Ledbetter asked if Mr. Katz, Attorney for Mr. Carder, had any
comments. Mr. Katz replied that he had no comments.
Councilman Asting questioned the road that was supposed to be put into
Pelican Cove East.
Mr. Katz told the Council this was not a street but it was a cleared
area between the residential area and the shopping area to provide access
for emergency vehicles.
Special Meeting
June 27, ]983
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Mayor Ledbett~r called a 10 minute recess.
The meeting was called back to order.
Mr. Christy continued talking to the Council this time on the wildwood
Subdi vision .IJ_
Mayor Ledbetter asked for comments from the Council pertaining to
Pelican Cove West before Mr. Christy began on Wildwood Subdivision.
Councilman Wargo questioned what this had to do with the present Council
since this all appeared to have happened before this Council took office.
He believes Mr. Christy should make specific charges in writing.
Councilman Spencer noted that Mr. Christy had requested to be allowed
to speak to the Council concerning these two subdivisions and the
Council had given him this special time.
Mr. Christy continued with Wildwood Subdivision which was brought into
the City in ]977. The area was given a special zoning. Mr. Christy
said that he believed that much of the cost of developing this subdivision
was paid for by taxpayers and not by the developers or builders. He
commented on the drainage problem and facilities and the road paving.
He noted an agreement for construction of facilities that was made by
the developer. Mr. Christy read from the minutes of various Council
meetings and Public Hearings that were held regarding this subdivision.
He quoted a letter from the Universal Engineering Testing Co. that
recommended a one inch asphalt overlay over the roadways which would be a
more ~ater resistant base. Mr. Christy continued by talking about
the present drainage problem and the money spent by the City to try and
correct the situation. He said that the former City Manager had used
City crews and City money to work on private property to correct some
of the drainage problems and the City should get this money back from
the builders or the developer.
Mayor Ledbetter said
because the land was
neighbors property.
builder.
that some of the houses were not built properly
filled in too high and caused flooding on the
This was not the fault of the developer but the
Councilman Asting asked the City Attorney if he had reviewed the material
presented by Mr. Christy and i~ there any actio~ this Council, should take.
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Mr. Alvarez said that he had reviewed the material and he did not feel
the Council should take any action. Mr. Christy has presented an accurate
history especially of Pelican Cove and there appear to be two issues.
The past City Council considered the issues of annexation, rezoning,
width of main street, legal opinion behind the granting of the variance,
etc. We have lived with that for several months now. I stated at the
time my opinion for the past Council. The past Council approved Phase I
of Pelican Cove West and that is that. They knew all the issues and
they were perfectly aware of the questions that had been raised, they
heard my opinion. It was a public meeting and if there were any other
questions raised at preceding meetings, the approval of the Council of
that plat ended there. There is still Phase II which will be the
responsibility of this Council and there is always the alternative of
going to court but he does not recommend such an action to the Council
because the developer acted based on the approval of the past Council.
The developer is innocent, the Council approved the plat and they were
the elected officials. Those issues could come back in the future if
we were taken to court. The plat was approved by the City Engineers,
the Clerk of the Circuit Court and the Vice Mayor. This certifies that
the Council accepted the plat regardless of how individual Council members
voted.
Special Meeting
June 27, ] 983
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Mr. Alvarez continued by referring to Mr. Christy's statements on
the Wildwood Subdivision. Wildwood goes back to 1977. There appears
~ to be two groups of issues-Qne public and one private. There has
been the private issue of some adjoining landowners draining into
Wildwood and some of the drainage problems appear to be a public item.
Questions have been raised about individual property owners installing
culverts or not installing culverts and blocking the flow of water
in the swales. Wildwood was approved by the City engineers. Should
we try to show that the City has incurred expenditures that should
have been incurred by the developer and recoup those expenditures?
To do that we need ) to show that it was the responsibility and
the negligence of the developer which would require a lot of expert
testimony and would contradict our own engineers. The only amount
that has been presented in black and white was the $1540.00 that
supposedly was spent using City personnel to fill some private lots.
That was an action by the past administration, authorized by the Council.
The question could be asked whether this was done merely for certain
private individuals or to help eliminate a health hazard in the area.
Given the nature of this question to try and recoup the $1,540.00,
in my estimation, would be far too costly to justify any action taken.
It has already been stated by County personnel that the area of Wild-
wood is located in a saucer and when it rains there will be water
accumulated in that area. It would be very difficult to convince a
judge of clear negligence by the developer.
There were no further comments from the Council.
Councilman Spencer motioned to adjourn the meeting, seconded by
Councilman Asting. Meeting was adjourned at 8:58 P.M.
Minutes submitted by:
Nancy Blazi
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Special Meetings
June 27, 1983
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