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04-04-1983 - Regular r ~ · c:~ -.. ~ 1..) CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING .. APRIL4,1983 , 'MINUTES Mayor Richard McKillop called the Regular Meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington City Attorney,Jose'Alvarez Councilman Neil Asting Present Present Present Present Present Councilman Jack Spencer City Clerk Nancy Blazi Police Chief Earl B~ugh Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Councilman Spencer moved to approve the minutes of the Special Meeting of Mar.ch 14, 1983. Councilman Asting seconded. Motion CARRIED 3-2. Councilman Ledbetter and Councilwoman Bennington voted NO due,to absence. Councilman Asting moved to adopt the minutes of the Regular Meeting of March 21, 1983. Councilman Spencer seconded. Motion CARRIED 3-2. Councilman Ledbetter'voted NO due to absence and Councilwoman Bennington voted NO due to being excused early from that meeting. Councilwoman Bennington moved to accept the minutes of ,the Special Meeting of March 28, 1983. Councilman Ledbetter seconded. Motion CARRIED 5-0. BILLS AND ACCOUNTS The City Clerk read the list of the supplemental bills. Included in this list was a bill from Bankers Life for the $56.82 for the use of ,the pharmaceutical card by former Councilman Jake Lodico. The Finance Director recommended paying this since it's a second notice in order not to jeopardize our standing with Bankers Life, and then continue with our efforts to collect. Councilman Spencer moved to pay the regular and supplementary bills. Councilman Asting seconded for discussion. Councilman Ledbetter said he can realize on the bill for Mr. Lodico that the insurance expired 30 days after his leaving office and he went under this assumption, but he thinks it's the responsibility of Bankers Life to collect this and the City is' not a collection agent for them. Councilman Asting questioned the appraisal services on the regular bills and the City Clerk said that was for Menard Beach.and it was required for the grant that we're trying to get. Mayor McKillop asked City Attorney Alvarez about the status of Mr. Lodico's use of the pharmaceutical card. The City Attorney said he has written the letter to Mr. Lodico. There was a discussion as to whether the City would be in jeopardy over this amount since the City is the billing account. Councilwoman Bennington amended the motion to pay all the bills except Bankers Life until we contact the insurance company and notify them that legal action is pending. Councilman Spencer seconded. Motion on the amendment CARRIED 5-0. Amended main motion CARRIED 5-0. MISCELLANEOUS Robert Christy, 1916 Evergreen Drive, said he was not able to meet the amount needed to submit a petition tonight to go on the May 10th referendum. Walter Gross, 909 Lake Avenue, spoke regarding a site plan presented recently to the Chairman of the Planning Board by Earl Wallace. He referred to a council member's employment by Mr. Wallace who is also the wife of the Chairman of the Planning Board. He also referred to a letter sent to a newspaper by the Chairman of Planning which he felt degraded and insulted the people in Edgewater. He considered it unethical and asked Council to ask the Chairman of the Planning Board for his resignation from that board. - ~ ~ Dana Armstrong, Cheeta Drive, stated he is cOncerned about the gossip in Edgewater and said Walter Gross is starting rumors that he wanted to be City Manager or Building Official and he has never committed himself to any councilman about any position and he wants the record to show this. Frank Opal spoke to Council regarding an investigation of the F.B.I. and referred to the Code Enforcement Board workshop with Council on March 31st. He feels the investi- gation was a result of an effort to besmirch his integrity and said he will pursue this to the hilt. Mr. Cichewicz, 416 Wildwood, asked if the City Attorney had any report on the drainage, problem in Wildwood. The City Attorney said he had been asked to look into legality of canals that were dug but it wasn't as an official request. He looked into the matter due to close proximity to county offices and this was not at City expense or as City Attorney. He said this might be a private dispute. He met with Tom McClelland, Director of Public Works for the County, and the County Engineer and was told it appears there might be a violation of the county ordinance that requires retention of water within your property. If there is a violation, it isa technical one because according to the County Engineer, that whole area is water and it will be difficult to prove to a judge that the canals that have been dug into the big canal are causing the flooding. The Engineer further added this may be a private dispute and civil action may be the answer. There was a discussion between Mr. Cichewicz and the City Attorney regarding the type of suit. Mayor McKillop advised Mr. Cichewicz that he had a statement regarding Wildwood which he would be submitting under Council Reports. The City Attorney said the County Engineer is going to notify the Masseys that they have to obtain a permit if they haven't done so in order to have this water discharge. Mr. Cichewicz asked Councilman Asting if he was satisfied with this answer and Councilman Asting said it doesn't sound right to him. Councilman Ledbetter said there was to be a survey on the north drainage ditch on the south side of the old May town spur on alleviating the water providing it didn't flood the upland property owners. They talked about lowering the culvert if they could get permission from the railroad company. The City Clerk noted Mr. Mann's appearance with Mr. McClelland 2/7/83 and since then Mr. Mann~s serious illness. She had heard from Public Works that they had received permission from FEC and they estimate the cost to lower those pipes will be about $25,000. or more. They're awaiting the return of Mr. Mann in order to give support to Edgewater in getting some County Council help on it. Mr. Ledbetter said he didn't think they'd used the May town spur since they built 1-95 and it was used at 442. Former Mayor Dana Armstrong came forward and said they constantly use the May town spur for about 2,000 feet of the main line and they unload at Lone Star where they have an unloading facility and a storage facility for covered hoppers. He said they lowered the culverts in 1960 and drained the county shell pit down 1811. He gave his recommendations on the drainage problem. Mr. Cichewicz asked if it's legal for that water to be draining into his private property and said he understood that the City had nothing to do with that. City Attorney Alvarez said the only possible violation would be of a County ordinance. William Glaser, Needle Palm Drive, spoke about the amount of traffic and dust on his street. He asked that something be done about the dust and to quit plowing the roads with the tractor and asked for speed limit signs to be installed on the street. Council- man Ledbetter questioned the chemicals bought a few years back to control the dust problem there and Mr. Glaser said the chemical was never put down. Mr. Glaser said there was a :petition to Council about 1977 to lower the speed limit and put in a couple of stop signs on Needle Palm and Orange Tree and this has been re-submitted about every other year. Councilman Ledbetter asked Chief Baugh if there was any way to lower the speed limit there and stop signs posted and Chief Baugh said there are stop signs at the intersection running east and west and it's not feasible to put them north and south also. The speed limit is 30 MPH there which is for all the Shores. Mr. Glaser referred to the 25 MPH signs posted in other areas of the City. There was a request from the City Clerk to move up item 5.E.2., Parks and Recreation. Councilwoman Bennington motioned to move this item up on the agenda. Councilman Asting seconded. Motion CARRIED 5-0. Recreation Director Appointment Request - t1ayor McKillop said there are letters from the Secretary of the Board and also from Mr. Wyatt, Chairman of the Board. Councilman Led- better questioned the cutoff date for something to come before the Council. City Clerk Nancy Blazi said it is Wednesday noon. Councilman Ledbetter questioned the letter from Mr. Wyatt submitted on Friday to City Hall when Wednesday is the cutoff date. It was noted the date on the letter is March 31, Thursday, which was after the cutoff date. Councilman Ledbetter moved to TABLE this until Council can decide something on it. Co~cilwoman Bennington seconded for discussion. Mayor McKillop stated there is no discussion on a table motion. Councilwoman Bennington seconded. The City Clerk asked if this is tabled for a workshop and Mayor McKillop said it is. Motion CARRIED 4-1. Councilman Spencer voted NO. -2- Regular Council Meeting Minutes April 4, 1983 ~ y COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Councilwoman Bennington re: Home Occupational Licenses - Councilwoman Bennnington said she felt the home occupational licenses are getting out of hand as there are 48 on the list and 38 are sub-contractors. She referred to the rules and regulations that are to be followed and said she isn't aware that anyone is following up to see that they comply She felt that. the licenses should not have to come to Council for approval and the City Clerk should issue them. She felt this was being abused and some people are using their homes that should be required to rent office space in the proper zone for business. Councilman Asting did not feel this was a problem as long as they conform to the rules so far as advertisements, etc. He felt the Police Department should make the checks on these. The City Clerk said that on the list given to Council, under machine and repair is listed I. A. Blazi on Orange Ave. and this is a commercial area and has a commercial license and not a home occupational license. Councilman Ledbetter questioned the $25,000 homestead exemption given to a homeowner and asked if that changes someone's status when they apply for a license, as you don't get that exemption for a business. Councilwoman Bennington moved that home occupational licenses be taken away from Council and be issued by the City Clerk's office in they're in conjunction with Section 807. of our ordinance. Councilman Ledbetter seconded for discussion. Motion CARRIED 3-2. Councilman Ledbetter and Councilman Asting voted NO. Councilman Ledbetter spoke on a phone conversation with Mr. Chuck Hamel regarding an ordinance that vacated property next to his and he was not notified. The property was Plaza Lane and he asked status of closing the street. City Attorney Alvarez said his only knowledge of the matter was the phone call and an inquiry from Councilman Spencer but he has not received information on this yet. The City Clerk stated she sent copies of the ordinance and correspondence to the City Attorney's office. Councilman Ledbetter asked that the City Attorney review this before we have a lawsuit and report back to the Council. City Attorney Alvarez stated there would be two aspects, one from the adminis- trative end as to notice of mailing, and to look at procedures followed then and the pro- cedures called for. Councilman Ledbetter then asked Police Chief Earl Baugh about Snyder Street adjacent to the Post Office where a tractor-trailer sits all day long on City property. Chief Baugh said this is the tractor-trailer that hauls the mail and he has spoken with them and they were to keep it off that property, and he will check it again. Councilman Ledbetter asked the City Clerk about a City employee who emptied the Coke machine because he didn't get his paycheck on Friday and he wanted to take his holiday off and the checks weren1t signed. He asked what was done about that and the City Clerk said she didn't know what he was talking about. Chief Baugh said he didn't think it was because he hadn't been paid, and Mr. Avery took care of the situation.since it was in his department. There was a discussion about the incident and the day for the distribution of the paychecks. The City Clerk stated she'd look into this and get a report back to Council. Mayor McKillop said he felt Council should be brought up to date on this matter and all matters of this nature in the future. Council agreed with this. Councilman Asting said lot 130, the corner of Wildwood and Cherrywood in Wildwood, has a City accepted drain line running from east to west and empties into the drainage ditch bordering on Massey's property. He said Sherlock Homes plans to build on this property and he was concerned that construction over this line would cause problems if something happened to the buried line. Councilman Asting moved that the City Clerk/Administrator send a letter to the builder, Sherlock Homes, to cease any construction on this lot until an easement is granted to allow the City to do any repair work on this drainage line should the need arise. Councilman Spencer seconded. Motion CARRIED 5-0. Councilman Asting said on road paving, repairs by Martin Paving are needed north of 26th Street on Pine Tree and north of 30th Street on Travelers Palm. Councilman Led- better asked if any core samples had been taken of the depth of the pavement. Councilman Asting moved the City Clerk call Martin Paving Co. to advise them of these discrepancies. and request repairs be made. Councilwoman Bennington seconded. Councilman Spencer amended the motion to include the City Engineers to give a final report. Mayor McKillop felt we could send a copy of what we send Martin Paving. There was a discussion about taking a core sample. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Mayor McKillop referred to the Citizen Workshop recently held and the problem in Wildwood. He suggested one common workshop bringing together Briley, Wild and the County Engineers and our staff, including Mr. Copeland, to get a resolution to the problem or a course of action to take. Councilman Ledbetter suggested including Frank Hall as the developer of Wildwood. Council members agreed this was a good idea. Councilman Asting moved to recess for five minutes. Meeting was recessed at 8:45 P.M. and called back to order at 8:55 P.M. -3- Regular Council Meeting Minutes April 4, 1983 v v COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES (contld) City Attorney Reports - City Attorney Alvarez spoke on a decision from the 4th District Court of Appeals regarding the validity of developers dedicating land or paying a fee, similar to an impact fee. and determined that the ordinance in Brbward County was constitutionally' valid but.their ordin~nce and ours are different. He . suggested Council consider amendments to our ordinance relating to this. and it should be referred to Zoning for their recommendations. He spoke on where an applicant goes for appeal to a special exception or a variance. He referred to ordinance 82-0-3 which established the Zoning Commission and the Planning Agency. He didn't feel the duties and responsibilities of the two boards are clear. The three areas are the 5% under the subdivision ordinance, the appellate step from the Board of Adjustment on special exceptions or variances, and ord. 82-0-3 for duties and powers of the two boards. There was a review of the 1975 ordinance and the 1977 ordinance on the Board of Adjust- ment decisions. Councilman Ledbetter moved to allow the City Attorney to draw up the necessary recommendations and meet with boards either separately or jointly. Councilman Asting said it was regarding the subdivision ordinance and the 5%. Councilwoman Bennington seconded the motion. City Attorney Alvarez said he will take court decisions, ordinances upheld by the court throughout the State and send copies to each chairman who will meet with each respective board. They have 30 days to do this according to the Code and after they've finalized proposals then we'll have a joint meeting at that time. Motion CARRIED 5-0. Councilman Ledbetter asked City Attorney Alvarez about a letter regarding a lawsuit. The City Attorney said this will fall under the insurance company at this point and a copy has been sent to them and they will investigate the claim. This was regarding the Hanson & McCallister/Humphrey accident. The City Attorney stated the Articles of Incorporation for the Friends of the Library are being typed. City Clerk Reports The City Clerk said on the Pilch Construction/Hyser property matter, she learned that Mr. Pilch has made repairs there and Mr. Hyser seems to be satisfied. She said on the breakdown of the road paving figures, they still haven't received that information. On the drainage study, the 1966 and 1969 studies will be researched and they are in City Hall. There was a request from Mosquito Control to look at some of this because they feel some of the building in certain areas will have. or does already have, an impact on the Gabordy Canal. On the Code Book of the former City Attorney, she said he still maintains the book was given to him 6 or 7 months prior to when he became our City Attorney and he has requested our present City Attorney contact him about returning the book. Mayor McKillop asked the City Clerk about the Planning Department vacancy of a Kelly girl on a temporary basis. The City Clerk said we have looked also and Kelly seemed to be the answer but they don't have anyone either. Asting moved to advertise in the local paper for a secretary. Councilman seconded. Motion CARRIED 5-0. and the hiring into other areas Councilman Ledbetter Councilman Spencer asked the City Clerk about the financial information for the road grader. The City Clerk said the information would be available shortly from the Finance Director. and if then it is the Council IS intent not to choose the least expensive model, or next least expensive, according to the purchasing ordinance you have to state the reasons for that. Councilman Ledbetter moved to get three bids on having the road grader that we own now repaired. The City Clerk said she understood we could only get parts from those same people. Councilman Ledbetter said there were other sources. and suggested calling Hanson & McCallister for a name and Larry Ortega in St. Augustine. Councilwoman Bennington seconded for discussion. Councilwoman Bennington suggested Doug Cole as a third source or Carmen Montesano to look at it. She expressed concern as to how this would be financed since we still have the road paving program to complete. She thought it is a good idea to get three independent studies to see if the $16,000.figure is true before we commit ourselves. Councilman Ledbetter suggested sending someone up to St. Augustine to see a road grader they have. Mayor McKillop asked if the bidding process was handled correctly insofar as stating new or used equipment and accepting the lowest bid. The City Attorney said if it includes new or used equipment in the same bid, he didn't feel it was a good approach and suggested one bid for used equipment and one for new equipment. Mayor McKillop said the reconditioning price was never obtained and asked if it could be included. Councilman Ledbetter said the safety representative stated we -4- Regular Council Meeting Minutes April 4, 1983 v () need brakes on the grader. Councilwoman Bennington asked if he wanted to include a price for reconditioning if they're bringing in mechanics to give a price on repair. Councilwoman Bennington said she'd make the amendment since we're going out with the three mechanics. Councilman Ledbetter seconded. City Attorney Alvarez said we're going out to request services and we must be specific as to what we want these people to do so request proposals similar to a bid. The City Clerk asked if this was two separate bids. Mayor McKillop said you're still going to advertise it but have those three people get a copy of it, and it's two separate ones going out with the amendment. Councilwoman Bennington asked if it had to be advertised and Councilman Ledbetter said before adver- tising why don't you call these people and explain the situation to them and see if they're willing to come and check the piece of equipment out. Mayor McKillop felt we should advertise so we could accept the proposal and move forward. Motion on the amend- ment CARRIED 3-2. Councilmen Asting and Spencer voted NO. Amended motion CARRIED 3-2. Councilmen Asting and Spencer voted NO. Councilman Spencer asked the City Clerk the status of the part-time City engineer. The City Clerk said it had been advertised, and, Briley, Wild had offered their junior engineers for consideration for this serv'ice~Cbuncilman Spencer said the City Clerk did not need Council approval and Briley, Wild could respond to the advertisement as others will do. There was a discussion about Briley, Wild's offer. Merit Board - There was a recommendation from the Merit Board to adopt the wording in the Personnel Guide regarding outside employment and delete anything in the Code of Conduct in conflict. Councilwoman Bennington moved to adopt this recommendation. Councilman Spencer seconded the motion. Motion CARRIED 5-0. There was a recommendation from the Merit Board on a Safety Policy. It was suggested by the Worker's Compensation carrier and the Industrial Safety representative that the City adopt a safety policy. A letter to be presented to all employees was given to Council for approval. Councilman Spencer moved to adopt the letter to employees. Councilwoman Bennington seconded for discussion. Councilman Ledbetter wanted to go through the safety policy more thoroughly. The City Clerk said these are standard rules and regulations for setting up a safety policy and the information was given to us by the vJorker's Compensation and Industrial Safety representatives. Mayor McKillop had questions on page 2 under Injury Leave regarding the 15 days which he felt could incur quite a cost to the City. There was a discussion as to how the 15 days was handled. The City Attorney asked if the insurance carrier can be notified under Vehicle Accident Reporting Procedure. The City Clerk said as soon as it reaches the office it is immedi- ately sent to the insurance company. The City Attorney asked if the Personnel Officer is the one responsible to send it to the insurance company. The City Clerk said it would come under the clerk for insurance. The City Attorney expressed his concern that the insurance office would not be notified in time as happened in the past. There was a discussion regarding the three working days in which to report. and the City Clerk said the Basic Safety Rules for Supervisors and for Employees was what would be sent to employees and the Safety Program could be researched and re-submitted for Council approval. Motion was clarified by the City Clerk to be:adopt the letter signed by the Mayor and distribute to departments with just the Basic Safety Rules attached. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Parks & Recreation Board - There was a Recreation Director summary for Council information. Zoning Commission - The City Clerk read the March 28th letter from the Zoning Commission regarding the 880 Zoning Ordinance, multi-family housing as a special exception in the business and industrial zones. Mayor McKillop pointed out that changes to the ordinance can be made four times a year, February, May, August and November unless by a vote of 3/5th of its total membership they wmve the restriction and decide an emergency exists. Councilman Asting moved to adopt the recommendations of the Zoning Board. Councilman Ledbetter seconded the motion. Councilwoman Bennington asked if an emergency was declared. Mayor McKillop read from the Code. Chairman Siciliano from the Zoning Commission spoke to Council and said the emergency is spelled out in the letter as they1re building so rapidly. Mayor McKillop stated that in the future when there is an emergency he would like the emergency spelled out in the request that comes to Council. City Attorney Alvarez clarified that May is the open month and that is when it should be presented to Council even though it may go into another month for completion. ~10tion DID NOT CARRY 2-3.. Councilman Ledbetter and Astihg voted YES. The next item was from the Zoning Commission on Coin Operated Game Room Machines. Councilwoman Bennington stated that she felt this is an emergency as there's a business to open immediately with games planned there. Councilwoman Bennington moved that this be declared an emergency and accept this recommendation. Councilman Spencer seconded. The City Attorney said it needed a separate motion to waive requirements and declare an emergency, and pass by 3/5th. Councilwoman Bennington changed her motion._ Motion DID NOT CARRY 2-3. Councilwoman Bennington and Councilman Spencer voted YES. -5- Regular Council Meeting Minutes Apri 1 4, 1983 """' v ~ Mayor McKillop suggested the City Clerk put in writing to the boards that if either of the boards is going to send something and have to pass it other than the four months listed, that they put the emergency in the letter. Planning Commission - The City Clerk read the March 22nd letter from the Planning Commission regarding the Gas Lite Square Subdivision Final Plat Approval. The Mayor read an April 4th letter from Bill Cross of. Briley, Wild & Associates, the City's consulting engineers. Mr. Rossiter, the developer, and Mr. Dowst of Zahn & Sliger Engineering were present. Councilman Spencer had a question on the sidewalks and Councilman Asting questioned the stormwater design. Councilman Astingmoved to approve the variances as shown in the letter to the Council from the Planning Commission. Councilman Spencer seconded the motion. .Mayor McKillop questioned~the50' rdad right- of~way and 15' additional strip that serves as the.swale drainage and for pedestrian easements.for a 65' total width. City Attorney Alvarez asked if the plat can be approved tonight if the variances are approved. He questioned why the variances were not mentioned on the agenda. Mayor McKillop asked if this could be handled at a Special Meeting. Councilman Spencer withdrew his second to the motion, Councilman Asting withdrew his motion. Councilman Ledbetter questione d the January 4~1983 letter regarding retention ponds and was told the problem was resolved. Councilman Spencer moved that the subject of variances and final plat approval be on the agenda for the Special Meeting on Thursday (4-7). It was determined it would start at 9:30 prior to the scheduled 10:00 meeting. Councilman Asting seconded the motion. The City Attorney said the motion was an expression of intent and the official action will have to be resolutions, one approving the variances and one directing the Mayor to sign the plat and Council can issue a motion of intent. Motion CARRIED 5-0. Councilwoman Bennington made the motion of intent. Councilman Astlng seconded and stated it's a motion of intent to accept the variances and grant mylar approval by the Mayor. Mayor McKillop said we all approve it. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS There was a discussion regarding moving up items on the agenda for those people in the audience who had to wait such a long time. Councilwoman Bennington stated she was going to wait on the Change in Voting Order, 8.A., and will submit it later under Council Reports. Res. 83-R-30 - City Clerk Duties as Acting Administrator - The City Attorney read this Resolution. A RESOLUTION AMENDING RES. 83-R-l VESTING TEMPORARY AND WITH CONDITIONS UPON THE CITY CLERK THE ADDITIONAL ADMINISTRATIVE DUTIES AND RESPONSIBILITIES DESIGNATED TO THE OFFICE OF THE CITY MANAGER FOR A PERIOD OF TIME NOT TO EXCEED MAY 13, 1983, UPON THE CONDITION THAT THE EXISTING STATE OF AFFAIRS REMAIN UNCHANGED UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL. He read the deletions and additions to Sections 1 and 3. Councilwoman Bennington moved to accept this resolution. Councilman Asting seconded. Motion CARRIED 5-0. UNFINISHED BUSINESS Proposals from Auditing Firms - There were three proposals from auditing firms. Councilman Ledbetter moved to appoint the firm of Brent Millikan as City Auditors for the next two years. Councilman Asting seconded. Councilman Spencer questioned the two-year appointment rather than one year. Councilman Ledbetter said it's because it's been running on a two-year contract. Councilman Spencer stated his concern that they couldn't compare rates of one auditing firm to another and suggested choosing one firm as first choice subject to discussing costs with that firm. Councilman Asting said the advantage of having Brent, Millikan is that they're local in New Smyrna Beach and he feels they are adept at municipal auditing. Councilman Ledbetter expressed his concern with a firm that sells the computer, furnishes the software, and audits the books. Mayor McKillop asked if it is standard to accept auditors on a one-year basis and review them at the end of that year. Mr. Brent Millikan stated the City has gone with two years but they're agreeable to any period of time. He said any auditing firm can give rates as soon as they're engaged and if they're not satisfactory rates, then they can be dismissed by Council. Mayor McKillop asked Council if there would be a problem with taking them for one year and then evaluating them. Councilman Ledbetter withdrew his motion. Councilman Asting withdrew his second. Councilman Ledbetter moved to retain Brent Millikan for a period of one year. Councilman Asting seconded the motion. City Attorney Alvarez asked for effective dates so he can prepare a resolution. The City Clerk said it would be to prepare the 1982-83 audit, and would be effective immediately. Councilman Ledbetter suggested having the resolution at the Thursday meeting. Motion CARRIED 5-0. -6- Regular Council Meeting Minutes Apri 1 4, 1 983 . . ~ v Mayor McKillop suggested moving up item 9.A. on the Interlocal Agreement for the 911 system. Councilwoman Bennington motioned to move this item up on the agenda. Council- man Spencer seconded.Motion CARRIED 5-0. NEW BUSINESS Interlocal Agreement re: County-Wide 911 Emergency Network - Mr. Joe Nasser, Director of Civil Defense and Communications for Vol usia County, spoke to Council regarding the 911 emergency telephone number system, and explained how the computer will function. Councilman Asting asked the cost to the City. Mr. Nasser said the County is paying for the installation which is initially $533,000. The County is also funding the recurring expenses of the system which are monthly costs that Southern Bell charges for the actual on-line operation and the annual recurring expenses is in excess of $314,000. They're looking at alternatives to fund the system and are hoping to pay the $533,000. with Federal Revenue Sharing money. They are proposing the imposing of a surcharge on the subscriber's monthly telephone bill \~hich would amount to $.13 or $.14 a month per subscriber. The only expense requested of the cities installing the system is to make those modifications necessary within the answering center to accommodate the switching gear and the operating equipment of 911. The cost would be about $220. for Edgewater. Councilman Spencer asked the status of the implementation and Mr. Nasser said the target date is October, 1983. Councilman Ledbetter moved to accept the Inter- local Agreement. Councilman Spencer seconded. Motion CARRIED 5-0. UNFINISHED BUSINESS Board of Adjustment re: Brown's Appeal - Councilwoman Bennington declared a conflict and said she would abstain from any voting. Mayor McKillop asked the City Attorney if she could abstain from voting and he said she could. Mayor McKillop asked if this was done with relevancy to the City Charter or general State law. Councilwoman Bennington said it is State law. There was a discussion as to whether a Council member could abstain from voting. The Board of Adjustments had provided a record for this case. Mayor McKillop did not feel any additional action was needed. City Attorney Alvarez read from the State Statutes that said they cannot abstain from voting except when with respect to such member there is or appears to be a conflict of interest and in such cases said member shall comply with the disclosure requirements. He then read from the Ethics Commission on abstaining. Councilman Asting noted for the record that it was an excellent job and well prepared statement of the Board of Adjustments. Planning Commission re: Request to'Rescind F. Opal's Appointment - Councilman Asting moved to retain Frank Opal on the Planning Board. Councilman Ledbetter seconded. Councilwoman Bennington asked if it has to be taken off the table first as it was tabled for full Council. Councilman Asting withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Asting moved to remove the matter from the table. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Asting moved to retain Frank Opal on the Planning Board. Councilman Ledbetter seconded. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Res. 83-R-29 Approving & Confirming Findings of Equalizing Board - Councilman Spencer moved to remove Res. 83-R-29 from the table. Councilman Asting seconded. Motion CARRIED 5-0. The City Attorney read this Resolution. A RESOLUTION OF THE COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING AND CONFIRMING A FRONT FOOT ASSESSMENT ROLL PURSUANT TO A PUBLIC HEARING HELD ON MARCH 14, 1983, WHEREIN THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MET AS AN EQUALIZING BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO GIVE AN OPPORTUNITY TO THE OWNERS OF THE PROPERTY TO BE ASSESSED, OR ANY OTHER PERSON INTERESTED THEREIN, TO APPEAR BEFORE COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS AS TO THE COSTS THEREOF; THE MANNER OF PAYMENT THEREFOR; AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST SUCH PROPERTY SO IMPROVED; REPEALING ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved to adopt this Resolution. Councilwoman Bennington stated she wasn't present for the public hearing and asked if she could second this. It was agreed she could and she seconded the motion. Mayor McKillop stated for the record that State Law was followed in this instance, that they went back and rebuilt the assessment rolls pursuant to the fact that the former assessment roll was not collectible and this was done in accordance with State Law for improvements made. The City Attorney said the State Law was always followed and the problem was with logistics and mathematical errors. Motion CARRIED 3-2. Councilman Ledbetter and Asting voted NO. -7- Regular Council Meeting Minutes April 4, 1983 \ ~ , . v y "c/ Alex Cheplo re: Request to Purchase Land, Umbrella Parallel to 18th - Councilman Spencer moved to remove this from the table. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Spencer moved to have the property appraised and get a minimum price for the lot and then advertise for an auction. The City Clerk asked if the cost for the appraisal should be added to this and Councilman Spencer said yes. Councilman Asting seconded. Councilman Ledbetter felt we should give more consideration to this. City Attorney Alvarez suggested the City Clerk research the process since it was not addressed in the Code or Charter for sale of public lands but the State does have a procedure. Councilman Ledbetter asked if consideration had been given to using it for a City park. Motion DID NOT CARRY 2-3. Councilmen Spencer and Asting voted YES. Briley, Wild Request to Change Subdivision Ordinance - The City Clerk suggested this be sent to the Planning Commission since it was a change to our subdivision ordinance. Councilman Ledbetter moved to send it to the Zoning and Planning Boards for their consideration. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded. Meeting was adjourned at 12 Midnight. Minutes submitted by: Lura Sue Koser 4iiT~~ if=- ]UJj ~ ATTEST: /;A~7 )C ,~c CITY CLERK ?7<- Approved thi s / Y day of , 1 983. -8- Regular Council Meeting Minutes April 4, 1 983 -- NAM OF AGENCY SPECIFY --\ .. -- --\ I 1 I I I I I t '---~-------~=ORM 4 f\tvf.r.ORANDUM OF-.VOTyG-CO.NFLICi----- t LAST NAME _ FIRST NAME _ MIDDLE NAME -. -- __n --- - ------ .- - - DATE ON WIIIC-I!VOTE OCCVRR-EO---- AGENCY is unit of. MAILINg-~D~t~~S o ST A TE 4-'83 NAM dF PERSON RECORDING MINUTES 121 Vir inia St. CITY DCOUNTY zi TITLE OF PERSON RECORDING MINUTES ZIP COUNTY 320 IXJMUNICIPALITY DOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required b:}' Flon"da 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: Harold Brown Apt. Complex was presented to Council from the Board of Adjustments. Complex was drawn by Smyrna Drafting. No action was taken by City Council. 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: t contract work for Smyrna Drafting 3. Person or principal to whom the special gain described above will inure: a.D Yourself b.~ Principal by whom you are retained: Earl \4a 11 ace (NAME) ..... DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: ;?~ 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