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12-19-1983 - Regular . . .4) , (.) ... CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 19~ 1983 MINUTES Vice Mayor Gigi Bennington called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Excused Councilman Melbourne Wargo Present Vice Mayor Gigi Bennington Present Councilman Neil Asting Present There was a silent invocation and the Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh salute to the flag. Present Present Present Present PUBLIC HEARINGS - SECOND AND FINAL READINGS & ACTION Ord. 83-0-20 Amend Ord.79-0-26 Public Sites & Open Spaces - Vice Mayor Bennington opened the Public Hearing. City Attorney Alvarez read this Ordinance. ORD. 83-0-20 - AN ORDINANCE AMENDING ARTICLE IX~ PARAGRAPH 11 ~ 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. Councilman Spencer questioned if mobile homes were included and Vice Mayor Bennington noted that it1s on page 3. There were no comments from the audience. Councilman Spencer moved to close the Public Hearing,on Ordinance 83-0-20. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that the Council adopt Ordinance 83-0-20. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Ord. 83-0-21 Federal Revenue Sharing Budget Appropriations - Vice Mayor Bennington opened the Public Hearing. City Attorney Alvarez read this Ordinance. ORD. 83-0-21 - 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. City Attorney Alvarez noted that this Ordinance was amended at first reading to include in Section 1 an additional clarification of the unappropriated revenue funds of $17,107.00 Mr. John Siburn, Connecticut Avenue, asked if any of this money was to pave streets and Vice~~layor Bennington said several streets are scheduled by the Community Development Block Grant program. Councilman Spencer noted that there1s a limited amount of money to re-pave some of the streets and those streets haven't yet been determined. Mr. Robert H. Christy, 1916 Evergreen Drive, asked the total amount of revenue sharing and Vice Mayor Bennington advised it's $125,376.39.. .Mr. Christy asked why Rescue is getting abuse from Council as they asked for the walkie-talkies and they wouldn't have asked if they weren't needed. He noted that one saved life would pay for the equipment. He added that last year they gave some money back. Councilman Asting asked the cost of the walkie-talkies. Mrs. Frances Olds, President of EVER, was in the audience and she said it's approximately $1,700. Mrs. Olds came forward to the Council platform and showed Councilman Asting a similar walkie-talkie. Councilman Wargo said Council is looking at a building for EVER in the neighborhood of $18,000.to $25,000. He added that he didn't want to buy the base station because they have to remodel the EVER room for the Police Department and they aren't trying to ignore EVER but are trying to set priorities. Mr. Christy asked if any Council member had looked at the book on grants that he'd Jeft with the City Clerk. Vice Mayor Bennington noted that Council hadn't yet decided how to spend the $17,107. and Mr. Christy asked why they didn't decide that night. Vice Mayor Bennington said they have to go through public hearings and City Clerk Kinsey agreed that's right. Councilman Asting asked Mrs. Olds if the $1,700. was also a charger for the batteries and Mrs. Olds said it is and the batteries need charged every day. Vice Mayor Bennington stated that they can't do anything that night but they can take it under consideration. o ~ Mr. Walter Gross, 909 Lake Avenue, said he feels it's a shame that they're putting a price on a life and EVER's a life-saving organization. He added that a building doesn't save lives and if the pager is going to help he wouldn't consider debating it for one minute. Councilman Spencer said that Council doesn't need to be reminded of what Rescue does for the City and they'll consider it in the future in the unappropriated funds amounts. Councilman Spencer moved to close the Public Hearing on Ordinance 83-0-21. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Spencer then moved that Council adopt Ordinance 83-0-21. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Ord. 83-0-22 Incorporating Merit Pay Plan into City Code - Vice Mayor Bennington opened the Public Hearing on Ordinance 83-0-22. City Attorney Alvarez read this Ordinance. ORD. 83-0-22 - 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. Mr. Walter Gross, 909 Lake Avenue, spoke as a citizen rather than as a member of the Merit Board, and suggested they change this ordinance to be an evaluation of the department. rather than the individual with the raise in pay the same for all employees of that department, based on what was accomplished through the year. He said this would encourage the harder workers to see that the ones that slack off work harder and will make every- body work together for the incentive of the merit increase. Mr. John Gross, 404 North Riverside Drive, said he didn't agree with his brother's thinking and felt it would entice the others to lay back along with the slackers. He said the ones that are doing their jobs are the ones that would be dissatisfied when they see others not working. Mr. John Siburn, Connecticut Avenue, asked if the City is negotiating with the unions for pay and Vice Mayor Bennington said yes. Mr. Siburn said when the union has a contract they have to live up to the contract and they'll have some who will kowtow to the boss. Vice Mayor Bennington noted that they didn't have a merit pay plan previously and the raises were given indiscriminately, and the Charter states they're required to pay the employees on a merit system and they're updating that system. She added that they have to be qualified to get the merit increase and they have to earn it. Councilman Asting said he felt the merit pay plan would provide an incentive. Vice Mayor Bennington said this is a start and it's not 100% right but they'll try to improve it as they go along. Councilman Spencer said he felt it's a good plan and there was a lot of work involved in it. He added that the felt it was in the City employee's best interest. Councilman Spencer moved to close the Public Hearing. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that Council adopt Ordinance 83-0-22. Councilman Asting seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Regular Meeting of November 21, 1983 - Councilman Spencer moved that the minutes of the regular meeting of November 21st be accepted by the Council. Councilman Wargo seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO due to absence. Regular Meeting of December 5, 1983 - Councilman Asting moved to adopt the minutes of December 5th. Councilman Wargo seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Wargo noted that every time they get the bills they have a lot of auto repairs and he felt they should have the City's auto mechanic review any repairs before they're made. City Clerk Kinsey agreed that any outside repairs should only come from the department head at the City barn. Vice Mayor Bennington asked who buys the parts when they have vehicle repairs and City Clerk Kinsey said the mechanic buys them and then it's charged back to the department that needed the repairs. Councilman Asting moved to pay the bills and accounts. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -2- Regular Council Meeting Minutes December 19, 1983 o ~ BILLS AND ACCOUNTS (continued) City Clerk Kinsey said she had a supplemental bill for Sunstate Meter for a purchase amounting to $1,143.28 with a letter of explanation from the department head. She noted that the letter stated that one of the employees ordered 24 and priced 24 and proceeded to write 30 on the form and they've received the 30. Vice Mayor Bennington noted that they had problems with that department before, plus the Police. City Clerk Kinsey stated that they do use a lot of these meters in the construction. Councilman Spencer said he felt it was a legitimate bill th&the City incurred and he felt this was done inadvertently and moved that the Council authorize payment of the bill. Councilman Asting seconded the motion. Councilman Asting added that he wants a letter sent to the Utilities Superintendnet advising that it's his responsibility to check the purchase orders coming out of his department for correctness. Vice Mayor Bennington agreed that's a good idea. Motion CARRIED 4-0. City Clerk Kinsey said the Council had received copies of the Building Department's request for $4,138.83 for permits for Lorin Coppock and she called their attention to the second page which listed the shopping center at 2103 South Ridgewood. Vice Mayor Bennington asked if permits had been issued, and City Clerk Kinsy said for all but the shopping center and that is waiting for an acknowledgment from the parties involved on the water and sewer. Councilman Spencer asked if that amount includes a portion of the Belmont Shopping Center and City Clerk Kinsey said it's 50% of it. Councilman Asting noted that there would be a balance due of $2,938.83 if you deduct 50% for the shopping center permit. Councilman Wargo asked what constitutes payment on a permit and City Clerk Kinsey said it's when the building permit is picked up and the money has changed hands in City Hall. Councilman Wargo asked if that had happened on this particular one and City Clerk Kinsey said it has not. Mr. Lorin Coppock, former Building Official, came forward and said the permit was ready but under orders of the City Clerk it couldn't be picked up, and the City owes him that money. Vice Mayor Bennington said when Mr. Murphy retired any building permits he issued and was paid for had to be followed up by him and asked Mr. Coppock if he planned do this. Mr. Coppock stated he did all of Ray Bradshaw's inspections that he got paid for and Vice Mayor Bennington reminded him that Mr. Bradhsaw was a City employee and not under contract. Mr. Coppock said he got nothing from the City for inspecting his permits but he would come back to do the inspections. Councilman Spencer asked if they'd received payment for the fees on all those on list as he understood the plans for the water and sewer hadn't been submitted to the City. Mr. Coppock said that was clarified two or three days ago and it should have been issued then. City Clerk Kinsey noted that they couldn't pick it up that morning because they don't have the acknowledgment on the water and sewer problem. Mr. Coppock noted that he was told by Terry Wadsworth that there was no problem and the permit should have gone out, and he felt that under his contract he should be paid for that permit. Vice Mayor Bennington asked him how long he'd worked for the City doing inspections for Ray Bradshaw before he got any money. Mr. Coppock said it was about a month and he'd invested $1,200. or $1,400. before he got payment. Councilman Wargo said he talked to Mr. Carder on Friday and they're still not settled on the disposition on the water and sewer, and he moved that they pay him the $2,917.58 which is less the $1,221.25 for the shopping center. Councilman Spencer seconded the motion for discussion. Councilman Spencer said he felt the City has treated Mr. Coppock quite fairly and he wanted to continue living up to contracts but it appeared that this shouldn't be paid and asked the City Attorney if he'd looked at the contract to see if the City has an obligation to pay the amount. City Attorney Alvarez said he hadn't done so but would if Council instructed him to do so and from his recollection of the agreement it's when the permit is actually issued or delivered. He said it appears to be a question of fucts and not law and the question is whether the permit was ready. Mr. Coppock said there were a lot of permits and he was told that he wouldn't collect on that and he'd done his work and his secretary had done her work and he was told not to issue the permits. Councilman Spencer asked to amend the motion that the City pay Lorin Coppock the amount indicated immediately and withhold the $1,221.25 pending a review by the City Attorney as to the City's obligation. Councilman Asting seconded the amendment. Amended motion CARRIED 4-0. Original motion CARRIED 4-0. Vice Mayor Bennington asked the City Attorney to check this as soon as possible. -3- Regular Council Meeting Minutes December 19, 1983 . , o o MISCELLANEOUS Mr. Walter Gross, 909 Lake Avenue, thanked the Council members for the choral singing and tree lighting and said he felt there should be more of that. He noted that New Smyrna Beach is going to use the 2~ tax money to widen the road there and asked if Edgewater is getting any of that money. City Clerk Kinsey said they'd received a notice on the approximate amount they'd receive. Councilman Spencer noted that he's a representative on a committee of the MPO and they review the DOT plans and the four-laning of New Smyrna Beach isn't associated with the gas tax. He added that Edgewater has campaigned for a bridge across to the beachside and it's not in the State DOT plans yet. Mr. Gross questioned if our City is putting forth enough effort to get some of this money for the 2~ tax. Vice Mayor Bennington noted that they're already getting that money. Councilman Asting stated that the County gets 1~ and the other 1~ is divided between the cities. Mr. Gross asked if Edgewater is getting the State taxes and Vice Mayor Bennington said they got $60,000. this year. Mr. Gross said there's $150,000. for a recreation grant and asked the status of that. Vice Mayor Bennington said that it's in the process now. Mr. Gross asked if the City's accepting that money and Vice Mayor Bennington said yes. Mr. John Wilkinson, Ocean Avenue, questioned the expenditure for Council and "Improve~ ments other than" amounting to $6,327. Vice Mayor Bennington said the"Council Promotions" of $1,065. is for a gift certificate for Christmas for the City employees. City Clerk Kinsey noted that the $6,327. is a combined total for Sunstate Meter and various purchase orders during the month for supplies to install water collections to the new residences in Edgewater. Mr. Wilkinson asked if that's a typical total per month and City Clerk Kinsey said it is with the new construction lately. Mr. Wil Pendleton, Pine Tree Drive, former Councilman, said he represented several people on Pine Tree and. some on Travelers Palm regarding assessments for the road paving. He added that they are all willing to pay for the assessment but he'd heard comments about the timing right at Christmas and the change in the procedure. He said that when the paving was originally planned they'd agreed to 60 months for making payments and those that paid in full would receive a 4t% discount. He also said he'd spent some time in City Hall reviewing the file on paving and saw that the ordinances were repealed and he questioned the ethics of this since it was planned and then changed. He said the main concern on Pine Tree is the condition of the paving as there was to be a seal placed on the road and if something isn't done soon, it'll be the same as Mango Tree Drive. He also commented on the fact that there were no speed signs on Pine Tree and cars go from one end to the other with only a stop at Indian River Boulevard, and there are no weight signs and trucks go down there with large loads. He said the added revenue from the houses built since the road was paved should give the Council incentive to consider paving other roads. He questioned the payment by Briley, Wild of $5,000. plus $3,000. free service. City Clerk Kinsey said there's a credit on the books. Mr. Pendleton asked if that was included in the assessments and City Clerk Kinsey said they haven't used the credit so it wouldn't be taken off the assessments. Mr. Pendleton said the money should go into the assessments and City Clerk Kinsey said the $3,000. may have come off the assessments. Vice Mayor Bennington asked if the $5,000. was taken off and City Clerk Kinsey said it wasn't used yet and is still on the books. Councilman Spencer advised Mr. Pendleton that the paving project was started when he was a member of Council and specifications had been let. He added that the payments for 60 months which were suggested seemed unreasonable to this Council because each bill would only be $5.00 or $6.00 a month and it would be expensive for the bookkeeping end of it. He said that the timing at Christmas was strictly the desire of the Council to get the project started as early as possible and the people have the option of making payments for 12 months. He noted that in regard to the seal coat, the work was done and checked by several people, including the Briley, Wild inspector and the City's Public Works Superintendent, and he believed it was done in accordance with specifications. He added that he didn't think the roads were falling apart and they are trying to take care of the_speeding problems. Councilman Asting said there was a resolution passed by three members of Council which included paving of Travelers Palm north of Indian River Boulevard and that wasn't in the original contract and wasn't Briley, Wild's mistake but something that Council slipped through. Mr. Pendleton said part of the expense of the bookkeeping would be recapped from the 7t% interest. -4- Regular Council Meeting Minutes December 19, 1983 Q o MISCELLANEOUS (continued) Mr. Pendleton asked if they had walked on those streets and Councilman Spencer said he rode his bicycle on all the paved areas. Mr. Pendleton said unless they keep the trucks off they'l1 have a lot of problems. Councilman Wargo noted that Wildwood has the same problem and the contractor forfeited his bond rather than paving the streets and asked where all the people were when they held a public hearing on this. Mr. Dana Armstrong, Edgewater, former Mayor,said his main concern on the paving assessment is that the bi,ll has been paid and they're assessing people to put money in the Treasury that was taken out before. He said they had it for three years for appropriations for paving projects and it wasn't put in an ordinance to carry it over from one year to the other. He added that they're charging the people the 66-2/3% without the discount that Briley, Wild issued and said all taxpayers should be assessed for the paving of the inter- sections. He asked where the money was going to be spent or if they were going to spend it a little at a time, and if the people would get an accounting of the money that goes into the paving fund. He asked if they're going to mark it off the books as a bad debt if some people don't pay. Councilman Spencer said the money that's received from assessments goes to a special fund and any citizen can know how much has been paid on certain dates. He added that rather than take out a loan, the City used available funds and is now repaying those funds and it's set up in a special account. Councilman Asting noted that if they'd gone out to borrow money on the, road paving, they'd have to pay interest on the loan. City Clerk Kinsey said it's an assessment receivable fund. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilman Wargo said he'd received a lot of telephone calls concerning cable TV as to why it's not available. He said held heard that Group W is going out of business and he called their office and was told the appropriations will not be available until next July. City Clerk Kinsey said there's a very lengthy ordinance on the franchise and it would probably need a legal opinion. Councilman Wargo moved that it be looked into and get some answers and for the City Attorney to see if it's exclusive. Councilman Spencer seconded the motion because there are people in Florida Shores west of Sabal Palm asking the same questions. Motion CARRIED 4-0. Councilman Spencer said the Florida League of Cities annual conference will be held on February 9th and 10th in Tallahassee and held like Council to authorize him and others wanting to attend to go and be reimbursed for travel and per diem expenses. Vice Mayor Bennington said she'd gone last year and she and Councilman Spencer went to the one in October and she'd like to go again, plus the entire Council if they wanted to. Councilman Asting said he wou1dn't be able to go. Councilman Wargo said held like time to think about it. Vice Mayor Bennington said they need authorization as soon as possible or they won't get a room. Councilman Asting moved that Vice Mayor Bennington and Councilman Spencer be authorized to go and also Councilman Wargo if he decides later that he'll be able to attend. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Attorney Reports - City Attorney spoke on the earlier statement of Mr. Pendleton regarding the ethics involved in changing the paving program ordinance and amount of assessment charged. He said this Council could not come to terms with several problems between November and January of 1982 and 1983 and he was approached and asked whether or not the City should go ahead and pay $80,000. to $90,000. on a cost overrun of the project which resulted in several hundred feet not being included on the estimated streets to be paved. He said this could be done at the last meeting of the outgoing Council but his answer was no, as it has to be discussed publicly and this Council has to decide what they want to do about the problem, and the easy thing would have been to let the matter go. He noted that this Council faced the problem and the only legal and ethical solution was to throw out everything that had been done to that date but the contracts with the paving company had already been entered into and the work was about two-thirds completed. He said they had the situation of whether or not to let it deteriorate and lose about $200,000. or proceed with the old assessments and the change was strictly neglect and error of the outgoing administration. He said the ethics and legality will be looked into. Councilman Asting moved to recess. Councilman Spencer seconded the motion. Meeting was recessed at 8:35 P.M. -5- Regular Council Meeting Minutes December 19, 1983 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) The meeting was called back to order at 8:42 P.M. by Vice Mayor Gigi Bennington. City Attorney Reports (continued)~ City Attorney Alvarez said held received a letter that date from Mrs. Muriel Williams regarding the occupational license for a beer and wine bar to be known as Earthquake Magoon's. He noted that Council had instructed him to meet with her attorney to see how to resolve the situation. He read her letter which stated that the maximum seating would be 16, plus other terms and conditions under which she would operate the business. Councilman Wargo noted that there had been a couple of parties in there and they might as well open it up to operate properly. Councilman Spencer said they'd discussed this with Mrs. Williams several times and the letter of understanding seems clear and asked the City Attorney if there are problems such as a public nuisance, would the letter give them sufficient assurance to have the license rescinded. City Attorney Alvarez said the letter paves the way in case such problems develop that the Council can have a hearing and look into the feasibility of maintaining the license and whether or not the place is operated according to ordinances and her representation that it will not turn into a nuisance. Councilman Spencer said the parking is very limited and with 16 seats maximum he thought it would require her to have about 7 or 8 parking spaces. Vice Mayor Bennington said she thought there were 6. Councilman Spencer asked City Attorney Alvarez if in his discussions with the attorney he'd talked about other business uses in that building since they'll run out of parking and asked if the owner of the property understands there's a problem. City Attorney Alvarez said the owner of the building and his attorney provided him with documents and he made the point very clear to the owner that the building was approved for warehouses and then was changed to offices and shops and the building was not designed originally for these uses. He said their response was that there will not be any other extensive retail operation in that building and the six other units will have to be sensitive to the fact that the parking is a problem and he said he felt they're willing to work with him. Councilman Asting said he'd commented before on the number of businesses selling beer and wine and the only way to control such establishments will be to change the zoning laws in some way to reflect only so many such establishments in a given space. He asked the City Attorney if they could amend the zoning ordinance. City Attorney Alvarez said that approach was used in the past to regulate other businesses and the Planning and Zoning Boards will be the initial step to offer a regulation that will limit the number by location by distance. Councilman Asting asked the City Clerk to address the letter to the Chairman of the Zoning Commission to look into this matter and make a recommendation to the Council as soon as possible. Councilman Spencer moved that the item that was tabled November 21st be removed from the table at this time. Councilman Wargo seconded the motion. City Attorney Alvarez said his intent is since he was told to meet with them and find a solution to the problem that unless he hears an objection, then they'll proceed administratively with it. Councilman Spencer said this was a subject of considerable debate and he felt it's reasonable for Council to act and inform the City Clerk to act. Vice Mayor Bennington said she felt from the letter that the people are trying to do what they're asked to do and the Council does need to control the number of drinking establishments in an area. She noted that the city of Venice was having a problem with alcohol selling and consumed off the premises and they wrote to their legislators and got a bill passed that pertained just to their city. Motion to remove from the table CARRIED 4-0. Councilman Spencer moved that the City administrator issue the occupational license for Mrs. Williams that they've been holding up for several weeks while they've been having discussions. Councilman Wargo seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. City Attorney Alvarez asked that the letter be kept in the file with the City licenses. City Clerk Reports - City Clerk Kinsey said the Fire Department has requested permission to go out for bids on coats and pants for 25 members and the old ones are in bad repair, She added that the money is available in Fire Department funds. Vice Mayor Bennington asked if it's the County funds that they want to use and City Clerk Kinsey said it is. Councilman Spencer moved that they authorize the Fire Department to go out for bids as indicated. Councilman Asting seconded the motion. Councilman Wargo said held like to look it over before they go out for bids. Councilman Spencer noted that the bids will be submitted and opened publicly and they'll have the opportunity to see the specifi- cations at City Hall and he felt the Fire Department has an urgent need. Motion CARRIED 3-1. Councilman Wargo voted NO. -6- Regular Council Meeting Minutes December 19, 1983 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (Continued) - City Clerk Kinsey said she was informed that they need to have the City Attorney update the existing Civil Defense ordinance that's in effect because it doesn't comply with several State and County regulations. Vice Mayor Bennington asked who advised her that it doesn't comply and City Clerk Kinsey said it was the Civil Defense organization, and the ordinance mentions the coordinator by name and it should be by title only, plus other things to be changed. City Attorney Alvarez said he received a copy of a proposed ordinance. Vice Mayor Bennington asked if this was just to update the present Civil Defense ordinance and City Attorney Alvarez said if he's authorized, he'll review it and submit a proposal. Councilman Spencer moved that the City Attorney look into the matter of the Civil Defense ordinance and submit a proposed update to the City Council if that's in order. Councilman Asting seconded the motion. Motion CARRIED 4-0. City Clerk Kinsey said the January 2nd scheduled meeting will be on a national holiday and she recommended a change from January 2nd and January 16th to January 9th and 23rd for the month of January only. Vice Mayor Bennington asked if that's only for the month of January and City Clerk Kinsey said yes and they have five Mondays that month. Councilman Asting made that motion. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Civil Defense Request for Donation to Christmas Baskets for Needy Families - City Clerk Kinsey noted that she was asked at the beginning of the meeting to withdraw this request as they'd received all the necessary funds. Councilman Asting questioned why the letter was signed by Vic Vandergrifft and Kay Bennington with only Vic Vandergrifft's signature, and asked Mrs. Bennington in the audience if she authorized her name to be signed. Mrs. Bennington said no and she had not seen it. Councilman Asting said any organization that receives funds should maintain some type of financial records to be audited periodically and asked that Mr. Vandergftfft be requested~to .cometo the next meeting regarding the question of accepting donations and providing for an audit of this fund by the Finance Director or some other City official, as this is a public organization and the money must be accounted for. Councilman Wargo said it's their responsibility to monitor this. Vice Mayor Bennington asked if all organizations should be audited and Councilman Asting said they should be and it could be every six months or every year. Councilman Wargo said he had the same question in mind as he'd seen them at Winn-Dixie collecting money and wondered who keeps the accounts and does the audits as they should submit an account. Councilman Asting said this isn't a charitable organization, it's part of the City govern- ment which makes it more necessary for the audit. Councilman Spencer said he understood that the funds should be properly spent and said that bis understanding was that this activity is similar to the Halloween party that Kay Bennington and the Civil Defense organization were involved in. He said that Mr. Vandergrifft had called him to let him know he's ill but wanted Council to know they have sufficient funds and wouldn't need the $200. requested and would provide a full accounting to Council after Christmas was over. Councilman Asting asked how much was collected and Councilman Spencer said it was about $1,200. Councilman Asting said that'a lot of money for 25 to 30 families and the fund should be audited and get current balances. Vice Mayor Bennington said she didn't feel it's out of line since they're a department within the City and should be accountable for their money. She added that she'd like a list of the names. Councilman Asting said they need a certified audit which could be done every quarter or every six months, and it should be done along with City funds. City Clerk Kinsey noted that the money should be deposited into the City funds. Councilman Asting said it's an unappropriated fund. Councilman Wargo noted that they'll need rules on this. Council members discussed the donation of candy for the children during the lighting of the Christmas tree. COMMUNICATIONS Elaine Roberts re: Environmental Pollution - City Clerk Kinsey read the December 6th letter from Elaine Roberts which requested that debris burning on Mango Tree Drive be stopped, ban all smoking in area stores and government buildings, and post notices informing patrons whenever insecticides are used in a building. Vice Mayor Bennington said they've received other complaints about the burning but they have a permit to burn. Councilman Wargo noted that it would cost $30,000. to $35,000. to haul it out and it's a matter of economics. He added that he lives in that area and doesn't feel it's a problem. Councilman Spencer suggested the City Clerk respond with a letter indicating that the burning is something for which there is no good economic alternative for the City. -7- Regular Council Meeting Minutes December 19, 1983 o o COMMUNICATIONS (Continued) Joan Strong and Charles H. Strong, Sr. re: Police Department - City Clerk Kinsey read the letter dated by a witness on December 13th. The letter stated that Mrs. Strong had called the Police Department on December 1, 1983, regarding a bus making a south turn into the alley behind their house and that the call was never answered or logged. Police Chief Earl Baugh came forward and showed Council members a copy of the log sheet for that date with the call recorded. Councilman Spencer questioned what action was taken. Police Chief Baugh said David Hall was on the desk and answered the call from Mrs. Strong and asked that an officer locate the driver and advise him not to run over the lawn. Mr. Hall submitted a memo regarding the action taken and it stated that Officer Sandra Hansen left the station in an attempt to locate the bus and its driver. Chief Baugh submitted a memo from Officer Sandra Hansen which stated she promptly left in an effort to locate the bus but was unable to do so and she had been advised that the complainant did not wish to be contacted. Mrs. Strong asked to respond to this and said that David Hall did not ask her if she wanted him to contact her and she'd told him that the bus was at the duplex on Hibiscus and nobody came to her house.. She asked if anyone else would want someone to drive through their yard and said if they don't get a name, they should respond to a call anyway. She asked if she could come back to the next City Council meeting on that. Vice Mayor Bennington asked that Mrs. Strong be notified. Joan Strong and Charles H. Strong, Sr. Request to Close Alley - City Clerk Kinsey read the letter dated by a witness on December 13th requesting Council to close the alley behind her home as the alley is illegal. Councilman Spencer said the subject was dis- cussed last June and the Council agreed to put signs up and the signs are in existence on both ends of the alley. ORDINANCES AND RESOLUTIONS Ord. 83-0-23 Amending Sections 603.01(a) and 603.01(d) - City Attorney Alvarez read this Ordinance. Ord. 83-0-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 603.01 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY: INCREASING THE MINIMUM YARD REQUIREMENTS FOR DUPLEXES;PROVIDING FOR LOT DIMENSIONS, YARD REQUIREMENTS AND MINIMUM LIVING AREA FOR SINGLE FAMILY DWELLINGS AND PROVIDING FOR A MINIMUM LOT DEPTH FOR TOWNHOUSE DEVELOPMENTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 83-0-23. Councilman Asting seconded the motion. Councilman Wargo questioned the changes on the front yards and Mr: Don Bennington, Chairman of the Planning Commission, said it was to make it comply with the rest of the multi-family as they didn't change the duplexes at that time. He said there are no dimensional require- ments in single family. Councilman Wargo asked how this would effect the ones already submitted and Mr. Bennington said they'd be excluded, such as Pelican Cove, Shangri-La and Gas Lite Square. He said the parking requirements on duplexes was changed because it was almost impossible to get them in before. Vice Mayor Bennington asked if all phases of the three subdivisions were to be excluded and Mr. Bennington said it would include them all. Councilman Spencer added that those already approved would not be affected. There was a discussion as to just what would be included. Motion CARRIED 4-0. Ord.83-0-24 Amending Section 716.00 re: Number of Votes Required by Council to Overrule Planning and Zoning Commission Recommendations - City Attorney Alvarez read this Ordinance. Ord. 83-0-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 716.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY REDUCING THE NUMBER OF CITY COUNCIL MEMBERS THAT ARE REQUIRED TO ADOPT OR AMEND AN ORDINANCE CONTRARY TO ANY DECISION OR RECOMMENDATION SUBMITTED BY THE ZONING COMMISSION AND PLANNING COMMISSION FROM FOUR TO THREE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved that they adopt Ordinance 83-0-24. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Ord. 83-0-25 Amending Section 1102.00 Increasing Number of Zoning Requests to Six Times a Year - City Attorney Alvarez read this Ordinance. Ord. 83-0-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 1102.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE TIMES THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SHALL CONSIDER ZONING CHANGES AND AMENDMENTS FROM FOUR TIMES A YEAR TO SIX TIMES A YEAR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved that they adopt Ordinance 83-0-25. Councilman Wargo seconded the motion. Motion CARRIED 4-0. -8- Regular Council Meeting Minutes December 19, 1983 , . o o . . ORDINANCES & RESOLUTIONS (Continued) Ord. 83-0-26 Rezoning Porter Property from MH-l to MH-2 - City Attorney Alvarez read this Ordinance. Ord. 83-0-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF PROPERTY DESCRIBED AS THE EAST 886.7 }FEET ON THE SOUTH LINE OF THE WEST 1754 FEET OF LOT 37, ASSESSO~SSUBDIVISION OF THE ALVAREZ GRANT, LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING OF MHl TO MH2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA SHALL BE AMENDED TO REFLECT CHANGE IN'ZONING; CONTAINING A REPEALER PRO- VISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 83-0-26. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Ord. 83-0-27 Amending Citizen Code Enforcement Board Ordinance - City Attorney Alvarez requested Council direct him to prepare an ordinance reflecting these changes and he'll bring it to Council and show changes as an amendment. Councilman Spencer noted that there are just a few modifications and he moved that the City Attorney be instructed to prepare an amendment to 83-0-27. Councilman Asting seconded the motion. Councilman Wargo said it's very important that they not let anybody submit ordinances other than the City Attorney. Vice Mayor Bennington said the City Clerk should instruct the girls that they don't write ordinances. City Clerk Kinsey said they know they don1t write ordinances, they were just trying to eliminate the amount of work involved in pulling this out. There was no roll call on this motion. Ord. 83-0-28 Amending Section 606.01(g) - City Attorney Alvarez read this Ordinance. Ord. 83-0-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EFFECTU- ATING THE REPEALER PROVISION OF ORDINANCE 81-0-36 AND ELIMINATING THE PROHIBITION FOR OFF STREET PARKING INTO ANY REQUIRED YARD AREA IN B-2 ZONING; CONTAINING A REPEALER PRO- VISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez said this language should have been eliminated when 81-0-36 was adopted. Councilman Spencer moved that Council adopt Ordinance 83-0-28. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Res. 83-R-82 Intent to Vacate a Portion of liThe Strandll - City Attorney Alvarez read this Resolution. Res. 83-R-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE A PORTION OF A ROAD KNOWN AS liTHE STRANDII NORTH OF SANCHEZ AVENUE AND PALMETTO PARK SUBDIVISIONS, REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez noted that this Resolution is in strict compliance with Section 112 of the Charter and if adopted, a Public Hearing will be necessary, notification of the abutting property owners will be by personal service and advertised once in a newspaper. He added that if Council decides to vacate after a public hearing, the ordinance will show the actions by Council. He added that Section 3 directs the City Clerk to provide copies of the Resolution to officials in Volusia County as the question can be raised as to who really owns the Strand. Councilman Spencer moved that Council adopt Resolution 83-R-82 declaring its intent to vacate a portion of the road known as The Strand and the City Clerk will be thereby directed to schedule a public hearing. Councilman Asting seconded the motion. Motion CARRIED 4-0. Mrs. Joan Strong asked for answers on the request to close the alley. Vice Mayor Bennington asked that she meet with the City Clerk and bring in pertinent papers and they'll set up what needs to be done. Mr. Charles Strong, Sr. said only two tickets had been issued there and they've been denied their rights. Vice Mayor Bennington asked how their rights were denied and Mr. Strong said it1s not a public area. Vice Mayor Bennington noted that the City Attorney has already ruled on this. Mrs. Strong said they should read something she has and Vice Mayor Bennington requested that this be made available to the City Attorney for his review. City Clerk Kinsey and Mrs. Strong agreed to a 1:00 PM meeting in the City Clerk's office the following day. UNFINISHED BUSINESS Facilities for Police Department/EVER - City Clerk Kinsey noted that she'd talked with a mobile home dealer and they have a 24 x 60 new trailer with heat pump and air conditioner, delivered to Edgewater for $22,000. Councilman Asting asked if that would be furnished and City Clerk Kinsey said no. She added that they also have a used one, size 24 x 44, about a 1978 or 1979 model, for $10,000. with two bathrooms and the dealer felt it could be used and converted very inexpensively. She said she contacted the people in Jacksonville regarding a steel building and a 30 x 40 x 12 steel building would be $4,500. plus $450. freight plus $650. for each 12 x 10 overhead door so it would be approximately $6,000. Vice Mayor Bennington noted that's without a slab and no walls. -9- Regular Council Meeting Minutes December 19, 1983 ~ :.. .. . l ~ Q c . , UNFINISHED BUSINESS (Continued) Facilities for Police Department/Ever (continued)- Councilman Wargo said he talked with someone on a 35 x 50 shell on a slab and it would be $10. a square foot with any additions such as plumbing, heating, etc. to be extra. He said he also talked to a local contractor and he could get a 35 x 50 concrete block on a slab with a wood truss roof for $18,000. He added that it would be stucco on concrete block and would have one overhead door. He said the steel building would be $15,000. with no insides, and he felt they'd be better off to hire a plumber to rough in what they'd want and they'd need a kitchen and two rest- rooms. Councilman Asting asked if the used mobile home had heat and air and City Clerk Kinsey said it had heating and she thought a window unit for air. Councilman Wargo said he'd stopped at a mobile home park and they're forwarding estimates and could bring in a double wide at any length or width with the specification of two restrooms and a kitchen- ette. Vice Mayor Bennington said she thought they'd be better off with a trailer in the size they need. because once it's set up they could move it later and put EVER in another area. where a permanent building couldn't be moved. Councilman Spencer said the estimate of a contractor's building for $18,000. was most compatible with the Fire Station now and said he would like to look at more plans. He suggested a special meeting early in January to review all alternatives when they have all the information. Councilman Asting suggested a special meeting to be recessed to a workshop and then back into a special meeting to make a decision. After discussion of time and date, Councilman Asting moved that they have a Special Meeting on the 4th of January for the purpose of discussing the building for EVER. Councilman Spencer seconded the motion. Council members agreed to a time of 10:00 AM for the meeting. Motion CARRIED 4-0. NEW BUSINESS Opening of Re-Advertised Bids for Police Vehicle - City Clerk Kinsey read the certification of bids, noting that they received one bid only and it was from Terry Taylor Ford. Vice Mayor Bennington asked where this was advertised and Chief Baugh said they mailed about 15 letters out. City Clerk Kinsey opened the bid and it was $9,748.32 for a 1984 Ford LTD Crown Victoria, 4-door sedan, with Police package. There v/ere two added options of $100. for rustproofing and $32.78 for an AM radio. Councilman Asting asked Chief Baugh if he'd checked with the County and Chief Baugh said he checked and they can't do better than that for the specifications they have. City Clerk Kinsey stated there was $10,000. appropriated in the budget. Councilman Asting asked what was included in the Police package and Chief Baugh said it's a solid frame. Councilman Asting moved that they purchase this vehicle. Councilman Spencer seconded the motion. Vice Mayor Bennington asked if they want rust- proofting and Chief Baugh said he'd like to request that. Councilman Asting amended his motion to include the rustproofing for $100. Councilman Wargo seconded the amendment. Amended motion CARRIED 4-0. Original motion CARRIED 4-0. Councilman Asting moved to adjourn. Councilmen Wargo and Spencer seconded the motion simultaneously. Meeting was adjourned at 9:55 P.M, Lura Sue Koser ~~flell:< /j}0 COUN ILMAN C?1'2>~ U :!~~ #/--'2 / 7/~) ( Minutes submitted by: AT~ ~ a?:~ . CITY CLERK < ~ cfO~S~ 0: 1~8$ 1 t~<Mt~ AVOR - J ( 7K~ II -10- Regular Council Meeting Minutes December 19, 1983