Loading...
09-17-1984 - Regular u u CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 17,1984 MINUTES CALL TO ORDER Mayor Ledbetter called the regular meeting to order at 7:00 P.M.in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Pol ice Chief Douglas Betts Present Present Present Excused Sergeant Larry Westfall was also present. INVOCATION, SALUTE TO THE FLAG There was a silent invocation and the salute to the flag. PROCLAMATIONS City Clerk Kinsey noted that the Vol usia County Task Force against Drunk Driving passed a motion on August 20th requesting Mayors of all Volusia County cities to consider a proclamation in recognition of Alcohol ism Awareness Week. She read the proclamation which proclaimed the week of September 21 through 28 as Alcohol ism Awareness Week in the City of Edgewater. City Clerk Kinsey then read the proclamation which proclaimed the week of September 17 through 21 as Industry Appreciation Week in the City of Edgewater. APPROVAL OF MINUTES Regular Meeting of August 20, 1984 - Councilman Spencer moved that Council approve the minutes of the regular meeting of Aguust 20th. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman -Asting voted NO. Special Meeting & Workshop of August 24, 1984 - Councilman Spencer moved that Council approve the minutes of the Special Meeting and Workshop of August 24th. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Special Meeting & Workshop of August 31, 1984 - Councilwoman Bennington moved to approve the minutes of August 31st. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Special Meeting of September 4, 1984 - Councilwoman Bennington moved to approve the minutes of September 4th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Special Meeting of September 7, 1984 - Councilman Spencer moved that Council approve the September 7th meeting minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Special Meeting of September 11, 1984 - Councilwoman Bennington moved to approve the minutes of September 11th. Councilman Spencer seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the regular bills and accounts. Council- woman Bennington seconded the motion. Councilwoman Bennington asked about the expendi- ture to Vol usia Ford Tractor in excess of $1,000.00. Mayor Ledbetter said it's the tractor for the Water & Sewer Department and the repair was requested at a special meeting. City Clerk Kinsey noted that Council gave approval of this on August 2nd. Motion CARRIED 5-0. City Clerk Kinsey stated that Council had a copy of the supplemental bills and a memo from the department head in explanation. She noted that the totals of the three bills were $32.90, $80.00, and $45.00. Councilman Asting asked why these didn't go through the normal procedures and City Clerk Kinsey repl ied that there were memos attached as explanations. Councilman Spencer stated that the memos indicate the depart- ment head is aware of the procedure now and he moved that Council approve the supplemental bills. Councilman Wargo seconded the motion. Mayor Ledbetter said he had a problem with the bill for Buck1s Gun Rack for an ankle holster as he feels it should be a personal pur- chase since a pol ice officer can't carry a concealed weapon. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. u o MISCELLANEOUS Mr. John Gross, 404 North Riverside Drive, gave Mayor Ledbetter a copy of a letter that he requested be a matter of pub1 ic record. He stated that he left copies for Council at City Hall that day to be placed in their mailboxes. Mayor Ledbetter asked Mr. Gross to be seated while the City Attorney reviewed the material to render an opinion on it. Mayor Ledbetter asked City Clerk Kinsey if she'd seen a copy of this letter and City Clerk Kinsey rep1 ied no, she had not read it. Mr. Will iam R. Weeks, 2923 Willow Oak Drive, gave Council copies of a map of a section of Edgewater with an area between 15th and 16th Streets on Umbrella Tree circled. He read a letter dated September 17th regarding the Disabled American Veterans forming a chapter. He said the membership is comprised of disabled veterans from World Wars I and 2, the Korean War and the Vietnam Conf1 ict. He requested a permanent faci1 ity for their meetings and activities and suggested the area between 15th and 16th Streets on Umbrella Tree which is about 160 x 125 feet. He noted that it's low and will require some fill but they could work on it. He added that it's a dry pond area that belongs to the City. Mayor Ledbetter noted that the American Legion holds their meetings in the Community Center at no expense and Mr. Weeks said they tried it but the Community Center is always booked up with other activities. Councilwoman Bennington suggested the Shuffleboard Building and Mr. Weeks said they have about 76 members now and will have an auxi1 iary of about 50 women so that would be too small. Mayor Ledbetter suggested they take it into consideration and get back to them. Councilman Asting moved that the City Attorney research this matter and advise Council what to do and report back to Council with the information at the next regular meeting. Councilwoman Bennington seconded the motion. Councilman Spencer said he sympathizes with D.A.V. but recognizes there are other organizations of a charitable nature that Council should keep in mind. Mayor Ledbetter stated that his personal opinion is that he'll bend over backward to accommodate the people because they give so much. Councilwoman Bennington asked why they picked that site and Mr. Weeks said they looked allover the area and it was brought to his attention that the property was available but they'll take anything. Mr. Weeks said they operate out of the members' homes currently. Motion CARRIED 5-0. Mr. Gross's letter was then discussed. City Attorney Alvarez said that since the letter is quite lengthy and raises at least a dozen questions and the Council and City Clerk have not had an opportunity to review it, it's his opinion that rather than have Council involved in the matter and questions now without the City Clerk having a prior opportunity to review the matter and prepare a response or make her wishes on~e matter known, that she be given her opportunity.. Mr. Gross stated that it's not him asking those questions in the letter but the community is asking them, and he's not making an accusation. Mr. Gross suggested making up a committee to look into it and see if there's any credence to it and if not, then the rumors should be wiped away. He added that about 15 people were asking the questions. Mayor Ledbetter asked if it should be on the next regular Council agenda and City Attorney Alvarez said perhaps under Communications for the next regular meeting. Mr. Gross said it should be looked into before the meeting. City Attorney Alvarez stated that Council can make the decision then as to how they will handle it. Councilman Asting asked how many members of Council had seen the letter and Councilmen Spencer and Asting said they hadn't seen it. Mr. Gross stated that the letter was in their mailboxes and Councilman Spencer asked how it got in the boxes. Mr. Gross said he left it at City Hall and he thinks it was before 3:00 that day. Mayor Ledbetter said it will be on the next regular meeting agenda. Mr. Gross reiterated that he has nothing to substantiate it and is not making accusations. Frank Opal, Florida Shores, asked about trash being dumped in the south end of Florida Shores as ~rash trucks are going down Travelers Palm to dump there. Mayor Ledbetter said he didn't know anything about it. Councilman Spencer noted that Council was made aware of this previously and they used to burn the trash on Mango Tree but people objected and since then Mr. Copeland informed Council he was going to move to the south end to an area that the City owns at 35th and Mango Tree and they asked people in the area if they'd object to burning. Councilman Spencer added that they aren't burning but are dumping there and Council has budgeted money to do something about trash this next year, such as a trash incinerator or buying land in the County" for a Class 3 landfill. Mr. Opal said he thought perhaps they were taking it to 35th and Silver Palm. -2- Council Regular Meeting Minutes September 17, 1984 u o MISCELLANEOUS (Continued) - Mr. Walter Gross, 909 Lake Avenue, spoke on the job descriptions and reclassifications that were discussed at the Council Special Meeting and Workshop last week. He said he disapproved of 1 istening to these recommendations of the Merit Board because union negotiations are now going on, and these reclassifications would be raises for most of the workers in the City. He noted that in one month there will be an election and he feels that this meeting scheduled for Wednesday should be tabled until the union negotiations are settled and the October election is over. He said it IS an important thing for Council to consider and they give raises the beginning of the year and this budget doesn't say anything about two raises, one by the union and one by the Merit Board. Councilman Spencer noted that Mr. Gross is a member of the Merit Board and the recommendation was made by the majority of the membership of the Board. Mr. Gross stated that he was at the meeting where this was discussed and the Chairman had resigned and a temporary chairman took over and the City Clerk was there. He added that the City Clerk explained every classification through the entire City and there was not one word about raises or anything but a recommendation to take to Council. He stated that this is a very inopportune time for it to come to Council because it was two months ago when they went over it and he feels this was planned timing and a man can't negotiate salaries with the union at the same time as raises are being asked for by the Merit Board. Mr. John Siburn, Connecticut Avenue, said they shouldn't have a City appointee doing the negotiating and they are burning the candle at both ends and should abide by the legal contract between the City and the union. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilwoman Bennington noted that Council had received copies of her latest tally on the paving question repl ies and there were 3,182 total repl ies as of September 15th. She said she's through with the majority of them and there was a 44 vote difference between the no's and yes's and she feels since it's this close, it would be an injustice not to put it on a referendum vote. There was a discussion as to when the survey will be completed and Councilwoman Bennington said it could be about another two months possibly. Councilman Spencer suggested she finish the project and noted there are 62 votes more in favor of paving when you subtract those on paved streets. Councilwoman Bennington stated that she's really been impressed with the responses she's getting. Councilman Spencer said he hopes they can look at each street and see that the majority on that street want paving and make their decisions from that. Councilwoman Bennington said the people that had their streets paved before told her they weren1t polled as to whether they wanted it done or not, and she added that a lot of people said they want sewer before street paving is done. Councilman Asting pointed out that the margin preferring the paving has gone up since the last tally and with 1300 more to go, that margin might increase even more. There was a discussion about the answer at Spencer Street. Mayor Ledbetter asked how much money is in the paving fund for the one-third of the collected assessments. Councilman Asting noted that they put $24,000. in the new budget. Councilman Spencer said as of the end of August they had $239,944.75 in the paving assessment and a balance uncollected of $52,109.95. Councilman Spencer noted that 80% will be collected and there are two more pay periods and 30 have not paid. Mr. Walter Gross, from the audience, asked if interest is to be kept separate. City Clerk Kinsey said it1s included in that amount. Mr. Gross noted that it1s 8% interest on the money and they got 12% before. Mr. Robert Christy, from the audience, called a point of question. He asked about the 40% of one-half cent for paving and City Clerk Kinsey said it's $60,000. and is in the Publ ic Works budget. Mr. Christy stated that it should be in paving where it was designated to be. Councilman Wargo said he preferred this type of survey first and he feels they should concentrate on the people on the streets that said yes and find out what percentage of those that repl ied yes is of the majority of the residents on the street. He said they shouldn't assess people for something they don1t want, and he reviewed the number of water connections and potential in Florida Shores. He added that he has no problem with putting it on referendum or ballot because the people must know that any money they pay in will be retained for street upkeep and maintenance and every four years or so they'll have to be sealed. -3- Council Regular Meeting Minutes September 17, 1984 o (,) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Councilwoman Bennington agreed that Councilman Wargo has some good points but the people have to real ize that everyone's tax dollars are going into getting the dirt roads graded, shell for the roads, holes patched and manpower involved in this work. Mr. John Siburn, from the audience, asked if Council is still going to have the other five streets resurfaced. Mayor Ledbetter said it's still on the plans and they were told it would be 10 days to two weeks. City Clerk Kinsey noted that the paving company had just received a large contract with the County and they have to finish that job first. Councilman Spencer pointed out that next year's budget didn't allow for a salary for a Civil Defense Director and asked the Mayor to put this item on the agenda for the October 1st meeting in case action is needed. Mayor Ledbetter noted that they've had a Civil Defense Director for years and it was never paid before Mr. Mitchell came here, and he said he was at the Pol ice Department during the recent hurricane after he qot a call from Daytona Beach and he got things set up. He continued that cutting out the salary won't endanger the people but they can put it on the agenda if he wants it. Councilman Spencer said he's not asking that anybody be paid but to have it on the agenda. Mayor Ledbetter said they can discuss it on October 1st and have someone in mind to appoint if they have to. Councilman Wargo said they shouldn't even discuss it until a resignation is forthcoming. Mayor Ledbetter stated that there was a letter from the Pol ice Benevolent Association President about a week ago regarding Pol ice matters and he intends to answer it that the City is a Mayor and Council form of government and any correspondence should come through the proper channels or it will be sent back with no action taken whatsoever. He asked if Council had any objections to his answering the letter. There were no comments from any Council member. Mayor Ledbetter said he got a call from a Mrs. Short regarding her answer to the paving question and he'll turn it over to Councilwoman Bennington for handl ing with the tally. City Attorney Reports - City Attorney Alvarez stated that his comments will be made when they review the legislative section. City Clerk Reports - City Clerk Kinsey stated that she needs Council authorization to cut a check for Daytona Beach Community College for $6.00 each for any Council or advisory board member wishing to attend the ParI iamentary Procedures Workshop on September 25th and October 23rd. She added that she didn't havea total number of board members yet. Councilwoman Bennington so moved. Councilman Spencer seconded the motion. Councilwoman Bennington pointed out that this is for all elected officials and board appointments and it's a good idea for all to go that want to as she's for anything that will help the boards do a better job. Motion CARRIED 5-0. City Clerk Kinsey stated that Council received a request from Pol ice Chief Betts to attend a four-day seminar in Daytona Beach and this will need Council authorization if approved. She noted that it's in November and funds will be in the new budget. Councilwoman Bennington asked about the fund for Pol ice school ing and training and City Clerk Kinsey said the tuition only could be taken out of that. Councilwoman Bennington noted that salary and the car would be the only expenses. Councilman Wargo moved to grant the request. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter voted NO. City Clerk Kinsey noted that due to the end of the fiscal year, Council needs to have a Special Meeting to approve the bills and accounts and she suggested Thursday, September 27 at 10:00AM if agreeable with Council so the bills could be run with payroll that day. Councilman Wargo so moved. Councilwoman Bennington seconded the motion. Councilwoman Bennington asked if it's only for closing out the year and Mayor Ledbetter said yes. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes September 17, 1984 Q u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (Continued)- City Clerk Kinsey noted that the City is soon to receive the Chamber of Commerce welcome sign at the north City 1 imits. She said they discovered the canal was dug in 1850 and isn't deeded to anyone and nobody will maintain it. She asked Council if City crews can go in there and clean about 30 feet from the sidewalk west and then mow it on a regular basis. She added that the Garden Club has expressed interest in placing plants and shrubs there. Mayor Ledbetter asked for a motion to prepare the sign site at the Gabordy Canal. Councilman Spencer so moved. Councilman Asting seconded the motion. Councilman Wargo said he objected to City workers going onto private property. Mayor Ledbetter stated that it IS not private property and nobody owns it. City Clerk Kinsey clarified that it's just the 30 feet from the sidwalk that would need to be cleaned. Council- woman Bennington suggested the motion include that it's just 30 feet from the side- walk. Councilmen Spencer and Asting agreed to this addition to the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that the auditors require at the end of the fiscal year a Council motion to carryover reserve amounts from the 1983-84 budget to the new budget. She noted that the amounts are $6,000. from the Pol ice Department budget, $10,000. equipment reserve from the Fire Department budget, and $20,000. building reserve from the Library. Councilman Wargo so moved. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that Council received a request from David Garrett, Recre- ational Director/Buildings and Maintenance Superintendent, to purchase a Snapper riding mower as he's unable to obtain parts for the one that's disabled. She noted that the cost is over $1,000. Councilwoman Bennington questioned why a Snapper is requested again if they're unable to get parts for the current Snapper. City Clerk Kinsey pointed out that this was used when purchased and they aren't even sure of its age. Mayor Ledbetter noted they only had two estimates and there are other Snapper dealers in the area. He added that they can get the year of the model by taking it to a dealer. Councilman Wargo said the department is being held up for lack of service and he visited the ballfield and they need a mower and he moved to allow him to purchase the mower. Councilwoman Bennington seconded the motion for discussion. Councilman Wargo pointed out that Parks and Recreation wanted to buy a mower in excess of $5,000. and Council felt that's a lot of money when they can buy two Snappers for less than $4,000. He added that they also need a weed eater and Mayor Ledbetter stated that they can buy one for $160. Mayor Ledbetter suggested getting prices from more than one dealer. Councilwoman Bennington asked why it IS being 1 imited to a Snapper brand as it should be the best mower for the best price. Councilwoman Bennington asked to amend the motion that the maximum amoun t is $1,500. Councilman Wargo seconded the amendment. Councilman Asting said it shouldn't be 1 imited to Snapper. Councilman Wargo agreed it shouldn't be 1 imited to a Snapper brand. City Clerk Kinsey pointed out that it's less than $2,000. so wouldn't require the bid process and asked if proposals would be okay. Councilmen Asting and Wargo agreed. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Councilwoman Bennington clarified that this would allow them to get the proposals and purchase a riding mower not to exceed $1,500. and it doesn't have to come back to Council for approval and Councilman Wargo agreed with her. Util ity Bill ing Department - Request to write off bad debts - Mayor Ledbetter asked the total on the bad debts and City Clerk Kinsey said it's $142.66 and it's the first bad debts written off since 1981. Councilman Wargo asked if Mr. Fisher still 1 ives here and owns the property and City Clerk Kinsey repl ied no. Mayor Ledbetter pointed out that after the first of October they can't hold the property owner responsible for the tenant's debts and some provision will have to be made within the deposits. Councilman Wargo asked the present pol icy and City Clerk Kinsey said the service isn't restored to the property until all outstanding debts are paid against the property. Councilwoman Bennington mentioned that some properties have deposits placed by the tenant and the property owner and they should address that subject also. City Clerk Kinsey said she asked the employee in the Util ity Bill ing Department to provide some suggestions and alternatives regarding this and shelll ask for a workshop with her and Council to address the problem. Councilman Spencer moved that Council approve writing off those four items of bad debts for a total of $142.66. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes September 17, 1984 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Util ities Department - Request for proposed sewer 1 ine extension Old County Road at Coronado Paint Co. - City Clerk Kinsey read the September 11th memo from Mr. Terry Wadsworth, Utilities Superintendent. Mayor Ledbetter asked if this is on the south end of the exsiting 1 ine and Mr. Wadsworth said it will be the extension at the south plus they have more property to build on and may util ize more in the future. Councilman Wargo asked if industrial waste goes into that and Mr. Wadsworth said no, it's just a sanitary sewer and they have a pond which is permitted from DER and is checked by the State. Mayor Ledbetter asked if Mr. Kovac, the contractor, will post the necessary bond to assure putting the streets back in the necessary shape. Mr. Wadsworth said helll prepare an agreement and have the City Attorney review it. Councilman Wargo asked if this is necessary if they have sewers into the property now and Mr. Wadsworth said when they did the addition they recommended that they extend the sewer 1 ine and they don't feel it's as feasible as before and want to do it on City property. Councilman Spencer asked if Coronado will pay the cost and post bonds and Mr. Wadsworth said that was represented to him at this point. Councilman Spencer said if they're will ing to pay for it, it's a good deal as they're the biggest company in the City. Councilman Asting asked if the City Engineer looked at this project and Mr. Wadsworth said no, but the drawings are a signed and sealed set from their engineer. Mayor Ledbetter asked the impact on the system and Mr. Wadsworth said he didn't know the impact yet. Councilman Wargo moved to have the City Engineer look into this and give a report back to Council by the next meeting. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington suggested sending a letter to Coronado Paint to advise them Council is referring this to the City Engineer and weill have a reply by the next meeting. Parks and Recreation Department - Recommendation on bids for 1 ight poles and fencing- City Clerk Kinsey read the September 12th memo from Mr. David Garrett, Recreational Director/Building & Maintenance Superintendent which recommended that all bids received for the chain 1 ink fence and 1 ight poles be rejected due to the excessive prices and 1 imited number of bids received. Councilman Asting moved to reject all bids for chain 1 ink fencing and 1 ight poles. Councilman Wargo seconded the motion. Councilman Spencer pointed out that the 1 ight poles are needed to replace those that are rotten and asked if these areall rejected, would the City be able to re-advertise at a later date. City Attorney Alvarez said they need more reasons besides the amounts for rejecting a bid. Councilman Spencer said he doesn't 1 ike to pay exorbitant prices. Councilwoman Bennington noted that there was only one bid on the one item and two bids on the other. City Clerk Kinsey stated that quotes on the telephone before they went out for bid were lower than these. Councilman Spencer noted that the 1 ist went to six companies and only two repl ied. City Attorney Alvarez noted that theylve purchased when they got a bid from just one company before. Councilwoman Bennington pointed out that if they re-advertise, the people who didn't bid before will know these bids and have an advantage and she asked if this is fair. City Attorney Alvarez said if negotations have begun and something falls through such as del ivery or wrong specifications, that's different. Mayor Ledbetter noted that the City reserves the right to reject any and all bids. City Attorney Alvarez stated that's with a reason. Councilman Spencer asked if they could reject these bids and re-advertise in about six weeks on the basis that these prices submitted are not acceptable. City Attorney Alvarez stated it doesnlt provide a fair sense of business because someone else will have unfair advantage. There was a discussion about changing the quantities and City Clerk Kinsey noted that would defeat the purchasing procedure. Motion CARRIED 5-0. Parks and Recreation Department - Opening of bids for concession stand at ballfield City Clerk Kinsey certified that bids were received from Sheban Enterprises and Coppock. She opened the bids and read the totals: Sheban Enterprises - $24,990.00 and Lorin Coppock - $8,146.06. Councilwoman Bennington moved to TABLE these and turn them over to the Parks and Recreation Director for his recommendation. Mayor Ledbetter stated that it's in excess of what they appropriated for the building and he questioned why they only had two bids. City Clerk Kinsey pointed out that it's a commercial building done by commercial contractors. Councilman Wargo asked if the Fire Department and EVER building is commercial. Councilman Spencer seconded the motion. Councilman Asting pointed out that the figure of $24,990.00 isn't too much out of 1 ine as that's the approximate cost for the EVER building. There was a dis- cussion about the requested amount a year ago and what was appropriated and the bid. Councilman Wargo suggested waiting awhile before building the concession stand. Mayor Ledbetter stated that the City Clerk can't certify that the money is in the depository for this. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. -6- Council Regular Meeting Minutes September 17, 1984 o (,) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Publ ic Works Department - Opening of Bids for culverts - City Clerk Kinsey certified that she received bids for culverts from the following: St. Regis Corporation; Gator Culvert Co.; Metal Culverts, Inc.; and Palm Beach Tank & Culvert Co., Inc. She opened the bids and read the totals: St. Regis Corporation - $8,297.60; Gator Culvert Co. - $8,249.60 with an alternate bid per DOT specifications of $7,578.40; Metal Culverts Inc. - $7,914.40; and Palm Beach Tank & Culvert Co. Inc. - $7,760.40. Councilwoman Bennington asked if they can accept the alternate bid if it's different from the specifications. City Attorney Alvarez said if they went out for bids and the specifications are a matter of record, that's final. Councilman Spencer moved that the Council award the bid to the low bidder of Palm Beach Tank & Culvert Co., Inc. at a bid of $7,760.40 subject to review that they're meeting the specifications. Councilman Wargo seconded the motion. Councilwoman Bennington asked if transportation charges are included, and City Clerk Kinsey said that includes shipping. Motion CARRIED 5-0. Merit Board - Resignation of Dr. Bazin - Councilman Asting moved to accept the resignation of Dr. Bazin. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Merit Board - Appointment to fill vacancy - Councilman Wargo nominated Frank Opal to fill the vacancy on the Merit Board. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and seconded the nomination. Vice Mayor Bennington returned the gavel to Mayor Ledbetter. Councilman Spencer nominated Anthony Fanale, Sr. Councilman Asting seconded the nomination. Councilman Spencer moved that nominations be closed. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Roll call on nomination of Frank Opal DID NOT CARRY 2-3. Councilwoman Bennington, Councilman Asting, and Councilman Spencer voted NO. Roll call on nomination of Anthony Fanale, Sr. CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. Building Code Board - Resignation of Joseph Troutner - Councilwoman Bennington moved to accept his resignation. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Appointment to fill vacancy - Councilman Spencer moved to defer an appointment to this board because it requires by the Code that they have an electrical contractor if at all possible and he'd 1 ike an opportunity to determine who would be best. He asked to defer it to the next regular meeting. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to re-zone B-6 property on U.S.l North of Florida Shores Shopping Center to B-3 - City Clerk Kinsey read the September 10th memo from the Planning and Zoning Board. The memo also requested that the B-6 section be deleted from the Code as there will be no B-6 zoned property and the zoning is obsolete. Councilwoman Bennington said she felt the second paragraph is premature as they haven't rezoned the two sections of B-6 requested previously so there is still B-6 in the City. Councilman Spencer noted that the first paragraph is to re-zone just the small piece ~nd he moved that Council go ahead and request the City Attorney to prepare the ordinance to re-zone that small piece of property from B-6 to B-3. Councilman Asting seconded the motion. Mayor Ledbetter pointed out that they haven't had a publ ic hearing yet and Councilman Spencer said his motion doesn't involve that. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilwoman Bennington moved to TABLE that second section until action has been taken on the re-zoning, one way or the other. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to revise Ord. 880 - Article II,Definitions, Section 200 - City Clerk Kinsey read the September 10th memo from the Planning and Zoning Board requesting a revision to Ordinance 880 to more clearly define and update the terms used in the Code. Councilman Asting moved to put in the definitions as in the recommendation. Councilman Spencer seconded the motion. Councilman Spencer stated that the Planning and Zoning Board should be commended for spending all this time over these. Councilwoman Bennington pointed out that this was done by the past Zoning Board and the combined Planning and Zoning Board. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes September 17, 1984 1 --- Q <J COMMUNICATIONS Mr. Leonard Viera re: train whistles - City Clerk Kinsey read the August 16th letter from Mr. Viera requesting Council ban train whistles at night. Councilman Spencer suggested Council consider this seriously and asked that three items be researched: one is to have the legal ity reviewed, and the State law requirements that signs be posted at each crossing and he wanted to know the signs required and the cost of the signs, and also if this is passed if it would be a safety hazard because of the possibil ity the gate crossing wouldn't function due to a power outage. Councilman Wargo pointed out that the use of the whistle is a safety precaution for the employees of the railroad and people using the crossing, and he questioned if they could eliminate crossing whistles. Councilman Spencer said he wants to under- stand it better before he takes action. Councilman Asting pointed out that some are brief and some are long blasts. A gentleman from the audience who stated that he's a new resident to the area 1 iving in Shangri-La noted that his first night here a train went by about 1 :30 AM and gave several toots and then about 15 minutes later the same thing happened and it was repeated about six times. He noted that crossing arms come down and he thinks the City should look into it and see if they can curtail the tooting. Councilman Wargo noted that a town to the north of us attempted that and abandoned the idea. Mayor Ledbetter suggested contacting the railroad and see how many crossings there are and how many are signalled and how many are unsignalled. Councilwoman Bennington suggested gathering all the information and find out how many trains go by at night and the reasons why the whistles are different. Councilman Asting suggested contacting FEC to ask them to cut down on the duration of the signal. Councilman Wargo pointed out that some people go through the crossing gates when they are down. Mr. Walter Gross, from the audience, stated that the trains stop at Coronado Paint and don't care how long they make people wait with the gate down. Councilwoman Bennington moved that the City staff gather all the necessary information before sending it to the City Attorney for his input for the legal ramifications. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Residents of 300 block of Al ice Street re: paving - City Clerk Kinsey read the letter signed by six residents of Al ice Street requesting paving of their street. Councilman Spencer pointed out that Council has a 1 ist prepared by the Publ ic Works Superintendent which priortizes the streets to be paved and Al ice Street is on the third 1 ist and they've already completed part way through the second 1 ist. He noted that some streets are in even worse condition. Councilman Asting asked if repair work could be done on Al ice and Councilman Spencer said he feels the whole thing needs to be done. ORDINANCES AND RESOLUTIONS Res. 84-R-43 Authorizing appropriate officials to execute an agreement with Vol usia County for Fire & Rescue Service for 1984-85 - City Attorney Alvarez pointed out some changes in the agreement: on page 3, paragraph 4, the first sentence only would be effective and the remainder of the paragraph will be deleted; on page 4, paragraph 7 there was an addition regarding the hold harmless "subject to approval by the City's 1 iabil ity insurance carrier." Mr. Gary Lamb, Assistant Fire Chief, noted that they also added "prior to October lst"at the end of that sentence so it would be at the beginning of the contract year. City Attorney Alvarez stated that page 5, paragraph 13 was completely rewritten, and also on page 5, paragraph 14, the date was changed to September"lst of the contract year." Councilman Spencer noted that Mr. Lamb did a good job in negotiating this agreement and asked if the Fire Department is in agreement. Assistant Chief Lamb repl ied yes. Councilman Spencer moved that Council adopt Resolution 84-R-43. City Attorney Alvarez read this Resolution. RES.84-R-43- 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 VOLUSIA COUNTY FOR FIRE AND RESCUE SERVICE FOR 1984-85; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AND EFFECTIVE DATE. Councilman Asting seconded the motion. Mayor Ledbetter asked if the Fire Department is happy with this and Chief Kennedy repl ied yes, very happy. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes September 17, 1984 Q o ORDINANCES AND RESOLUTIONS (Continued) Res. 84-R-39 Authorizing appropriate officials to execute an agreement for Amendment I with Conklin, Porter & Holmes Engineers; Inc. (To be reconsidered) - Councilman Spencer moved that Council reconsider Resolution 84-R-39. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. City Attorney Alvarez read this Resolution. RES. 84-R-39 - 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 AMENDMENT I TO AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH CONKLIN, PORTER AND HOLMES ENGINEERS, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved that Council adopt Resolution 84-R-39. Councilman Spencer seconded the motion. Mr. Walter Gross, from the audience, called a point of order and Mayor Ledbetter stated that the motion is to be acted on first. Councilman Spencer pointed out that the present water plant is being uti1 ized to 62% and is committed to 80% and Council has to plan for additional water supply and for upgrading of faci1 ities. Councilman Asting agreed that it IS a necessity. Councilwoman Bennington questioned how they can do a study without an overall master plan first. Mayor Ledbetter agreed that it seems to be backward. Councilman Spencer pointed out that the scope of the work is to meet with the Uti1 ities Superintendent and advise the City of data needed by others, and there are 11 items on the 2t pages and a substantial amount of work being done. He added that they will then meet with the Council with recommendations. Councilman Wargo stated that they're charging 2t times the hourly rate and he doesn't feel they should have to pay $78. an hour for what they're going to do, even though he real izes they need to do something about the water and they're committed to water they don't have and won't have for some time. He asked why they can1t do it for $32.an hour as they quoted before, as he's against paying $78. an hour for a study. Councilman Spencer noted that there's a cap of $22,300. Councilman Asting stated that the study has to be done by professionals and you have to pay professional wages. Councilwoman Bennington asked if our City Engineer could do this and Councilman Spencer rep1 ied that the City Engineer isn't versed in this field of engineering. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. Res. 84-R-42 Call ing for Primary Election - City Attorney Alvarez read this Resolution. RES. 84-R-42 - A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 23, 1984, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCIL SEATS FOR ZONES 1, 2, 3, AND 4: DESIGNATING THE VOTING PLACE FOR SAID ELECTION; DIRECTING THE CITY CLERK TO PUBLISH THE RESOLUTION; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-42. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 84-R-44 Appointment to Building Code Board - ~ayor Ledbette~ noted that this item was deferred with the tab1 ing of this appointment until the next regular Council meeting. Res. 84-R-45 Appointment to Merit Board - City Attorney Alvarez read this Resolution. RES. 84-R-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALlt~G ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the name of Anthony Fana1e, Sr. as the appointee. Councilman Spencer IlOved that Council adopt Resolution 84-R-45. Councilman Asting seconded the motion. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Wargo voted NO. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. -9- Council Regular Meeting Minutes September 17, 1984 '-' ADJOURN <.) Councilman Wargo moved to adjourn. Councilwoman Bennington seconded the motion. The meeting was adjourned at 9:49 P.M. C~LJlJc a~ 7f~ m~~~ COUNCILMAN - ZONE ONE C% c1 Z 0 ;) ? o/...l-{} Minutes submitted by: Lu ra Sue Kose r A1TF.ST: ~L~ CITY CLERK Approved this jL-~ day of (JIM~ , 1984. q)JJtf/Jt~ --7u~6) IJIv.- . COUNC I LMAN - ~E THREE T ~ 4. <<..~ ___ COUNCILM - Z E UR ~ -10- Council Regular Meeting Minutes September 17, 1984