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10-01-1984 - Regular ~ Q CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 1, 1984 MINUTES CALL TO ORDER Mayor Ledbetter called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting INVOCATION, SALUTE TO THE FLAG Present Present Present Present Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Pol ice Chief Douglas Betts Present Present Present Present Reverend Hardin gave the invocation and there was a salute to the flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Councilwoman Bennington moved to recess the regular meeting to go into the Publ ic Hearings for second and final readings and action. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 84-0-11 Amending 606.05(b) and 606.02(b) of Code re: hospitals - City Attorney Alvarez read this ordinance. ORD. 84-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO STATE STATUTE 166.04(c)(1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER REZONING LOTS 1, 2, 11, 12, 13, 14 AND 15 LOCATED SOUTH OF PARK AVENUE BETWEEN OLD COUNTY ROAD AND U.S. HIGHWAY NO.1, FROM B-6 TO B-3, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for publ ic input. Mrs. Frances Raimondo asked if this was advertised and if so, in which paper. City Clerk Kinsey stated that it was advertised in the Daytona Beach News Journal on August 29th in the morning edition. Mrs. Raimondo said some of her advertisements have gone astray. Councilman Spencer moved that Council adopt Ordinance 84-0-11 on the second reading. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Ord. 84-0-17 Amending Zoning Ord. to allow Health Clubs in B-5 district - City Attorney Alvarez read this ordinance. ORD. 84-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 606.04(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING HEALTH CLUBS AS A PERMITTED USE IN THE B-5 ZONING DISTRICT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for publ ic input. Mrs. Mary Opal asked if this is just for health clubs and Mayor Ledbetter repl ied it's health clubs only. Mrs. Opal said she thought it was going to include a church also. Mayor Ledbetter said they'd have to go to the Board of Adjustments for a permitted use for a church and they'd requested it for Sunday mornings only until they could get to the point of building a church, but nothing further had been heard from them except regarding the health club. Councilman Spencer moved that Council adopt Ordinance 84-0-17. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilman Spencer moved to close the Publ ic Hearings and go back to the regular meeting. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting & Workshop of September 13, 1984 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Regular Meeting of September 17, 1984 - Councilwoman Bennington moved to accept these minutes of September 17th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of September 20, 1984 - Councilman Wargo moved that they adopt the minutes of the Special Meeting of September 20th. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. l . o ~ Mayor Ledbetter asked if Council objected to moving item 6.B. up on the agenda at this time. Councilman Wargo moved to move it up. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. South Florida Natural Gas Co. re: franchise renewal - City Clerk Kinsey read the September 21st letter from Mr. R. J. Morgan, Vice President of South Florida Natural Gas Co., in which he requested a renewal of the existing franchise agreement for a period of 20 years. Mayor Ledbetter suggested this be turned over to the City Attorney for him to meet with the Gas Company's attorney and then reply back to Council. Councilman Spencer said he agreed with Mayor Ledbetter's suggestion but thought that Section 18 regarding lawful taxes should be specified as to what they are and held I ike the City staff to research it,and tell Council what the common and proper practices are in this area. He moved that the Council refer this to the City Attorney for his study and also the City staff for recommendations to Council. Councilman Asting seconded the motion. Councilwoman Bennington noted that 20 years is a long time and asked if Section 6 is just $1.00 as payment to the City. Councilman Spencer said that's correct. Motion CARRIED 5-0. MISCELLANEOUS Walter Gross, 909 Lake Avenue, stated that new construction is at about three mill ion dollars a month and there will be a problem with water, sewer, streets, traffic, where to dump garbage, pol ice, and schools. He commended some of the Council members on the way they are handling City business and asked Council to consider passing an ordinance for a moratorium of two years against all annexation into the City to let the City get back on its feet and then consider new annexation. Helen Siburn, Connecticut Avenue, asked Councilwoman Bennington if she'd seen the plans for Tiffany Terrace and if there were to be two garbage dumpsters there. Councilwoman Bennington repl ied that she had looked at the plans and remembered that there was to be an enclosed garbage area but didn't remember if it was one or two. Mrs. Siburn noted that one area for 12 units is not sufficient and she remembered that Councilwoman Bennington had told her there was a violation before. Councilwoman Bennington pointed out that the violation was when there was no garbage area at all, but she'll look at the plans again. Frank Opal, Florida Shores, stated that held gone to a meeting in New Smyrna Beach and the subject of single member districts was discussed. He noted that it IS where the Council members are elected in their own zones and there hasn't been one case in court that's been voted down and Orlando will have it on their ballot next year. He said he'll support it to avoid block and gang voting which is wrong. He noted that the tax rate in New Smyrna Beach is lower than Edgewater's and that's going to be one of his stands even if he has to take it to court to get action on it. He suggested Council consider changing the voting date away from the presidential election date. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilwoman Bennington asked when the Chamber of Commerce welcome sign would be installed and City Clerk Kinsey replied that it was installed that day. Councilwoman Bennington asked the status of the double deposits for util ities and City Clerk Kinsey said she'd received a draft from the Util ities Department that day and will recommend a workshop later this week. Councilwoman Bennington noted that Council received information from the City Engineer regarding the bike path on Park Avenue between Wildwood and Flagler Avenue. She said she sat in at that meeting between the City Engineer and the County, and the next thing needed is to contact the telephone and power companies because they have to know when and how the two companies will move their equipment and who will bear the cost. She added that they may have to obtain an easement on the other side of the canal, and she moved that they contact the power company and telephone company and set up a meeting with them as soon as possible to get their responses to see what needs to be done with them to keep moving forward with this. Councilman Wargo seconded the motion. Councilman Spencer suggested the City Engineer meet with them and Councilwoman Bennington agreed he could be at the meeting but it's important that Council meet with them to emphasize the importance of it. Motion CARRIED 5-0. Mayor Ledbetter suggested the City Clerk call the companies and see when they can meet with Council. -2- Council Regular Meeting Minutes October 1, 1984 o ~ COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued)- Councilman Spencer noted that Council received a copy of a letter addressed to David Garrett from the Port Authority asking if the City plans to continue with Phases I I and I I I of the project as planned and for the City to tell them any other projects they feel would be appropriate for funding by them. He suggested the Parks and Recreation Director, in conjunction with the Parks and Recreation Board, look at what other projects would be appropriate and particularly City-owned land on the eastern end of Indian River Boulevard on the river. He moved that Council direct David Garrett to respond to this letter in the affirmative for Phases I I and I I I and consider for Council's consideration what would be appropriate. Councilman Wargo suggested that Mr. Garrett look into fishing piers at Indian River Boulevard and Sanchez. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer stated that at the last regular meeting the Disabled American Veterans organization made a request that the City grant them a piece of land and it was referred to the City Attorney for review, and he suggested Parks and Recreation Board be asked their recommendation on what action the City should take because they consider that a prime piece of land for a recreational area. He moved that Council request the City Clerk to determine from the Parks and Recreation Board their recommendation relative to the request of the D.A.V. Councilman Asting said he'd prefer to wait for the City Attorney's report. Councilman Spencer said he's only requesting a recommendation from an advisory board. Motion DIED for lack of second. Mayor Ledbetter said he had a request from the commander of D.A.V. to have a sign painted and put up on Indian River Boulevard showing the way to the Florida Shores Property Owners Clubhouse where they hold their meetings. Councilman Spencer stated that the D.A.V. is a very worthwhile organization and they rent the Clubhouse on an occasional basis but many other organizations also rent it and there's a sign on Indian River Boulevard directing them to the Clubhouse and he didn't feel it appropriate to put signs up for all organizations. Councilman Wargo noted that the City doesn't have a professional sign painter and they'll be asked to paint signs for everyone. Mayor Ledbetter asked if they can put up a sign about 18 by 18 to show the direction for their meetings. Councilwoman Bennington said she had no objection to them putting up a sign but the City shouldn't make the signs for them. Councilman Asting suggested they hang their smaller sign on the sign that's already there. City Attorney Reports - City Attorney reviewed the concept of single member districts and said it began as a series of lawsuits throughout the State of Texas and per- tained to a concentration of particular ethnic groups who wanted to elect someone to the governing body. He noted that it went to the Supreme Court and there is nothing prohibiting a municipal ity from going to single member district. He added that he's not advocating for or against it. City Attorney Alvarez stated that there are two aspects to the request from D.A.V., one is legal and one is administrative. He said based on the Home Rule Powers and City Charter, the municipal ity has the power to purchase, sell or lease real property but the power is within the constraint of Article 7, Section 10 of the State Consti- tution which states that the properties are to be used only for publ ic purposes and not for private purposes. He added that the courts have come up with criteria that the facil ities for non-profit organizations are available and beneficial to general publ ic as opposed to members of the corporation only. He said if the programs are open to all members of the publ ic without charge and not restricted only to members is one item and the second item is to what extent a municipal ity has control over the publ ic property to a non-governmental entity. He requested if Council decides this is a worthwhile publ ic purpose enterprise and after the administrative aspects have been cleared, he'd I ike to request an opinion from the Attorney General. He added that they'll have to establ ish administratively what piece of property is qoing to be used by the corporation, the availabil ity, and intended uses and then terms can be set forth in an agreement and the Attorney General can make a rul ing on the matter. He stated the Council has legal authority to do it but certain legal ramifications have to be considered in the process of negotiating that type of agreement. He recommended from the point of view of zoning and the Comprehensive Plan that either Planning and Zoning or Parks and Recreation look at the matter and report to Council. -3- Council Regular Meeting Minutes October I, 1984 Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Attorney Reports (Continued)- Councilman Wargo suggested they consider also that they'll have to put sewers in all of Florida Shores before long and every piece of available land should be considered for possible 1 ift stations or pump stations instead of having to buy property then. He added that Parks and Recreation and sewage should be considered. Councilwoman Bennington suggested that due to the complexity of this request that they ask a representative of D.A.V. to meet with the Parks and Recreation Board, Utilities Department, and Council for a workshop to find out what conditions they want before they proceed. Mayor Ledbetter suggested that the City Clerk call Mr. Weeks to meet with the Council and the boards. City Clerk Reports - City Clerk Kinsey stated that the initial terms of the City's group health and 1 ife insurance and the worker's compensation insurance will soon expire and they can be expended for another year by Council motion or Council can go out for proposals on each item. Councilman Asting moved to extend for another year. Councilwoman Bennington seconded the motion. Councilman Wargo said they should go out for bids to see if the prices are in 1 ine with everyone else's. City Clerk Kinsey noted that it expires December 1st. Mayor Ledbetter asked if there is a saver clause to extend for a year and City Attorney Alvarez said he didn't review it. City Clerk Kinsey stated that she had reviewed it. Mayor Ledbetter said he'd 1 ike the City Attorney to look it over and then go out for bids on it, as they've been told it will go up about 20% this year. Councilwoman Bennington withdrew her second to the motion. Councilman Asting withdrew his motion. Mayor Ledbetter suggested a motion to go out for bids for the hospital ization and worker's compen- sation. Councilman Wargo so moved. Councilwoman Bennington noted that they have to address a time frame because this Council will be looking at proposals and making a judgment that the next Council would be involved in, and she suggested the proposals be the end of this month to give them the month of November to go over them and decide something. Councilman Wargo agreed to that as an addition to his motion. Council- woman Bennington seconded with the addition of the 30 days. Motion CARRIED 5-0. City Clerk Kinsey noted that David Pettit, Supervisor of the Wastewater Plant, received a letter from the Pollution Control Association and she read the letter regarding a commendable award of honor in the field of Safety. She added that it's the second year in the row that he's received this award. Councilman Spencer moved that the City Clerk extend the Council congratulations to David Pettit and other members of the Wastewater treatment facil ity. Councilman Asting seconded'the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that DBCC is conducting a workshop for Board of Adjustments members and the fee is $3.00 and Council authorization is needed for a check to be cut for whoever attends. Councilman Asting moved that the City Clerk have a check drawn for the members of the Board of Adjustments who want to attend the seminar. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said Council received a request from Dennis Fischer, Building Official, to attend a conference in Savannah, Georgia from October 28th through 31st and the total expenditures would be $630 and the first two days of the seminar will be on his own time. Councilman Spencer asked if this is the seminar that was included in his budget and City Clerk Kinsey repl ied yes. Councilman Spencer moved that Council approve the request. Councilman Asting seconded the motion. Councilman Wargo questioned how they can let him go for four days when they can't get the work done now because he doesn't have the time. Motion DID NOT CARRY 2-3. Mayor Ledbetter, Councilman Wargo, and Councilwoman Bennington voted NO. City Clerk Kinsey noted that the City has received numerous phone calls about the recent storm and the Publ ic Works Department is asking the citizens to bear with them as the next two Wednesdays they will put every available piece of equipment on the road to get things picked up. City Clerk Kinsey said the new stop sign machine has arrived in the City barn and she suggested a special meeting and workshop to discuss the location and other equipment needed to make it functional. She added that no budgeted items have been addressed for additions to the building or a new building. She suggested including the owner-tenant meter deposit bad debts that will arise due to not being able to collect because of the new law. It was agreed to meet on Wednesday, October 3rd, at 7:00 PM in City Hall. City Clerk Kinsey asked if employees should be present and Councilman Wargo said he doesn't want to pay overtime. Councilman Asting asked that the Publ ic Works Superintendent be present since it's in his building. -4- Council Regular Meeting Minutes October 1, 1984 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (Continued) - City Clerk Kinsey read her September 26th memo requesting authorization to pay three vendors on a monthly basis for fiscal year 1985. She said the three vendors are South Florida Natural Gas, City of Edgewater water bills, and Pitney Bowes for the mail ing machine and this authorization will el iminate penalties being charged. Councilman Wargo moved to grant the request. Councilman Spencer seconded the motion. Councilwoman Bennington asked how much the penalties were last year and City Clerk Kinsey said they did this last year so there were no penalties. Motion CARRIED 5-0. City Engineer Report re: proposed sewer 1 ine extension - City Clerk Kinsey read the September 26th memo from Mr. Gerard Ferrara in which he approved the proposed construction plans for the project. Councilman Wargo moved that the City Attorney and City Engineer get some kind of agreement to protect the City to make sure every- thing is put back the way it was. Councilwoman Bennington seconded with an amendment that they bear all the expenses. Councilman Wargo agreed to that addition. Motion CARRIED 5-0. Civil Defense organization - Councilman Spencer said held asked that this subject be placed on the agenda because held been informed that it was possible they might need to appoint a new Civil Defense Director but there's no need to do that and he has no action for this subject. Building Code Board appointment - Councilman Spencer nominated Kevin Seymour to serve on the Building Code Board and said he's an electrical contractor and would replace the electrical contractor who just resigned. Councilman Asting seconded the nomination for purpose of discussion. Councilwoman Bennington nominated Les Ogram but said she didn't have enough time to get paperwork from him. She added that he 1 ives in Edgewater and owns a business and has served in New Smyrna Beach on the Building Trades Board. Councilman Wargo seconded that nomination. Councilman Spencer moved that nominations be closed. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Roll call on Kevin Seymour DID NOT CARRY 2-3. Mayor Ledbetter, Councilman Wargo, and Councilwoman Bennington voted NO. Roll call on Les Ogram CARRIED 3-2. Councilmen Asting and Spencer voted NO because they had no information or appl ication on him. Parks and Recreation Department recommendation on concession stand bids and request to transfer unexpended funds to 1985 budget - City Clerk Kinsey read the September 27th memo from David Garrett, Recreational Director/Building and Maintenance Super- intendent, in which he recommended the bid for the concession stand be awarded to Sheban Enterprises, Inc. subject to a transfer of unexpended funds to the 1985 budget. Mayor Ledbetter asked the City Clerk if she can certify that money is in the depository for these circumstances and City Clerk Kinsey repl ied that part of Mr. Garrett's request is that an amendment appropriation ordinance be made. There was a review of the amount of $20,000. allotted for the building and $10,000. for fence and his additional request of $8,500. Mayor Ledbetter stated that this project changes the whole concept at the ballfield and uses thousands of taxpayers I dollars. Councilman Spencer noted that the most recent thing theylve done was to add a new field last year and this plan makes a part of it a Tee ballfield and extends it a 1 ittle further to put a soccer field in plus this will provide 1 ighting and fencing for the field. He added that the money has been budgeted for a year now and it's an excellent facil ity and badly needed and will be an asset to the children in this area. Councilwoman Bennington noted that the money has been budgeted for the last two years and this plan is very thorough and she thinks they should go ahead with it. Councilman Wargo questioned how much labor would be done by volunteers to complete the building and Mr. Garrett said they can handle plumbing, til ing, and panell ing. Councilman Wargo asked how they'll protect the people involved in the project because there was a lot of criticism when they used volunteers for some remodel 1 ing here. He added that he thought the entire project would be done with volunteer help. Mr. Garrett stated that most of the work has to be done by a commercial contractor and this is a stipulation of the School Board. Councilwoman Bennington said the $8,500. higher isn't that much more than what was budgeted two years ago but she didn't 1 ike to keep asking for volunteers to do the work. Councilman Spencer said he understands that Council will need to transfer funds and hold a budget hearing to award the contract and he moved that Council express its intent at the moment to proceed with this and hold a publ ic hearing and transfer the funds that were requested. Councilman Asting seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Mintues October 1, 1984 u Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Util ities Department - Request for purchase over $1,000. for fiscal year 1985 - City Clerk Kinsey read the September 26th memo from Mr. Terry Wadsworth, Utilities Superintendent, requesting authorization to purchase two operating suppl ies for the water treatment plant for fiscal year 1985. The memo stated that the amounts will be over $1,000. but less than $2,000. City Clerk Kinsey noted that this is a renewal of the same request made last year. Councilman Wargo so moved. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to have a five-minute recess. Councilman Spencer seconded the motion. The meeting was recessed at 8:35 P.M. Mayor Ledbetter called the meeting back in session at 8:45 P.M. Pol ice Department Requests - City Clerk Kinsey read the September 25th memo from Chief Betts requesting the following: three new patrol cars, three new Motorola walkie-talkies, two new patrol car radios, two new patrol 1 ight bars for cars, and one new Decatur electronics radar. Councilman Asting asked if the three vehicles are all for patrol or if one is a sub-compact. Chief Betts repl ied that all three are for patrol and the sub-compact will be purchased at a later date. Councilman Asting asked if two were authorized in the budget and Chief Betts repl ied yes, but he needs to replace three and has the money in his budget to take care of three. He added that three of his vehicles have mileage in excess of 90,000 miles. Councilman Asting asked if these cars will have the full Pol ice package and Chief Betts replied yes. Councilman Asting asked the size of the engine and Chief Betts said they're V-8, with single exhaust and two-barrel carburetors. Councilman Asting asked the make of the cars and Chief Betts replied they're Fords. Councilman Asting asked the costs and Chief Betts repl ied they're $8,995. and they're 1 9811 models. Councilwoman Bennington pointed out that they'd allotted $24,000. for two new cars and they can buy a third car for another $3,000. There was a discussion about the $6,500. for a compact pickup truck for the animal control officer and City Clerk Kinsey stated that the money is in Federal Revenue Sharing for this purchase, and the sub-compact car was going to be traded for the Diplomat that's at City Hall now. Councilman Asting asked the price on the walkie-talkies and Chief Betts said they're $944. each under State bid but he's waiting for Standard Communications to give him written information and prices and he thinks he can get those for about $650. He added that they're set up to use Motorola and to have them repaired. Councilman Asting noted that they budgeted fur two radios for two vehicles. Council- woman Bennington noted that they only budgeted for one 1 ight bar and the request is for two and asked where that money is. Chief Betts repl ied that they allowed $1,000. for 1 ight bars and helll need two and feels sure he'll be able to cover it without exceeding his budget 1 imitations. Councilman Asting asked the model of the current radar and Chief Betts replied they're two years and five years old and one is hand held and obsolete and doesn't have a sound system. Councilman Asting asked if that was included in the budget. Chief Betts repl ied that it's $1 ,450. u~Lng State bid. Councilman Asting pointed out that they'd budgeted $1,900. for walkie-talkies and the three requested will run $2,800. Chief Betts said he'll only purchase two if he can't get a lower price. Councilwoman Bennington pointed out that the Law Enforcement budget was designed from previous years and anticipated needs without any real guidance and that should be taken into consideration when they address these requests. Mayor Ledbetter asked if the third patrol car will be out on the streets and Chief Betts said it will be for his own use, and the one he now uses will go to the detective unit and next year the patrol car he has now will move to patrol as a marked unit and that will maintain the patrol and his position of having a dependable automobile. Mayor Ledbetter said the three new cars should be on the street and the Chief can use one of the older cars because it's more important to have the dependable cars on the street instead of sitting at the Pol ice station or using it for personal use. He added that he expects the three new cars to have three patrolmen in them. Chief Betts said it's his decision to take la new car and equip it and drive it himself. -6- Council Regular Meeting Minutes October 1, 1984 u Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Pol ice Department requests (Continued) - Councilman Asting asked the amount for the 1 ight bars and Chief Betts repl ied they1re $750. each with 'State bid for the Smith and Wesson. Councilman Asting asked about the radios and Chief Betts said they're $1,372. installed and that's State bid for an 8-channel. Council members reviewed the total of all these requests. Councilman Spencer noted that the sub-compact car and typewriter are not included. Chief Betts stated that the typewriter will be taken out of operating expenses. Mayor Ledbetter noted that they're only 18 hours into the new fiscal year budget and they're already getting requests. Chief Betts said the majority was budgeted for and they need the equipment. Mayor Ledbetter said that some of this money isn't available to spend immediately and Councilman Spencer pointed out that the City has adequate money and isn1t in a bind to support budget requests~ Chief Betts noted that a majority of his requests will take 6 to 8 weeks. Councilman Asting stated that he doesn't want to see any patrolman in an unsafe vehicle. Councilwoman Bennington moved to authorize the purchase of three patrol cars at the State contract price of $8,995. Councilman Asting asked if these could be purchased cheaper going out for bid and Chief Betts repl ied no. Mayor Ledbetter asked if these are the same three cars that were del ivered a couple of weeks ago and Chief Betts repl ied probably, unless they sold those, and he looked into and this model can't be bought for less than this price. Councilman Wargo seconded the motion. Councilman Asting said he wants to be assured that these three new vehicles will be used strictly for patrol work and not by administrative people. Chief Betts said he understands that. Motion CARRIED 4-1. Mayor Ledbetter voted NO. Councilman Asting stated that he voted YES provided theylll be used by patrolmen. Councilman Spencer pointed out that was not part of the motion they voted on. Councilwoman Bennington moved to authorize the purchase of two Motorola or three Standard walkie-talkies at the State bid price. Councilman Asting asked who would be using these and Chief Betts repl ied patrol personnel. Councilman Asting asked if the purchase is because of additional personnel and Chief Betts repl ied yes plus the older ones spend a lot of time in the repair shop. Councilman Spencer seconded the motion. City Clerk Kinsey pointed out that Standard is not State bid, only Motorola. Chief Betts said he's awaiting communications from Standard and they have the same specifications as Motorola and it's very close qual ity. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Councilman Wargo moved to purchase the two patrol car radios at State bid. Council- woman Bennington seconded the motion. Councilman Asting asked if the radios will be taken out of the patrol cars taken off the road and put in new vehicles. Chief Betts repl ied yes but they're in poor condition. He invited Council members to inspect them, and said he feels they need an 8-channel radio to cooperate with other agencies, and they now have 4-channels. Councilman Asting asked if the 4-channel is sufficient for communication and Chief Betts said they'll go to the detective unit to give them direct access. Mayor Ledbetter asked why they1d need two radios when the detectives work the same shift. Chief Betts said the two detectives don't work just eight hours, they're on call. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Councilman Asting asked if they're taking into consideration that there's one 1 ight bar available and Chief Betts said he looked at it and the mechanism is in poor shape and it's been on the car for two years. Councilman Asting if parts can be bought to repair it and Chief Betts replied yes but the new bar has new safety features. Councilwoman Bennington moved to authorize the purchase of these 1 ight bars.at State bid price. Councilman Spencer seconded the motion. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Councilman Wargo stated that they shouldn't buy new patrol cars and put junk on them and they should be put on the road in the proper way. Councilwoman Bennington moved to authorize to buy the new Decatur electronics radar equipment. Chief Betts stated that it's State bid. Councilman Spencer seconded the motion. Councilman Wargo questioned the condition of the radar units now on hand and Chief Betts said one is obsolete and one has been down more than half the year and one is in poor shape due to the fact that it's two years old. He added that the courts demand more reI iable radar. Motion CARRIED 4-1. Mayor Ledbetter voted NO. -7- Council Regular Meeting Minutes October 1, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Pol ice Department requests (Continued)- City Clerk Kinsey read the request from Chief Betts for Sergeant Britain and him to attend a Breathalyzer course at DBCC on October .25th. Councilman Asting asked when he last had a course in Breatha- lyzers and Chief Betts rep1 ied it was nine months ago but he's certified in another county and needs to be certified in Vo1usia County. Councilman Wargo asked if time and a half pay will be involved and Chief Betts rep1 ied no. Councilman Asting noted that held heard they're trying to discredit the breatha1yzer tests and Chief Betts said there are guide1 ines to follow that are set up by the State Attorney. Councilman Spencer moved that the Chiefls request relative to the Breathalyzer school be approved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey read the request from Chief Betts to attend a Street Survival School in Lake1and on November 2nd and 3rd. Councilman Spencer noted that there's a third request for another school in November and it would total 6 days away in November and it seems that's taking the Chief out of the City more than necessary and he suggested that he attend one of the two schools and let someone else in the department attend the other one. Chief Betts said held rather go to the school for Managing for Effective Discip1 ine Training, and he feels he has the proper men in charge to handle any emergencies plus he'11 be on call and can return at any time. Councilman Spencer moved that the Council deny the request at this time for the Street Survival School. Councilwoman Bennington seconded the motion, and said she agreed that it's too much at one time. Councilman Asting said held rather deny the third school because they hired him and he should already be a manager. Motion CARRIED 3-2. Councilmen Asting and Wargo voted NO. Councilwoman Bennington moved to authorize the Chief to go to the November 12th to 15th school. Councilman Asting added that it's the.Managing for Effective Discip1 ine Training Program. Mayor Ledbetter asked if this is the same school he requested right after he started working here and Chief Betts rep1 ied no. Councilman Asting noted that it's $375 for tuition plus a salary of $346. Councilwoman Bennington pointed out that the $375. comes from the Pol ice fund for training so the City will only pay for the salary. Councilman Spencer seconded the motion. Motion CARRIED 3-2. Councilman Asting and Mayor Ledbetter voted NO. Planning & Zoning Board request to amend Sect. 700.01 (a) re:off-street parking require- ments - Councilman Spencer stated that Council requested the City Attorney to draw up the appropriate ordinance incorporating the Planning and Zoning Board's recommendation previously submitted and this request could be incorporated in Ordinance 84-0-20 and not voted on at this meeting and he moved to ask the City Attorney to combine this with the previous request. Councilman Asting seconded the motion. Councilwoman Bennington asked if this could be amended on the floor and City Attorney Alvarez said he'11 have to rewrite it. Motion CARRIED 5-0. COMMUNICATIONS John C. Gross - Mr. Gross stated that he has proof that Connie Kinsey interfered with the orders of the Mayor and Council and it caused him to lose a substantial amount but at the present time he doesn't feel he can collect from the Council and he waived moving on it. He asked if the City Clerk has the privilege of interfering when the Mayor and Council directs him to meet with the legal department or City Engineer, or must he communicate through her. Mayor Ledbetter said he saw no reason he should because Council told him to contact the City Engineer. Mr. Gross said correspondence should be directed to the Mayor and not to the City Clerk. Councilman Asting pointed out that when they hired the present City Engineer the Council stated that all requests had to go through the City Clerk, and that included department heads and all members of Council. Councilman Spencer explained the purpose was to discourage flooding the City Engineer with questions. Councilman Asting noted that they'd be getting bills for work they knew nothing about. Mr. Gross said the restriction should not apply when Council gives directions. City Clerk Kinsey noted that she processed a work order on it. Mayor Ledbetter told Mr. Gross to check with him when he wants to submit a request and helll meet with the City Clerk and get back to him with what he needs. Mr. Gross said he was asked by certain people and employees to ask the questions and he's not making an accusation and it's up the City Clerk to answer them or not. Mayor Ledbetter said if somebody will sign an affidavit to one of the questions or accusations and turn it over to the City Attorney, then the Council can act on it, otherwise they can1t act on it because they're 1 ibe11 ing themselves. Mr. Gross asked if the taxpayers have the right to ask questions. Mayor Ledbetter said he needs facts and figures first. Mr. Gross stated that he presented the questions for other people and doesnlt want to involve himself by signing anything. Mayor Ledbetter said he'11 try to speed up the reply time to his engineering requests. Mr. Gross stated that Council should make an effort to find out about these rumors. -8- Council Regular Meeting Minutes October 1, 1984 o o COMMUNICATIONS (Continued) Patricia Poland re: lack of access to Elementary School - Mrs. Poland said she is concerned about the lack of access to Edgewater Elementary School, and that she's speaking as a concerned mother and is not affil iated with the P.T.A. or any other organization. Her son displayed a map for Counci lis viewing. She said there has been no improvements in the roads around the school for the past nine years and it's more dangerous than ever before due to the growing school population. She reviewed the routes taken to drop off and pick up the children, and said they have a school patrol to direct traffic and the patrol is only II-year old children and she didn't feel an II-year old should direct two-way traffic. She had marked the map on areas that she thinks are dangerous. She said that children play in the street by the ballfield also. She suggested as a possible solution that they widen Ocean Avenue to three lanes, and requested Council take action before a child is hurt or killed. Mayor Ledbetter asked Mr. Dan Nadal, Principal of Edgewater Elementary School, to outl ine the school property boundaries and he suggested a meeting between the Council and the City Engineer to discuss alleviating the traffic problem. Mr. Nadal said he'd talk with Mr. Phill ips, School Planner. Councilman Asting suggested widening Turgot Avenue before the school property begins. Mayor Ledbetter suggested checking it out with the Street Supervisor. Councilwoman Bennington suggested writing a letter to the School Board regarding the growth of the school and people on the street plus the safety of the children and perhaps they'll have a solution to the problem. Mayor Ledbetter said that they may be able to get help from the School Board and County Council to expedite traffic on Turgot. Councilwoman Bennington moved that Council send a letter to the School Board, and maybe the County Council, and ask very strongly fora meeting and a solution to the problem. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Spencer asked if something of a more immediate nature could be done by the Pol ice Department. Chief Betts said they have an officer at Ocean and Old County Road and are in the process of reI ining the intersection up to the school property. City Clerk Kinsey read her memo to Council relative to her telephone conversation with the School Crossing Division of the Sheriff's Office in which they advised that they are responsible for directing children across the road but not for directing traffic. Councilwoman Bennington noted that the City needs to assume responsibil ity at that intersection. Tomoka Refuse, Inc. request for evaluation - City Clerk Kinsey read the September 21st letter from J. V. Cinell i of Tomoka Refuse, Inc. in which he asked for an evaluation of their job performance and overall operation. She noted that this company has the dumpsters around town. Councilman Wargo said the people with their service should evaluate them. Mayor Ledbetter said he's used the service for several years. Councilman Spencer agreed with Councilman Wargo and he moved to accept the letter and ask the City Clerk to respond in the manner indicated. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. City of Hawthorne re: negotiating for Florida Power & Light franchise - City Clerk Kinsey read the September 11th letter from the Mayor of the City of Hawthorne in which he asked for support on the request to hold hearings on the subject of franchises with Florida Power and Light Company. Councilwoman Bennington moved that they write the letter and ask the House Committee of Community Affairs to hold hearings on the subject of franchises. Councilman Asting seconded provided that the City Clerk prepare the letter. Councilman Spencer pointed out that the City just renegotiated with Florida Power and Light Company and the timing isn't appropriate. Councilman Wargo cal led attention to the last sentence of the first paragraph, which read "we do not feel it to be equitable that Florida Power be allowed to deduct from the gross franchise payment its personal property tax for the equipment located in the City". Motion CARRIED 4-1. Counci lman Spencer voted NO. ORDINANCES AND RESOLUTIONS Ord. 84-0-20 Amending Art. VI I, Sect. 700.01 re: off-street parking requirements - City Attorney Alvarez said a motion to TABLE 84-0-20 would be in order until such time as the amendments are made pursuant to this meeting's request of the Planning and Zoning Board. Councilman Spencer so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -9- Council Regular Meeting Minutes October 1, 1984 - - . . " w u ORDINANCES AND RESOLUTIONS (Continued) Ord. 84-0-21 Rezoning Parcel 2 between Alamanda Dr. & Indian River Blvd. from B-6 to B-3 - City Attorney Alvarez read this ordinance and stated that it's the first reading. ORD. 84-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 166.041 (c) (1) AND SECTION 11.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING PARCEL 2 LOCATED BETWEEN ALAMANDA DRIVE AND INDIAN RIVER BOULEVARD FROM B-6 TO B-3; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICl8L ZONING MAP OF THE CITY OF EDGEWATER ACCORDINGLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Council- woman Bennington moved to adopt Ordinance 84-0-21. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Ord. 84-0-22 Amending Art. I I, Sect.200.00, Definitions City Attorney Alvarez read this ordinance and stated it's the first reading. ORD. 84-0-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE I I. DEFINITIONS SECTION 200.00. INTERPRETATIONS OF CERTAIN TERMS AND WORDS OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGES, DELETIONS AND ADDITIONS IN SAID TERMS AND WORDS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 84-0-22. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 84-0-23 Amending Art. VI re: "Unmanned Telecommunication Facility" City Attorney Alvarez read this ordinance. ORD. 84-0-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING "UNMANNED TELECOMMUNICATION FACILITY" AS A SPECIAL EXCEPTION OR A PERMITTED USE IN CERTAIN DESIGNATED ZONING DISTRICTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez said the motion should include directions that when a request is made that the wishes of Council are implemented in terms of size of buildings, square footage, etc. Councilwoman Bennington moved to adopt Ordinance 84-0-23. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 84-R-44 Appointment to Building Code Board (Deferred 9/17/84) - City Attorney Alvarez read this Resolution. RES. 84-R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BUILDING CODE BOARD (BOARD OF ADJUSTMENTS AND APPEALS) OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez added that the name of Les Ogram will be inserted for a term to end February 16, 1987. Councilwoman Bennington moved to adopt Resolution 84-R-44. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Res. 84-R-46 Appointing election workers for primary election - City Attorney Alvarez read this Resolution, including the names of all the election workers for the primary election to be held October 23rd. RES. 84-R-46 A RESOLUTION APPOINTING ELECTION WORKERS FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 23, 1984; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Frank Opal called a point of order and said there shouldn't be two from the same family as election clerks. Mayor Ledbetter pointed out that they've worked it for years and Mr. Opal said it has to stop some- time. Mrs. Opal stated that it IS not right, there are other people here. Councilman Spencer moved that Council adopt Resolution 84-R-46. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Res. 84-R-47 Listing qual ifying candidates for primary election - City Attorney Alvarez read this Resolution, including the names of the qual ifying candidates. RES. 84-R-47 A RESOLUTION DECLARING THE CANDIDATES FOR ELECTION FOR MAYOR AND COUNCIL SEATS FOR ZONE 1, ZONE 2, ZONE 3, AND ZONE 4, IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Resolution 84-R-47. Councilman Wargo seconded the motion. Motion CARRIED 5-0. -10- Council Regular Meeting Minutes October 1, 1984 .'~ '. . .. u o ORDINANCES AND RESOLUTIONS (Continued)- Res. 84-R-48 Establ ishing a general election - City Attorney Alvarez read this Resolution. RES. 84-R-48 - A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA ON NOVEMBER 6, 1984, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCIL SEATS FOR ZONES 1, 2, 3, AND 4; DESIGNATING THE VOTING PLACES FOR SAID ELECTION; DIRECTING THE CITY CLERK TO PUBLISH THIS RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-48. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Res. 84-R-49 Authorizing appropriate officials to execute agreement with City of Oak Hill re: dispatch agreement - City Attorney Alvarez read this Resolution. RES. 84-R-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT WITH THE CITY OF OAK HILL, FLORIDA, TO PROVIDE 911 EMERGENCY AND REGULAR DISPATCH SERVICES TO THE CITY OF OAK HILL FOR 1984-85; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez noted that the Agreement is attached to the Resolution. Councilman Spencer asked the amount of money last year and Mayor Ledbetter stated that it's doubled this year. Councilwoman Bennington moved to adopt Resolution 84-R-49. Councilman Spencer seconded the motion. Councilwoman Bennington noted that they have a state- ment from the Chief with seven reasons why they're asking for the increase. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Wargo moved to adjourn. Councilman Spencer seconded the motion. Meeting was adjourned at 10:18 P.M. Lura Sue Koser / <:f4-..?-2-- U ~ ql~ tf ijJ{) / Minutes submitted by: ATTEST: ~,-e:-. ~~ 4' CITY CLERK ~ '(1l 7 APvved ~ J~ day of (TI .. , 1984. ~)~J t %:)P~ ~ -11- Council Regular Meeting Minutes October 1, 1984