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09-04-1984 - Special u Q CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 4, 1984 MINUTES Mayor Ledbetter called the Special Meeting to order at 7:03 P.M. in the Shuffleboard Clubhouse. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Pol ice Chief Douglas Betts Present Present Present Arrived Later PUBLIC HEARING ON MILLAGE RATE - City Clerk Kinsey read the proposed Resolution on the millage rate. RES. 84-R-41 -A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.441 MILLS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR 1984-1985, WHICH IS EQUAL TO THE ROLLED BACK RATE; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. She read the resolution in its entirety. Mayor Ledbetter asked for comments from the audience on the rolled back rate of 5.441. Frank Opal, Florida Shores, said he was glad that the rate was reduced and he noticed that when the tax bills were received the assessed valuations had increased for everyone, but they1re saving some money with the reduction from 5.800 to 5.441. An unidentified lady in the audience said her valuation went up $1,800. and the tax bill was $80. higher and she saw no sense in it. She added that she 1 ives out in the County with no sewer or water or paved road. She said all property owners should pay their fair share and they shouldn't have the $25,000. exemption as some people don't have to pay anything. Mayor Ledbetter pointed out that the bill ing comes from the property appraiser's office. The lady stated that she drove here from Hollywood. Another unidentified lady in the audience said she thought somone from the County was going to be at this meeting and that was why she came. An unidentified gentleman in the audience asked about the various detailed items on his tax bill. Councilman Spencer noted that this hearing is regarding the millage rate and the City Council only has control over those items pertaining to Edgewater. He said other items such as schools, Mosquito Control, etc., are under the control of the County and there will be a Hearing for the County on September 6th. An unidentified lady from the audience asked where they'll go for this Hearing on the 6th and Councilman Spencer noted that it's in Deland on the County portion and on September 11th for the Water Management District and at addresses as listed on the tax notices. Mayor Ledbetter said he didn't know why Edgewater's Hearing was 1 isted on the back of the bills since this only concerns the Edgewater millage. Terry Messner, from the audience, said they had the same notices on the bills they received in Port Orange, and you have to go to the County to discuss anything involving the County. PUBLIC HEARING ON FY-1985 CITY BUDGET AS ADVERTISED; PUBLIC HEARING ON FY-1985 CITY BUDGET FOR FEDERAL REVENUE SHARING FUND AS ADVERTISED; INTRODUCTION OF ORD. #84-0-16 RE: THE FY-1985 BUDGET - City Clerk Kinsey read Ordinance #84-0-16 in its entirety. ORD. #84-0-16 - AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR 1985, SETTING FORTH REVENUES AND EXPENDITURES OF THE GENERAL FUND AND VARIOUS ITEMS THEREOF; THE FEDERAL REVENUE SHARING FUND; THE WATER-WASTEWATER FUND; AND THE REFUSE COLLECTION FUND; SHOWING A MORE DETAILED BREAKDOWN BY I!EXHIBIT A"; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PRO- VIDING FOR AN EFFECTIVE DATE. A member of the audience questioned the large amount in Parks and Recreation in the General Fund. City Clerk Kinsey noted that $129,000. of the grant money is incorporated in that figure and has to be shown on the income and expenditure side. o ~ PUBLIC HEARINGS (Continued)- City Clerk Kinsey noted that the Federal Revenue Sharing allocations are $6,500. for an animal control van; $40,000. for a Rescue vehicle for Fire and Rescue; $15,000. for a new trash truck; and $88,000. for new Refuse equipment. Mayor Ledbetter asked for publ ic comments on Federal Revenue Sharing. Mrs. Taylor asked about the funds for the Code Enforcement. it's for the Building Official IS salary and his department. City Clerk Kinsey said Mr. Frank Richardson asked about the need for a tractor trailer. City Clerk Kinsey said it's to transfer the garbage to the Tomoka Landfill. Mr. Richardson asked what's been done in the past and City Clerk Kinsey said they have one now but the load is so great they need to keep two on the highway. Mrs. Ryta Webber asked if it was $40,000. for an animal control van and City Clerk Kinsey clarificied that it's $6,500. for the animal control vehicle and $40,000. for the Rescue vehicle. Mrs. Shirley Garthwaite asked about the reason for cutting the Library budget as she was hoping the City would appropriate $20,000. to the building fund. Mayor Ledbetter noted that it was cut back to $15,000. at the budget sessions. Mrs. Garthwaite reviewed the size of the Library currently and amount of materials available compared to what a City of this size should have. Mayor Ledbetter suggested if there's any money unappropri- ated from the General Fund balance that it be transferred into their fund at a later date. Councilwoman Bennington said they were overexpended and had to cut some items back and had to set priorities. Mrs. Mary Rice asked about the money that was taken for the roof repair since it was taken from Library funds. Councilman Wargo noted that was an additional expenditure and wasn't taken out of it. Councilwoman Bennington pointed out they still have the $20,000. from last year. Councilman Wargo noted that there should be interest from that. Mrs. Rice stated that the longer they wait the more it will cost. Mrs. Garthwaite pointed out that if the $5,000. isn't made up this year, they'll need $25,000. next year. to stay on the schedule. Councilman Wargo said he understood the total is $54,000. and Mrs. Garthwaite said she thought it's $60,000. Mr. Frank Opal said $40,000. for a new Rescue vehicle is a lot higher than the old one. City Clerk Kinsey said it may be lower when they go out for bids. Mr. Frank Richardson asked if the vehicle will be fully equipped and Mayor Ledbetter repl ied there's a certain amount of equipment. Mr. Richardson noted that it would be a lot higher in New York if it's fully loaded. Mr. George Kennedy, Fire Chief, pointed out that the equipment fund was cut back and the last piece of equipment purchased was in 1972 except for a quick attack truck and he didn't know how long the equipment can last. Mayor Ledbetter noted that they had some carry-over from last year. Councilman Spencer stated that Council recognizes the need but it was a process of establ ishing priorities and Council is purchasing heavy equipment for Publ ic Works for the first time this past year, plus a Rescue vehicle, animal control vehicle, and they need to do something about Refuse. City Clerk Kinsey read Sections of the ordinance regarding the Water-Wastewater and Refuse Funds. Mayor Ledbetter asked for comments from the audience. There were no comments on these funds. Mayor Ledbetter stated that Ordinance 84-0-16 had previously been read. Councilman Wargo moved to adopt Ordinance 84-0-16. Councilman Spencer seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Ord. 84-0-8-Renewing Cable TV Franchise - City Attorney Alvarez read this Ordinance. ORD. 84-0-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RENEWING A NON-EXCLUSIVE CABLE TELEVISION COMMUNICATIONS SYSTEM FRANCHISE GRANTED TO CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. FOR AN ADDITIONAL 15 YEARS IN ACCORDANCE WITH THE ATTACHED FRANCHISE AGREEMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for publ ic input on this ordinance. -2- Council Special Meeting Minutes September 4, 1984 o (.) PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION (Continued) Ord. 84-0-8 (Continued) - Mr. Frank Richardson, Travelers Palm, asked if the City will be stuck with Group W if something goes wrong with this deal. Mr. Lisman, Vice President of Cablevision, said a substantial amount of money was placed to back this up and the purchase and closing is scheduled for September 19th. Mr. Frank Opal, from the audience, asked if they'll expand services further than the City of Edgewater. Mayor Ledbetter noted that there's a map showing the planned expansion and how long it will take. Councilwoman Bennington moved to adopt Ordinance 84-0-8. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Ord. 84-0-12 Amending 606.01 (b)(3) and 606.02(b)(3) of Code re: square footage require- ments in B-2 and B-3 - City Attorney Alvarez read this Ordinance. ORD. 84-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01 (b) AND 606.02(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE RESIDENTIAL MINIMUM FLOOR AREA FROM 800 SQUARE FEET TO 1200 SQUARE FEET; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that this is the second and final reading of this Ordinance. Mayor Ledbetter asked for publ ic input. There were no comments from the audience. Councilman Asting moved to adopt this ordinance. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 84-0-13 Amending 603.03(e)(I) re: minimum square footage in R-5A - City Attorney Alvarez read this Ordinance. ORD. 84-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 603.03(e)(I) OF THE CODE OF ORDINANCES OF I THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE SINGLE FAMILY DWELLING MINIMUM FLOOR AREA FROM 750 SQUARE FEET PER FLOOR TO 1200 SQUARE FEET PER FLOOR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that this is the second and final reading of this Ordinance. Mayor Ledbetter asked for publ ic input. There were no comments from the audience. Councilman Spencer moved to adopt Ordinance 84-0-13. Councilman Asting seconded the motion. Motion CARRIED 5-0, Ord. 84-0-14 Amending 606.01(d)(I) and 606.02(d)(I) re: permitted uses in B-2 and B-3- City Attorney Alvarez read this Ordinance. ORD. 84-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01 (b), 606.01 (d), 606.02(b) AND 606.02(d)(I) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY PROVIDING ADDITIONAL B-2 AND B-3 PERMITTED USES; DELETING CERTAIN PERMITTED USES; OMITTING SECTION 606.01 (d) (1) IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that this is the second and final reading of this Ordinance. Mayor Ledbetter asked for publ ic input. Mr. Robert Garthwaite asked what permitted uses have been added. City Attorney Alvarez stated that the underl ined items have been added. Mr. Garthwaite said held review it after the meeting. Councilman Spencer stated that the 1 ist was worked on for about a year and it includes such things as abstracting, bicycles for rent, and lawn services, etc. which were not included in the past or were included as variances. Mayor Ledbetter pointed out that it addresses some of the things that came before Board of Adjustments before. Mrs. Ryta Webber asked for a copy to review and Councilwoman Bennington gave her a copy to read. Mrs. Webber stated that she didn't think animal cl inics were permitted. Councilwoman Bennington pointed out that it IS restricted to be only for offices and no outside facil ities. Councilman Wargo moved to adopt Ordinance 84-0-14. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 84-0-15 Amending Ord. 83-0-19 re: impact fees for water and sewer - City Attorney Alvarez read this Ordinance. ORD. 84-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ORDINANCE 83-0-19 BY AMENDING SEC. 19-42 AND SEC. 19-43 OF SAID ORDINANCE BY INCREASING THE WATER SERVICE IMPACT FEE AND THE SEWER SERVICE IMPACT FEE FROM $400 TO $650 AND $689 RESPECTIVELY, EFFECTIVE 10/1/84; CONTAINING A REPEALER PROVISION: A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that this is the second and final reading of this Ordinance. Mayor Ledbetter asked for publ ic input. Mr. John Siburn, Connecticut Avenue, thanked Councilwoman Bennington. Councilwoman Bennington moved to adopt Ordinance 84-0-15. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to close the Publ ic Hearings. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -3- Council Special Meeting Minutes September 4, 1984 o Q BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the bills and accounts. Councilman Asting seconded the motion. Councilman Wargo asked if the supplemental bill was included in that motion and City Clerk Kinsey repl ied that it's only the regular bills and accounts in the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that therels a supplemental bill for a total of $147.50. Councilwoman Bennington moved to approve the supplemental bill of $147.50. Councilman Spencer seconded the motion. Councilman Wargo asked if the Chief is aware that he only gets one of these and then has to pay it from his own pocket. Motion CARRIED 5-0. CITY COUNCIL REPORTS Councilman Wargo said a contractor called him to complain about the appl ication for competency cards and asked who authorized this because the City Attorney should look it over for the impact it could have. He read from a copy of the letter that was sent out to contractors requesting all their laborers and sub-contractors to register with the City. He asked if this is in the Code. Mr. Walter Gross, from the audience, asked if Council instigated this. Mayor Ledbetter stated that was the first hels heard about it and he feels it's between the contractor and his laborers. City Clerk Kinsey stated that the discussion was brought up several months ago to el iminate the problem of fly by night contractors and when they register the City will know who they're working for and where they're from. Mayor Ledbetter said the laborers wouldn't register, just the subcontractors. City Clerk Kinsey said they're the ones the City wants the information on. Councilman Wargo asked if a certificate of competency will be refused if the contractor wonlt go along with this and City Clerk Kinsey repl ied no. Mayor Ledbetter said he wouldn't go along with it because the laborer isn't responsible for the contractor or subcontractor. Mr. Gross said the laborers must be on file in City Hall. Mayor Ledbetter asked if they've gone to a Pol ice state. Councilwoman Bennington suggested they defer this to the Building Code Board and request they meet as soon as possible in a workshop with Council. Councilman Wargo said held rather have the City Attorney go over it and Mayor Ledbetter agreed the City Attorney should review it. Councilman Wargo so moved. Councilwoman Bennington seconded the motion for discussion, and she asked the purpose of sending it to the City Attorney. Councilman Wargo said he wanted to know the 1 iabil ity involved and he doesn't want to be responsible for this. Councilwoman Bennington asked what kind of lawsuit they could get into by requiring the names of laborers on a job. Mr. Gross stated that those who work in the homes have to be questioned. Councilwoman Bennington noted that this is for con- tractors. Mr. Gross stated that every person 1 icensed in the City has to fill in a card to be filed in City Hall and it's publ ic record and he thinks it's wrong and shouldn't be allowed. Councilman Wargo said the Building Official should go out and see who has 1 icenses on the jobs. Motion CARRIED 5-0. Councilwoman Bennington distributed copies of the recaps of the surveys on the water bills regarding the paving question. She noted that 1,393 bills were returned and checked and 5 had responded as undecided; 112 were no answers; 139 were yes answers; and the total unanswered were 142. She added that the total number of paved streets with no answer was 1,005. She had broken down the repl ies by street so Council could see how many answered per street and said shelll update it when the next water bills come in. She added that she'd checked all those to verify they're property owners who answered and didnlt count renters as val id. Mayor Ledbetter stated that it looked 1 ike a good job. Councilman Spencer called Council IS attention to page 204 of the Code regarding Rules of Debate, Motions to Reconsider, and he read an excerpt from that section. He asked the City Clerk to bring on the agenda for the September 17th meeting Reso- lution 84-R-39 which was the resolution considered at the last regular meeting regarding the agreement for Conkl in, Porter and Holmes Engineering to start a program for study of the water supply and treatment. Mayor Ledbetter agreed. -4- Council Special Meeting Minutes September 4, 1984 ~ u CITY COUNCIL REPORTS (Continued) Councilman Spencer spoke on the problem of trash, 1 imbs, and palm fronds disposal. He noted that Mr. Copeland had reviewed the trash incinerator with Council but no decision had been made and there are alternatives such as a landfill and the City would have to acquire property for it, or buy additional equipment to haul it to Tomoka. He asked Council to have the City Clerk request Mr. Ferrara to make a study of those three alternatives and any others that Council has to offer and to present his recommendations and findings to Council. He added that he'd 1 ike to see some economic figures on this and he'd 1 ike the study by the end of September for either a Class 3 landfill; an incinerator; or carrying it to Tomoka. Mayor Ledbetter said held rather see the Class 3 landfill or the incinerator because of the cost of trans- porting to Tomoka. Mayor Ledbetter said he understood a representative from the incinerator would come to Council. Councilman Spencer said hels still interested in that but he went to Vero Beach to look at it and it takes some land and he doesnlt feel the City has that much land to put it on. Mayor Ledbetter noted that they have 10 or 12 acres on Air Park Road and the people wouldn't know it's there. Councilman Spencer said they'll know it's there because that land is exposed and it does create some smoke so there are some problems besides just buying it and putting it there. Mayor Ledbetter suggested turning the 1 iterature over to Mr. Ferrara and the class 3 landfill. Councilman Asting agreed to those two methods, and Councilman Spencer agreed to just those two. Mrs. Ryta Webber, from the audience, suggested Council give the landfill some thought because of the problems they had before. Councilman Asting suggested the incinerator could be hidden from the road by trees. Mayor Ledbetter suggested it be turned over to the City Engineer. Mayor Ledbetter stated that there were 30 boats and trailers at the park and pier and they're going to have to address the problem in the very near future. Councilman Asting said they'd need someone there for 24 hours a day because they're constantly launching boats. Mr. Walter Gross, from the audience, asked about the recreation money and putting a man there and making them pay on a Saturday or Sunday. Mr. Frank Opal, from the audience, said he recommended that they see the Ponce Port Authority because they disburse all the money for this area. CITY.ATTORNEY REPORTS City Attorney Alvarez stated that after several motions were filed on the Berman case Judge Reed dismissed four of the five counts and the only count left was Civil Rights and technical violation. He noted that the case is ready to go to a jury trial but they've offered to the City to wash out the claim for $3,000.00 and he feels they shouldn't refuse it and asked Council's authorization to proceed in this direction. Mayor Ledbetter asked if that holds the City at no fault. City Attorney Alvarez said it will cost more than that to go to court. Councilman Spencer suggested they accept the City Attorney's advice and moved that the Council settle the remaining item on the case for $3,000.00. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. CITY CLERK REPORTS City Clerk Kinsey stated that Council is aware of the duck weed problem in the lakes and the Publ ic Works Department contacted the Game and Fresh Water Fish Commission about this but they need a formal written request from the City to evaluate the problem. She noted that there's no charge for this and they'll submit a written recommendation on what the City can do. Councilman Asting moved that the City Clerk be authorized to send a letter to Florida Game and Fresh Water Fish Commission to see if they have a solution to the duck weed problem. Councilman Spencer seconded .the motion. Motion CARRIED 5-0. There was a short recess at 8:35 P.M. Mayor Ledbetter called the meeting back in session at 8:47 P.M. -5- Council Special Meeting Minutes September 4, 1984 o o ORDINANCES AND RESOLUTIONS 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. Councilman Spencer moved that Council adopt Ordinance 84-0-17. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Ord. 84-0-18 Annexing Fong Property - City Attorney Alvarez read this Ordinance. ORD. 84-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, lOCATED NORTH OF RANKIN DRIVE AND EAST OF U.S. HIGHWAY NO.1 CONSISTING OF APPROXIMATELY 20.20 ACRES, PURSUANT TO SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGE- WATER, FLORIDA, BY AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez noted that the property involved is shown on the survey map attached to the ordinance. Mr. Walter Gross, 909 Lake Avenue, said he's heard the golden fleece story about annexation and growth in City is so large that there's a problem coping with demands now. He said they shouldn't go outside the City and only special interest groups will gain from annexation. He noted that everyone in the City is affected by annexation and the budget this year is over three mill ion dollars and they've raised rates and fees. He added that annexation is a hindrance and he credits all the trouble to annexation and if Council doesn't take into consideration what the people stand for then they'll go to the people and tell them what some of the Council are putting over on the people. Attorney Clark said there are no demands put on the City now and they're bringing in 20 acres and the entire area will be single family and the City will service it when they can and they'll pay taxes to the City in the meantime. He said when the City's in a position to supply the services that will be fine but he doesn't see how this could be a detriment to the City. Mr. John Siburn, from the audience, said he had to move out of his house because of annexation. Mr. Frank Opal, from the audience, said they've wanted this property for the past eight years to be annexed into the City and they modified the plans to single family homes. He added that they say they won't request services for two years but after that time they'll make all their demands and if the City lets one come in, they'll have everyone wanting in and it'll hurt the taxpayers. Mayor Ledbetter pointed out that they passed an impact fee ordinance and the contractor or the one building will have to meet State specifications and their fees will pay for the amount of water 1 ines. Attorney Clark noted that the two-year mora- torium is avoluntary agreement that they wouldn't ask for services and if the City can't supply it for five years, then that's when they'll get it. Mr. Opal asked why they want to annex it and said they'll have an obI igation when the time comes. Attorney Clark said they want to get on the 1 ist for when they can get service. Mr. Opal suggested a referendum. Mayor Ledbetter noted that then they'll have to supply the water. Mr. Gross stated that the people are against it. Councilman Spencer moved that Council adopt Ordinance 84-0-18 on first reading. Councilwoman Bennington seconded the motion. Councilwoman Bennington clarified for the record that the publ ic has a right to have this advertised to have a publ ic hearing and see how they feel about it. Councilman Asting asked if this is along the guide for voluntary annexation and City Attorney Alvarez repl ied yes. Motion CARRIED 4-1. Councilman Wargo voted NO. City Attorney Alvarez said the language in his proposed procedures on annexation could be approved by motion of Council to direct the boards to follow the procedures. Councilman Spencer moved that the City follow that procedure on annexation. City Attorney Alvarez pointed out that it doesn't advocate annexation but they needed something to work with. Councilwoman Bennington asked if it's specifically voluntary annexation and City Attorney Alvarez and Councilman Spencer agreed it is. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. -6- Council Special Meeting Minutes September 4, 1984 . . . o Q ORDINANCES AND RESOLUTIONS (Continued) Ord. 84-0-19 Establ ishing a zoning classification for Fong property - City Attorney Alvarez stated that the annexation ordinance has to pass on first and second reading and then this will be processed and it has to go to the County Council regarding decreasing density. He read this Ordinance. ORD. 84-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF EDGEWATER BY ORDINANCE NO. 84-0-18 FROM VOLUSIA COUNTY B-4/R-3 TO EDGEWATER R-l; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR PUBLICATION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that the Statutes require that increases or decreases in density must be approved by the County Council and the appl icant has the burden to submit proof that the County Council has approved the change in density. Councilman Spencer moved that Council adopt Ordinance 84-0-19 on first reading. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. City Attorney Alvarez cautioned that the written report should be received from the County regarding this. Res. 84-R-40 Establ ishing fees for copies of tapes and verbatim minutes - City Attorney Alvarez read this Resolution. RES. 84-R-40 - A RESOLUTION REPEALING RESOLUTION NO. 80-R-149 ADOPTED MARCH 24, 1980, AND ENT ITLED "A RESOLUT I ON OF THE CITY COUNC I L OF THE CITY OF EDGEWATER, FLORIDA IMPOSING CERTAIN REQUIREMENTS ON THE REPRODUCTION OF PUBLIC DOCUMENTS"; AND ESTABLISHING NEW PROCEDURES AND FEES ON THE REPRODUCTION OF PUBLIC RECORDS; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez noted that this basically sets forth the manner for reproduction of publ ic records and copying of publ ic materials, the fees for reproductions of tapes of meetings and verbatim transcripts of meetings and establ ishes that the original records shall be in the custody of the City Clerk or the City Clerk's designee and subject to court order or direction of Council. Councilwoman Bennington moved to adopt Resolution 84-R-40. Councilman Wargo seconded the motion. Motion CARRIED 5-0. OPENING OF BIDS - PARKS & RECREATION DEPARTMENT REQUESTS Light poles at ballfield - City Clerk Kinsey certified that bids were received from Dunn Lumber and Supply and from Sheban Enterprises. She opened the bids and read the totals. Dunn Lumber's bid was for $3,360.00 and Sheban Enterprise~ bid was for $4,750.00. Mayor Ledbetter recommended that Council table thesebids. Councilman Spencer questioned if the price is in 1 ine. Councilwoman Bennington moved to TABLE this and send it to the Parks and Recreation Director for the next meeting for his recommendation. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Fence materials at ballfield - City Clerk Kinsey certified that one bid was received from Fence Services, Inc. She opened the bid and read the total of $3,173.82. Mayor Ledbetter stated that he doesn1t 1 ike to have just one bid, and he questioned what the eight foot fence is for. There was a discussion as to what the fence might be planned for and Councilman Spencer said he had no objection to asking the Parks and Recreation Director to come to the next meeting to show where the fencing will go. Councilman Asting moved to TABLE this until the next regular meeting. Councilman Wargo seconded the motion. Councilman Wargo suggested that perhaps all department heads should come to these Council meetings. Motion CARRIED 5-0. Mr. Opal, from the audience, asked the amount of six foot fence requested and there was a discussion on it's possible uses. Councilman Wargo moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 9:22 P.M. ........ (/~ ~(f ,(: 7 ~~ .~~.JjJ;f 7/7ff~-n .At?dJ COUNC I LMA~ - Z PONE () _ .~ COUNCIL~O AN - ZONE TWO C;~~~~ COUNC I LMAN-~NE :~::;:>' COUNCI~t~FOUR '-- T-~ l~ ~ . ~ ~71~ / Minutes submitted by: Lura Sue Koser ~, '- ATTEST: ~ 1t~7 C I r(~LER~ .~. cPr]1~!TY%JftIL .198:~_ MA'YUR "-../ . ,-- ?iJ Council Special Meeting Minutes September 4, 1984