Loading...
05-02-1983 - Regular ~ ~ ~. ~ Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING MAY.2,1983 . MINUTES Mayor David Ledbetter called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present City Attorney Josel Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present There was an invocation by Reverend Harvey Hardin, and then the salute to the flag. PUBLIC HEARING AND SECOND READING - Mayor Ledbetter opened the Public Hearing on the second reading of Ordinance 83-0-10. City Attorney Alvarez read the Ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 83-0-1 ADOPTED JANUARY 3, 1983, AND ENTITLED 'IAN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 82-0-19, ADOPTED JUNE 6, 1983, AND ENTITLED IAN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE CITY COUNCILI BY REPEALING SAID ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL SHOULD CONSIDER AND APPROVE THE ISSUANCE OF ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES" BY REPEALING SAID EMERGENCY ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY CLERK SHOULD CONSIDER AND APPROVE THE ISSUANCE OF ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES;" REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mr. Ben Vasquez, property owner in Edgewater, spoke to Council and wanted clarification about home occupational licenses as he understood it was for telephone service and office service, and he noticed where businesses are being conducted from the homes now. Mayor Ledbetter said he also understood that home occupational licenses are to be for tele- hone use only unless Council directs it to be otherwise. . Councilman Spencer moved to close the Public Hearing due to the fact that no more people wanted to speak. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to accept Ordinance 83-0-10. Councilman Asting seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Councilman Spencer asked City Attorney Alvarez if a motion would be in order to approve all the minutes since there are seven sets to be considered. City Attorney Alvarez said they should be approved individually. Councilman Spencer moved to approve the minutes of April 7, 1983, Special Meeting, 9:30 AM. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to approve the minutes of April 7, 1983, Special Meeting at 10:00 A.M. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to adopt the minutes of the April 8, 1983, Emergency Meeting. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved to adopt the minutes of the April 11th Special Meeting of Council. Councilman Asting seconded the motion. Motion CARRIED 4~0. Councilman Spencer moved to adopt the minutes of the Regular Council Meeting of April 18th, 1983. Councilman Asting seconded the motion. Mayor Ledbetter stated for the record that he wasn1t present at the 18th meeting. Motion CARRIED 3-1. Mayor Ledbetter voted NO. " . ".. u u APPROVAL OF MINUTES (continued) Councilman Asting moved to adopt the minutes of April 21, 1983. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved to adopt the Special Meeting minutes of April 22, 1983. Councilman Asting seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council authorize payment for the bills and accounts. Councilwoman Bennington seconded the motion. Councilman Spencer said he wanted to compli- ment City employees and Department Heads as this was the first time they didn't have any supplemental bills and accounts to consider. Motion CARRIED 4-0. MISCELLANEOUS Mr. Ben Vasquez, property owner in the City of Edgewater, address is 1907 South Atlantic Avenue in New Smyrna Beach. Mr. Vasquez read a statement regarding his protest to the road paving program and assessments, and referred to resolutions 83-R-23, 83-R-24, and 83-R-29. He felt they were in violation of State Statutes and Constitutional law. He read sections of the resolutions. Mayor Ledbetter stated his three minutes were up and Mr. Vasquez asked for an extension of time. Chief Baugh escorted Mr. Vasquez from the Community Center at the request of Mayor Ledbetter, since Mr. Vasquez continued to speak after his time was up. Mr. Frank Opal, Florida Shores, referred to Section 52 of the Charter and to the no-confidence vote of 4-3 for the Chairman of one of the City boards. He spoke on page 209 of the Charter and Florida Statutes 166.505-1, and-4, which refers to the Code Enforcement Board. He urged Council to cancel anything the Board processed this past year, and to disband this Board and a new Board set up according to law. Mayor Ledbetter called the three-minute time and directed Mr. Opal to take up with the City Attorney anything he has on a Board. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Council Reports - Councilman Asting spoke on the Federal 5~ gasoline tax and the State's 5~ increase and now the County Counci1.s 4~ increase proposal. He said if this goes through, the cost of gasoline will have risen 14~ a gallon in a few short months. He urged all citizens to call or write the County Council representatives and voice their opinion and he moved that the City Attorney draw up a resolution opposing the latest gasoline tax pro- posal. Councilwoman Bennington seconded the motion. At Councilman Asting's request, this was opened to the audience for their input. Mr. Robert Christy, 1916 Evergreen, agreed with Mr. Asting and said he's all for paving but he's in favor of doing it the right way. He said the phone company and electric company are both raising their rates but the municipalities aren't and they should be getting this. He said the County is doing double taxation. He felt the County should pay for roads paved in the County and not the municipality. Councilman Spencer said the various cities are trying to get distribution of the revenue from this tax and the plan to be presented to the County Council by most of the cities in Vo1usia County is an allocation based on the total land valuation in each city, and total resident popu1ation~ He said Edgewater's share would be an estimated $52,000. if tax is 2~ per gallon and $104,000. if it's 4~ per gallon. That's on the basis of a 50/50 split of the funds. He suggested Council consider carefully that this could provide a very great benefit to the City. He noted that the County would use their share for main- taining County roads in the City limits. Motion by Councilman Asting CARRIED 3-1. Councilman Spencer voted NO. Councilman Asting said he had asked the Chief of Police to examine the entrance to the Edwin Hall complex on u.S. 1 and to check with DOT on the safety angle due to the narrow driveway. He asked for a letter from DOT assuring that this meets their safety standards. Chief Baugh said he hasn't heard back on this yet. -2- Regular Council Meeting Minutes May 2, 1983 i. Q o COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES (Continued) Council Reports - contld Councilwoman Bennington said there are several board appointments coming up and since welve only received responses from two, she moved that we put a freeze for the next month, until we have a new Councilman, and let them stay status quo. She clarified that any board member be frozen and stay on until we get a new Council member. The City Clerk noted the election isnlt until June 21st. Councilman Asting seconded for the purpose of questions. and dis- cussion. Councilman Asting asked how Board resignations would be handled and Councilwoman Bennington said this would be for Board expirations only. Motion DID NOT CARRY 2-2. Council- man Asting and Councilman Spencer voted NO. City Attorney Reports - City Attorney Alvarez had a proposed set of the Articles of Incorporation of Friends of the Edgewater Library and asked the City Clerk to distribute copies to Council and the members of the Library Board. He also had a draft of the ordinance for regulating the removal and planting of trees to be distributed to Council for input. He said there was a second amended complaint filed in the Montesano lawsuit and he has sent copies to the insurance company. City Clerk Reports - City Clerk Nancy Blazi said she would need Council approval to authorize May-Zima to set up the program on the road paving. May-Zima would be working in cooperation with our present auditors. Councilman Spencer moved that the program be authorized to ~ maximum funding of $3,000. Councilwoman Bennington seconded the motion. Mayor David Ledbetter said this is a one-shot deal for billing people for the assessments. The City Clerk said there are over 500 people and they have a year to pay and there would be bills sent every month. The present auditors did not feel it would be feasible to try to do it by hand. Motion CARRIED 3-1. Mayor Ledbetter voted NO. The City Clerk said she could not find where Dale Street has been accepted as a City street. Mr. Dana Armstrong came forward at the Mayorls request and said Dale Street was outside the City limits off West Park Avenue. Parks and Recreation Board and Citizen Code Enforcement Board - Expiration of Appointments - The City Clerk noted that the Council wants to hear from people willing to serve on boards and these listed are for board expirations during the month of May. Industrial Development Board re: Request for Moratorium - The City Clerk read the April 22, 1983, letter from Ms, Doris Massey, Chairman, requesting that Council put a mora- torium on any further requests to rezone the present industrial zoned lands. Councilman Spencer noted that industrial zoned land is very limited in Edgewater~ and he moved that Council put a moratorium on rezoning any land that is now zoned Industrial during this Council IS term of office. Councilwoman Bennington seconded for discussion. Councilwoman Bennington expressed her concern about legally putting a moratorium on rezoning and suggested turning it over to the City Attorney to report back to us at the next Council meeting. City Attorney Alvarez said the word moratorium is quite strong and agreed that there seems to be a need but this is a very strict measure. He said he would like to have more factual background as to just what is involved in the recommendation. Councilman Spencer withdrew his motion and asked that the Attorney check on this. Councilwoman Bennington withdrew her second. Councilman Spencer said the Attorney could come back with something to limit the rezoning of the Industrial lands. City Attorney Alvarez said perhaps we could change the ordinance and attach certain conditions to make it more stringent. Zoning Commission-880 Zoning Ordinance & Coin Operated Game Room ~1achines- The City Clerk said these two recommendations from the Zoning Commission are being brought back to Council since this is the month of May. She read the March 28, 1983 letter from the Zoning Commissi.on" Chairman regarding the multi-family and duplex special exceptions. Councilman Asting moved to adopt the recommendation of the Zoning Commission. Councilman Spencer seconded the . motion. Motion CARRIED 3-1. Councilwoman Bennington voted NO. Councilman Asting moved that the City Attorney draw up the ordinance. Councilman Spencer seconded the motion. Motion CARRIED 4-0. The City Clerk read the Harch 30, 1983, letter from the Zoning Commission regarding the B-3 and B-5, Permitted Uses, to allow Coin Operated Game Room Machines. Councilwoman Bennington moved to instruct the City Attorney to draw up an ordinance and to accept this recommendation. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -3- Regular Council Meeting Minutes May 2, 1983 u u COMMUNICATIONS Request for Home Occupational License - There was an application from Teresa Godbolt, 2204 Hibiscus for clothing manufacturing and the name of the firm is Overhead Sportswear. Ms. Godbolt said they make clothes there and the address should be 2504 Hibiscus. There was a discussion as to just what zone the business would be in as this would be B-2. Her home is on India Palm but she rents a bay in a storage warehouse for the business. The City Clerk advised Ms. Godbolt to come to City Hall to straighten this out. There was an application from George Andres, 2722 Royal Palm Drive, for distribution of frozen foods and they requested office use of the telephone only. Mrs. Andres was present and said they get their foods from Orlando and there would be no truck parked at their home. Councilman Asting moved to approve the application. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Mrs.James Inman re: Road Paving - Mrs. Inman lives at 2948 Travelers Palm and is concerned about the cracks in the new pavement in front of her house. The City Clerk read the April 22, 1983, letter from Mrs. Inman. Mayor Ledbetter suggested having the Superintendent take core samples and if it doesn't meet the requirements, notify the contractor. Councilman Asting said this is the same problem he brought to Council before. Mayor Ledbetter said if we have to pay for 111 thick asphalt, then we should be getting 111 everywhere. Councilman Spencer said he feels that most of it meets the 111 thickness, and the Acting City Adminis- trator needs to get in touch with Martin Paving Co. to come down and repair it. Councilman Asting felt we should take the measurements as suggested and send another letter to Martin Paving to let them know this is unsatisfactory. Attorney Clay Henderson re: Board of Adjustments Decision - The City Clerk read the April 14, 1983, letter from Attorney Clay Henderson regarding the decision of the Board of Adjustments for a variance request from Mr. Robert H. Cochrane of 929 Flagler Avenue. Attorney Henderson spoke to Council regarding this case. Councilman Spencer said he listened to the tapes and read the minutes and he didn't feel that board acted in a capricious or arbitrary manner. Councilman Asting agreed with this. Councilman Spencer felt this Council should refer the matter back to the Board of Adjustments so that they will reconsider the matter and vote in a manner that is very clear. City Attorney Alvarez said he felt it was very clear that the Board voted 5-1 not to grant the variance and he said if this is an appeal to the Board, the decision was rendered March 10th and it1s been 1! months since then. Attorney Henderson said that the decisions of the Board are subject to final review by the Counci1.and the ordinance does not state a certain number of days for appeal. City Attorney Alvarez felt all we need now was clarification from the Board that they meant to say no variance when they voted. Mayor Ledbetter suggested that the City Clerk prepare a package for City Attorney Alvarez with minutes of the meeting, plus ordinances, and submit it to him. Councilman Spencer moved that the Council request clarification from the Board of Adjustments on their vote relative to this variance request. Motion DIED for lack of second. Councilman Asting moved that the City Clerk prepare a package of the minutes of the Board of Adjustments meeting and other material related to this particular case and turn it over to the City Attorney for his review. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Asting moved to recess for five minutes at 8:40 P.M. Councilman Spencer seconded the motion. Meeting returned to order at 8:50 P.M. Ms. Virginia Roche, League of Women Voters - The City Clerk read the April 12, 1983, letter from Ms. Roche which requested permission to appear before Council to explain the function and purpose of the Voters Guide. The City Clerk asked if Council would object to her scheduling this for the next regular meeting on May16th. Council members had no objections. City Attorney Reports - City Attorney Alvarez stated he thought other items would be on the agenda and since they are not, he wanted to re-open his reports. Council agreed to this request. He said regarding the part-time Recreation Director, the prohibition against dual office holding will not apply to him. As to the status of the Chairman of the Code Enforcement Board, he said that item was not listed on the agenda so without going to legal appeal, that's up to a judge to decide. He said he does have reservations about any item acted upon that is not scheduled on the agenda. -4- Regular Council Meeting Minutes May 2, 1983 Q <.) City Attorney Reports (cont'd). City Attorney Alvarez continued with the vacating of Alvarez Lane. He had reviewed the records on this and felt the ordinance was not clear and no notices were given so he could not vouch for form or legality. He reviewed that no deed was drawn to the two adjoining property owners and the ordinance gives the property to the lots but no title passes to anyone. He said if the ordinance is rescinded it will revert back to a paper street. He said if Council desires to re-open it and use it for a street he wants to caution them on the specific language of the State Statutes, that a petition of adjoining property owners, if the street has not been used for 60 months it is conclusive to assume that it has been abandoned. Mayor Ledbetter asked if a dedicated City street is forevermore or does the 60 months apply when it's a paper street. City Attorney Alvarez said that is why there1s a provision in the Statutes, for the adjoining property owners. Mr. Harold Breuilly, 220 Hubbell Street, presented a petition signed by 39 residents of the Hubbell Street and Plaza Lane areas, which requested Council to uphold and enforce Ordinance 82-0-14 which vacated the abandoned section of Plaza Lane (Alvarez Lane) west of Hubbell Street. Mr. Charles Hamel, 310 S. Riverside Drive, said he objects to the statement that the street was not used for 60 months or more because he repeatedly uses this street and his friends have used this street. He said the City may not have used the street but there is access to that street regardless of a tree there and you can see that by the tracks there. He felt it was just an issue brought up to obtain something for nothing, and the street was there when he bought his property. He requested Council to undo the ordinance that was passed. Mr. Harold Breuilly asked Council for an opportunity to refute a statement made by Mr. Hamel. Mr. Hamel had referred to a travel trailer that had been parked there and Mr. Breuilly said it was parked on his property adjacent to the street. He said the neighbor lady uses that street for access to her carport. Mr. Charles Hamel said he recorded the lots in the name of his daughter. City Attorney Alvarez said it appears that someone has been using the street and Council has two choices, one is to declare the past ordinance invalid, repeal it with another ordinance, which will re-open the street as a paper street. . He said weld probably get another petition to vacate pursuant to State Statutes and will have to go through the notification process and public hearing and can again make a decision as to whether or not to vacate the street based on testimony similar to what we heard tonight. He said that a declaratory judgement can be filed in court and let a judge decide it. He noted that Mr. Breuilly has been paying taxes on it and Mr. Hamel had never been given notice on this. Councilwoman Bennington moved to instruct the City Attorney to file for a declaratory decree for the courts to settle this to be fair to both parties. Councilman Asting seconded the motion. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS 83-0-11 Change in Voting Order - City Attorney Alvarez read this Ordinance. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-24 (b), OF THE EDGEWATER CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ELIMINATING THE REQUIREMENT IN THE VOTING ORDER THAT THE MAYOR'S VOTE BE COUNTED LAST; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. He noted that Section 1 had only one change and that is the words IIhis name being called lastll have been stricken. He said the rotating order of the roll call could be handled by the City Administrator. Councilman Spencer moved to adopt 83-0-11. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Clerk.Nancy Blazi explained that each agenda will have a voting order so it will be the same for that meeting. 83-R-37 Appointing Election Workers for May lOth Election - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING ELECTION WORKERS FOR A SPECIAL ELECTION TO BE HELD ON MAY 10, 1983, IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He read Section 1. of the Resolution which listed the names of the precinct workers in precinct 24 and 24-A. Councilwoman Bennington moved to adopt this Resolution. Councilman Asting seconded the motion. Motion CARRIED 4-0. -5- Regular Council Meeting Minutes May 2, 1 983 Q u ORDINANCES AND RESOLUTIONS (continued) 83-R-38 - Appointing George Quaggin as Planning Commission"Alternate - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO A VACANCY ON THE PLANNING COMMISSION OF THE CITYOFEDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND- PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 3-1. Council- woman Bennington voted NO. 83-R-39 Appointing Reverends Hardin and Canova to City's Pension Boards - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING REVEREND HARVEY HARDIN TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN~ AND APPOINTING REVEREND SAYER CANOVA TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved to adopt Resolution 83-R-39. Councilman Asting seconded the motion. Motion CARRIED 4-0. 83-R-40 Confirming & Re-adopting Res. 82-R-61 & Designating"City's Portion of Matching Funds for Grant Applications - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING AND RE-ADOPTING RESOLUTION NO. 82-R-61 ENTITLED: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, AUTH- ORIZING THE SUPERINTENDENT OF THE PARKS AND RECREATION DEPARTMENT TO APPLY FOR A GRANT FROM THE DEPARTMENT OF NATURAL RESOURCES, STATE OF FLORIDA, UNDER THE TERMS OF THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATEII, AND DESIGNATING THE CITY'S PORTION OF MATCHING FUNDS FOR THE GRANT APPLICATION, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez stated there had been a request from the agency to which we are applying that present Council re-confirm the action taken by the past Council and that the matching funds from the City be designated. Councilman Spencer moved. to adopt Resolution 83-R-40. Councilwoman Bennington seconded. Mayor Ledbetter stated that he felt Section 1 which directs Mike Avery to execute and file an application should be changed to City Clerk as hedoesn't feel the man has the expertise to apply for a grant. He said Mrs. Taylor had executed the largest portion of the other grant application and Mike Avery has his hands full with the job he has now. Mayor Ledbetter said he would agree to City Clerk or her Deputy. Councilman Asting said he agreed it should be the City Clerk or her representative. Councilwoman Bennington moved to amend it to be the City Clerk or her representative. Councilman Asting seconded the amendment. Motion on the amendment to change the Superintendent of Parks and Recreation to City Clerk or her representative CARRIED 4-0. Councilman Asting felt a letter should be sent to Mike Avery to compliment him on his efforts and Councilman Spencer agreed. Motion to adopt the Resolution CARRIED 4-0. City Attorney Alvarez noted that Res. 82-R-61 designated Mike Avery to execute and file the application and this Resolution was re-adopting it. He suggested adding IIUnder the direction of the City Clerkll after Mike Avery's name and he initialed this change with Council's agreement to this change. UNFINISHED BUSINESS Appointment to Merit Board -Councilman Spencer moved that this item be removed from the table. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer nominated Dr. Roland Bazin who had submitted his application and indicated will- ingness to serve on a board. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Part-Time Recreation Director - Councilman Asting moved to take this off the table. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer nominated Dennis Norman for part-time Recreation Director. Councilman Asting seconded the motion. Mayor Ledbetter didn't feel an employee should have two jobs with the City. Motion DID NOT CARRY 2-2. Councilwoman Bennington and Mayor Ledbetter voted NO. Mayor Ledbetter requested Council to have the City Clerk furnish the budget of the Parks & Recreation Dept. to date. City Clerk Nancy Blazi said this was done at the review where he was absent, and there was a position budgeted that wasn't filled. Mayor Ledbetter said he was familiar with that because there was $12,000 needed to put in a Little League football field and instead it was decided to hire a full time employee and part time Recreation Director. He said he'd like Council to set a workshop meeting when the information is available. Councilwoman Bennington suggested interviewing the applicants for the position. There was a discussion as to the need for the position and the duties of the Edgewater Athletic Association. City Clerk Nancy Blazi said she'd give Council an update on the Parks & Recreation budget and perhaps Council would want to advertise for the position, and Council could set a workshop on this. -6- Regular Council Meeting Minutes May 2, 1983 o <.) NEW BUSINESS Election for Zone 1 Seat - City Attorney Alvarez read Resolution 83-R-41. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTIONS 13 AND 135 OF THE CITY CHARTER OF THE CITY OF EDGEWATER, FLORIDA, PROCLAIMING AND CALLING FOR A SPECIAL ELECTION AND A SPECIAL PRIMARY ELECTION, IF NECESSARY, TO BE HELD FOR THE ELECTION OF A NEW COUNCILMAN IN ZONE ONE IN THE CITY OF EDGEWATER, AND DESIGNATING THE LOCATION AND PERTINENT DATES OF SAID ELECTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He also read the Sections of the Resolution. Councilman Asting moved to adopt the Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Part-Time City Engineer Applications - There were four applicants for the position of the Part-Time City Engineer. Councilman Spencer noted that one applicant did not meet the qualifications required. Councilman Spencer moved to hold an interview workshop for the other three applicants. It was agreed that the City Attorney would not need to be present for this workshop which was scheduled for Thursday morning. City Attorney Alvarez noted that this might require an amendment to the contract with Briley, Wild. Motion CARRIED 4-0. City Attorney Alvarez said he had met informally with the County and he would like a Council member to a"ccompany him to a meeting with the County Attorney regarding the responsibility for the drainage problems. It was agreed that Councilman Asting would attend this meeting with him" Bid for Road Grader Repair - The City Clerk advised there was one response to our adver- tisement for repair to the road grader and it was for $28.00 per hour plus parts. Mayor Ledbetter suggested rejecting the bid. Councilwoman Bennington moved to reject the bid. Councilman Spencer seconded. Motion CARRIED 4-0. City Manager Applicants' Interviews - Councilman Spencer moved that the Acting City Administrator obtain written references from those applicants who have been selected by the Council members for interviews. Mayor Ledbetter said he hadn't had an opportunity to review them yet and Councilman Asting said held only selected one, Nancy Blazi. Councilman Spencer noted that Nancy Blazi did not apply for that position and the deadline for submitting applications was April 1st. Mayor Ledbetter suggested since the election is a week from tomorrow, whichever way the situation goes, there is time to review those applications. Councilman Spencer said all he is asking is for written references and this will save time. He isn1t asking to interview the people prior to the results of the May 10th election. Mayor Ledbetter said held go along with what Council decides. Mr. Walter Gross spoke to Council about the cards sent out by Councilman Spencer. Councilwoman Bennington seconded the motion for discussion. Councilman Asting said held look the applications over, but he felt Mrs. Blazi was most qualified. Motion CARRIED 4-0. The City Clerk said she'd wait to get their input of their selections. Donation of Land for Police Station - Councilman Spencer had distributed a proposed letter to the Project Manager for Florida Shores of Vol usia, commonly known as Magnuson. He is interested in pursuing the request for donation of land for a suitable Police Station. The previous City Council had vacated Alamanda for the building of the Shopping Plaza and re-zoned City lots also. Councilman Spencer had talked with Mr. Williams, Project Manager, to see the status of the former City Manager's request of June 7, 1982, since there was no response at City Hall. Councilman Spencer suggested adopting this letter, or one similar, and send it to Mr. Williams. Mayor Ledbetter stated he wasn't aware there was a request for land. Councilman Asting moved that a letter be sent to the Magnuson Corporation, signed by the Mayor. Councilman Spencer seconded the motion. Councilman Asting noted that this letter is addressed to Mr. Williams and he felt it should go to the Magnuson Corporation President in Miami. The City Clerk said she'd send a copy to Mr. Williams and Council agreed. Police Chief Earl Baugh spoke to Council and reviewed the location of the lots. Motion CARRIED 4-0. -7- Regular Council Meeting Minutes May 2, 1 983 '. . .' . o o NEW BUSINESS (cont'd) Cash Management - Councilman Spencer stated the last two audit reports by May, Zima have indicated the City could improve their handling of cash and obtain better banking services by comparing specification banking services and going out for bid. Councilman Spencer proposed that the Council direct the Finance Director to prepare a specification for banking services for Counci1.s review and to do this with the aid of our new auditing firm, Brent Millikan, ~nd to be done in the near future. Councilman Asting said held like to see the banking services changed for the City, ~nd he moved in view of Councilman Spencerls statement, the Finance Director go out for bids on a depository for City funds. Councilman Spencer said he wanted the specifications prepared for Council review before it goes out for bids. Councilman Asting said that can be in the motion. Mayor Ledbetter stated there is the General Fund and the Water & Sewer Revenue Funds and ordinance 400 says you cannot intermingle the funds in any way. Councilman Spencer amended the motion that the Council receive and review the specifications before they are advertised. Councilman Asting seconded the amendment. Motion on the amendment CARRIED 4-0. Motion to authorize the preparation of the specification CARRIED 4-0. Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 10:30 P.M. Minutes submitted by: Lura Sue Koser q] Q:rJlQ ~ '- ~ ~ .... ,} M OR '-- - X??z:- o COUNCILM~N L ~ .' ~H~/ COU CI AN - ZONE TWO C7 -U ~~l' ?h^ COUNC LMAN () ONE THRE ~ ~~~ COUN MAN - Z N FOUR (fJ.-/ ATTEST: bJij t ~,/ CITY CLER /%/ Approved thi s: /~ day of y , 1983, \1)~f~~- MAYOR - -8- Regular Council Meeting Minutes May 2, 1983 .. "I hereby request that this statement as read be recorded verbatim in the minutes of ~ . this May 2, 1983, City coune meeting. 1\ I hereby protest the C of Edgewater's road paving p~m and assessment liens, Under which Resolutions #83-R-23, 24 and 29 have been passed by the city council, which are in conflict with each other and in violation of Florida statutes and Constitutional Law. First, you will note Resolution #83-R-23 states in its title, in part, "A resolution of the City Council of the City of Edgewater, Fla., finding previous special assessments to be unenforceable and pursuant to section 170.03, Florida statutes, declaring new special assessments for the purpose of construction of hard surface streets within the City of Edgewa ter . " You will note, resolution 23 clearly proposes the construction of hard surface streets in the City of Edgewater and also implies that there are no existing streets in this area at present. Resolution /I 83-R-24 states in its title, in part, "A resolution of the City of Edge- water, Fla. pursuant to Florida statutes section 170.07, to publish the assessment roll made in accordance with Florida statutes section 170.06 declaring assessments upon all lands abutting certain roads within the Florida Shores Subdivision for paving and improv- ing said roads.." You will note that resolution 24 refers to the assessment roll as property within the Florida Shores Subdivision. This implies that this so-called Florida Shores Subdivision is a new or undeveloped subdivision. This resolution also implies that this is a subdivision that the city has been requested to enter into and pave its streets. The City of Edgewater's legal advertisement as placed with the News and Observer news- paper also refers to these streets as being located within a Florida Shores Subdivision. The City Council by its resolution and placement of a legal advertisement have illegal- ly separated a section of the City of Edgewater, referring to this section of the city as a subdivision. Furthermore, the corporate limits of the City of Edgewater has encompassed the area known locally as Florida Shores for a period of approximately 30 years, complete- ly subdivided for these years with existing hard surfaced shell streets. These shell streets have been used by all of the citizens of the city during this time. If you will refer back to Resolution #83-R-23, you will note that it states that the clear purpose, is for the construction of hard surface streets in the City of Edgewater. Therefore, by its own resolution the city has admitted that Florida Shores is in reality the City of Edgewater. Florida Statutes section 170.01 gives a municipality authority to provide for the paving, repair, surfacing, etc. of streets and alleys and.states in part that the city may "provide for the payment of all O~ any p~rt of the costs of any such improvements by the levying and collecting special assessments on the abutting, adjoining, contiguous or other specially benefited property." You will carefully note this statute states the words... "specially benefited property': Assessments are to be levied only upon property or land specially benefited by the improve- ments. The Edgewater City Council has failed to show how property abutting existing city streets which are used by all its citizens, can be specially benefited by any paving of shell streets. The City of Edgewater cannot assess property which is not specially benefited, nor can it separate one area of the city and treat it in an unequal and discriminatory manner from that of the rest of the city. This is a flagrant violation of the Laws of Florida and Constitutional rights. In addition, it has been ruled that..........."When an assessment so transcends limits of equality and reason that its exaction would cease to be a tax or contribution and be- comes extortion and confiscation, the courts will protectqthe victims so Copies to: News and Observer Ben Vazquez, Jr. Property owner, City of