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01-23-1984 - Special . .. (.) i.) CITY COUNCIL OF EDGEWATER SPECIAL MEETING JANUARY 23,1984 MINUTES Mayor David Ledbetter called the Special Meeting to order at 7:02PM in the Community Center. The Special Meeting was called due to a change in meeting dates during the month of January. ROLL CALL Mayor David Ledbetter Present Councilman Melbourne Wargo Present Councilwoman Gigi Bennington Present Councilman Neil Asting Present Mayor Ledbetter recessed the meeting to go Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh into the public hearing. Present Present Present Present Public Hearing - Intent to Vacate a Portion of liThe Strandll City Attorney Alvarez read Ordinance 84-0-2. ORD. 84-0-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A PORTION OF A ROAD KNOWN AS liTHE STRANDII NORTH OF SANCHEZ AVENUE AND PALMETTO PARK SUBDIVISION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Dana Armstrong, Cheetah Drive, said he didn't know what the City is going to vacate as the Strand is from Indian River Boulevard to the New Smyyna Beach City limits. He said if this is ingress or egress because the road was relocated then it's all right because they did it before but the County did it and not the City. City Attorney Alvarez showed the sketch to Mr. Armstrong that indicated the portion of The Strand involved. City Attorney Alvarez said this is a paper street and copies of the resolution were sent to the County and the City received no response. Mr. John Gross, 404 North Riverside Drive, said they're considering the description and aren't going by what it's called. He said the County Attorney was aware of this. Mr. Armstrong said he had no objection to the vacating as long as the City has the standard right of way on Riverside Drive. City Attorney Alvarez said that isn't touched, it's a public right of way. Mr. Armstrong said if it's moved over it will take the people's property on the west to give to the ones on the east side. Mr. Gross said no property was taken from anybody and the other people still own the property east of Riverside Drive. Mr. Armstrong referred to an opinion of the Depart- ment of Legal Affairs concerning a Tarpon Springs ruling and said he didn't oppose developing that land but he didn't want to get the City in a bind. Mr. Armstrong added that they had dealt with this about twenty years ago. City Attorney Alvarez said this is a paper street that hasn't been used by the City and it was moved to the west when they built the crescent road. Mr. Armstrong said a law that pertains to one piece of property should pertain to another piece of property also. City Attorney Alvarez said the old Strand was a right of way and the one he was talking about was platted as a park. Mr. Armstrong said he was talking about the Strand, no matter where it is and they'd had problems with an alleyway that is almost adjacent to the property. Mr. Gross said he went to the County Engineers and County Attorney and they went back to the year one and used computers, plus he met with the Transportation Department and other departments to get all the information before he came to Council. Mayor Ledbetter noted that a few years ago the County tried to notify them that they no longer would maintain Riverside Drive as they do Park Avenue but he thought the Council rejected it. Mr. Gross said this has nothing to do with Riverside Drive. Mayor Ledbetter asked if this continues across Riverside Drive with access to the river bank. Mr. Gross said the land isn't effected in any way because it stops. Mayor Ledbetter said there's supposed to be a continuation of Sanchez Avenue to the water. Mr. Gross said he's about thirty feet north of that and it has nothing to do with that. o o Mayor Ledbetter asked City Attorney Alvarez what the ramifications would be if in four or five years they come back and do a true survey and find that the existing Riverside Drive was out of kilter and is encroaching upon the property owners there. City Attorney Alvarez said the rightof way which is paved and was constructed and main- tained by the County was built west of where the original layout was but he didn't know why. He said when the County or municipality constructs and maintains a right of way continuously for five years it is presumed to be dedicated and becomes a public right of way. He added that to protect against potential future questions, a solution would be for the property owners of these lots to dedicate that which is already a public right of way. Mayor Ledbetter stated that he didn't want future problems on this. Mr. Gross said he had presumed that it would be done with the dedications. City Attorney Alvarez said the property owners should have a survey made with a legal description of the portion of the road through lots 14, 15 and 16 and then dedicate that to the City.as a perpetual easement. He said since this is the first reading of the ordinance they could adopt it on first reading subject to before second reading a survey and right of way easement is provided to the City. Mr. Lee, property owner on Riverside Drive, asked if the survey would be Riverside Drive as it is now. City Attorney Alvarez said they need a survey and not a plot and a corner might be involved and it needs to be done before Council can set a final reading. Councilman Wargo moved that the public hearing be closed. Councilwoman Bennington seconded the motion. Mayor Ledbetter declared the public hearing to be closed. Public Hearings - Second and Final Readings and Action: Mayor Ledbetter opened the public hearings. Ord. 83-0-23 Amending Sections 603.01(a) and 603.01(d) - City Attorney Alvarez read this Ordinance. Ord. 83-0-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING SECTION 603.01 OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER, FLORIDA, BY: INCREASING THE MINIMUM YARD REQUIREMENTS AND MINIMUM LIVING AREA FOR SINGLE FAMILY DWELLINGS AND PROVIDING FOR A MINIMUM LOT DEPTH FOR TOWNHOUSE DEVELOP- MENTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 83-0-23 and then withdrew his motion for public input. There were no comments from the audience. Councilman Spencer moved that the City Council approve Ordinance 83-0-23. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 83~-24 Amending Section 716.00 re: Number of Votes Required by Council to Overrule Planning and Zoning Recommendations - City Attorney Alvarez read this Ordinance. Ord. 83-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AMENDING SECTION 716.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REDUCING THE NUMBER OF CITY COUNCIL MEMBERS THAT ARE REQUIRED TO ADOPT OR AMEND AN ORDINANCE CONTRARY TO ANY DECISION OR RECOMMENDATION SUBMITTED BY THE ZONING COMMISSION AND PLANNING COMMISSION FROM FOUR TO THREE; CONTAINING A REPEALER PROVISION; A SEVERA- BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance, then withdrew his motion for public input. There were no comments from the audience. Councilman Asting moved to adopt Ordinance 83-0-24. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Ord. 83-0-25 Amending Section 1102.00 Increasing Number of Zoning Requests to Six Times a Year - City Attorney Alvarez read this Ordinance. Ord. 83-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 1102.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY: INCREASING THE TIMES THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SHALL CONSIDER ZONING CHANGES AND AMEND- MENTS FROM FOUR TIMES A YEAR TO SIX TIMES A YEAR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Councilman Asting moved to adopt Ordinance 83-0-25. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 83-0-26 Rezoning Porter Property from MH-l to MH-2 - City Attorney Alvarez read this Ordinance. Ord. 83-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF PROPERTY DESCRIBED AS THE EAST 886.7 FEET ON THE SOUTH LINE OF THE WEST 1754 FEET OF LOT 37, ASSESSOR'S SUBDIVISION OF THE ALVAREZ GRANT, LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGE- WATER, FLORIDA, FROM ITS PRESENT ZONING OF MH-l TO MH-2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA SHALL BE AMENDED TO REFLECT CHANGE IN ZONING; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting said he felt this property with the intended use would fall under subdivisions and according to the Code it requires water and sewer lines to connect to the City facilities. -2- Special Council Meeting Minutes January 23, 1984 o o Ord. 83-0-26 Rezoning Porter Property from MH-l to MH-2 (continued)- City Attorney Alvarez suggested Council ask Mr. Porter to speak and said his concern was that a section of property is approved for a certain use and then is sold off and unsuspecting owners are not a\~are of requirements there. Councilman Asting said he wanted potential buyers of those lots to be protected. Mr. Bill Porter came forward to speak to Council. Councilman Asting asked him if he is going to develop it and Mr. Porter said this was zoned this way for 12 to 15 years and the property isn't where you could no anything with it and was non-conforming from the beginning. He said the front is zoned Industrial and the back is MH-l and he wanted it zoned MH-2 to sell rather than rent those lots. Councilman Asting noted that with the three or four lots it would beaminor subdivision according to the ordinances and should have the facilities the subdivisions require. Mr. Porter said the water should be available from Park Avenue and could run it down from there but he didn't know how to tie into it but would if he could. He said he'd have septic tanks in the fronts so that they can be put in at a 90 degree angle and the line could be hooked up easily later on. Councilman Asting noted that they have sewer lines on Park Avenue and Mayor Ledbetter said that's a forced main. There was a discussion about the distance from Park Avenue to this property in question. Mr. Porter said he was told that the forced main couldn't be tapped into. Councilman Wargo noted that there are already seven mobile homes and one house there. Councilman Asting said that some of that is in the County. Mayor Ledbetter stated that some of that land is. very low for purcolation and Mr. Porter noted that the land slopes down and shouldn't create any problem with the absorption rate. Councilman Asting said he'd like a report from the Utilities Superintendent on the feasibility of installing a sewer line. Mr. Porter said he certainly would use it if it's available. Mayor Ledbetter noted that they'd need a lift station and asked if the other seven mobile home owners will then petition the City to get water. Mayor Ledbetter asked Mr. Porter how far south of Park Avenue the Industrial property reaches and Mr. Porter said it's about 250 feet. Mayor Ledbetter noted that the ordinance to compel him to tie in states 200 feet. Councilman Asting suggested that Mr. Frank Marshall, City Engineer, go along with Mr. Wadsworth to look at it and give an opinion. Mr. Marshall was in the audience and Mayor Ledbetter advised him that it's a unique situation because of the City's require- ments for mobile homes. Mr. Porter said he'd been told that it could go through as a mini-subdivision without all the requirements of a regular subdivision. City Attorney Alvarez questioned if it would be 3 lots and Mr. Porter said it was planned for four but they could split the middle and make three, and he'd like to do it as expeditiously as possible. Councilman Asting noted that page 1710 covers minor subdivisions. City Attorney Alvarez asked Mr. Porter if he'd need a variance if he re-zoned to MH-2 and Mr. Porter said yes, and that he'd been told that Council had the power to grant these requests. City Attorney Alvarez said re-zoning would put him in MH-2 and the requirements for the size of property would require a variance and would need compliance with the subdivision ordinance in terms of utilities. Mr. Porter asked if he could leave it as MH-l and put four mobile homes on the property. City Attorney Alvarez said the minimum size would be for five acres. Mr. Porter asked if he left it as is and he gets a variance, could he put four mobile homes there without conforming with the subdivision ordinance. City Attorney Alvarez said it would have to comply with the MH-l and mobile home parks. He said under MH-2 all land areas which were plotted and recorded subdivisions prior to the area's re-zoning as a mobile home district must be in compliance with the regu- lations. He referred to page 1591 of the Code and asked if this was a plotted subdivi- sion before. Mr. Porter said he didn't know and the sketch was a proposal and the legal description. City Attorney Alvarez said that changing the lots will raise the question of whether it was platted as a subdivision before and it would require a variance either way. Mayor Ledbetter asked Mr. Porter if he wanted to put it under Industrial and Mr. Porter said if that's the only answer open to him but he felt it would be a misuse of that property. Mr. Porter thanked the Council for their time and efforts. -3- Special Council Meeting Minutes January 23, 1984 o o Ord. 83-0-26 Rezoning Porter Property fromMH-l to MH~2 (continued)- Mayor Ledbetter asked Mr. Armstrong, former Mayor, if this was a platted subdivision. Mr. Armstrong said there was one before but they laid a plat over the top of it. Councilman Spencer said he felt they need to give Mr. Porter a more satisfactory answer to his alternatives. Councilman Asting said he didn't feel it complied with the Code. Councilman Spencer suggested that Mr. Porter go to City Hall and read the ordinances which have quite a few requirements. Mayor Ledbetter suggested Council postpone the decision that night and re-advertise and have Mr. Porter go to City Hall and read the Codes and they could make the decision the next meeting. Councilman Wargo moved to postpone it. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the Utilities Superintendent and City Engineer submit a report on the situation as far as tapping the force main and water line in case it passes as MH-2. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez noted that they also need to know if it was a platted subdivision. Ord. 83-0-28 Amending Section 606.01(g) - City Attorney Alvarez read this Ordinance. Ord. 83-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EFFECTUATING THE REPEALER PROVISION OF ORDINANCE 81-0-36 AND ELIMINATING THE PRO- HIBITION FOR OFF STREET PARKING INTO ANY REQUIRED YARD AREA IN B-2 ZONING; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Councilman Asting moved to adopt Ordinance 83-0-28. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to close the Public Hearings. Councilman Asting seconded the motion. Councilman Asting moved to recess at 8:15 PM. Mayor Ledbetter called the meeting back to order at 8:22 PM. APPROVAL OF MINUTES Special Meeting and Workshop of January 4, 1984 - Councilman Spencer moved that Council approve the minutes of the Special Meeting of January 4th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of January 9, 1984 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that they take the regular bills and accounts first. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer moved that Council approve the regular bills and accounts. Council- woman Bennington seconded for discussion. Councilman Asting questioned Abbott Distributing for operating supplies and City Clerk Kinsey said it's chemicals for the Wastewater Treatment Plant. Councilman Asting then questioned Compucom Engineers on page 1 and City Clerk Kinsey said it's a telemetry transmitter for the lift station monitor. Councilman Asting asked about the last item on page 7 to Malter International and City Clerk Kinsey said it's for chemicals for the Wastewater plant. Motion CARRIED 5-0. City Clerk Kinsey said she had two items under the bills. The first was a supplemental bill from Superior Surgical Supply for $65.62 with a memo from Police Chief Baugh that this order was placed in error when held called the salesman to inquire if they had them in stock, and they were shipped prior to the purchase order date and they'd received the merchandise. Councilman Spencer moved that they pay the $65.62. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. The second item had a memo from Utilities Superintendent Terry Wadsworth regarding the price on the chlorine as the bid had expired without notification. The amount was over $1,000.00 and needed Council approval. Councilwoman Bennington asked if this is a one-time thing and City Clerk Kinsey said yes and they'd contacted several other suppliers for chlorine. Councilwoman Bennington said she1d talked with Mr. Wadsworth and this supplier is still cheaper. Councilwoman Bennington moved to pay this bill. Councilmen Spencer and Wargo seconded the motion simultaneously. Motion CARRIED 5-0. -4- Special Council Meeting Minutes January 23, 1984 o Q MISCELLANEOUS Mr. Dana T. Armstrong, Cheetah Drive, said there are City employees not protecting the Code or the City but trying to promote ways to get around the Code. He said he was upset with the stormwater at Shangri-La and the apartments at the drive-in property plus the new shopping plazas on U.S. 1 and added that the Alliance Church on U.S.l has him concerned. He referred to a March 1,1983 letter urging the Council to look into internal affairs and at employees who are making judgements. He submitted to Mayor Ledbetter two pages of a report regarding R-5 zoning which is behind the church and is combined with B-3 zoning. He said they couldn't use those grounds for anything that is prohibited elsewhere. He asked Mayor Ledbetter to check with the Code book on this. He had a printout of the church property which listed an estimated value of over $100,000.00. He said if they're going to change the government they have to go to referendum or they'll violate Judge Miller's ruling. Mayor Ledbetter asked the City Clerk to make copies of this information for Council. Mrs. Joan Strong, India Palm Drive, asked when the City would finish closing the alley as it's closed at one end and not the other and traffic is still there and they now cut through the properties when they see it's a dead end street. She said a boy on a moped almost hit their parked car and it would have been an increase in her insurance rates if there'd been an accident. She said she called the Police Department and Chris Brown came out and told her the moped could be there. She said that's her easement and there shouldn't be any traffic there. Chief Baugh said he wasn't aware of that until that night and held review it. Mrs. Strong said the patrolman had a very poor attitude. She said she was going to sign trespassing charges. She said she'd talked with people from Florida Power and Light and the telephone company and they'd agreed they'd work something out. Councilwoman Bennington noted that they'd agreed to stop through traffic but not to close it. Mrs. Strong said that's not an alley, it's an easement and has to be a certain width to be an alley, and she' asked if they'd put a lock on a gate and let Florida Power and Light know it. Mayor Ledbetter recommended turning this over to the City Attorney to see if it's an alley or an easement as the deeds call for a fifteen foot easement in Florida Shores, and he could rule if the City can open or close an easement there. City Attorney Alvarez noted that he hadn't ruled on this particular matter or researched it and the question had arisen before if the Council could close a public right of way and his answer was that if it's a public right of way the process is called for in Section 112 of the Charter. He added that it states clearly that the rights of access for anyone who uses that alley cannot be violated. Mr. Dana Armstrong came forward and said held bought the property there and it has a fifteen foot alley separating the commercial from residential property but it's not a thoroughfare for everyone but for people who own property to make deliveries to the commercial buildings on that alley, City Attorney Alvarez said the problem is enforcing it. Mr. Armstrong said they could stop those that are abusing or annoying someone by the nuisance ordinance. Mrs. Strong said they could put "no trespassing" signs up. Councilman Wargo noted that the City can't do that on private property. There was a discussion between Mr. Armstrong and Councilman Spencer about whether this was a platted easement or an alley. Mayor Ledbetter stated that he and Chief Baugh would look at it the following day. Chief Baugh said part of the problem is the people getting used to the fact that they can't go through there as it was a habit before. Mayor Ledbetter noted that held also meet with Mr. Earl Copeland, Public Works Superintendent regarding this. Mr. Frank Opal, Florida Shores, said the Council passed a tree ordinance and it only covers site plans needing approval. He said he got a call from an elderly lady who told him the Building Official was sent by the City Clerk to tell her that she needed a permit, and she was scared. He added that the harrassing was unnecessary because she didn't need the permit. Mayor Ledbetter asked if this was where he was cutting the firewood as a tree was cut off adjoining property and someone said he was running a lumber yard. He asked Mr. Opal why they called him instead of the City Clerk. Councilman Wargo said the complaint was not because the tree was cut down but was that someone was in the logging business and they'd had to listen to a chain saw for several weeks, and the Building Official goes to the address where the complaint was centered. -5- Special Council Meeting Minutes January 23, 1984 o o MISCELLANEOUS (Continued Mr. Walter Gross, 909 Lake Avenue, spoke on a Council member's statement in the news- paper regarding Proposition I and his trips at the expense of the City. He said he is concerned that the Council member is trying to scare the people regarding Proposition I and asked that he resist campaigning. Mayor Ledbetter said a Council member has just as much right as anyone else to make a statement and he has no voting power at any meetings once he leaves the Council table. He added that if they voted on Proposition I the next day, held be for it. Mr. John Gross said he would guarantee that the Council will have the survey and paper- work. Mr. Gross asked Mrs. Hance and Mr. Lee in the audience if they'd agree to that dedication and they verbally agreed. Mr. Gross asked that Council expedite the vacating. Mayor Ledbetter said they'll expedite the paperwork and Mr. Gross will bear the burden of its bei ng correct. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilman Wargo requested the City Clerk read the City's response to the Special Master's recommendations. City Clerk Kinsey read the report which rejected some and accepted other recommendations. Councilman Wargo moved that this be sent to PERC according to the procedures outlined in PERC rules. Councilwoman Bennington seconded the motion. Councilman Wargo said they must conform to the twenty day requirement and if they reach a settlement they can withdraw the objections. Motion CARRIED 5-0. City Attorney Alvarez asked that it be sent Federal Express to PERC. Councilman Wargo said they'd met with the union representatives that day and they have offered, commencing October ls~ a 10~ an hour wage increase and April 1st another 10~ an hour increase and they also had agreed to a two week notice on layoffs and two weeks on call backs and everything else would remain the same in the contract, and based upon ratification by the City employees, he would recommend that they accept this. He said the cost would amount to about l5~ an hour over a year's period and would total about $26,000.00, which would include fringe benefits. Councilman Spencer moved that Council accept Councilman Wargo's recommendation and agree to the negotiated terms subject to ratification by the three bargaining units. Councilman Asting seconded the motion. Councilman Spencer noted that Councilman Wargo had done a fine job for the City, along with City Clerk Kinsey, by being the negotiators and he appreciated the work they'd done. Motion CARRIED 5-0. Councilman Asting asked about a letter concerning Mr. Darry Hayashi that was in his mail and City Clerk Kinsey said a copy is in his personnel file. Councilman Asting questioned the letter from a Mr. D'Aiello, Sr. on Yule Tree Drive and City Clerk Kinsey said it's been referred to the proper departments for handling. Councilman Spencer noted that he was also contacted by the lady regarding the tree problem and he feels that everything has been squared away. He added that he had talked with the legislative delegation in New Smyrna Beach and also had gone to Tallahassee with Mr. Wadsworth and had submitted a report to Council on that trip. Councilman Spencer said he'd like to go to Orlando for a one-day seminar of DER and he'd travel with Mr. Frank Marshall, City Engineer. He added that there'd be no cost to the City since he'd travel in Mr. Marshall's car, and the seminar was set for February 2nd. Mayor Ledbetter said he had no objections and Councilman Wargo also had no objections. Mayor Ledbetter said at the last meeting of VCOG they passed a resolution pertaining to the dredging of Ponce Inlet and asked the Corps of Engineers to expedite it as soon as possible for the benefit and welfare of people in Volusia County. He said that VCOG asked that each member City pass a resolution also and send it to the legislators. Councilman Spencer stated that the dredging needs to be done but there was a lot of controve~y about what was to be done about the sand and asked Mayor Led- better if that was mentioned. Mayor Ledbetter said he thought it was within the Ponce Inlet's scope of responsibilities. Councilman Wargo said he wouldn't want to commit himself until he finds out what they're going to do with the sand and it's very contro- versial. Mayor Ledbetter noted that the necessity for the dredging was because the mouth of the inlet keeps shifting and endangers the commercial fishermen. Councilman Wargo said there's controversy about what they'll do with the sand and they shouldn't put pressure on anyone until they decide on the disposition of the sand. Mr. Walter Gross said it's a serious situation and is dangerous. Mayor Ledbetter requested the City Clerk write a letter that the City doesn't wish to adopt a resolution and they can forget it. -6- Special Council Meeting Minutes January 23, 1984 . . Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Clerk Reports - City Clerk Kinsey stated that Brent Millikan would do a presen- tation regarding the effects of Proposition I and could come to the February 6th meeting or schedule another date if Council wishes to hear this. Councilman Asting said he understood that they would present the pros and cons and take a neutral stand. Council members agreed to the regular meeting on February 6th. City Clerk Kinsey read a memo dated January 6th regarding the County's offering the two half lots in Florida Shores, 1619 and 1666, to the City if the City will pay the paving assessments and a small recording fee. She said she'd looked at the lots and there was a possible use of part of one perhaps fora lift station or storage of equip- ment. Councilman Wargo moved to proceed with the request to the County for the lots. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter stated that he'd look at these with Mr. Copeland. City Attorney Reports - City Attorney Alvarez said the City is named in a lawsuit between Bucky McEver and the City's insurance carrier and it's an allegation that the insurance carrier didn't comply with the State requirements to offer the City the option to buy uninsured motorists coverage. He said he filed an answer on behalf of the City and would like authorization to proceed and determine what is involved. Mayor Ledbetter asked if a City employee could sue the City of Edgewater as the carrier of the policy. City Attorney Alvarez said he wasn't present when the judgement was made but he was told that the City was a party to the insurance agreement and would be a party in the litigation. Councilman Spencer moved that the City Attorney proceed and determine the information he needs. Councilman Wargo seconded the motion. Councilman Wargo questioned how an employee can sue the City as that's why they carry workers' compensation and the City shouldn't be involved in this. Mayor Ledbetter said he'd received a call from Orlando on this. City Attorney Alvarez asked that all future comm- unications be referred to his office. Motion CARRIED 5-0. Public Works Department - Authorization forBids for Road Grader - Councilman Wargo moved that they authorize the City Clerk to advertise for bids for a road grader. Councilman Spencer seconded the motion. Councilwoman Bennington asked if they have to specify how they're going to buy the road grader. City Clerk Kinsey said Mr. Copeland and Mr. ~larshall drew up the specifications and she'd talked to several different leasing companies and they just have to add a statement "financing shall be lease purchase". Councilman Spencer said he hoped Councilman Wargo intended that in his motion and Councilman Wargo agreed he had. Motion CARRIED 5-0. Public Works Department - Authorization for Bids for Backhoe - Councilman Spencer moved that Council authorize the issuance of bids for a backhoe. Councilman Wargo seconded the motion. Councilwoman Bennington questioned how this would be paid and Councilman Spencer said it would be outright and the money was budgeted for that purpos~ assuming they get bids for that amount or under. Motion CARRIED 4-1. Councilwoman Bennington voted NO because she didn't feel an outright purchase of the backhoe is in the best interest of the citizens. Public Works Department - Authorization for Bids for Transfer Trailer Repairs - City Clerk Kinsey said she'd talked with Mr. Alex Kish of Brent Millikan and he felt the proposed figures in the $6,000.00 range may be taken from the equipment reserve fund and the funds are available for this. Councilwoman Bennington asked if they need bids for the repair. Councilman Wargo questioned if they could take this under the emergency provision. Councilman Spencer said they all saw the trailer and talked with Mr. Blanton at the workshop and he felt this is a situation where they don't know when the trailer might collapse. He added that he felt it's an emergency situation and they should act on it and authorize repairs to be done as soon as possible and have it done over the week-end. He noted that there is progressive corrosion and the holes are getting larger. Councilman Spencer moved that under the emergency purchasing provision that the Council authorize the repair of that by Mr. Blanton who had given the quotation for doing the work. Councilman Asting seconded the motion. Councilwoman Bennington said she agrees that it needs to be repaired but she doesn't like the fact that it got to this point that they have to act on an emergency basis and it should have been kept in a state of repair all along. Councilman Wargo noted that he saw it around Thanks- giving and he determined then what it would take to repair it and they were informed at budget time that there was a problem, plus the need for two trailers due to increased pickups and the need for increased trips in the near future. He added that he feels they have to do this. Councilwoman Bennington said it should have been fixed as soon as it started rusting and kept up instead of getting to the point that it takes $6,000.00 to fix it. City Clerk Kinsey asked how it could have been kept up. Councilwoman Bennington said they could have done a panel at a time and not let it get to the point that it has to be done now on an emergency basis. -7- Special Council Meeting Minutes January 23, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department - Authorization for Bids for Transfer Trailer Repairs -(cont'd) Councilman Spencer read from the Code regarding emergency purchases and said he felt they're in a situation where it really needs taken care of and they comply with the provision. Mayor Ledbetter stated that this is another item where itls a dire emergency and therels something wrong when everything starts to deteriorate at the same time. Councilman Asting noted that he knew about this three weeks ago and it's just now getting to Council and Council is partly responsible for not acting on this sooner. Motion CARRIED 4-1. Mayor Ledbetter voted NO. Public Works De artment - Authorization for Purchase or Mechanic's Tools on an Emer enc Basis - Over 1,000.00 - City Clerk Kinsey stated that they'd looked at,various places for prices and Sears had a set of 841 pieces for $2,499.00. She noted that S&K had a 25 piece set and also a 266 piece for $2,130.38. She added that the mechanic has left the City's employment and took his own tools and they have nothing for day to day oper- ations. She said the Sears price could possibly be reduced but the bid procedure needs to be addressed. Councilman Wargo moved to waive the bid price. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter suggested a motion be made to instruct the City Clerk to issue a purchase order for the tools. Councilman Wargo so moved. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Advisory Board Vacancies - Councilman Spencer suggested that Council consider all the board vacancies with the exception of Planning and Zoning and consider those after they consider the ordinance to combine the two boards. Councilman Wargo said he saw no reason to combine the boards. Councilwoman Bennington noted that they voted on it and instructed the City Attorney to draw up the ordinance. Councilman Asting noted that on the Industrial Board there is one appointment expiring but they still have plenty of members to let the Board function and held talked to the Board Chairman and she advised him she had plenty of members to continue the work. Councilwoman Bennington moved that because they have some communications regarding the Planning and Zoning Commission that they hold off until after Communications and Ordinances and Resolutions. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilwoman Bennington moved that they accept Councilman Asting's suggestion and leave the Industrial Development Board as it is for the time being. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilman Wargo said held heard from Mr. Paul Monaco from the building business and he'd serve on the Building Code Board.. He noted that Mr. Monaco assists his son in Port Orange and hels semi-retired. He said he felt they should have residents of this community on these boards. Councilwoman Bennington said they need a plumber to cover the expired term and Mr. Frank Hall had been appointed because there wasn't a resident at the time of his appointment. She added that they need someone in the trades. Councilman Wargo said he didn't agree and with current controversies regarding floor elevations there could be a conflict of interest and they need some citizen input- and he moved to appoint Mr. Monaco. Mayor Ledbetter said he'd..known Mr. Monaco for years and he passed the gavel to Vice Mayor Bennington and seconded the motion. Councilman Spencer asked if he's an Edgewater resident and Councilman Wargo said he lives in Wildwood. Mayor Ledbetter noted that if they can1t find a plumber they can provide a competent citizen. Motion CARRIED 5-0. Vice Mayor Bennington passed the gavel back to Mayor Ledbetter. City Attorney Alvarez said the appointment could be made subject to compliance with State requirements, if they're applicable. Councilwoman Bennington moved that they re-appoint Ms. Mary Rice to the Library Board. Councilmen Spencer and Wargo seconded the motion simultaneously. Motion CARRIED 5-0. Councilman Spencer nominated Mr. Jimmie Newell for re-appointment to the Board of Adjustments. Councilman Asting seconded the nomination. Motion CARRIED 5-0. Councilwoman Bennington said she was asked to submit the name of Ed Hall for the Board of Adjustments. City Clerk Kinsey asked if hels an Edgewater resident and Councilwoman Bennington said he is. Councilman Spencer seconded the nomination, The nomination DID NOT CARRY 2-3. Councilmen Asting and Wargo and Mayor Ledbetter voted NO. There were no other nominations for the Board of Adjustments and Council- woman Bennington suggested they come up with someone by the next meeting. -8- Special Council Meeting Minutes January 23, 1984 .' . o o COMMUNICATIONS Frank Opal re: Planning Board - City Clerk Kinsey noted that these two communications for board appointments were requested to be placed on the agenda. She read the January 18th letter from Mr. Opal in which he requested re-appointment to the Planning Commission for a full term. Dan Nolan re: Zoning Board - City Clerk Kinsey read the letter from Mr. Dan Nolan in which he requested appointment to the Zoning Commission. Councilwoman Bennington moved that they accept both the letters for consideration for board appointments. Councilman Asting noted that they had a letter from Mrs. Ann Thomas and Councilwoman Bennington said she hadn't asked to be included on the agenda. Council- man Wargo seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 84-0-2 Intent to Vacate a Portion of liThe Strand" - City Attorney Alvarez read this Ordinance. Ord. 84-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A PORTION OF A ROAD KNOWN AS liTHE STRAND" NORTH OF SANCHEZ AVENUE AND PALMETTO PARK SUBDIVISION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington asked if this should be postponed and City Attorney Alvarez said it could be approved with a provision that it comply with the request for a survey be made of the road as it is now and dedicated perpetually to the City for a thoroughfare. Councilwoman Bennington moved that they accept Ordinance 84-0-2 based on the conditions the City Attorney outlined. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Ord. 84-0-3 - Establish and Combine Planning and Zoning Commissions - 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 COMMISSIOW; PROVIDING FOR MEMBERSHIP; POWERS, DUTIES, AND PROCEDURES; SPECIFICALLY REPEALING ORDINANCE 82-0-3 WHICH ESTABLISHED THE EDGEWATER ZONING COMMISSION AND THE EDGEWATER PLANNING AGENCY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer said he had some modifications held like Council to consider. The first was the last sentence of subsection (2) regarding removing a member at the pleasure of Counci1,he wanted to add "and public hearing". He added that the next was subsection (4) regarding no recommendations may be made unless four members concur to require it to be "a majority of the members present". Councilman Spencer moved that these two changes be made. City Attorney Alvarez noted that the reason the number of four was used was a recent opinion of the Attorney General that it has to be a majority vote of the membership, although it wasn't for a Planning and Zoning Board but for Code Enforcement Board. Councilman Spencer noted that if there were only three Council members present, then two would be a majority except on certain matters. Councilman Spencer asked the City Attorney if he's advising that it would inprudent of them to change from the four listed. City Attorney Alvarez said no, it was an opinion but it didn't specifi- cally address this situation. Councilman Asting questioned the word Commission instead of Board. City Attorney Alvarez said they could make the change procedurally and make it in one motion. He said he could make the changeon the original. Councilman Spencer noted that all the other boards are called boards and this would be consistent. Councilman Spencer withdrew his motion and moved that they adopt this Ordinance 84-0-3 with the name change to "Board"~ adding "and public hearing", and change the number of members required with only four present from four to three. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilman Spencer asked if appointments should be made since it passed on first reading. Councilwoman Bennington said she felt they should wait until the second reading in case it doesn't pass. Res. 84-R-4 Employee Appointments to Pension Board - City Attorney Alvarez read this Resolution. Res. 84-R-4 - A RESOLUTION APPOINTING DAVID PETTIT AND RE-APPOINTING KAREN RICKELMAN AND DEBORAH SIGLER AS EMPLOYEE MEMBERS ON THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR THEIR DUTIES, RIGHTS AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to accept Resolution 84-R-4. Councilman Asting seconded the motion. Motion CARRIED 5-0. -9- Special Council Meeting Minutes January 23, 1984 ~. ... o o UNFINISHED BUSINESS Councilman Asting asked that the Fire Department bids be opened so the firemen in the audience could be excused. City Attorney Alvarez asked to be excused due to an early morning appointment the next day. Councilwoman Bennington asked the City Attorney if she could legally change a vote taken if it didn't effect the outcome. City Attorney Alvarez said it's a prerogative and she can't be held to a vote. Councilman Wargo questioned this as according to Robert's Rules of Order the only way the vote can be considered is to reconsider and go through the vote again. Council- woman Bennington said her vote wouldn't effect the outcome but she won't change if it Council says she can't. Councilman Wargo pointed out that if it doesn't change the outcome, it's a moot point. Councilwoman Bennington said she wanted to make a state- ment for the record that her vote for the transfer trailer be changed from yes to no because she didn't feel it was an emergency as set in the Code and it was preventative. The City Attorney left the meeting at 10:45 PM. NEW BUSINESS Opening of Bids for Fire Department Bunker Gear - City Clerk Kinsey read the certifi- cation of bids received from Dowling Fire Equipment, Inc.; Panama Fire Equipment and Supply; Jacksonville Fire Equipment Company; Municipal Equipment Company; Morning Pride Manufacturing Company; Harold's Sales and Service Company, Inc.; and Biscayne Fire Equipment Company. She opened the bids and read the totals for the 25 sets of bunker gear for firemen; Dowling Fire Equipment, Inc. - $8,409.00; Panama Fire Equipment & Supply - $6,182.25; Jacksonville Fire Equipment Co. - $7,505.50; Municipal Equipment Company - $6,525.00; Morning Pride Manufacturing Company - $5,487.50; Harold's Sales and Service Co.,Inc. - $5,897.00; and Biscayne Fire Equipment Company - $6,510.00. Councilwoman Bennington questioned if funds were available for the lowest bidder and City Clerk Kinsey said they have $8,123.55 in the County Fire District fund in the City. Mr. George Kennedy, Fire Chief, showed Council the old gear and said the new ones can be put on the fire and won't burn and they're going to change from yellow because of the dirt. Councilman Spencer asked if they can consider all the bids valid. Mr. Kennedy said they're all reputable companies and he has dealt with most of them in the past. Councilwoman Bennington asked if the one from out of state would have shipping costs involved. City Clerk Kinsey said she'd like to go through them and have a special meeting. There was a discussion regarding available dates. Councilman Asting asked Mr. Kennedy if the quality was equal and Mr. Kennedy said they tried to work out speci- fications so all quality would be equal. Councilman Asting moved to TABLE the decision on the bids until Wednesday night, January 25th, at 6:30 PM. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Wargo moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 10:56 PM. Minutes submitted by: Lura Sue Koser ATTE~ ~-~ ,f, CITY CLERK Approved thi s III day l~~,~~~~ MAYOR () -10- Special Council Meeting Minutes January 23, 1984 7<1 ~ ~