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03-05-1984 - Regular J o Q CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 5, 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 Present Present Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Present Present Present Present Reverend Harvey Hardin gave the invocation. There was a salute to the flag. APPROVAL OF MINUTES Special Meeting of February 13,1984, 1:00PM - Councilwoman Bennington moved to approve the minutes of February 13th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Regular Meeting of February 20, 1984 - Councilman Spencer moved that Council approve the minutes of the regular meeting of February 20th. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of February 23, 1984 - Councilman Wargo moved to adopt the minutes. Councilman Spencer and Councilwoman Bennington seconded the motion simultane- ously. Motion CARRIED 5-0. Special Meeting of February 27, 1984 - Councilwoman Bennington moved to approve the minutes of February 27th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilwoman Bennington moved to pay the regular bills and accounts. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter noted that there's a supplement to the bills and accounts, one to Diversified Electronics for Civil Defense and one to Roto Rooter from Wastewater. Councilman Asting moved that they authorize payment of the services for the Roto Rooter. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Wargo moved to pay the bill for crystals for Diversified Electronics. Councilwoman Bennington seconded the motion. Mayor Ledbetter pointed out that according to the memo from Mr. Vandergrifft, he had ordered these quite awhile back and voided the purchase order. Councilman Asting asked the date of the purchase order and City Clerk Kinsey said it was December of 1982 and the purchase order was voided. Councilman Asting noted that Mr. Vandergrifft should have obtained a new purchase order for this and asked if held applied fora new purchase order when he received the merch- andise. City Clerk Kinsey said he brought the bill in and said he had the crystals. Councilwoman Bennington pointed out that Mr. Vandergrifft should be told that Council won't authorize payment like this anymore. Mayor Ledbetter noted that this is the second time it's come to Council to buy the material and then get a purchase order. City Clerk Kinsey stated that Mr. Vandergrifft does have a copy of the Purchasing Manual. Motion CARRIED 4-1. Councilman Asting voted NO. Councilman Asting pointed out that he could take the crystals back and then order them in the proper manner. MISCELLANEOUS Mr. Walter E. Schofield, 2314 Kumquat Drive, said he has the petition that has been circulating and he read the statement on the petition which requested Council postpone their decision to terminate Chief Earl Baugh until August 15, 1984 to allow him time to implement necessary changes. He stated that they want Council to correct errors and more than 948 residents had signed the petition. He said the Tucker report was used for the wrong reason as after spending $4,200. they used it for the basis of firing Chief Baugh. He stated the second error was the lack of thought and arrogant use of taxpayers I money to hire an interim Chief and pay him $2,755. a month, which is $33,000. a year compared to $18,000. paid to Chief Baugh. He pointed out that Council is paying lodging cost of $265. a month plus utilities and telephone and $125. a week for meals. He said Chief Baugh welcomed the audit because he thought it would help him and the Police Department. He read the editorial from the February 26th issue of the Sentinel Star. He said Council should rescind their previous action and reinstate Earl Baugh as Edgewater's Police Chief. ~ o MISCELLANEOUS (continued) Mr. Walter E. Schofield (cont'd)- Councilman Asting moved that Council reinstate Earl Baugh as Chief of the Edgewater Police Department and that he be given the oppor- tunity to implement the recommendations of the audit. He said this reinstatement should become effective March 15th. Motion DIED for lack of second. Mr. Charles Barton, 1324 Travelers Palm Drive, said Mr. Messner of the cable TV company came to see him that day and he was told that in order to have cable TV on a street they have to have 100 homes on the line which is a problem for those north of Indian River Boulevard. He said he was also told that Cablevision would cut that down to 50 homes. He said he traveled for a mile from 12th Street on Travelers and only counted 30 homes. He stated that he hoped they have the foresight to consider the growth in the City and if they don't, Council shouldn't sign another agreement. Mayor Ledbetter said they haven't lived up to the promises made by the cable TV and Mr. Messner from cable TV would be on the agenda later that night. Mr. Walter Gross, 909 Lake Avenue,reminded Council that this was the third time he's requested pagers for the Rescue squad and he doesn't want it to be too late because they might need the unit. He said it's the one they requested for $1,700. and asked Council to consider it in the near future. Mayor Ledbetter said they intend to do that. Mr. Bill Muller, 17 Wildwood Drive, said he feels the same as Mr. Schofield about the firing of the Chief and said 948 is a lot of voices for Council to ignore. He said there is an Edgewater ordinance regarding trailers, mobile homes, and boats which are not permitted to be parked in driveways and he said in riding around the City, he found 28 violations. He stated that he had three complaints that day from Councilman Wargo and asked why he's being harrassed to this point. Councilman Wargo stated that he chose not to answer. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilwoman Bennington said the Council and board members had received a pamphlet from DBCC on a seminar and she's going to a meeting on March 15th and could take any information if Council had any suggestions. Councilwoman Bennington pointed out that she's on the Intergovernmental Relations Committee of FLOC and she received a notice on a conference in Orlando from April 4th through the 6th and she'll put a copy in the mail boxes for Council members. Councilwoman Bennington said she went to the County Council to request aid in paving Mango Tree Drive and they'll pay half of the estimated cost of $34,000. which would include leveling and resurfacing from 12th Street to Park Avenue. She added that the City would have to pay the other 50%, and she'd checked the budget with the City Clerk and Superintendent of Public Works and there's approximately $35,000. for resurfacing. She moved that they pay their half and get Mango Tree Drive paved. Mayor Ledbetter suggested holding up on this because Mango Tree Drive is shared with the County for themto haul shell from the shell pits and there are other streets in the old part of Edgewater that are in more dire need of resurfacing. He said he didn't want to use taxpayers' money there and have trucks haul shell over it. Councilwoman Bennington pointed out that there are several streets being paved by the Community Development Block Grant and Mango Tree is also used by the City trucks. Mayor Ledbetter said the streets being paved under the Block Grant have to meet a certain criteria and be in a certain income bracket and some would not qualify for this. Councilman Spencer said there are many streets that need paving in old Edgewater and Florida Shores and Councilwoman Bennington's proposal has merit since the County will pay $17,000. He proposed that the City Clerk/Administrator, with the Superintendent of Public Works, prepare a list of the streets in the worst shape and Council can tackle them first. Mayor Ledbetter said he'd like to see the money used to resurface some of the streets it was budgeted for and if there's any money left, they could pave Mango Tree Drive. Councilman Asting said several streets between Riverside Drive and U.S.l are supposed to be paved but the $17,000. could be better utilized by paving other than the commercially used streets. Councilwoman Bennington pointed out that our own trucks are also using them and tearing them up. Motion DIED for lack of second. -2- Council Regular Meeting Minutes March 5, 1984 u o COUNCIL/OFFICERS REPORTS, BOARDS & COMMITTEES (Continued) Council Reports (conti d)- Mayor Ledbetter suggested Council sit down with the Super- intendent and pick out the streets that are in dire need of resurfacing. Councilwoman Bennington pointed out that the money is available from the County if they decide to do it later. Councilwoman Bennington said the Recreation Board submitted a cost estimate for a bike path from Wildwood to Flagler of $7,500. for 7/10 of a mile for a four foot wide bike path but they have to get a right of way from the County. She said the County will give the City the right of way if the City will put in the bike path and the City will have to fill in a usage permit. She added that there's money in the recreation budget. Mayor Ledbetter asked if she wanted a workshop to discuss this and Councilwoman Bennington said yes. Councilman Spencer asked the City Clerk/Administrator to schedule a workshop of Council for that subject and the selection of the streets to be resurfaced. Councilman Spencer asked the City Clerk/Administrator to request the Chairman of the Planning and Zoning Board to submit a report to Council for the next meeting on the status of the Comprehensive Plan Revision Committee, as to what work has been done and how they're progressing. City Attorney Reports - City Attorney Alvarez stated that there1s a new lawsuit involving the Jurgeson property which is an old deed dated back to 1951 and added that there's been a long history of controversy on this and past research by other City Attorneys. Mayor Ledbetter stated the deed was given after the man was out of office and the question was if he could execute the deed. Councilman Wargo moved that they authorize the City Attorney to defend the case because there are several thousand dollars involved in back taxes in this case. Councilman Spencer seconded. Motion CARRIED 5-0. City Attorney Alvarez said there was a suit filed in Federal Court with five counts on the Berman case. He said the first count was violation of the procedure of due process, the second count was violation of the anti-trust law based on a conspiracy theory, the third count was interference with the business, the fourth count was interference with the right to contract, and the fifth was slander and defamation against individual officials of the City. He said motions to dismiss were filed and arguments were heard before Judge Reed and he received an order from the court last Wednesday that the last four counts were dismissed so only the first count remains. He said helll proceed to answer the first count. City Attorney Alvarez said a motion for a new trial and for a rehearing has been filed regarding the Montesano case and they're pending before the courts. City Clerk Reports - City Clerk Kinsey said she'd distributed copies of David Garrett's 90-day evaluation and based on the evaluation, she wanted to recommend that he be removed from probation and become a permanent employee effective February 28, 1984. Councilman Asting so moved. Councilman Spencer seconded the motion. Councilman Wargo questioned why some items were rated with a IIthreell. City Clerk Kinsey pointed out that allthreell is average and she didn't feel he was below average during the first 90 days of his tenure but he needs a little more time to get acquainted. Motion CARRIED 5-0. City Clerk Kinsey said Terry Wadsworth and Frank Marshall have requested a special meeting and workshop with Council to discuss the Wastewater grant application that is nearing deadline date and they1re suggesting 1:00 on Wednesday in the Community Center or 10:00 on Thursday in Council chambers. Councilman Spencer said held prefer it be on Wednesday. as he won't be available on Thursday. Council members agreed to 1 :00 on Wednesday for the meeting. Councilman Spencer pointed out that they need a statement of inclusion and requested the City auditor be present at this meeting as he felt it would be helpful to Council. City Clerk Kinsey noted that three employees have received certificates for receiving their licenses and she congratulated Dennis Norman for a Class B Wastewater Plant Operator's license; Robert Deloach for a Class B Water Plant Operator's license; and Terry Wadsworth for a Class A Water Treatment Plant Operator's license. She then read the letter that came with the certificate dated February 22nd which stated that Mr. Wadsworth was the highest scorer in the state on the level A Water Treatment Plant Operator's examination. Councilman Spencer asked that Mr. Wadsworth be congratulated by the City Clerk/Administrator on behalf of the Council. -3- Council Regular Meeting Minutes March 5, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (cont'd) - City Clerk Kinsey said she had a memo from David Garrett regarding the architect's proposals for plans for expanding Police facilities, City Hall and facilities for Rescue. She noted that the estimates are running approximately $20,000. for the entire project, and they'll have to advertise for bids if Council wants to pursue the project. Councilwoman Bennington said she felt the estimate is extremely high. Councilman Spencer moved that the City Clerk/Administrator be authorized to advertise for actual bids to do the architectural work on those three phases, but that it be done so if they wish to include a certain phase or not, they can deny it. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. Frank Marshall, Part-Time City Engineer, Proposed Agreement - City Clerk Kinsey read the February 27, 1984 letter from Frank Marshall requesting continuation of his agree- ment and an increase from $32.50 to $40.00 per hour. Councilman Asting moved to grant the City Engineer the rate increase from $32.50 to $40.00 an hour. He added that he thinks Mr. Marshall has proved his value to the City in stormwater and other areas requiring the expertise of an engineer. Councilman Spencer said he agreed with Council- man Asting's statements and he seconded the motion. Councilman Wargo asked where the money would come from and if it's available. Mayor Ledbetter said he'd like to see this tabled for a workshop meeting since there's an ad in the papers for a consulting engineer, and Mr. Marshall has submitted a bid for it. City Attorney Alvarez asked if they're advertising for a consulting engineer as a replacement for Briley, Wild and Mayor Ledbetter said yes. City Attorney Alvarez pointed out that the agreement with Frank Marshall is subject to State requirements for the Consultants Competitive Negoti- ations Act which pertains to City Engineers. He said he didn't feel the way to prepare an agreement was to enter into it for a year or amend it on a motion. Councilman Spencer noted they're hiring Frank Marshall as a part-time City Engineer to do those kinds of engineering to be done on site and wouldn't require a large consulting firm and this was done with the full knowledge of Briley, Wild and they'd done the same thing when they hired Sam Tucker. He added that they entered into an agreement for a probationary period and it's different from advertising for a consulting engineer to do major project work. Mayor Ledbetter pointed out that under Ordinance 400, Frank Marshall couldn't do the rehabilitation of the lift station. Councilman Spencer said Ordinance 400 states that work shall be approved by a consulting engineer. City Attorney Alvarez said the agreement has to be renegotiated and it should come back from administration as an item for Council to consider and make sure it complies with the Competitive Negotiations Act. He noted that the agreement expired February 21st with a continuation for 30 days. Councilman Spencer said they have negotiated with him and they need to ask him to redraft it. Councilman Asting withdrew his motion and Council- man Spencer withdrew his second. Councilman Asting moved that the City Attorney draft a new resolution concerning the re-engagement of the City Engineer and incorporate the condition for the salary increase in the new agreement. Councilman Spencer seconded the motion. Councilman Wargo again asked where the money would come from. Councilman Spencer reviewed the discussions held when the part-time City Engineer was hired and pointed out that $40.00 an hour is substantially less than the average of $60.00 an hour from Briley, Wild and that was in the budget. Councilwoman Bennington said they hired Frank Marshall on the pretense that it would cut down on engineering fees from Briley, Wild and asked if a figure on the comparison was available. City Clerk Kinsey said the figure could be obtained. Councilman Spencer said he'd checked this and the billing from Briley, Wild for January and February was substantially lower. Council- woman Bennington asked the City Clerk/Administrator to get the figures for them to have a comparison from the time they hired Frank Marshall and put it in the mail boxes for Council. Councilman Wargo said there was a maximum amount involved and if Mr. Marshall didn't work the hours in one week they'd extend it to another week, and said he felt they should talk to Mr. Marshall as a Council to have an understanding. Motion CARRIED 3-2. Councilman Wargo and Mayor Ledbetter voted NO. Councilwoman Bennington said they should have a meeting with Frank Marshall when the agreement is drawn up. City Attorney Alvarez said drawing up is no problem, but the City has an agreement with Briley, Wild that requires written notice of cancellation and if the City is advertising for a possible replacement, they need to be notified. He added that if Frank Marshall prepared the specifications they need to explore the possibility of a situation of bidding on specifications prepared by in-house staff. -4- Council Regular Meeting Minutes March 5, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning & Zoning Board Request to Rezone Property on Guava and Hibiscus from 20th to 30th Streets from B-2 to 1-1 - City Clerk Kinsey read the February 27th memo from Mr. Don Bennington, Chairman of the Planning and Zoning Board. Councilman Spencer said he agreed with Planning and Zoning and he moved that the City Attorney draft an ordinance to change that zoning and that a public hearing be scheduled so that all interested parties can have an opportunity to indicate their agreement or disagreement. Councilwoman Bennington seconded the motion. Councilman Wargo asked if all abutting property owners need to be notified. City Attorney Alvarez said he questioned if the rezoning request is to benefit the mini-warehouses or if it's to public benefit, but that it could be cleared up in the public hearings. Councilman ..?- Spencer pointed out that there were exceptions made for that area and the City has very limited industrial area. City Attorney Alvarez said the specific procedures for zoning are set forth in the Charter and if it's over 5% of the land, it's mandated by State Statutes and the notification process is there. Councilman Wargo said his concern is that it encompasses twenty City blocks and it's a big undertaking with a lot of concerned people that bought property in that area thinking they'd have no problems. City Attorney Alvarez agreed that it will take a lot of research and he is facing a large case load presently and he'd have to look at various things there, such as the overall plan for the City. He said that a public hearing at the Planning and Zoning level is indicated before this comes to Council for formal action. Mayor Ledbetter said he didn't want to get in the same situation as Alvarez Lane where only two or three people were notified. City Attorney Alvarez agreed that they can't be too cautiouson zoning matters. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilman Asting moved to have a five minute recess. Meeting was recessed at 8:22P.M. Meeting called back to order by Mayor Ledbetter at 8:36 P.M. Planning and Zoning Board Review of Alcoholic Beverage Requirements in Code - City Clerk Kinsey read the February 28th memo from the Planning and Zoning Board which stated the Board could not recommend to control this matter because the laws of the State of Florida will not permit it. COMMUNICATIONS Herbert A. Cooper re: South Waterfront Park Request for Water Line from City - City Clerk Kinsey read the February 3rd letter which requested a discussion with Council on the feasibility of installing a water line from the City to the area of Ariel Road on U.S. 1. Mr. Herbert Cooper, 201 Randle Avenue in Indian Harbor Estates, said hels the founder of a civic association in his park and was responsible for raising the money to build the water plant in Indian Harbor Estates. He said he negotiated with the County and they paid the County $350,000. to build a water plant and the water's not good. He said he wanted to talk to Council about running a pipe line from the City to Ariel Road, and if it's feasible he could present a plan at a later date. He said that next to Indian Harbor Estates is South Waterfront Park, which was developed by Mr. Ward, and they also have bad water. He added that they're ready to talk business on a financial situation. Mayor Ledbetter said several years ago the same proposition was offered to the City but therels something in the enabling ordinance that they can't extend the water line three miles from town, and a provision in Ordinance 400 prohibits the City from under- taking this venture. Mr. Cooper said held talked to them about annexation into Edgewater and he felt they might be interested. He said he raised $350,000. before and wants to present the plan. Mayor Ledbetter said he didn't object to talking \~ith them but held like the City Attorney to research Ordinance 400 to see if they're prohibited from running the line. He added that there's a meeting on Wednesday night at 8:00PM in the Community Center on annexation and they can come and present their case. Mr. Cooper noted that they have the money and the City has the water. Councilman Asting requested that Terry Wadsworth, the Utilities Superintendent, be present at the meeting. -5- Council Regular Meeting Minutes Ma rc h 5, 1 984 o o COMMUNICATIONS (Continued) Terry Messner - Group W Cable re: Proposed Amendment to Existing Ordinance - Mr. Terry Messner, General Manager of Group W, came forward to speak with Council. He introduced Mr. Michael Lisman, Vice President of Operations in the State of Florida for Cablevision Industries. Mr. Messner requested Council approval of three items. First, they wanted to exercise their option under the existing ordin- ance, 9A of #663, for the renewal of a 15-year term of the present franchise. Secondly, they requested the franchise fee be reduced from 10% of gross revenue to 3% to take place upon the expiration of the existing franchise on June 15, 1984. He said that FCC has ruled that at the expiration the maximum allowed for a franchise authority to levy is 3% but they'll allow 5% on the condition that the City show documentation to FCC that the 2% would be used for the express purpose of estab- lishing a regulatory agency within the City. Thirdly, he requested that the Council transfer the franchise to Cablevision Industries and the new operators would be sub- ject to all of the provisions of the franchise ordinance including the sections dealing with line extensions. He noted that he'd met with the City Clerk and she'd provided him with a list of the various problems that were known to her regarding line extensions and he'd met with the people either personally or by phone. He said the one area at South Riverside Drive and Boston Avenue would require engineering and he hadn't met with Cablevision on this yet. Mayor Ledbetter said he saw no problem with granting the change over to Cablevision as it's been done several times before, but the other items need some discussion and he recommended Council go to the expiration of the contract and then renegotiate. Mr. Messner said that Cablevision Industries has already agreed to continue to pay the City the 10% of the gross revenue right up to the expiration of the franchise so the City won't be out that revenue. He added that the transfer of the franchise to Cablevision would be necessary so they can come in and operate a business and they can't do that with just one year remaining on the franchise. Councilman Asting asked if the takeover of Group W by Cablevision would involve a rate increase for current users. Mr. Mike Lisman of Cablevision came forward and said he has no information of any rate increases being anticipated for this community at this time. He noted that Cablevision has nothing to do with the cable fee franchise reduction as FCC pre-empted that situation. Councilman Asting asked City Attorney Alvarez if he'd studied the proposed ordinance and if he found anything wrong with it. City Attorney Alvarez said held studied it and he cautioned Council that there's an ongoing legislative battle in Washington with bills going back and forth from the Senate to the House. He said he couldn't formulate a guideline for Council except to wait and let him consult with people in Washington. Mr. Messner said he's aware of the City Attorney's concern. City Attorney Alvarez noted that one bill has been passed only by a subcommittee on voice vote. Councilman Spencer pointed out that theyld not received any indication as to why they want to transfer to another company or the benefits to the City, and he noted that he receives complaints about lack of service to areas. Mr. Messner stated that Westinghouse had received an offer from Cablevision to buy the system in Volusia County and they accepted it, and they're exercising their option to renew as Group Wand the franchise term that's remaining is not acceptable to a buying company because banks will not loan. Councilman Spencer pointed out that this is a non-exclusive franchise. Mr. Messner said he under- stood that. Mr. Messner then said that he realized Group W didnlt make the line extensions but he feels Cablevision will do that. Mr. Lisman of Cablevision Industries said that they've already looked at the community as to where they can expand the service. Councilman Spencer asked Mr. Lisman if any expansions are scheduled for Edgewater and Mr. Lisman said they're conducting surveys now and becoming exposed to expenses before they actually own the company, and he's got one approval to do a develop- ment in Edgewater which should have been done before. Councilman Asting asked if they could authorize section 2 without voting on the entire proposed ordinance. City Attorney Alvarez suggested they handle the ordinance as a whole and perhaps a special meeting for this purpose could be designated. Mr. Messner said if they change the present FCC maximum franchise fee they wouldn't suggest that Council not be able to benefit from the legislation. Mr. Lisman said he'd ask Mr. Alexander to incorporate that in a memo. -6- Council Regular Meeting Minutes March 5, 1984 o o COMMUNICATIONS (Continued) Terry Messner - Group W. Cable re: Proposed Amendment to Existing Ordinance (cont'd)- Mr. Charles Barton, Travelers Palm, asked Mr. Messner when the last time was that they strung a wire in Edgewater. Mayor Ledbetter noted that they put one right through his orange tree. Mr. Messner said it was February of 1983. Mr. Barton asked Mr. Lisman when they'll string a wire if they get the contract. Mr. Lisman said the transaction between Group Wand Cablevision should consummate on June 1st of this year and in the interim period they'll be doing the surveys to determine how far they have to go and how many people are interested. Councilman Wargo moved to have a special meeting and workshop in the near future after the City Attorney does his research and they do their surveys and determine where they're going to go.. Mrs. Joan Strong, from the audience, said that bank payments for cable were not being picked up on a regular basis from the bank and people were having their service cut off and then were required to pay another fee to have it turned on. She said she talked to a girl at the bank and she told her that it's only picked up every two or three weeks. Mr. Messner said a technician is supposed to stop daily to pick up the bag and it's 35 days before they start their disconnects. He said held check into the matter immediately. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Nu-Day Realty re: Offer of Land for City Purchase - Councilman Wargo said if the City has $60,000. to buy land, he'd recommend the land that New Smyrna Beach owns. City Clerk Kinsey read the February 24, 1984 from Nu-Day Realty which offered a piece of property adjacent to the racquetball courts of the City for a price of $60,000.00. Mayor Ledbetter suggested they send a letter thanking them for the opportunity but at the present time the City would not be interested. Reverend Harold Symons of Edgewater United Methodist Church re: Request to use Menard Park for Easter Sunrise Services - Mayor Ledbetter stated that this request has been granted before and he recommended that Council grant it again. Councilman Spencer moved that the request be granted. Councilman Asting seconded the motion. Councilman Wargo declared a conflictof interest as he is a member of the church. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 84-0-4 Amending Section 1302.5(g)(1) and (2) of the Building Code - City Attorney Alvarez read this Ordinance. Ord. 84-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 1302.5(g) REGULATIONS GOVERNING THE FLOOR HEIGHT OF BUILDINGS IN THE CITY OF EDGEWATER, PARAGRAPH- 1 AND 2, OF THE BUILDING CODE OF THE CITY OF EDGEWATER; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez pointed out that this ordinance goes back to the original 12" and gives the board and the Building Official the latitude to make necessary compensation by regulating heights to be proportionate to surrounding areas. Mayor Ledbetter said this is the same ordinance that came before Council about two years ago. Councilman Spencer stated that he felt it was long overdue and it con- tains a section providing that the Building Official has the authority to order swaling or berming or whatever is required. Councilman Spencer moved that Council adopt Ordin- ance 84-0-4 on its first reading. Councilman Asting seconded the motion. Councilman Wargo pointed out that the present ordinance calls for 16" and gives the Building Official the latitude of determining whether the heights are too high and now they're going to drop it. He added that he hadn't heard a logical reason why they're doing this, and he feels they're asking for trouble. City Attorney Alvarez reviewed the past correspondence relating to this subject. Mr. Frank Marshall, part-time City Engineer, said they have varying situations where a neighboring house is too high and this leaves to the discretion of the Building Official to determine if it's high enough so the neighbors on both sides aren't going to be flooded out. Councilman Wargo again pointed out that the existing ordinance covers all this. -7- Council Regular Meeting Minutes March 5, 1984 o o ORDINANCES AND RESOLUTIONS (Continued) Ord. 84-0-4 Amending Section 1302.5(g)(1) and (2) of the Building Code (cont'd)- Mr. Marshall said the existing ordinance doesnlt say the Building Official can require the berming, etc., and held talked to neighboring cities and to Volusia County and their requirements are usually 16". City Attorney Alvarez pointed out that if the Building Official asks for a certain requirement and the builder disagrees, he could appeal to the board and then come to Council and the board needs to adopt some pro- cedures in conjunction with the Building Official. He added that the developers need a recourse. Motion to adopt Ordinance 84-0-4 on first reading CARRIED 3-2. Councilman Wargo and Mayor Ledbetter voted NO. Res. 84-R-14 Appointment to Board of Adjustment - City Attorney Alvarez read this Resolution.Res. 84-R-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution appointed Raymond Savini for a term to end August 6, 1985. Councilman Spencer moved that Council adopt Resolution 84-R-14. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Res. 84-R-15 Appointment to Parks and Recreation Board - City Attorney Alvarez read this Resolution. Res. 84-R-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. This Resolution appointed Louise Begel for a term to end May 7, 1985. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. UNFINISHED BUSINESS There was no unfinished business brought up at this meeting. NEW BUSINESS Opening of Bids for Motor Grader for Public Works Department - City Clerk Kinsey read the certification of bids received from Hood Tractor Co.; Superior Tractor Co.; Neff Machinery, Inc.; Mason Equipment Corp.; Volusia Ford Tractor Co. ,Inc.; Florida-Georgia Tractor Company; De Wind Machinery Company; Tampa Tractor; and Rozier. She opened the bids and read the totals: Hood Tractor - no bid; Superior Tractor - no bid; Neff Machinery, Inc.- 1 new John Deere motor grader at $59,422., less $4,422. trade in for a net total of $55,000.; Mason Equipment - 1 new Champion at $55,400., less $2,500. trade in for a net total of $52,900.; Volusia Ford Tractor - 1 new 1984 Ford - when opened this was a bid for backhoe loader but the envelope was marked motor grader so it was disqualified; Florida-Georgia Tractor - one Galion at $75,000., less $16,225. trade in for a net total of $58,775.; DeWind Machinery - 1 new Fiatallis at $62,175., less $7,500. trade in for a net total of $54,675.; Tampa Tractor - no bid; Rozier - 1 Cater- pillar at $67,108.,less $2,500 trade in, for a net total of $69,608. Councilman Wargo moved that these Works for him to ascertain if all to Council with a recommendation. CARRIED 5-0. bids be turned over to the Superintendent of Public bids conform with the specifications and come back Councilman Spencer seconded the motion. Motion There was a discrepancy noted in the bid from Rozier as the trade in amount was added rather than subtracted. Mayor Ledbetter said they should make a telephone call to the company for clarification. Councilman Asting said it looked like a clerical error. City Attorney Alvarez asked if they would accept or reject the bid. Councilman Wargo pointed out that the bid is still out of line with the rest of them and it probably wouldn't make any difference. Councilman Spencer moved that they should accept it as an obvious clerical error. Councilman Asting seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes March 5, 1984 o o NEW BUSINESS (Continued) Opening of Bids for Backhoe-Loader for Public Works Department - City Clerk Kinsey read the certification of bids received from Robinson Equipment Co., Inc.; Neff Machinery, Inc.; Hood Tractor Co.; M. D. Moody & Sons, Inc.; Florida-Georgia Tractor; Superior Tractor Co.; Tampa Tractor Co.; Mason Equipment Corp.; DeWind Machinery Company; Rozier; and one unidentified bid. She opened the bids and read the totals: Robinson Equipment - one Massey Ferguson at $21,416.89 which includes trade-in; Neff Machinery - no bid; Hood Tractor - no bid; Moody & Sons - unable to submit bid; Florida-Georgia Tractor - no bid and envelope not marked properly; Superior Tractor - no bid; Tampa Tractor - no bid; H. F. Mason - no bid; DeWind Machinery - no bid; Rozier - one JCB 1550 at $32,005.,less $2,000. trade in for a net total of $30,005.; and the unidentified bidder was Case Power and Equipment - one 580 Super E at $35,000., less $7,100. trade in for a net total of $27,900. Councilman Spencer moved that the City Clerk and her staff review these for conformation with the specifications and then meet with the City Council at the earliest opportunity. Councilman Asting seconded the motion. Councilman Wargo questioned the price on the Massey Ferguson and the trade in amount. A gentleman from the audience said that it was an allowance of $8,500. for the trade in. Motion CARRIED 5-0. Procedure for Handling Letters of Interest from Consulting Engineers - City Clerk Kinsey stated that the City received 22 letters of interest. Councilman Asting said these should be made available in City Hall for Council to review individually. Mr. Frank Marshall, part-time City Engineer, reviewed the procedure for establishing a committee according to the Consultants Competitive Negotiations Act to make sure everything has been submitted thatls required and to reject those that arenlt complete. He said the committee could select 5 or 6 proposals as those they feel are best qualified to provide services and then Council can invite them to make a presentation. Council could then narrow down to three firms and rank them in order of choice and enter into negotiations with the first choice. He added that if the first choice and Council can't come to terms, they would go to the second choice. City Attorney Alvarez asked how long this process could take. Mr. Marshall said they first have to select a committee to select a short list and possibly within a month they'll present something to Council. City Attorney Alvarez pointed out that Briley, Wild should be notified that it's Council's intention to terminate the agreement in case they aren't selected so they won't have to wait the 90 days for the notification process. Councilwoman Bennington said \~hen they decided to go out for this they notified Briley, Wild that they're considering termination. City Attorney Alvarez noted that there's a provision in the agreement that requires written notification. Mr. Marshall said presently anytime a construction cost is over $100,000. they have to go through this same process and he prepared a list of major projects so that the City won't have to go through this process again and the consultant will know what major projects will be expected of him. Councilman Spencer pointed out that Briley, Wild will be the engineers on the rehabilitation of the lift stations. Councilwoman Bennington said Briley, Wild needs to be notified that the City is terminating the contract, but they'll be considered. There was a discussion concerning the process for reviewing the letters of interest. Councilman Spencer pointed out that the volume of material submitted is a very sub- stantial amount. Councilman Asting suggested they be screened by Terry Wadsworth and Frank Marshall. Mr. Marshall said he couldn't do it because he had expressed interest. City Clerk Kinsey pointed out that Terry Wadsworth does not have time to do this alone. Mr. Marshall suggested Terry Wadsworth and one or two Council members to review them but Mayor Ledbetter said he didn't want to jeopardize a violation of the Sunshine Law. Mr. Marshall suggested a retired engineer in town who could help. Mayor Ledbetter said Mr. Wilkinson on Ocean Avenue had said held help so he could be contacted. City Attorney Alvarez said they could check around town for potential candidates for the committee. -9- Council Regular Meeting Minutes March 5, 1984 . o o NEW BUSINESS (Continued) Procedure for Handling Letters of Interest from Consulting Engineers _ Councilman Spencer said held like to volunteer to serve on the committee if Council would like him to do this. Councilwoman Bennington said she was going to suggest him for the committee. Councilman Soencer said it's not a small task and the committee would be responsible to narrow the list down to the top five. Councilman Asting moved that Councilman Spencer be the Council representative on the committee consisting of Terry Wadsworth and one other person to be named for the purpose of screening the engineering proposals for consulting engineers for the City and that they narrow the list down to five people and present this to the Council. Councilman Wargo called a point of order and said he doesn't want to give up his rights or responsibilities to the community. Councilman Asting pointed out that his motion doesn't restrict any member of Council from looking at the proposals anytime they want to. Councilman Wargo said he disagreed and it's the responsibility of each one to do it and they shouldn't delegate the authority or responsibility to anyone else. Councilman Asting withdrew his motion. Councilman Wargo said he thinks Council should sit down as a group and do their job. Councilwoman Bennington said she's in favor of a committee because she doesn't have the expertise to read it all. Councilman Asting said he feels the same as Council- woman Bennington. Councilman Spencer said he feels itls appropriate to do initial screening and every Council member has the opportunity to look at the proposals. Councilman Asting asked Councilman Spencer if he's an engineer and Councilman Spencer said yes. Mayor Ledbetter suggested that they have more than five applications for Council to review if they're going to have a committee. Councilwoman Bennington pointed out that there were twenty-two applications and the committee could narrow it down to eleven and then Council could narrow it down to five that will be interviewed by Council. Councilman Asting agreed with that. City Clerk Kinsey asked who would select the other member on the committee. Councilman Asting moved that Council appoint a committee consisting of Councilman Spencer, Terry Wadsworth, and John Wilkinson, for the purpose of reviewing the twenty-two engineering proposals received and that they narrow it down to eleven for Council consideration in selecting an engineering firm. Councilwoman Bennington seconded the motion. Councilman Wargo said he questioned the legality of this. Motion CARRIED 4-1. Councilman Wargo voted NO. City Attorney Alvarez said when the committee meets, if other members are present, it should be a public place and on a prearranged schedule. Councilman Asting pointed out that the Council Chambers should meet the criteria. Councilwoman Bennington moved to instruct the City Clerk/Administrator to formally notify Briley, Wild that they are terminating the services in the period of time required but theyl11 be included in the considerations. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned at 10:38 P.M. Minutes submitted by: " ~b 4-- q LIG() ~~ (/ ~J~ ~ Lura Sue Koser ATTE~ ~L~ ~~ CITY CLERK Approved this -10- Council Regular Meeting Minutes March 5, 1984 \ , FORM 4 NL;MORANDUM OF VOT~ CONFLICT , LAST NAME - FIRST NAME - MIDDLE NAME AGENCY Is unit of: DATE ON WHICH VOTE OCCURRED d//lA?GO # J!f';:'8t?(/~tV ~ r;e/l/V/< . o STA TE #/7.KC/I .5) /fy7' MAILING ADDRESS NAME OF PERSON RECORDING MINUTES #.2.-;-0'/lI~~ /?.o6~ 3?.CJ!3~ . J//l ~ (/.s /-l , OCOUNTY 5c/~ jCtl.5/l/C, CITY ZIP COUNTY ~NICIPALlTY TIT~ RECORDING MINUTES /~50C5~/9TK,e, .. ~O, ^. ..J.../Y.-^/ NAME OF AGENCY SPECIFY I &/TY Ct7(//1/C/~ OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: YoT.K 0 rtJ"f; ".FOG~CL//9/~1C l/M7E'o /o/6Tllo,L?fr.J/ e/(t/~c"tl /'0 (/SF /1'~#/);e.o 13~/lCfl- r-O~ ~I9STt=/C.- 5(//lI'~/S'e-. 5~,ey/C& 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are-retained: I /VClHE' 3. Person or principal to whom the special gain described above will inure: a.O Yourself b.O Principal by whom you are retained: (NAME) "Gm~#~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: i~ FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79