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02-06-1984 - Regular r .," . Q ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 6,1984 MINUTES Vice Mayor Bennington called the meeting to order at 7:02 PM in the Community Center. ROLL CALL Mayor David Lebetter Councilman Melbourne Wargo Vice Mayor Gigi Bennington Councilman Neil Asting Excused Present Present Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present Present There was a silent invocation and the salute to the flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION Vice Mayor Bennington opened the public hearing on Ordinance 84-0-1. Ord. 84-0-1 Amendment to Article III, Citizen Code Enforcement Board - City Attorney Alvarez read this Ordinance. Ord. 84-0-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING IIARTICLE III CITIZEN CODE ENFORCEMENT BOARD" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY: DELETING REFERENCES TO AN ALTERNATE MEMBER; INCREASING THE TIME FOR NOTICE OF SPECIAL MEETINGS FROM 24 TO 48 HOURS; AND PRO- VI!DING THAT COPIES OF SECTION(S) ALLEGEDLY VIOLATED AND THE BOARD PROCEDURES BE GIVEN TO AN ALLEGED VIOLATOR WHEN THEY ARE NOTIFIED OF A HEARING; CONTAINING A REPEALER PRO- VISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Councilman Spencer moved that the public hearing be closed. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that Council adopt Ordinance 84-0-1. Councilman Asting seconded the motion. Motion CARRIED 4-0. Ord. 84-0-2 Intent to Vacate a Portion of "The Strand"- City Attorney Alvarez stated that he hadn't received a survey that should have come as a condition of passage of this ordinance on second reading. He asked City Clerk Kinsey when she received the deeds. City Clerk Kinsey said the one was received about 3:15 that afternoon. City Attorney Alvarez asked where the deeds were for the other property owners and City Clerk Kinsey said she'd only received the documentation from the Lee family. City Attorney Alvarez noted that the ordinance was adopted on first reading subject to a survey and the deeds to be delivered. Mr. John Gross, Riverside Drive, said the one warranty deed was delivered Wednesday, and the survey was also delivered by Mr. Lee. He said that Mrs. Hance was out of town and just returned that afternoon and the attorney has her papers. City Attorney Alvarez stated that there was a plat provided but not a survey. There was a discussion as to just what was required. Mr. Gross noted that there shouldn't have been a warranty deed but should have been an indenture. The indenture had peen provided by Mr. Lee that afternoon. Mr. Gross stated that Mrs. Hance's quit claim deed would be delivered on Wednesday and asked if they could pass the ordinance subject to the deed being delivered on Wednesday. He also noted that Dan Cory had told him that was a survey that was required. Councilman Wargo moved to close the public hearing. Councilman Spencer seconded the motion. Motion CARRIED 4-0. I l Councilman Spencer said Council shouldn't take action until the proper documents are here and Council had been advised at the last meeting that all would be ready in advance of that night's meeting. Vice Mayor Bennington stated that when all the documents are submitted to the City Clerk they will schedule it for a Council meeting. Mr. Gross again asked what is required and City Attorney Alvarez said they need a survey with a legal description of that property which is the paved portion known as Riverside Drive, which crosses lots 14, 15A and 16A, and the survey needed to be done on the field. o o Ord. 84-0-3 Establish and Combine Planning and Zoning Boards City Attorney Alvarez read this Ordinance. Ord. 84-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AMENDING ARTICLE III, SECTIONS 14-31, 14-32,14-33, AND 14-34 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INTEGRATING THE ZONING COMMISSION AND THE PLANNING COMMISSION INTO ONE SINGLE ENTITY TO BE KNOWN AS THE "EDGEWATER PLANNING AND ZONING BOARD"; PROVIDING FOR MEMBERSHIP; POWERS, DUTIES, AND PROCEDURES; SPECIFICALLY REPEALING ORDINANCE 82-0-3 WHICH ESTABLISHED THE EDGE- WATER ZONING COMMISSION AND THE EDGEWATER PLANNING AGENCY; CONTAINING A REPEALER PRO- VISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Bennington opened the public hearing. Mr. Robert H. Christy, 1916 Evergreen Drive, spoke on State Statutes 166.031(5) and read from that section which referred to a unanimous vote being required to abolish municipal departments provided for in a municipal charter. He also referred to State Statutes 163.3174 (2) regarding ordinances establishing local planning agencies. and read from that section. He stated that the word unanimous was the key word. He said this hearing is illegal because the first reading was not by a unanimous vote, and they couldn't get a unanimous vote at this hearing because the Mayor isn't present. Mr. Frank Rowan, 2732 Juniper Drive, asked if there's a procedure for combining the boards. He said when there are two boards, there is a time span in which to investi- gate applications from the time it goes from one to the other. He asked if any other cities have a combined board. Mr. Frank Opal, Florida Shores, said he agreed with Mr. Christy regarding the unanimous vote, and he reviewed the procedure of two years ago when they separated the Zoning and Planning Board. He asked why they want to combine the boards and recommended they leave the boards as they are. He stated that the duplication of services referred to is hogwash, and the more people involved, the better it will be for the City. Councilman Asting moved to close the public hearing. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Vice Mayor Bennington asked City Attorney Alvarez if it is legal to combine the boards and City Attorney Alvarez said it is. Councilman Spencer said combining the boards would speed things up and there had been some undue hardships in the past due to going back and forth to the boards. He said he felt there were some overlapping responsibilities. He referred to the Code regarding the responsibilities of the two boards, and said combining will eliminate some of the confusion and enable applicants to get more direct answers. He added that he was only in favor of combining on the basis that all members on both boards who are currently in office will remain in office when appointing the new board. Councilman Spencer moved that Council adopt ordinance 84-0-3. Councilman Asting seconded the motion. Mr. Robert H. Christy called a point of order and said held just read from State Statutes. Vice Mayor Bennington stated that the Council IS legal advisor told them they are within their rights. Councilman Wargo stated he was opposed because he felt the more people involved in the community, the better informed the community is. Motion CARRIED 3-1. Councilman Wargo voted NO. City Clerk Kinsey requested Council permit moving item 10.A. regarding the firm of Brent Millikan's presentation on Proposition One up to this point. Councilman Asting moved that item 10.A. be moved up to that point in the agenda. Councilman Spencer seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Brent Millikan Firm re: Proposition One - Mr. Alex Kish of the Brent Millikan firm spoke to Council on some of the highlights of Proposition One and its effects on a munici- pality. He said that the question will be on the November, 1984 ballot and survey polls indicate that at this point most people would vote for it. He said the amount of money that can be raised for the City will be limited and the City will have to priortize. He added that the enterprise funds will be affected. He noted that if itls over two- thirds of the consumer price index or 5%, it has to be approved by the voters on a ballot. He distributed a copy to Council which reflected the figures and noted that 1983-84 will be raising about $585,000. more than allowed on Proposition One, and there would be an immediate drastic cutback. He added that when annexing property, they'11 assume the liability of the extra area but can't raise additional money for the extra services necessary for those areas. He said the citizens will have the option to increase or not increase the revenue by voting. He said if there's a cutback, they have to cut back on personnel or services and he felt the areas most important were pension funds and enterprise funds. He said he felt there would be a lot of litigation involved in the enterprise activities. -2- Regular Council Meeting Minutes February 6, 1984 ..." . ~ o Brent Millikan Firm re: Proposition One - Mr. Walter Gross, 909 Lake Avenue, asked to speak to Mr. Kish, and said he felt he was scaring them and over 300,000 citizens signed a petition asking for the right to see how the money is spent. He added that the budget has doubled in the last couple of years and the taxes for Edgewater are the highest in the County, plus highest impact fees in the County, a tax on recreation, gas tax, and a raise in the water and sewer and garbage rates. He asked if that would happen with Proposition One- Mr. Kish said there were over half a million citizens involved and the potential is that the problems exist and the people have to decide. Councilman Asting thanked Mr. Kish for coming to explain it to them and Vice Mayor Bennington thanked Mr. Kish also. Mr. John Gross said held like to see the report on the figures and Vice Mayor Bennington said he could receive a copy in City Hall. Mrs. Opal asked why she couldn't speak as she'd had her hand up. APPROVAL OF MINUTES Special Meeting of January 23, 1984 - Councilman Spencer moved that Council approve the minutes of the Special Meeting of January 23rd. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting, 6:30 PM, January 25, 1984 - Councilman Asting moved to adopt these minutes. Councilman Spencer stated that he didn't want to second the motion as he wasn't present at this meeting. Councilman Wargo seconded the motion. Motion CARRIED 3-0. Councilman Spencer abstained since he wasn't present at this meeting. Special Meeting, 7:00 PM, January 25, 1984 - Councilman Asting moved to adopt these minutes. Councilman Wargo seconded the motion. Motion CARRIED 3-0. Councilman Spencer abstained since he wasn't present at this meeting. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the bills as submitted. Councilman Asting seconded for discussion. Councilman Asting questioned the payment to Sears on page two and asked if it's for tools. City Clerk Kinsey said it's for the air conditioner for the utilities office and they took the reverse cycle to the Shuffleboard building so they'll have heat there. Motion CARRIED 4-0. MISCELLANEOUS Councilman Wargo called for a five-minute recess. Meeting was recessed at 8:15 PM. Meeting returned to order at 8:24 PM. Mrs. Joan Strong, India Palm Drive,said she'd called two council members and the City Clerk about the car laundry behind her. She said she got a letter from the Building Official which stated her health doesn't mean anything. She showed copies of his letter, her complaint, the license application, and her doctor's statement, plus other documents to Vice Mayor Bennington. Vice Mayor Bennington asked if that was going to be moved soon and Mrs. Strong said yes, but nobody else wants it in a residential area and it should only be in industrial. She said she can't open her windows and doors because the fumes get in her house. Vice Mayor Bennington asked Mrs. Strong to bring the docu- ments into City Hall to have copies made. Mrs. Strong asked about the posts that were supposed to be put up to protect the fence. City Clerk Kinsey said she'd check into that. Mrs. Strong noted that she put a fence in but still needs the posts. Mr. Walter Gross said at the last meeting in December a question came up about buying radio equipment for Rescue and it was promised with Frederal Revenue Sharing and the Council said they'd consider it in the near future. He said it's a very important piece of equipment and helps in life saving, and asked Council to consider it that night. Vice Mayor Bennington stated the Council can't consider it that night due to hearings required but they have $17,000.00 of unappropriated money and when they get it, they'll consider it. -3- Regular Council Meeting Minutes February 6, 1984 o o Mr. Sal Siano, Pastor of Edgewater Alliance Church, requested permission for the church to construct the necessary stormwater management system on a 10 foot easement located to the south of the church parking lot. Pastor Siano said they got approval from Planning but they felt it needed Council's approval. Mr. Frank Marshall, part- time City Engineer, said they'd need a construction easement on a temporary basis to put it in. Councilman Spencer noted that they need to protect the City from liability during the time of construction. Mr. Dana T. Armstrong, Cheetah Drive, said he understood from the plans submitted that they want to use the City right of way to build some type of pipe underground saturation system. He said this isn't an easement. Vice Mayor Bennington said she was at the Planning meeting and he wanted to use the City land to put the drain field on City land. Mr. Armstrong said it would be from the church property onto the City's right of way to a type of percol&tion system, and it makes the City liable for any damage that may occur. Mr. Marshall said they want permission to go on the property to construct the equipment and this will take stormwater from part of the parking lot as well as about half of Mockingbird Lane that runs into the drainage canal. He added that when the parking lot was constructed, there was no stormwater ordinance and now it's required. He noted that the City will have to maintain it but it's an accepted method of putting it into the ground and should help alleviate some of the drainage problems in that canal. He said it's similar to a lift station being installed and a subdivision having a force main put there, and added that others have been accepted, such as Gas Lite Square, which has catch basins. Councilman Spencer said he was at the Planning meeting also and they weren't sure if they had the authority to say they could construct it and if the City Engineer approves the stormwater method, the Council has to be sure it doesn't incur any liability.:.He added that a construction agreement drafted by the City Attorny or with his approval and entered into by the City Clerk should be adequate protection for the City. Councilman Wargo said he'd like to look it over. Vice Mayor Bennington asked the City Attorney if it would be similar to a subdivision where they're given a construction ease- ment. City Attorney Alvarez said they need to look at the use of City property for the installation of an improvement and asked Mr. Marshall if it's of public benefit. Mr. Marshall said it is. City Attorney Alvarez asked Mr. Marshall if he felt the public benefit outweighs any gain of a private entity, and said they could discuss this with the insurance carrier, and they have to consider if it's setting a precedent. Mr. Marshall said public benefit is the stormwater currently runs off a parking lot down a swale area to a ditch and the ditch is already overstocked and this will take some of the runoff and will take it back into the ground. He said there's no private gain on it but would be a private expenditure. He added that regarding a precedent, he said this was set by the installation of any other utility in a public right of way. City Attorney Alvarez asked Mr. Marshall if he'd discussed 'this with Utilities Superintendent Terry Wadsworth. Mr. Marshall said he'd talked to Mr. Wadsworth to see if there's a . construction easement_permitting access as such and the answer was no, and they'd checked to see if there was a problem or reason to refuse it and determined there's no reason for him not to do it. He added that other cities that he's dealt with have this as a common practice. He noted again that the existing parking lot has no stormwater facilities because it wasn't required but the law now says the owner will take care of all the storm- water runoff and this is the only method he can do, plus take some from Mockingbird Lane, and he felt it was to the public's benefit. City Attorney Alvarez asked what type of public right of way it is and Mr. Marshall said it's a public through street and runs back to Canal Road where there's an apartment complex. Councilman Asting moved to TABLE this until other members have had a chance to look at the situation. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Pastor Siano asked if they'd be set to go with the project if they decide to do the stormwater on their own property. Vice Mayor Bennington said they had site plan approval based on the way it was presented so it would have to go back to Planning. Mr. Joe Royal, Belle City Amusements, requested a business license for the days of February 14th through 19th to put up amusement rides in the old Winn Dixie location. Councilman Spencer asked if they have sponsorship for this and Mr. Royal said they couldn't find a sponsor. Councilman Asting asked about security and Mr. Royal said he talked to the Chief and they'd like the City to send men out and they'll pay for their time. Councilman Asting asked the Chief if they'd use auxiliary and Chief Baugh said they don't have auxiliary. -4- Regular Council Meeting Minutes February 6, 1984 o o MISCELLANEOUS (Continued) Mr. Joe Royal (continued)- Vice Mayor Bennington said she has questions on traffic and security and suggested Council turn it over to the City Clerk to get with the Chief and get back with the gentleman with an answer. City Clerk Kinsey asked Mr. Royal to call her. Councilman Wargo said the condition of the premises when they leave needs to be considered. Mr. Royal said they have property damage and liability and they put up a $250.00 bond for cleaning. Mr. James Cameron said he owns property in Oak Hill and the same people were there for the last nine days and they brought in a large container for trash and put up portalets and he had no complaints with them. Mr. Robert H. Christy, 1916 Evergreen Drive, said he isn't going to run for Mayor and he's there as a citizen with a complaint. He referred to Article 1, Section 5 regarding rights to assemble and said he'd heard that a former police officer was refused employ- ment and if that's true, it could be discrimination if it's because he was in the Fire Department, and his rights had been violated. He added that his civil rights were invaded and he has a lawsuit against the City. Mr. Frank Opal, Florida Shores, said regarding the right of way and temporary construction permit, there's a 50 foot right of way belonging to the City and with the drainage, there's property to the west and north and asked where that water would go when they start to build. He said he'd asked DER to check Mockingbird Lane, and if they don't want to go to DER, he'll send it there. Mr. Dana Armstrong, Cheetah Drive, said he isn't opposed to the church or the new cons- truction but he is opposed to violating the Code and doesn't want the Council to be a party to that violation. He said he wants the minutes of the Planning Board corrected which state the water runs down on his property because he doesn't own property there. He referred to the intersection of Canal and Mockingbird Lane which was becoming swampy because there's no place for the water to go. He said the the setback on the south side of the church lot is 22" by survey and they should enlarge the church on the front but not bring the water to the back. City Attorney Alvarez asked that they take some of the items further on in the agenda at this time because he had an appointment with a witness that evening. Councilman Asting moved that they excuse the City Attorney and then withdrew his motion as the City Attorney stated he wouldn't have to leave for a short time. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilman Spencer noted that he'd prepared a report on the DER Seminar in Orlando which he attended with Frank Marshall and a copy was in each Council member's mail box. Vice Mayor Bennington said she was asked at recess if Council would consider item 10.B. regarding the easement for Mr. Wilkinson because the lady had to leave early. Council members agreed that City Clerk Kinsey could get in touch with her the next day if there was a question. City Attorney Reports - There was no report from the City Attorney. City Clerk Reports - Vice Mayor Bennington suggested leaving this item until later in the meeting since the City Attorney had asked to be excused early. Zoning Commission - Resignation of Mr. Roman Sadowski - City Clerk Kinsey read the January 24, 1984 letter from Mrs. Susan Mista, Secretary of the Zoning Commission, which stated that Mr. Sadowski resigned effective January 23, 1984. Councilman Spencer moved that Council accept the resignation. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Asting moved that Council authorize the City Clerk to send a letter of appreci- ation to Mr. Sadowski. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -5- Regular Council Meeting Minutes February 6, 1984 Q <.) Building Code Board - Finished Floor Elevations - City Clerk Kinsey read the January 25, 1984 memo from Mr. Robert Howard, Chairman of the Building Code Board, which requested floor heights of buildings shall be 12 inches above the crown of the nearest paved road and 16 inches above the crown of the nearest unpaved road. The exception would be if otherwise determined different by the Volusia County Health Department or the 100-year flood plain requirements. The memo also requested the Building Official be given the authority to order proper berming, retention, swaling, and final finished floor elevation in order to retain the normal surface water on site. Councilman Asting noted that a gentleman from the Health Department had given them certain requirements with measurements to be taken during the wettest season of the year. Councilman Wargo noted that this was voted down about two months ago and asked why it was brought back. Councilman Spencer stated that this is different from before with the request that the Building Official be given the authority to order certain items. Vice Mayor Bennington said it gives them a little flexibility depending on what is built around it. Councilman Wargo noted that he had 22" of water in a rain storm and if he'd been 12" above the street held have had lO" of water inside his house. He said the height was passed at a higher level and now they want to lower it again. He added that he went with the Public Works Superintendent and they had to dig 24" in the sand to find a culvert and if they lower the levels they'll get complaints. Mr. Doug Cole, Mango Tree Drive, and member of the Building Code Board, said they're not trying to lower the houses but there's a blanket code now and they want to get it where they don't have to build a house 24" above the next door height. He added that the Health Department determines the heights in Florida Shores when they don't have a sewer. He said they want someone to have the authority to look at it and tell them they could lower the elevation. Councilman Asting asked if the elevation is higher than 16" on an unpaved road on a natural site would it have to have soil removed to lower it, and Mr. Cole said the blanket code covers the whole City now. Councilman Spencer said the changes suggested was that it be a minimum but it could be higher than that if it's the general terrain in that area and it must be compatible and comply with the Health Department. Mr. Marshall said they could require it higher than the requirements listed. Mr. Cole said they need somebody with authority to look at it and tell them that it could be dropped to conform, and noted that the old homes are having the problems with the water. Councilman Spencer moved that Council request the City Attorney to draft the appropriate ordinance, incorporating the Building Code Board's recommendations. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Building Code Board - By Laws Adopted by Board - City Clerk Kinsey said this is an entirely new set of By Laws and she felt the City Attorney should review them. Vice Mayor Bennington asked that the City Attorney look them over and report back to Council regarding the legal ramifications. Parks & Recreation Department - Authorization to Sign Inter-local Agreement for Phase I of Edgewater Park & Pier - City Clerk Kinsey said she needed three authorizations on this agreement, and first was to authorize the proper person to sign the inter- local agreement regarding the Edgewater Park and Pier for the Ponce Port Authority. Councilman Spencer made that motion. Vice Mayor Bennington passed the gavel to Acting Mayor Asting and seconded the motion. Motion CARRIED 4-0. Acting Mayor Asting passed the gavel back to Vice Mayor Bennington. City Attorney Alvarez said held looked through the agreement and it appears to be a standard form but he'd like the insurance carrier to look at paragraph 8 regarding the hold harmless clause to see that it's okay. City Clerk Kinsey said on page 2 of the agreement the City needs to fill in the starting and completion dates and she had a recommendation from Mr. David Garrett, Recreational Director, that it be March 1, 1984 for the starting date and August 1, 1984 for the completion date. She noted that an extension could probably be granted if they run into a snag or something unavoidable occurs. There was a discussion as to when the funds would be available and City Clerk Kinsey stated that the funds will be available as a repayment after the bill is paid by the City. Councilman Spencer moved that the dates be inserted in the blank spaces on page 2, March 1 and August 1, 1984. Councilman Asting seconded the motion. Motion CARRIED 4-0. -6- Regular Council Meeting Minutes February 6, 1984 o o Parks & Recreation De artment - Authorization to Si n Inter-local A reement for Phase I of Edgewater Park & Pier - continued City Clerk Kinsey said she needs authorization to advertise for bids for boat slips and finger slips per the specifi- cations drawn up by Bill Cross of Briley, Wild at the time the agreement is received signed by the Port Authority. Councilman Wargo so moved. Councilman Asting seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS There were no communications at this meeting. ORDINANCES AND RESOLUTIONS .Res. 84-R-5 Appointment to Building Code Board - City Attorney Alvarez read this Resolution. Res. 84-R-5 - A RESOLUTION APPOINTING ONE MEMBER TO THE BUILDING CODE BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. This appointment was for Mr. Paul Monaco for a term to end February 16, 1988. Councilman Asting moved to adopt this Resolution. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Res. 84-R-6 Re-appointment to Board of Adjustment - City Attorney Alvarez read this Resolution. Res. 84-R-6 - A RESOLUTION RE-APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PRO- VIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH, AND PROVIDING AN EFFECTIVE DATE. This re-appointment was for Mr. Jimmie Newell for a term to end January 19, 1987. Councilman Asting moved to adopt the Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Res. 84-R-7 Re-appointment to Library Board - City Attorney Alvarez read this Resolution. Res. 84-R-7 - A RESOLUTION RE-APPOINTING ONE MEMBER TO THE LIBRARY BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved the adoption of Resolution 84-R-7. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Res. 84-R-8 Authorization for City Officials to Execute Quit Claim Deed - City Attorney Alvarez read this Resolution. Res. 84-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE A QUIT CLAIM DEED TO ALEX GABRIEL CHEPLO AND OLGA MARY CHEPLO; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. This deed was for the property at the corner of Umbrella Tree and 18th Street and a bid for $1,500.00 was received from the Chep10s. Councilman Spencer moved that Council adopt Resolution 84-R-8. Councilman Wargo seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Bill Porter re: Request to Rezone from MH-1 to MH-2 - Mr. Bill Porter said held talked with Mr. Frank Marshall and suggested they put the City water in the property. He said the property canlt be used for anything else that will conform to the Code and asked Council to approve his request so he can do something with the property. Vice Mayor Bennington asked him if he wants it re-zoned to MH-2 as requested previously and Mr. Porter said yes. Councilman Wargo moved that they grant his request. Councilman Spencer seconded the motion. Councilman Wargo said he felt it would be a buffer between the industrial and residential area. Councilman Asting asked Mr. Marshall to speak to Council on this and asked if Carol Ann Drive is dedicated. Mr. Marshall said it's privately owned. Councilman Asting asked if there's water there and Mr. Marshall said yes. Councilman Asting asked if this is feasible and Mr. Marshall said no and the easement as recorded has an attachment that it can't be deeded to any municipality for the purpose of maintaining it so it will forever be an ingress egress. Mr. Marshall added that if he wants water service hel1l have to incur it at his expense. Councilman Asting asked about percolation there for the septic tanks. Mr. Porter said itls good and about the highest property there. Councilman Asting asked if they'd put in City water and Mr. Porter said yes. -7- Regular Council Meeting Minutes February 6, 1984 \ \ , o o UNFINISHED BUSINESS Bill Porter re: Request to Rezone from MH-l to MH-2 (continued)- Mr. Marshall noted that when they determine the sewer isn't available, the Health Department will deter- mine if the septic tanks are permitted. Councilman Spencer asked if he has to go to the Board of Adjustment for a variance and City Attorney Alvarez said yes. Motion CARRIED 4-0. City Attorney Alvarez clarified that this is a motion of intent and they may need to re-advertise. City Clerk Kinsey asked if he goes to the Board of Adjustment prior to adoption and City Attorney Alvarez said no, it has to go through Council and the motion of intent is based on when they conform to the Code, the ordinance will be adopted so he has an action of Council he can rely on. City Attorney Alvarez asked that they go over the items under New Business at this time. NEW BUSINESS Mr. Richard Webster re: Easement, Wilkinson Street - Councilman Asting moved that they turn this over to the City Attorney for review and the proper departments. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Mr. Richard Webster re: Special Hearing Request for Rezoning - City Clerk Kinsey read the February 1, 1984 letter from Mr. Richard Webster requesting a special hearing date due to the change in the ordinance which authorized zoning requests six times a year rather than four. This change made the month of March for consideration rather than February as Mr. Webster had anticipated. Councilman Spencer said he felt the Zoning Commission was in their province to request certain information, and he moved that a hearing be set in March at the first City Council meeting to hear his request for re-zoning. Vice Mayor Bennington pointed out that he wants it handled prior to March. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. City Attorney Alvarez pointed out that notification is in accordance with 1103. of the Code which requires a minimum of 15 days so they couldn't speed it up. City Attorney Alvarez left the meeting at 9:52 PM. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Clerk Reports - City Clerk Kinsey stated that Brent Millikan had advised that the audit reports are nearing completion and she suggested they be presented on February 13, 1984 at 1:00 PM at a Special Council meeting if Council agrees. Council members agreed to that date and time. City Clerk Kinsey said the Council had received invitations for the Volusia League of Municipalities meeting on February 23rd and asked what members would be attending. Councilman Wargo, Vice Mayor Bennington, Councilman Spencer and Council Asting all indicated that two would be going. City Clerk Kinsey said the City was requested by the East Volusia Mosquito Control District to advise them in writing if they can make the low level spray flights with a helicopter this season. Councilman Spencer moved that the City Clerk enter into the agreement again and said he felt they do a good job of keeping the mosquitoes down. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Clerk Kinsey said she's been in the process of discussing an agreement with the Veterans Administration regarding an on the job training program for the new mechanic who was recently hired. She said it's a nine month training program and they would receive half of his salary, and she'll sign it if Council is agreeable. She noted that if it doesn't work out with the employee, it doesn't jeopardize his using it again and the City is not involved. Councilman Wargo asked if she'd ever been involved in this before and City Clerk Kinsey said not. Councilman Wargo stated that it's similar to veteran's reimbursements and it's a pain in the neck with a lot of forms to be filled out and reports. City Clerk Kinsey said she was advised that it was a simple report. Councilman Wargo moved that they go along with it. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -8- Regular Council Meeting Minutes February 6, 1984 . . o ~ UNFINISHED BUSINESS Appointment to Board of Adjustment - Councilman Asting stated that held like the appointments held over for full Council. Vice Mayor Bennington said there would be a problem with Planning and Zoning. Councilman Spencer noted that there1s a quorum with the Board of Adjustments if they don't have a name, and he moved that Council defer action on that appointment until the next meeting. Vice Mayor Bennington said they'd had this appointment up about three times now and perhaps they should hold off until they can come up with applications. Councilman Asting said held like to come up with someone for the next meeting. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Appointments to Planning and Zoning Board - Councilman Spencer said they should re-appoint the members whose terms are still active with one exception. He noted that Mr. Siciliano has been ill and a member of that commission had talked with Mrs. Siciliano who told him that Mr.. Siciliano will not be returning to the board. He said based on that information, he did not feel it would be appropriate to re-appoint him at this time. Councilman Spencer moved that the City Clerk be instructed to send a letter of commenda- tion for the years of service that he rendered to the City of Edgewater. Councilman Asting seconded the motion. Vice Mayor Bennington said she'd like indicated in the letter that when he feels he is able, they'll be more than happy to consider him. Motion CARRIED 4-0. Councilman Spencer suggested they nominate the four remaining active members and then vote on them individually. Councilman Spencer nominated Jake Wheeler. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Councilman Spencer nominated Don Bennington. Councilman Asting seconded the nomination. Motion CARRIED 3-1. Councilman Wargo voted NO. Vice Mayor Bennington stated this could be a conflict and she was declaring it at that time. Councilman Spencer nominated George Quaggin. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Councilman Spencer nominated Fred Finn. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Councilman Spencer nominated Greg Stewart who was a member of the Zoning Commission whose term had expired. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Vice Mayor Bennington passed the gavel to Acting Mayor Asting and nominated Ann Thomas. Councilman Spencer seconded the motion. Councilman Wargo protested because she works for a local contractor and it would be a very serious conflict of interest, plus she's already a member of Parks and Recreation and if they start jumping from one board to another, they'll have problems. He noted that he didn't question her integrity. Council- man Spencer stated that they had a request from Ann Thomas to transfer, and he didn't want all seven members to be working for local contractors but one shouldn't be a problem. He said he feels Ann Thomas is very capable and would do a fine job. Motion CARRIED 3-1. Councilman Wargo voted NO! Councilman Spencer nominated Lyle Chenoweth who was a member of the Planning Commission whose term just expired. Vice Mayor Bennington seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Acting Mayor Asting passed the gavel back to Vice Mayor Bennington at this time. Councilman Asting moved to adjourn. adjourned at 10:12 PM. Minutes submitted by: Lura Sue Koser Councilman Spencer seconded the motion. Meeting was ~--- /!~ ~ ~ ~(.) / ~/ ~---- -9- Regular Council Meeting Minutes February 6, 1984 .. , , . . OORANDUM OF VOTC'G CONFLICT DATE ON WH CH VOTE OCCURRED ~ NAME OF ERS ~e- TITLE OF PERSON R See SPECIFY AGENCY is unit of: o STATE OCOUNTY ~MUNICIP ALITY 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: t/~%~~CD P/~I<h ~. 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: , ? 1:> 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) SIGNATURE -- DA TE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE 0 URRED: cQ 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 riot 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