Loading...
06-04-1984 - Regular (.) (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 4,1984 MINUTES Mayor David 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 Present Excused Present Excused Councilman Jack Spencer City Attorney Jose) Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Present Present Present Present There was a silent invocation and the salute to the flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION Councilwoman Bennington moved to recess to the public hearings. Councilman Spencer seconded the motion. Motion CARRIED 3-0. Ord. 84-0-5 Amending Sect. 42 of the Charter by changing Fire Force; Duties to Edgewater Fire and Emergency Rescue Force. City Attorney Alvarez read this ordinance. Ord.84-0-5- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 42 OF THE CHARTER OF THE CITY OF EDGEWATER, BY CHANGING THE DESIGNATION FROM "FIRE FORCE; DUTIES" TO "EDGEWATER FIRE AND EMERGENCY RESCUE FORCE"; PROVIDING FOR SUPERVISION, DUTIES AND DISCIPLINE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for public input on this ordinance but there were no comments from the audience. Councilman Spencer moved to close the Public Hearing because no one wished to speak. Councilwoman Bennington seconded the motion. Mayor Ledbetter declared the public hearing closed. Councilman Spencer moved that Council adopt Ordinance 84-0-5. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Ord. 84-0-6 Repealing Ord. 956 re: Edgewater Volunteer Emergency Rescue - City Attorney Alvarez read this Ordinance. Ord. 84-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 956 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY, ENTITLED: "AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR, BY ADDING CHARTER SECTION 59-A, EDGEWATER VOLUNTEER EMERGENCY RESUCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE."; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for public input on this ordinance but there were no comments from the audience. Councilman Spencer moved that the Public Hearing be closed on Ordinance 84-0-6. Councilwoman Bennington seconded the motion. Councilman Spencer moved that the City Council adopt Ordinance 84-0-6. Council- woman Bennington seconded the motion. Motion CARRIED 3-0. Ord. 84-0-7 Granting permission for transfer of Cable TV franchise - City Attorney Alvarez read this Ordinance. Ord. 84-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, GRANTING PERMISSION FOR THE TRANSFER OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE FOR EDGEWATER, FLORIDA TO CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC., A WHOLLY-OWNED SUBSIDIARY OF CABLEVISION INDUSTRIES, INC.; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer requested a correction on Section 1 which refers to previous ordinances but doesn't state the number. He stated he felt it should have number 663. City Attorney Alvarez made that correction on the original ordinance. Mayor Ledbetter asked for public input but there were no comments from the audience. Councilman Spencer noted that this ordinance just transfers the present franchise for the balance of the duration until June, 1985. Councilwoman Bennington moved to close the Public Hearing on Ordinance 84-0-7. Councilman Spencer seconded the motion. Motion CARRIED 3-0. Councilman Spencer moved that Council adopt Ordinance 84-0-7 with the number "663" added to Section 1 as previously indicated. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. o o PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION (Continued) 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 ACCORD- ANCE WITH THE ATTACHED FRANCHISE AGREEMENT; CONTAINING A REPEALER PROVISION; A SEVERA- BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for public input on this ordinance. There were no comments from the audience. Councilman Spencer moved to close the Public Hearing. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Councilman Spencer stated that the Council was just given a copy of a letter from Cablevision relative to items included in the franchise agreement and he requested that the City Attorney read it and advise the Council if the letter is as binding as the franchise agreement, as he'd like to have it included as part of the agreement. City Attorney Alvarez said they could incorporate it into the agreement as an addendum and if a motion is made to adopt the ordinance, it should include that the letter dated May 31st be incorporated. Mr. Tom Alexander, cable consultant, suggested that the map showing the construction areas also be an addendum. Mayor Ledbetter suggested the map be displayed so people in the audience can review it. Councilman Spencer suggested a recess after he asked a few questions. He asked if the dates are clear to start on consummation of the transfer and not in June of 1985. Mr. Alexander said it would probably be in July of 1984. Councilman Spencer noted that the first block shows Phase I would be 6 months to one year. the second would be another 6 months to one year after Phase I, and the last one would be following the final period. Mr. Lisman clari- fied that they will follow with Phase III in the same time frames. Councilman Spencer asked if that would be 6 months to one year after Phase II and Mr. Lisman agreed they could write that in and he'd initial it. Councilman Spencer noted that there were two or three areas with no definitions at all. Mr. Lisman said they inspected that area and think it's already cable. Councilman Spencer said one was Evergreen and Mr. Messner said it would be coded blue because there are no homes on three of the streets now. Councilman Spencer stated that it should be made clear in the agreement. Mr. Lisman said they'd make that change in the exhibit. Councilman Spencer moved to have a 5-minute recess to mark the map and to allow anyone in the audience to look at it. Councilwoman Bennington seconded the motion. The meeting was recessed at 7:20 P.M. Mayor Ledbetter called the meeting back in session at 7:30 P.M. Councilman Spencer noted that the area has been filled in now on the map and he1s satisfied vlith that but there are still 2 or 3 streets he1s not sure about for the cable. The cable representatives agreed to go out and look at the areas and report back to Council later in the meeting. Councilman Spencer moved that the action on this ordinance be deferred until later in the meeting. Mayor Ledbetter suggested it be brought up under Ordinances and Resolutions. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Councilman Spencer moved to go back into the regular meeting. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. APPROVAL OF MINUTES Special Meeting & Workshop of May 16, 1984 - Councilwoman Bennington moved to approve the minutes of May 16th. Councilman Spencer seconded the motion. Motion CARRIED 3-0. Regular Meeting of May 21, 1984 - Councilman Spencer moved that Council adopt the minutes of the regular meeting of May 21st. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Special Meeting & Workshop of May 22, 1984 - Councilwoman Bennington moved to approve the minutes of May 22nd. Councilman Spencer seconded the motion. Motion CARRIED 3-0. Special Meeting & Workshop of May 23, 1984 - Councilman Spencer moved that they approve the minutes of the May 23rd Special Meeting & Workshop. Councilwoman Bennington seconded the motion. Motion CARRIED 2-1. Mayor Ledbetter voted NO. Special Meeting & Workshop of May 25, 1984 - City Clerk Kinsey noted that the words "and Workshop II be deleted from these minutes as this was a Special Meeting only. Councilwoman Bennington moved that they approve the minutes of May 25th with the words "and Workshop" deleted. Councilman Spencer seconded the motion. Motion CARRIED 2-1. Mayor Ledbetter voted NO. -2- Council Regular Meeting Minutes June 4, 1984 o o BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the accounts payable report. Council- woman Bennington seconded the motion. Motion CARRIED 3-0. MISCELLANEOUS John Siburn, Connecticut Avenue, asked City Attorney Alvarez if he'd looked up some- thing for him and City Attorney Alvarez said he hadn't yet but he will. Mr. Siburn said he was questioning the use of revenue sharing funds for Christmas decorations because itls a holiday. Walter Gross, 909 Lake Avenue, referred to a Council member's telling the Mayor to be quiet at a recent meeting and said that most people in the City respect the position of Mayor. He pointed out that the Mayor was elected to his position on Council with more votes than any other Council member. He asked that they put a stop to degradation to the Mayor's position and that it not happen again. Mayor Ledbetter stated that sometimes he needs to be shut up. Charles Barton, 1324 Travelers Palm, said that Travelers Palm is included in Phase I and is to be finished in 6 months to a year and asked if that would be in writing in the contract. City Attorney Alvarez said yes. Mr. Barton then spoke on the condition of 12th Street and asked if anything could be done about paving it. Mr. Barton asked if the County or State could help with paving of that and Mayor Ledbetter pointed out that it1s a City street. Councilman Spencer stated that Council is very aware of the condition of many streets and he referred to the costs to pave or resurface the streets. Mr. Barton asked if there is anything better or longer lasting than just grading the streets. Mayor Ledbetter noted that some of the streets have been turned over to the City Engineer to come back to Council with answers. Frank Opal, Florida Shores, submitted a copy of a newspaper clipping to Council members which referred to federal grants. He noted that Edgewater is down near the bottom of the list. He then spoke on a new conflict of interest law which was passed and has been sent to the Governor's office. He said this new law has a far reaching effect on everyone. He said there are a lot of conflicts of interest in Edgewater and those involved should take heed. He suggested the City Attorney check on this. Howard Yelvington, Volusia Realty, asked to resolve the purchase of the Ocean Avenue lot by the City. Mayor Ledbetter said he understood that someone is holding the mineral rights. Mr. Yelvington pointed out that it's not a title defect, and held brought in the title policy before the last meeting and it should have been settled before. City Attorney Alvarez said he'd recommend to Council that they not close unless they get a release on the mineral rights and he agreed the City would pay the $450. for this. Mr. Yelvington said his client just wants to know if the City wants the property. City Attorney Alvarez stated the City wants the property if the title is clear and theylre willing to pay for it. Mr. Yelvington said then there isn't a deal. Ray Delarwelle, 2919 Yule Tree Drive, said held been having problems with the garbage employees with throwing his cans wherever they want to. He said he's talked with Mike Tenney three times now. He showed a picture to Council and said that day they took the can and put it behind the fence and the neighbor's was taken to his house where there's a sign in the yard to "Beware of dog". City Clerk Kinsey noted that they had a meeting that day regarding this situation. Mayor Ledbetter said he also got a call from a lady who said she was told to pick up her own garbage if she didn't like the way they were doing it. Councilwoman Bennington agreed the situation should be looked into and corrective action taken. Mr. Frank Opal, from the audience, said he went to a Code Enforcement Board meeting and theyld written a letter to Council regarding trash pickup. Mr. Russ Prater, Chairman of the Code Enforcement Board, from the audience, stated that it was regarding trash and not garbage. Mr. Delarwelle said that Mike Tenney had assured him that held look into it. -3- Council Regular Meeting Minutes June 4, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Spencer stated that the City is indebted to three Police Chiefs who spent a lot of time to review the applications and he asked that the City Clerk/Administrator write a letter on behalf of the Council to them. Councilwoman Bennington said she had no objections. Councilman Spencer said the landfill that is closed on Air Park Road is being considered as a possible site to store hazardous materials and he feels it's a hazard to the City since it's located very close to the City and close to the present wellsite and possible future wellsites they may have. He asked that the City Attorney draft a resolution for the Council to act on to make known that the City does not want that used for any storage of hazardous materials because of a "health hazard to the City. Councilwoman Bennington said she'd talked with County Councilman Clyde Mann and was advised that the Council is not considering it yet and itls only in the preliminary stages and she felt it should be official rather than just reading it in the newspaper. Councilman Spencer said he's anxious to have Council go on record that regardless of any verbal commitments, they don't want it to be used. Mayor Ledbetter said when DER closed the landfill they had more to contend with than just passing a resolution. Councilman Spencer pointed out that the State passed the Water Quality Assurance Act that requires Counties to select locations for hazardous wastes and that isn't the same as re-using it for a landfill area. Councilman Spencer asked Mayor Ledbetter if he also felt this was premature and Mayor Ledbetter said there's something in the records regarding this. Councilman Spencer said there's a two-day Environmental Regulations Commission hearing in Gainesville where they'll consider the Small Communities Wastewater Grant Applications and he'd like to attend with the Utilities Superintendent. He asked Council IS authori- zation to attend with estimated costs not to exceed $150. for two days and two nights in Gainesville. He added that Edgewater is on the list and the grant is for 2.7 million. Councilwoman Bennington said she didn't feel they need two representatives from the City but she had no objection to his going at his own expense. City Attorney Reports - Mr. Yelvington earlier. they can forget it. City Clerk Reports - City Clerk Kinsey said that Edgewater Volunteer Fire Department had requested $2,750. for the 4th of July fireworks. She noted that they paid $1,800. in 1981 and 1982 and $2,000. in 1983. She added that since they didn't go out for bids she would recommend that it be kept under the $2,000. Councilwoman Bennington asked the amount budgeted and City Clerk Kinsey said there's $2,750. in promotional activities. Councilman Spencer moved that the Fire Department be authorized to spend the $2,000. for fireworks. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. City Attorney Alvarez stated that his report was discussed by Mayor Ledbetter said if they can't produce a clear deed for it, City Clerk Kinsey said she'd like to recommend a workshop on June 15th at 1 :OOPM to discuss the $17,107. unappropriated Federal Revenue Sharing balance and perhaps include a review of the Safety Policy with Tom Sheridan. Councilman Spencer agreed Mayor Ledbetter suggested that the $17,107. be retained in part as an emergency fund in case of a hurricane. Councilwoman Bennington pointed out that they could appropriate it for that if they decide to and she agreed she had no problems with the 15th. Mayor Ledbetter said he wasn't sure he'd be here on that date. City Clerk Kinsey stated that Council had received a copy of the annual evaluation for Terry Wadsworth, Utilities Superintendent, and based on his score and the Merit Pay Plan, she recommended a one-step pay increase. Councilman Spencer moved that the merit increase be granted to Terry Wadsworth as the City Clerk/Administrator has indicated. Councilwoman Bennington seconded the motion and noted that Terry had recently completed some schooling and did rather well and she thinks he deserves a raise for the effort he put in. Motion CARRIED 3-0. City Council Reports -(added) - Mayor Ledbetter noted that two salaried people had overtime on their last paychecks and asked who authorized this overtime. City Clerk Kinsey said both persons are covered by a union contract and the contract requires to pay them time and a half or comp time, whichever they choose. Mayor Ledbetter said then there's no reason to put a man on a yearly salary. City Clerk Kinsey pointed out that these two were considered under the decertification request but they were not granted the decertification for these two positions. -4- Council Regular Meeting Minutes June 4, 1984 .. o " COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Board of Adjustments - By-laws revised by City Attorney and approved by Board - City Clerk Kinsey read the May 30th letter from the Board secretary which stated the by-laws revised by the City Attorney had been approved by their Board. Councilman Spencer moved that the Council approve the by-laws of the Board of Adjustment. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. COMMUNICATIONS Petition requesting City water to Air Park Road south of Indian River Boulevard - City Clerk Kinsey read the statement on the petition which had 13 signatures. She said that Terry Wadsworth had given her a copy of a drinking water chemical analysis which was run by the Department of Health and Rehabilitative Services on a private well next to the old landfill and the test indicated there was no shallow aquifer contamination from leachate of the closed landfill. She noted that Terry is planning to meet with the Council and engineering firm to review a five-year plan. Mayor Ledbetter asked if the findings were that there was no contamination from the landfill and City Clerk Kinsey confirmed that was right. Councilman Spencer moved that the Council receive the petition and defer action until the City has a plan that can accommodate water for the people outside of the City and they're not in the position to do that at the present time. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Claude and Valerie Reed, 2000 Air Park Road, came forward and said they have to carry water because their water is completely contaminated. Mr. Reed said they'd had three wells drilled and the clipping from the newspaper sated if the water isn't suitable, the City will provide the water. He added that their water is black and this well is 118 feet deep. Mayor Ledbetter pointed out that the clipping states that the City will provide water if it's contaminated. Mrs. Reed said the County test came back with a score of "3" which is comparable to septic tank water, and the test on the shallow well on the property doesn't show contamination. Mayor Ledbetter pointed out that DER compelled the City to put a test well in there for three to five years and the sampling of the test wells will be taken by the Health Department at regular intervals. He added that this is the first complaint he's heard since the landfill was closed. He said he kno~other areas have water problems and asked if they were familiar with the area when they bought there. Mr. Reed said they were not familiar with it. Mayor Ledbetter said he saw no proof that the City is at fault with the contamination. Mrs. Reed said they're willing to pay the fees to get the City water. Councilwoman Bennington said she didn't see how they could say it's contaminated and the Utilities Superintendent would say it1s safe. Councilman Spencer said Mr. Wadsworth was reporting on the tests performed and they were based on tests for human consumption. He suggested they convey this information to Mr. Wadsworth. Mrs. Reed said they have had elaborate water conditioning systems and the water is still not good. Mayor Ledbetter read from the clipping that the county officials and health department would work with the City in refusing well permits in questionable areas. Councilman Spencer suggested that Terry Wadsworth check into this and report back to Council. Mayor Ledbetter added that they'll take it under consideration. Attorney Judson Woods re: Request to vacate 5 foot utility easement, Lot #17, Silver Ridge Subdivision - City Clerk Kinsey read the February 20th letter from Attorney Judson Woods which requested vacating of a 5 foot utility easement on the south side of the property. City Clerk Kinsey said she had the five department heads check this and they found no use for it to the City. Councilman Spencer said he looked at it and there1s a utility pole on the left hand corner and a service drop to the house and a guy wire and anchor from the pole to the middle of the easement. He added that he didn't see how they could vacate the easement. City Clerk Kinsey said it's the City's easement and not Florida Power & Light1s. Councilwoman Bennington asked if it runs the entire block and Councilman Spencer pointed out the location on the small map. Mayor Ledbetter suggested they find out the specific reason for the easement or leave it intact. Councilwoman Bennington moved to TABLE this until they have more infor- mation as to why they want the easement vacated. Councilman Spencer seconded the motion. Motion CARRIED 3-0. -5- Council Regular Meeting Minutes June 4,1984 o o ORDINANCES AND RESOLUTIONS Ord. 84-0-8 Renewing Cable TV Franchise - Mr. Mike Lisman, Vice President of Operations of Cablevision Industries, asked to approach th~ exhibit and update it. Mayor Ledbetter called a five-minute recess at 8:40 P.M. Mayor Ledbetter called the meeting back in session at 8:46 P.M. City Attorney Alvarez stated that the ordinance was read earlier and it's subject to Council IS action. Councilman Spencer moved that Council adopt Ordinance 84-0-8 with the letter that has been read into the record dated May 30th from Michael Lisman, Vice President of Operations of Cablevision, and with the map that has been upgraded as an attached exhibit, and with the notes that were made by the recording secretary regarding a limited number of streets, and the appropriate City officials be authorized to execute the agreement. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Ord. 84-0-9 Amending side yard and corner lot setbacks in B-2, B-3, B-4 and R-4 districts- City Attorney Alvarez read this Ordinance. Ord. 84-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01,606.02,606.03, and 603.01 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY: INCLUDING CORNER LOT SETBACK REQUIREMENTS; PROVIDING FOR CORNER LOT SETBACK DIMENSIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that these recommendations were from the Planning and Zoning Board. Councilman Spencer moved that Council adopt Ordinance 84-0-9 on its first reading. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. Res. 84-R-28 Accepting donation from Rotary Club of Edgewater, Inc. consisting of a building for housing Edgewater Fire and Emergency Rescue Force - City Clerk Kinsey stated that based on a conversation she had with Mr. Gary Butt of the Rotary Club earlier that day in which he advised that their attorney has recommended some changes, she recommended this be tabled until they hear from Rotary's attorney. Councilwoman Bennington moved to TABLE this. Councilman Spencer seconded the motion. Motion CARRIED 3-0. UNFINISHED BUSINESS John Gross re: Vacating of the Strand and relocating Gabardy Canal - City Clerk Kinsey read the May 29th letter from Mr. John Gross. Mr. John Gross came forward and asked where they stand on the Strand. City Clerk Kinsey said the City Engineer had submitted a letter regarding this. Mr. Gross asked if she got a letter that day from the City Engineer and City Clerk Kinsey said the letter was dated May 17th, and she read from that letter from Gerard Ferrara. Mr. Gross said he was told that there was a letter that day and he couldn't understand why there were lies and deceit regarding this matter. Councilman Spencer asked about the statement regarding lies,and deceits concerning our City staff. Mr. Gross said he was told by Mr. Ferrara and City Clerk Kinsey's office that he sent a letter saying that 10 feet on each side of the roadway was sufficient. Mayor Ledbetter stated that held talked with Mr. Ferrara the past Friday and he under- stood that there was a letter for the 40 foot also. City Attorney Alvarez noted that they're referring to lies and deceit, and if it exists, it needs to be proven in a court of law. He said this is the result of Council IS doing the man a favor in vacating the Strand, and the Council has to think of this so there isn't a problem with moving the streets later on. He added that the Council doesn't even know what Mr. Gross plans to build there and Mr. Gross has been told by the City Engineer that they won't accept deeded from pavement edge to pavement edge. Mr. Gross asked that this be put in writing. City Attorney Alvarez reviewed the previous file, including the letter from Frank Marshall, and said he was told that one of the property owners wouldn't give a right of way. Mr. Gross said the property owners told him theyld give him the easements for utilities, and asked Mayor Ledbetter if the 10 foot is acceptable. City Attorney Alvarez said that would be up to the City Engineer. Mayor Ledbetter said that when he voted on this he didnlt know it would be pavement edge to pavement edge but held agree on a 40 foot easement which would include the pavement. Mr. Gross said he's going by what the survey calls for and Mr. Ferrara told him that 10 foot would be acceptable. City Attorney Alvarez pointed out that an easement for a particular use only is limited but if the City would want to build a sidewalk or bike path or something else in the future, the engineering department requested a right of way. There was a discussion about past rights-of-way in that area. Councilman Spencer agreed the City should have a right-of-way so the City owns the property and could use it in the future. -6- Council Regular Meeting Minutes June 4, 1984 o o UNFINISHED BUSINESS (Continued) Mr. Gross said he's supplied everything he was asked to but if he has to buy the property and have an easement, he'd just be turning it over to the City. He added that he feels there was a misunderstanding all the way around. He said Frank Marshall had told him that a 10 foot easement for utilities was needed and asked if this could be an easement and use it for a sidewalk or whatever. Councilman Spencer said they want it consistent with other City rights of way. City Clerk Kinsey read the memo from Frank Marshall to City Attorney Alvarez which recommended a 5 foot offset west of the paved road and a 50 foot wide right of way, and did not recommend accepting less than 30 foot right of way. City Clerk Kinsey then read the May 17th memo from Gerard Ferrara which recommended a right-of-way of 50 feet which would include the existing roadway and fifteen feet on each side. City Attorney Alvarez said he'd talked with Mr. Ferrara that afternoon and was told that he would consider a 10 foot right-of-way on each side, or a 40 foot right-of-way, but Mr. Gross's latest request is to allow him to build with a property line of zero setback. Mr. Gross said he talked with the property owners and they said they'd get a utility easement but asked why it wasn't discussed when it was voted on. City Attorney Alvarez stated that the record is clear when they passed it and he'd asked Frank Marshall at the meeting about the easements, and the following morning he checked the deeds and they were the same that were adopted at first reading and none was given with the right of way. Mr. Gross said he didnlt hear what was asked of Frank Marshall at the meeting because he has a hearing problem. City Attorney Alvarez said he needs to follow the proper procedure and apply to the Planning and Zoning Board for a variance. Mr. Gross said he didn't think it's 50 foot anywhere along Riverside Drive, and there's a 30 foot bridge and they couldn't put a sidewalk there. Mayor Ledbetter told Mr. Gross that he needs to deliver to the City a 40 foot right-of-way with the 10 foot on each side. Mr. Gross said if it's a 30 foot setback, he needs the privilege of using the right of way as an easement. Councilman Spencer stated that Council can't change rules on setbacks. Mr. Gross said they couldn't sell the property again without problems if they give the 10 foot, but an easement should be legal. Councilwoman Bennington said she'd agree with the 40 foot right-of-way if the City Engineer agrees. Councilman Spencer said held like to know the right-of-way for the rest of Riverside Drive. Mr. Gross suggested they hold a workshop with the City Engineer and Mrs. Hance and Mr. Lee and him regarding this and said he needs the 10 foot on the east side and wants an easement instead of a right-of-way. City Attorney Alvarez stated that this matter should not be discussed by Council and it needs to go to the Planning and Zoning Board, and told Mr. Gross that he's engaging in lies and deceits and the City staff and Council have spent a lot of time and he didn't feel he should spend any more time researching this for a private individual. Mr. Gross asked if there's a reason why they can't legally say they can own the land and give the City the right for a sidewalk. City Attorney Alvarez suggested he talk with his own attorney. Mr. Gross said he's spent about $3,000. going along with what the City asked him to do and he asked Mayor Ledbetter why the City can't accept an easement with him being able to use it for a setback as DER stopped him on the back of the property so heeds the 10 foot for a setback. Mayor Ledbetter stated again that all that's needed is a 40 foot right-of- way with the existing pavement and 10 foot on each side of the pavement. Mr. Gross said he now has to convince Mrs. Hance and Mr. Lee that they haven't been discriminated against. Mayor Ledbetter said they could call a special meeting with the City Attorney and City Engineer. Mr. Gross asked if the City can get what it wants with an easement and Mayor Ledbetter replied that the easement gives the right to put something on that property and maintain it but it doesn't give the City anything. Mr. Gross said that Mr. Lee is down to the legal lot line now and it'll take value from his property if he gives the 10 foot but he'll give an easement. Mayor Ledbetter suggested to Mr. Gross that he talk with the other people about the 10 foot and Mr. Gross said they'll only give it as an easement. Mayor Ledbetter asked if they'll assume the liability for someone walking down the sidewalk on that easement and beinq injured. -7- Council Regular Meeting Minutes June 4, 1984 . o o UNFINISHED BUSINESS (Continued) John Gross re: Vacating of the Strandand're10cating Gabardy Canal (continued) - Mr. Gross said he'd buy the lot and the City could work with him to straighten out the canal and he'd give it to them. Mayor Ledbetter said he doesn't gamble with another man's deck. Mr. Gross asked if there were any objections to his moving the canal. Councilman Spencer said he saw no reason to move it. Mr. Gross said the City's boundary line is 100 foot into New Smyrna Beach, and moving it would mean more taxes for Edge- water. Mr. Gross then reviewed where he felt the canal was previously. Councilman Spencer said he didn't care where the canal used to be but if there's a problem, he wants it straightened out. Mr. Gross said this will have to go to court because it moved 100 foot to the north. Mayor Ledbetter stated that moving the canal would be out of this Council's realm. Mr. Gross stated that he'll take it up with DER and other agencies. Councilwoman Bennington said the Council will consider it when he gets all their permits and cleared everything. Mr. Gross said he has to get permission from the Council first that they have no objection to it and added that he owns all of the property. He noted that the tax office says it's in Edgewater and New Smyrna Beach said they come to 100 foot within the Edgewater boundaries. Councilwoman Bennington moved to TABLE this until they get all the information that Mr. Gross was told they need. Mr. Gross asked that this be put in writing as to what is needed. City Attorney Alvarez again stated that Mr. Gross is coming to the Council and bypassing Planning and Zoning and the administration and is confusing the Council and he feels this is deplorable. Mr. Gross said he felt it's deplorable to wait four months. City Attorney Alvarez said Mr. Gross just doesn't want to follow the rules. Councilman Spencer seconded the motion to table. Mr. Gross asked to put it in writing what they want. Councilwoman Bennington called for the question on the motion. Motion CARRIED 3-0. Mr. Gross again asked what information they want. Mayor Ledbetter said moving the canal is a lot of paper work and unless they do it in a legal matter, he wants no part of it, and the north City limits is the canal, and he doesn't know that the canal was ever moved. Mr. Gross suggested he look at the surveys. Mayor Ledbetter said they'll turn it over to the City Engineer to review it and inform the City Clerk what's needed. Mr. Gross asked Mayor Ledbetter to tell Mr. Ferrara to talk to him. Volunteer to be Code Enforcement Officer - Mayor Ledbetter stated that at the last meeting Frank Opal offered his services to the City as Code Enforcement Officer free of charge except for gas money that he incurs. Councilwoman Bennington said there's a letter also from William Cichewicz who's interested in the position for mileage and expenses only. Mr. Frank Opal said since two weeks ago, he's studied the problem and he finds it's an uncomfortable situation and he'd be stepping on a lot of toes and he finds that funny since Council is the one who's fully responsible for everything that happens. He added that he'd be the scapegoat and the man who the lawsuits would be filed against. He stated that the Building Offica1 should cover the code and if he doesn't do it, it's the responsibility of Council. He said his intentions were good but why bother, and he thanked Council for the opportunity. City Clerk Kinsey read the May 31st letter from Mr. William Cichewicz. Councilman Spencer noted that they'd requested the City Clerk/Administrator to advertise and she and the Building Official are preparing a job description and they should proceed in that manner. He added that there are other areas in the City where they can use volunteers. ADJOURN Councilman Spencer moved Meeting was adjourned at Minutes submitted by: Lura Sue Koser ATTEST-: r 71t) - t: b1U~l +- COUNCI ~' -8- Council Regular Meeting Minutes June 4,1984