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11-21-1983 - Regular . . ~ u ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 21, 1983 MINUTES Mayor David Ledbetter called the meeting to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Present Councilman Melbourne Wargo Present Councilwoman Gigi Bennington Present Councilman Neil Asting Excused There was a silent invocation and the salute Mayor Ledbetter recessed the regular meeting Federal Revenue Sharing Budget. City Clerk and expendtitures. Councilman Jack Spencer City Attorney JoselAlvarez City Clerk Connie Kinsey Police Chief Earl Baugh to the flag. to go into the Public Hearing for the Kinsey read the estimated amounts of revenue Present Present Present Present Mr. Frank Opal, Florida Shores, said they should spend the unappropriated funds for a good amplifier system for the Community Center. Mrs. Frances Olds, 122 E. Marion, President of EVER, asked if Council would reconsider their request for walkie-talkies. She showed Council one of the units and said it's an 8-channel capacity and they can use it during civil defense emergencies. Councilman Spencer asked the amount that was requested and Mrs. Olds said it was $1,700. and the last one they purchased wasn't quite that high but prices change. Mr. Walter Gross, 909 Lake Avenue, said the pager or walkie-talkie for Rescue is needed. He said they make about 500 calls a year and the City will be repaid many times over for spending the $1,700. He asked that Council reconsider the request. Councilman Spencer said that he felt it appropriate that Council reconsider these two items. Mayor Ledbetter said he hadn1t ruled out the possibility of either one and they can always go back and reappropriate portions of that amount. Councilwoman Bennington moved to close the Public Hearing. Councilman Spencer seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Regular Meeting of November 7, 1983 - Councilwoman Bennington moved to approve the minutes of November 7. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Special Meeting of November 9, 1983 - minutes of the November 9th meeting. CARRIED 4-0. Councilman Spencer moved that Council approve the Councilwoman Bennington seconded the motion. Motion BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the bills and accounts as submitted. Councilwoman Bennington seconded the motion. Councilwoman Bennington questioned the bills for vehicle repairs since the City has a mechanic. City Clerk Kinsey said it's for the parts. Councilwoman Bennington questioned if that came out of another account and City Clerk Kinsey said it comes from vehicle repairs and maintenance. Councilwoman Bennington questioned the operating supplies bill for City Auto and City Clerk Kinsey said it's for oil filters and grease rags. Motion CARRIED 4-0. City Clerk Kinsey said she had two supplemental bills, one for $22.00 for the Planning Department and the girl forgot to get a purchase order and one for $36.80 payable to Dick Seitner for the Fire Department and they had a lack of communication bet\~een the officer who placed the order and the Fire Chief. Council\~oman Bennington moved to pay these. Councilman Wargo seconded the motion. Motion CARRIED 4-0. . u Q MISCELLANEOUS Mr. Robert H. Christy, 1916 Evergreen Drive, spoke on an appellate decision of the District Courts that pertained to the authority for imposing impact fees. He said that Council can impose impact fees which will help reduce or maintain the level of ad valorem taxes. He submitted a copy to Council and asked that it be put on the agenda at the next meeting. Mayor Ledbetter said they're in litigation now on this same situation so he can give it to the City Attorney but Council shouldn't make any comments. Mr. Ben Vasquez, property owner in Edgewater, asked for clarification on a legal notice for applying for a HUD grant. Mayor Ledbetter stated that was a County project that was handled by Mr. Reggie Williams through the Community Development Block Grant program. Mr. Vasquez asked what streets were being paved and what canal crossing was being done and City Clerk Kinsey said there's a list in City Hall and it's a three-year program. Mr. Vasquez asked if the streets are in the Florida Shores area and Mayor Ledbetter said they're in the old part of town and it's for re-surfacing, not paving. Mr. Vasquez asked if these people were going to have to pay to have their streets re-paved and Mayor Ledbetter said not that as he understands it and the streets that were re-surfaced last year were not assessed either. Mr. Vasquez asked about the assessments for the paving in Florida Shores and Mayor Ledbetter said the road paving is a complete paving project with assessments and the Block Grant project is something entirely different. Mr. Vasquez said he understands there's a request to vacate a street off Sanchez and asked if something was being done about lOth Street South to Needle. Mr. Dana Armstrong, Cheetah Drive, said the Planning Commission had a project with pre- liminaryapproval for an apartment complex on Lot 22, Shepherd-Sanchez. He said the plat was presented to the Board proposing to use Canal Road as an entrance and the property lacks 54 feet coming to Canal Road. He noted that they have one of the most important drains in Edgewater and it's the main canal between US 1 and the railroad tracks. He said the man had talked to him before and he'd told him no on the road right of way unless he puts it on the South corner of his property because that's the only place the property comes to the canal. He suggested the man come to the Council before he leads the Planning Commission to the legal courts. Mayor Ledbetter asked if the man has frontage on US 1 and Mr. Armstrong said yes. Mr. Armstrong said he could put in a road to US 1 like Shangri-La and Pelican Cove. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilwoman Bennington said at the last meeting she volunteered to be on the Task Force for the Chemical People and they had an organizational meeting. She asked if Council would look at a petition to raise the drinkin~ age to 21 and if Council had no objection, she'd like to put it on the counter at City Hall and then send them in when a few are accumulated. Mayor Ledbetter said he has no objections and Council- man Spencer agreed. Councilman Wargo said he doesn't approve. Councilwoman Bennington moved that they authorize the petition for raising the drinking age to be put out at City Hall. Councilman Spencer said all they're doing is making it available if someone wants to sign it and he seconded the motion. Councilman Wargo said if a man is old enough to fight for his country at 18, he's old enough to determine what he wants to drink and to make up his own mind. Motion CARRIED 3-1. Councilman Wargo voted NO. City Attorney Reports - City Attorney Alvarez said he received copies of a petition for writ of certiorari filed by Harold Brown for the special exception requested of the Board of Adjustments. He said the judge will review the records and determine due process and if the decision was based on reasonableness and substantial evidence. He said they have to prepare a response to the petition and he wanted in writing any input that any neighborhood group wants to put together. He said he realized that it was debated by the Board of Adjustment and he needed Council authorization to prepare his response. Councilman Spencer moved to instruct the City Attorney to defend the case. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Clerk Reports - City Clerk Kinsey said at the joint meeting with the Industrial Development Board, that Board requested that the Attorney review the problem of FEC closing the crossings at Dale Street and John Street and asked if the Attorney should pursue this. Mayor Ledbetter questioned if this was a dedicated street and City Clerk Kinsey said not to her knowledge. Mayor Ledbetter asked Mr. Armstrong if that's in the City limits or an undedicated street. -2- Regular Council Meeting Minutes November 21, 1983 , . Q o City Clerk Reports (cont1d) - Mr. Armstrong said there are one to three paper streets that were laid over in the Wildwood Subdivision prior to the adoption of the plat for Wildwood. He said the City automatically vacated those paper streets when they vacated the old subdivision to adopt the new subdivision. He said any illegal railroad crossings belong to someone else and are someone else's responsibility. Councilwoman Bennington said Dale Street came up earlier and asked what the Industrial Board wanted them to do. City Clerk Kinsey said they want them to research it to get it opened for people in the back to get out. Councilwoman Bennington said the City Clerk should do some research and determine if they are dedicated streets. City Clerk Kinsey said they aren't platted streets but she questioned if they have any rights to it in adverse possession. Mayor Ledbetter said the only one he ever knew who used it was Halifax Truss. Councilman Wargo said for the sake of safety the Fire Department should be able to get back to it. Councilwoman Bennington asked if there was any access and Councilman Wargo said no. Mayor Ledbetter asked Mr. David McCallister to come forward. Mr. David McCallister said he is aware of Park Avenue West and he believes there is no dedicated street on the north side to the railroad tracks and the one to Halifax Truss is private, and that was a deal between Massey and the Truss Company. Mayor Ledbetter noted that Massey offered 10 acres for 99 years providing the City could infringe upon the railroad to give them a right of way to extend Mango Tree North of Park Avenue and the Council rejected it. Councilman Spencer said he was concerned about access for fire fighting if it's necessary and perhaps it would be worthwhile to investigate with FEC to see what kind of arrange- ments could be made to get the fire equipment into that area. He asked the City Clerk to contact FEC to permit the Fire Department to have an access to that area, and said she could review the prior information on Dale Street with the City Attorney and report back to Council to advise what action Council could take. Council members did not object to this suggestion by Councilman Spencer. City Clerk Kinsey said they discussed a committee to review a video game proposed ordinance and she has five volunteers and they'll meet after Thanksgiving and within 60 days will come back to Council. Councilwoman Bennington asked the names of the volunteers and City Clerk Kinsey said they are Dorothy Daily of the Edgewater PTA, Reverend Harvey Hardin, Gail Galletta who is a Junior High School student, Ann Thomas of the Parks and Recreation Board, and Don Snell of the Fire Department. Planning Commission - Pelican Cove West Subdivision - City Clerk Kinsey noted that they received a letter from Mr. Frank Opal, Vice Chairman of the Planning Commission, after the prior agenda closed. She read the November 3rd memo. Mayor Ledbetter asked if this had been taken care of. City Clerk Kinsey said Lorin Coppock has been given a copy of all this. Councilman Spencer asked the City Clerk to read a letter they had received addressed to Mr. J. C. Carder from Lorin Coppock. She read the letter that requested construction not be commenced on the three permits that were issued September 13th as they didn't seem to conform to the original site plans, and requested that Mr. Carder get in touch with the Planning Commission secretary to discuss the matter at their November 16th meeting. Mr. Don Bennington, Planning Commission Chairman, said that they received no reply to this correspondence. Mr. Robert H. Christy, 1916 Evergreen Drive, showed Council a print of Block D and E and said this was the plot submitted to the Planning Commission. Mayor Ledbetter asked the Planning Chairman if this was the plot and Mr. Bennington said if it's the one on file in the Planning Office. Mr. Christy said the whole plot and subdivisio~ is illegal because of annexation as they created an enclave. Mayor Ledbetter said there already was an enclave there and they annexed all but a portion that they kept for County property. Mr. Christy said if there was one enclave they have to annex it all so there won't be a second enclave. He read a 1980 letter from Dan Cory and asked that Council declare the property illegal. Mayor Ledbetter said if he wants it declared illegal, have a judge do this. Mr. Christy said this should be part of the investigation of the State's Attorney. Mayor Ledbetter said this is a matter for someone else, and not for Council. Mr. Christy said that Ed Hall is putting single family dwellings in there and they are supposed to be duplexes. Mayor Ledbetter said that's what you go to the Planning and Zoning Boards for. City Attorney Alvarez said if there were deviations from the original plan as it was approved then he could take the necessary action but first they need to have a meeting with the Planning Commission and the Building Official, and Mr. Christy could be there, and Mr. Coppock could look at the property. He said they need to establish if there is a violation. -3- Regular Council Meeting Minutes November 21, 1983 o o Planning Commission re: Pelican Cove West Subdivision (cont'd)- Councilman Spencer said based on the limited information the Council has reason to be concerned that the original site plan may have been violated and he moved that Council request the Planning Commission to meet with the Building Official and the City Attorney and determine if there is a violation of the site plan, and if so, that Belmont Homes be so informed and be requested to submit a revised site plan, which our ordinances require. Councilwoman Bennington seconded the motion, and asked if Mr. Carder should be notified to be present when the Planning Commission meets. City Attorney Alvarez said he didn't see why not, and the Building Official could determine on the field if he's the Code Enforcement Officer. Councilman Wargo said he didn't see why there were so many problems if there's a code enforcement officer and they use a building for something it wasn't intended for. He said the Building Official is getting a lot of money to do the job and he should do it. Motion CARRIED 4-0. Mayor Ledbetter asked the Chairman of the Planning Commission to notify the Council when the meeting is called. Planning Commission - Park Plaza request for Occupational License for Beer/Wine Bar - City Attorney Alvarez said he received a telephone call that afternoon from the Attorney representing these individuals and they requested that he meet with them to complete some of the items left from the meeting of the Planning Commission, such as the possibility of a parking agreement, hours of use, the condominum documentation, and liabilities. Councilwoman Bennington moved to TABLE the Park Avenue request. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Zoning Commission re: Porter's Request to Re-zone from MH-l to MH-2 - City Clerk Kinsey read the November 16th letter from the Zoning Commission which recommended that the application for re-zoning from MH-l to MH-2 be denied because it doesn't meet the Code. The Zoning Commission recommended it be re-zoned to 1-1 as its surrounded by two sides by Industrial and there'a limited amount of industrial land in the City. Mr. Bill Porter said there's some confusion as to the location of the property as the surrounding property is zoned MH and the South is zoned by the County. He said if it isn't zoned MH they'll have land adjacent to mobile homes. He said held prefer it to be MH-2 but if Council feels that's impossible, he'll take industrial zoning. Councilman Wargo said he'd driven by there and there are 5 or 6 mobile homes there and he sees nothing wrong with his request and it would act as a buffer between the industrial land and the community on Carol Ann Drive. Councilwoman Bennington said she didn't feel this is an ideal place for 1-1 even though they need industrial zoning in the City. Mayor Ledbetter said he has no objection but they'll be setting a precedent because it doesn't meet the criteria. Councilwoman Bennington noted that it doesn't meet it now either. Councilman Wargo said everyone has a small piece of land and nobody has enough to do what is required there. Councilwoman Bennington said the Planning Commission had reviewed it for MH-2 and said it meets the Comprehensive Plan but they hadn't looked at it for the 1- 1 to see if it would comply, and they'd have to determine the compliance. Mr. David McCallister said he believes when they tried to re-zone they did it broadly and now they have to touch it up and he didn't feel it was an unreasonable request. Mayor Ledbetter said this has to go along with the 880 plan. Mr. McCallister said the Council should consider allowing him to have mobile homes. Mayor Ledbetter said he was concerned that it doesn't comply with the 5 acres and they could be setting a precedent. Mr. Don Bennington, Chairman of the Planning Commission, said all those pieces are too small for 880 and he said MH-2 doesn't comply but MH-l doesn't comply now. He said adjacent zoning is mobile home for the County and any land can be re-zoned if it complies. He said he didn't think it would conform to Industrial zoning. Councilman Spencer noted that if Council re-zones, Mr. Porter must understand that he would operate like a MH-2 subdivision and prepare a site plan and the utilities for that area in accordance with City standards. He said therels no water or sewer there at this time. Mr. Porter said if it's available, he'll hook it up. Councilwoman Bennington stated that held have to go for a variance to the Board of Adjustments. Mr. Porter said that he understands that water is avilable, but not sewer there, but this is one of the highest areas and until something is available, he's going to use septic tanks and will place them so they can hook up to the City when sewer is available. Councilman Spencer asked the City Attorney if they can re-zone it that night. City Attorney Alvarez said they could re-zone it and have the public hearings and advertisements. -4- Regular Council Meeting Minutes November 21,1983 ~ Q Q Zoning Commission re: Porter's Request to Re-zone from MH-l to MH-2 (continued)- Councilman Spencer noted that it doesn't comply with the 10-acre requirement for MH-2. City Attorney Alvarez stated that it's MH-l now and the Planning Commission has reco- mmended it be changed to MH-2 and the Zoning Commission has said no, and he quoted from Section 716.00 which stated that an affirmative vote of not less than four members is required to overturn a recommendation from the Zoning Commission. Councilman Spencer said to re-zone they need to hold a public hearing and he moved that Council express its intent to re-zone this property from MH-l to MH-2 and hold a public hearing. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Citizen Code Enforcement Board Request to Amend Ordinance - City Clerk Kinsey read the November 2nd letter from the Chairman of the Board which recommended an amended ordinance for that Board. There was a proposed ordinance attached to the letter. Councilman Wargo moved that Council turn this over to the City Attorney to review. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Industrial Development Board Vacancy - City Clerk Kinsey read the November 11th memo from the Board Secretary which advised that there is a vacancy on the board to replace Ms. Kathryn Lee. Councilwoman Bennington moved to declare the appointment of Kathryn Lee to the Board to be vacant. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Wargo moved for a short recess. Councilman Spencer seconded the motion. There was a recess at 8:47 PM and meeting returned to order at 8:55 PM. ORDINANCES AND RESOLUTIONS Ord. 83-0-20 Amend Ord. 79-0-26, Public Sites & Open Spaces - City Attorney Alvarez said there was a need to clarify a statement in the newspaper regarding this ordinance in reference to when the work on this ordinance change was first begun and when a suit was filed. He said the work on the ordinance was begun in May and the suit wasn't filed until in August. City Attorney Alvarez read this Ordinance. ORDINANCE NO. 83-0-20. AN ORDINANCE AMENDING ARTICLE IX, PARAGRAPH II, PUBLIC SITES AND OPEN SPACES OF ORDINANCE NO. 79-0-26 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; BY PROVIDING A STANDARD AND A FORMULA FOR THE CONVEYANCE OF LAND FOR PARKS AND OPEN SPACE; AN IN LIEU OF FEE FORMULA; USE OF PROCEEDS; ESTABLISHMENT OF A TRUST FUND; CRITERIA FOR CONVEYANCES OF LAND OR FEES, OR BOTH, AND ESTABLISHING PROCEDURES FOR SAME; PROVIDING FOR ADVERTISEMENT FOR THIS ORDIN- ANCE AS REQUIRED BY LAW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Ordinance 83-0-20. Councilman Spencer seconded the motion. Councilman Spencer noted that this is a very sig- nificant ordinance and there was a lot of hard work done by the Planning Commission and Parks and Recreation and it will enable the City to improve its parks and recreation system in years to come. Motion CARRIED 4-0. Ord. 83-0-21 Federal Revenue Sharing Budget Appropriations - City Attorney Alvarez read this Ordinance. AN ORDINANCE APPROPRIATING $87,000. FOR FEDERAL REVENUE SHARING ENTITLEMENT PERIOD 15 AND RE-APPROPRIATING $21,269.39 OF FEDERAL REVENUE SHARING FUNDS FOR THE FISCAL YEAR 1983-1984 IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that the City Council adopt Ordinance 83-0-21. Councilwoman Bennington seconded the motion for discussion, and questioned why the balance of $17,107. of unappropriated funds was not listed. Mrs. Karen Rickelman of the Finance Department said they don't appropriate fund balances from other years and they have two years from receipt to appropriate. Council- woman Bennington said even though they aren't using it now she felt it should be shown as an unappropriated balance and asked if later they'll have to hold another public hearing .for this. City Clerk Kinsey said they hold public hearings on any unappropriated money. There was a discussion as to what amounts could be used without a public hearing and Councilwoman Bennington asked that this be amended to add the unappropriated revenue sharing in the amount of $17,107. to bring the total of revenue sharing to $125,376. Councilman Wargo seconded the amendment. Amended motion CARRIED 4-0. Original motion CARRIED 4-0. Ord. 83-0-22 Incorporating Merit Pay Plan into City Code - City Attorney Alvarez read this Ordinance. AN ORDINANCE INCORPORATING A MERIT PAY PLAN CONSISTING OF FOUR (4) PARTS INTO THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved to adopt this Ordinance. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -5- Regular Council Meeting Minutes November 21, 1983 AOO o o .. ORDINANCES AND RESOLUTIONS (continued) Res. 83-R-74 Accepting Completed Paving Project & Assessments - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 170 OF FLORIDA STATUTES ACCEPTING THE FINAL ASSESSMENTS AND THE COM- PLETED IMPROVEMENTS FOR PINE TREE DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH TO THE INTERSECTION OF INDIAN RIVER BOULEVARD AND FROM ITS INTERSECTION WITH 21ST STREET SOUTH TO 30TH STREET; AND TRAVELERS PALM DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH CONTINUINGTO.ITS INTERSECTION WITH 30TH STREET: AND VISTA PALM DRIVE FROM ITS INTERSECTION WITH 22ND STREET SOUTH AND CONTINUING TO ITS INTERSECTION WITH 30TH STREET; PROVIDING FOR PAYMENT OF SAID ASSESSMENTS WITHOUT INTEREST WITHIN 30 DAYS; PROVIDING FOR AN INTEREST RATE OF 7t% (ANNUAL PERCENTAGE RATE); REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 83-R-74. Councilman Wargo seconded the motion. Councilwoman Bennington questioned the effective date and when the 30 days would be. City Clerk Kinsey said the effective date would be November 21st and Mrs. Rickelman said the 30 days would be from the first billing date of December 5th. Councilwoman Bennington asked if the year would be from the billing date and Mrs. Rickelman said the first billing would be December 5th and they have 30 days to pay the principle in full or make the payment plus interest and in 30 days they'll get another bill. City Clerk Kinsey said the year would run from December 5th to December 5th,of next year. Mayor Ledbetter noted that the front foot amount had changed and they had formerly talked about five years to pay and now it's just one year. Mr. Robert H. Christy, 1916 Evergreen Drive, called a point of order. He asked where the money came from to pay for the paving and said it was taken out of CD's by Mr. Mitchell. Councilman Wargo asked that the meeting proceed at this point. Mr. Christy continued with reading from the State Statutes and said there was no resolution saying they could spend the money so it was illegal. Mr. Ben Vasquez said years ago there was an assessment made and the people were advised by a prior City Attorney that they didn't have to pay the assessments so it was written off the books. He said only specially benefitted property assessments are legal and everyone can drive on the paved roads so they're being discriminated against. He suggested the people approve a general bond issue for road paving and said the people didn't understand it when it was presented before and it's illegal. City Attorney Alvarez said they'd held four public hearings and met as an equalizing board and he didn't see anything illegal in this procedure. Motion to adopt Resolution 83-R-74 CARRIED 3-1. Mayor Ledbetter voted NO. Res. 83-R-75 Appointment of Part-Time City Engineer - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHOR- IZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREE- MENT FOR PROFESSIONAL SERVICES WITH FRANK E. MARSHALL, TO PERFORM THE SERVICES OF A PART-TIME CITY ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved that the Resolution be adopted. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Res. 83-R-76 Appointment of Recreational Director/Building & Maintenance Superintendent - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING DAVID GARRETT AS THE RECREATIONAL DIRECTOR/BUILDING AND MAINTENANCE SUPERINTENDENT OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING TERMS AND CONDITIONS OF EMPLOYMENT, REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez noted that Section 2 has the term of office. City Clerk Kinsey said the first day of work is scheduled to be November 28th so the term would run to February 28th until the end of probation. Councilwoman Bennington moved to adopt Resolution 83-R-76. Council- man Wargo seconded the motion. Motion CARRIED 4-0. Res. 83-R-77 Adding Two Positions to the Police Department - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 39 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE NUMBER OF POLICE OFFICERS IN THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA BY ADDING TWO ADDITIONAL POSITIONS; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved to adopt Resolution 83-R-77. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. -6- Regular Council Meeting Minutes November 21, 1983 ..' ..... o o ORDINANCES AND RESOLUTIONS (continued) Res. 83-R-78 E-911 Dispatch Agreement with City of Oak Hill - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT TO PROVIDE 911 EMERGENCY AND REGULAR DISPATCH SYSTEM TO THE CITY OF OAK HILL, SUBJECT TO APPROVAL BY THE CITY OF EDGEWATER'S LIABILITY CARRIERS; REPEALING ALL RESO- LUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer noted that the insurance liability was a concern and the City Clerk had received a verbal statement from the carrier that they will cover this for the sum of $300. and he moved that Council adopt Resolution 83-R-78. Councilwoman Bennington seconded for discussion. Councilwoman Bennington noted that the City of Oak Hill is paying $4,500. for a portion of a telecommunicator's salary and she felt they should pay the $300. for the additional insurance coverage. Mayor Ledbetter noted that the City of Edgewater is agreeing to answer the telephone but they will not provide police protection for them, they'll just be dispatching the calls. Motion CARRIED 3-1. Councilman Wargo voted NO. Councilwoman Bennington asked the City Clerk to request Oak Hill to pay for the $300. for the additional insurance. Res. 83-R-79 Appointment to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING CITY OF EDGEWATER EMPLOYEE CARL MESSER AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR HIS DUTIES, RIGHTS AND RESPONSI- BILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer asked how this appointment was made and City Clerk Kinsey said it was by ballot of other employees. Councilman Spencer moved that City Council adopt Resolution 83-R-79. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS John Gross re: Riverside Drive - City Clerk Kinsey read the November 16th letter from Mr. John Gross requesting the City to vacate and abandon the roadway known as the Strand. Councilman Wargo moved that it be turned over to the Attorney for processing and come back to Council. Councilwoman Bennington seconded the motion. Councilman Spencer said before the City vacates the property they should have the Parks and Recreation Board consider this for any possible use and the City Attorney should advise Council before an agreement is finalized. so they can act on it. Mr. John Gross said this was a dedicated roadway and the property is not what is used for a park. Motion CARRIED 4-0. NEW BUSINESS Opening of Bids for Library Roof - City Clerk Kinsey read the certification of bids from one identified bidder. She opened the bid and it was from Barkley Roofing in New Smyrna Beach for $1,150,000. She said the amount was not clear and asked the City Attorney to review it. Councilman Wargo moved to reject the bid. City Clerk Kinsey said this is of an emergency nature due to the water damage already. City Attorney Alvarez interpreted the bid to be $1,150.00. Councilwoman Bennington moved to accept the bid and clarify that it's $1,150.00 Councilman Spencer noted that it seems to be for just part of the roof. Councilwoman Bennington withdrew her motion. City Attorney Alvarez said they can negotiate a contract and come back since it's an emergency. Councilman Spencer suggested the gentleman clarify his bid and if he can do the entire project, the Council could meet again to let a contract and if the gentleman can't do the entire job, they could contact other roofing companies. Mayor Ledbetter noted that additional rains would cause more book damage and floor covering damage. Councilwoman Bennington said they could authorize the City Clerk to contact the man and negotiate a contract. Councilman Spencer said the Council should declare by motion that there is an emergency so they can purchase under the emergency purchasing clause. City Attorney Alvarez said the emergency procedure will enable them to waive the bidding requirements and the Council can authorize the City Clerk to obtain a price for contractual services. Mrs. Mary Rice, Chairman of the Library Board, asked if the roof bid had a warranty and City Clerk Kinsey said it's just for five years. Councilman Wargo noted that most roof warranties are for 20 years. City Attorney Alvarez said if they follow the emergency purchasing procedure the selection will be by open marked procedure and they can contact available roofers to see who would do it for the less. Councilman Spencer moved that the City Council declare that an emergency exists and instruct the City Clerk to proceed to obtain a contractor to replace the entire roof. Councilman Wargo seconded the motion, and said he would go with the roofers to look at it. Motion CARRIED 4-0. Mayor Ledbetter asked about the one bid they now have and Councilman Wargo moved that they negotiate with him along with the rest of them. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. -7- Regular Council Meeting Minutes November 21, 1983 '\ ~ '\ , " . ~ - o o NEW BUSINESS (continued) Opening of Bids for Cleaning 18th Street Canal - City Clerk Kinsey said she had discussed this with Mosquito Control, representatives of Florida Shores, and with former Council members to find out who owns the property and it was resolved that Magnuson owns it and Mosquito Control has maintained it up to this date. She said Mr. Hunt of Mosquito Control had agreed to meet with Council to discuss the right of way and easements and the involve- ment of the City with Mosquito Control. She said Florida Shores agreed to deed the 18th Street Canal to the City. She noted that she'd received two bids for this project. Councilwoman Bennington asked if they could take bids on something that doesn't belong to the City. Mayor Ledbetter suggested they reject all bids since the City doesn't own it and Councilwoman Bennington made that motion. Mr. Albert Smith, one of the bidders, asked why it was advertised and wasted his time. He asked to be compensated for his time and labor involved, and asked that the bids be opened and read. Mr. David McCallister said he was the other bidder and if the City wasn't going to use the bids, he suggested they be put on the shelf or returned to them as he wanted his kept con- fidential. City Attorney A~varez said in the near future they may have to do it and at that time the bids could be re-activated, and he suggested they be held until the ownership is determined. Councilwoman Bennington withdrew her motion. City Attorney Alvarez said the bids should not be brought to Council tonight and not until the ownership is determined. City Clerk Kinsey asked Mr. McCallister if they could table this until ownership is deter- mined and Mr. McCallister said the other bidder would have the benefit of his time. Mr. Smith asked if the bid was advertised to be opened tonight and City Attorney Alvarez said the question of ownership is involved and he ruled that the bids be kept in a safe until the ownership of the canal is determined. City Clerk Kinsey noted that Mr. Hunt had given her six dates available for a meeting and she recommended December 6th at 1 :00 PM to meet the Mosquito Control representatives in a workshop for the canal maintenance. City Attorney Alvarez suggested they appoint a committee of two and proceed expeditiously, but City Clerk Kinsey said that Mr. Hunt would not be available before the 6th. Council members agreed to meet at a workshop on December 6th at 1:00 PM on the Mosquito Control canal. Councilman Spencer thanked the gentlemen for their bids. Opening of Bids to Purchase Police Car - City Clerk Kinsey advised that no bids were received for the police car and asked if Council wanted to re-advertise and extend the list out farther. Councilman Wargo moved to re-advertise and extend the ad farther. Councilman Spencer seconded the motion. Councilwoman Bennington asked if they contacted dealers or put ads in the newspapers and City Clerk Kinsey said they'd done both. Motion CARRIED 4-0. Opening of Bids for Salvage Vehicles - City Clerk Kinsey read the certification of bids. She then opened the bids and read the totals. The bid from Mr. David McCallister was for the dump truck only at $325.00. Park Avenue Salvage bid a total of $790.00. Airport Used Auto bid $905.00. North Brevard Salvage bid $1,290., with a question on the totals. Magnolia Motors bid $257.79 for the dump truck only. Cars Unlimited bid $964. Councilman Wargo moved to award the bid to North Brevard Salvage. Councilman Spencer seconded the motion. City Attorney Alvarez noted the bid is not signed so perhaps the Council should make a second choice. Councilman Spencer noted that the second highest bidder was Cars Unlimited and he amended the motion that Carls Unlimited be second choice. Councilman Wargo seconded the amendment. Amended motion CARRIED 4-0. Original motion CARRIED 4-0. Councilwoman Bennington moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 10:22 PM. Minutes submitted by: Lura Sue Koser ...., ATTEST: ~~ ~~ / CITY CLERK " ' ;/ Approved this /9uday of ~~ ~& A~?~~ MAYOR T ~ P' P ~ ,1983. -8- Regular Council Meeting Minutes November 21, 1983