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01-09-1984 - Special o o CITY COUNCIL OF EDGEWATER SPECIAL MEETING JANUARY 9, 1984 MINUTES Mayor David Ledbetter called the Special Meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Mayor Ledbetter stated that this is a Special meeting date fell on a national holiday. Present Present Present Present Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Meeting due to the fact that Present Present Present Present the regular APPROVAL OF MINUTES Special Meeting & Workshop of December 15, 1983 - Councilman Spencer moved that Council approve the minutes of December 15, 1983. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Regular Meeting of December 19, 1983 - Councilman Asting moved to adopt these minutes. Councilman Spencer seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer noted that on page 3 of the bills and accounts there are eight bills and credits from Briley, Wild and he had reviewed those and was delighted that Briley, ~ Wild has started giving them information to identify just what the bills are for. He added that three of the eight were credits for items that the City felt they were not properly charged. Councilwoman Bennington moved to pay the bills and accounts. Councilman Spencer seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Robert H. Christy, 1916 Evergreen Drive, asked to speak to Councilman Spencer and then asked Councilman Spencer if he had made a remark about the Fire Department not being granted permission to have Bingo. Mayor .Ledbetter said the Fire Department was not allowed to accept Bingo from the American Legion when they decided they couldn1t handle it but Councilman Spencer wasn't on the Council at that time. Mr. Christy said he wanted it clear in his own mind because the Council gave the Fire Department per- mission to have Bingo. Councilman Spencer said House Bill 611 passed the State legislature and became effective October 1,1983, and one provision in that bill was that there are certain facilities and locations where Bingo may be played and one is a municipal facility or auditorium provided the City Council has authorized such and he requested the City Attorney to draw up an authorization to grant this. He said this is a just a technicality to make sure that the people who use the facilities are covered with the authorization. Mr. Christy asked Councilman Spencer if there would be a vendetta against the Fire Department and Councilman Spencer replied that was not true. Mr. Christy then asked Councilman Spencer if it was true that at one of the Council meetings prior to the Halloween House party when they were discussing donations to the Halloween House, John Gross gave him a check to be a member of the organization that he's in. Councilman Spencer said he did receive the check from Mr. Gross and it was unsigned. Mr. Christy asked Councilman Spencer if he realized that he was breaking the law. Councilman Spencer advised Mr. Christy that if he wants to file suit against him, he may do so. o o MISCELLANEOUS (continued) Mr. Charles Barton, 1324 Travelers Palm Drive, questioned why cable TV is not available on his street. He said he had made numerous calls to the company and during his last conversation with the branch manager he was told that they wouldn't be doing anything because there's no money. He asked if there's a contract with the City to supply to the entire city. Mayor Ledbetter said the franchise has been extended to another company recently and has changed hands several times and added that he also heard from the manager that there was no money for expansion. He said that he'd been told they would extend in sections but they havenlt lived up to that and the Council has asked the City Attorney to review the franchise. and they'll need to get a reply from the City Attorney to see what they can demand of them. Mr. Barton said they should honor the agreement they have with the City. City Attorney Alvarez said he had briefly reviewed the agreement but doesn't want to make a state- ment on record yet. Mr. Barton then spoke on the terrible condition of 12th Street and said there is a lot of traffic there. Mayor Ledbetter said held talk to the man in the morning about that. Mr. Barton said a grader dug dirt from the drainage ditch and it was piled on both sides and then spread over the road surface which made it worse than ever. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilman Asting stated that New Smyrna Beach is thinking of annexing more land to the west and he's asked the City Clerk to research this to see if there's an interlocal agreement as to the boundary line between New Smyrna Beach and Edgewater as he recalled when the Comprehensive Plan was finalized, there was a distinct boundary established. Councilman Spencer requested Council's authorization to go the 1984 Florida Wastewater Management Seminar held on the 10th and 11th in Tallahassee. He said that Terry Wadsworth is going to attend and his only costs would be a registration of $15.00 and a few meals as he'd be sharing the City car with ~1r. Wadsworth. He noted that Florida Shores where he lives is going to have to have sewage facilities before too many years and the State has passed the Water Quality Assurance Act and this seminar is to under- stand the grants that are available. Councilman Asting moved to authorized Councilman Spencer to attend the meeting with the Superintendent, Terry Wadsworth. Councilwoman Bennington seconded for discussion. Councilman Wargo asked if Mr. Wadsworth is authorized to go and City Clerk Kinsey said they don't normally request Council approval for a seminar, and the cost would be way under $1,000.00. Motion CARRIED 4-1. Councilman Wargo voted NO. City Clerk Reports - City Clerk Kinsey said they'd discussed purchasing a road grader at budget time and there have also been some major repairs needed on the garbage transfer trailer and she recommended a workshop on January 19th at 10:00 AM to dis- cuss Street and Refuse equipment needs and purchases. Councilman Spencer said he'd prefer the.day before or after if possible. Councilwoman Bennington said she couldn't make in Friday morning. Council members agreed to Wednesday, January 18th at 10:00AM. COMMUNICATIONS John Coffee re: Police Personnel - City Clerk Kinsey read the December 28, 1983, letter to Police Chief Earl Baugh regarding a commendation of Officer Sandra Hansen and Animal Control Officer David Barnhart for their assistance in locating addresses for distributions of food certificates from the Elks Lodge and toys collected by the Turnbull Volunteer Fire Department and Elks Lodge to the needy families. Councilman Asting moved that a copy of this letter be placed in the personnel file for Officer Hansen. Council- man Spencer seconded the motion. Motion CARRIED 5-0. Councilman Ledbetter noted the reason why David Barnhart's name wasn't in the motion was because he resigned as of January 3, 1984. -2- Special Council Meeting Minutes January 9, 1984 o u COMMUNICATIONS (continued) Ben Vazquez re: Paving Assessments - Mr. Ben Vazquez, property owner in Edgewater, said he was concerned about the road paving program and has argued strongly that this program is not in keeping with the law. He said he had passed a flyer around the City stating his concern and what he feJt was wrong with the road paving program. He requested permission to ask questions of the City Attorney or City Clerk. He said there was a letter issued by the City dated November 22nd to the property owners of Florida Shores and the letter stated Florida Statutes 170.09 and 170.10, and asked what bond issue they're referring to in 170.09. Mayor Ledbetter asked what he meant bya bond issue and Mr. Vazquez said 170.09 addresses bonds. . Mayor Ledbetter said the last bond issue in Edgewater was on the water-sewer program. Mr. Vazquez said they're asking the people in Edgewater, particularly those in Florida Shores, to pay up their assessments. He added that the City couldn't legally assess these people based on what was stated previously back in May of 1983. He said that the Council has revised some of the ordinances and then the letter went out a few months later. He said that Statute 170.09 regarding methods of payment states in part that special assessments shall have liens and shall bear interest not to exceed the rate of 1% above rate of interest of the improvement bonds. He continued reading that section of the Statute, which listed not more then 10 equal yearly payments to be made. He asked why the people were being billed monthly when the Statute says yearly. He said the people couldn't be forced to pay their assessments monthly and it's jeopardizing their property and not in keeping with the State Statutes. He again asked what bonds were issued against this assessment. Mayor Ledbetter said no bonds were issued as the City didn't need them. Mr. Vazquez referred to the seven-page report posted in the Library which had on the last page 0076 and a date of 11/18/83. City Clerk Kinsey said that is part of the program in the computer and it was done before the bills were sent. Mr. Vazquez asked under what authority the people are being assessed and City Attorney Alvarez said it's Chapter 170. Mr. Vazquez asked by what authority does the City have the right to assess the people. City Attorney Alvarez said it's Chapter 170, supplemental and alternative methods of making local municipal improvements. Mr. Vazquez asked City Attorney Alvarez to interpret 170.09 and asked if he'd cited this for the City Clerk, and if he prepared the document, and gave them legal advice.' City Attorney Alvarez said that he didn't prepare the document but he gave them legal advice to include in the letter of notification the pertinent provisions of the Statutes. Mr. Vazquez said the Statute clearly addresses bonds and he asked what bonds were placed against the assessments. City Attorney Alvarez asked Mr. Vazquez if he's aware that Section 170.09 was amended by the 1982 legislative session. Mr. Vazquez said what he had was supposed to be the latest. City Attorney Alvarez read from the section "shall bear interest at a rate not to exceed 8% per year, or if bonds are issued" and said that was the difference, it gives the choice to use bonds or assess.and the City chose to assess as decided by the prior Council. Mr. Vazquez said he still didn't have an answer to his question by what authority this was done, and said City Attorney Alvarez had stated the City could arbitrarily assess people. City Attorney Alvarez said he had not used the word arbitrarily, but the City does have the power pursuant to the Statute to make local improvements as specified in the Statutes, and follow the procedures of the Statutes which they have done to the letter of the law and may make assessments to the property owner. City Attorney Alvarez reviewed the process and told Mr. Vazquez held be happy to talk with him if he had something else or he could meet with other City representatives to discuss this. Councilman Wargo made a motion that if Mr. Vazquez wants to continue this he can go through the City Attorney. The motion wasn't seconded. Mayor Ledbetter asked Mr. Vazquez if he owns property on the paved streets and Mr. Vazquez replied that he's a property owner in the City of Edgewater and he cannot be denied the right to be heard. A member of the audience said that Mr. Vazquez is repre- senting them. Mr. Vazquez said if the City Attorney cannot tell him by what Statute the people are being assessed, then there's something wrong, and the City can't go out and start paving and put in sewers and water and then put out a special assessment. He said that Florida Shores is virgin territory and that's going to be the biggest ripoff there ever was in the City of Edgewater. He said he was speaking to Council as a property owner and he didn't want to be skinned, and that's what they're getting ready to do_ in Florida Shores. Mayor Ledbetter said he isn't ready to skin anybody in Florida Shores, and he didn't go along with the concept when it was conceived and he still doesn't go along with it, and asked why he didn't come for the public hearings. Mr. Vazquez said he was there before and was escorted out and they didn't use good sense and there are ways to get to them without talking to them. He said he wanted to talk to them man to man and find out why they're singling out Florida Shores and the people there will have to bear the burden for the entire City. -3- Special Council Meeting Minutes January 9, 1984 o o COMMUNICATIONS (continued) Ben Vazquez re: Paving Assessments (continued)- Mr. Vazquez said the liens have not been filed yet and asked why this wasn't done, and requested the City Attorney tell the people in the audience why this wasn't done. He asked who would be responsible for paying this if the liens aren't filed, and said as of Friday noon he'd been at the County Clerk's in Deland and was told by them that if those liens aren't filed then nobody can collect this debt. He said there wasn't even a blanket lien put in. Mayor Ledbetter asked how a lien can be filed now and Mr. Vazquez said the lien is filed the minute the assessment program is passed according to the Statutes and he dared the City Attorney to tell him different. Mayor Ledbetter said he wasn't going to argue with him and Mr. Vazquez said he wasn't arguing, he's just telling them what the Statutes say, and they still hadn't answered his question. He said he wanted the people in the audience to know what's going on as he already knows what's going on and they aren't going to con him. He advised them to tell the people that they're getting ready to rip them off in Florida Shores. He told Mayor Ledbetter that he knew how it all happened and in 1975 they conned the people and now they're getting ready to con them again.with the lousy sewer and water program. Mr. Vazquez said he's got the figures and facts and is going to send it all to Washington, and said they 'are $700,000. from the Farmers Home Administration and they know what he's talking about with the sewer and water project. Councilman Spencer asked that he stay with the paving project since that's what he asked to speak about. Mr. Vazquez said all he wants them to do is be honest with the people as they've broken their trust with the people and the people had trusted them and they'd been conned. Mayor Ledbetter said he hadn't conned anybody and the bond issue referred to was on water and sewer and he wasn't here then. Mayor Ledbetter added that he didn't go along with the paving of Florida Shores. Mr. Vazquez told Mayor Ledbetter that as mayor of this town he should know what's going on and should alert the people of what was going on and added that everyone on Council is guilty of moral turpitude and they know it because they've broken their trust with the people. He said the people elected them so they could have representation, not only a small group, but the entire City. He added that the people don't want to get ripped off and if they don't watch themselves in Florida Shores that's exactly what they're getting ready to do, and it's just the beginning. He said he didn't care because he could sell his place and that's what he's going to tell everybody else to do in Florida Shores. Mr. Vazquez said they're also trying to fill up Florida Shores and they're doing that by allowing people to build houses there in violation of the ordinances which state that you can't build a house unless you're a contractor or if you build it, you have to live in it six months. He again asked why the liens weren't filed and requested the City Attorney tell the people why the liens weren't filed. Mayor Ledbetter asked City Attorney Alvarez if there is any reason to file the liens and City Attorney Alvarez said no. Mr. Vazquez said anybody can say that but the Statute says you've got to file a lien and they told him in Deland that you have to file a lien and asked why City Attorney Alvarez didn't know that. He said 170.09 refers to yearly installment payments and does not say it can be monthly, and asked who's going to pay the tab if they sell the property and there's no liens filed. Councilman Spencer said they'd listened to Mr. Vazquez for quite a period of time and moved that Council discontinue with the discussion. Councilman Wargo seconded the motion. There were audible comments from the audience to let him continue speaking. Mr. Vazquez said they want to shut him up because they know what he's saying is true, and they're pulling the fast ones. There were more comments from the audience to answer his questions, and general disruption. Councilman Asting requested order be called. Mayor Ledbetter stated there's a motion on the floor to have the discussion cut off. Mr. Vazquez said there's no way to cut this discussion off because he asked for this time and that's illegal also. Councilman Wargo called a question on the motion. Mr. Vazquez asked again why the liens weren't filed and said the smart people over in Deland had just told him on Friday that the liens have to be filed. He said the liens can't be held until the very end and then file them because these people don't know where they stand. He added that it looks to him that the smart people who can read won't pay and that's why the liens haven't been filed, otherwise nobody can get off free in Florida Shores when those liens are filed. He said the liens have to be filed the day they approve the assessments and they are starting to collect on those assess- ments, which he feels is illegal. He asked who they can hold responsible for payment of that money to the City. -4- Special Council Meeting Minutes January 9, 1984 o o COMMUNICATIONS (continued) Ben Vazquez re: Paving Assessments (continued) - City Attorney Alvarez reviewed the process of the paving program since November of 1982. He said he doesn't like to cloud titles by filing liens. Mr. Vazquez said ,~atMr. Alvarez is an attorney and he may not want to file liens because of sympathy but the law is the law, and there's no latitude for feeling sorry for the taxpayer and he'd never heard of that before. He read from a copy of the letter sent by the City Clerk to the property owners and asked how they are specially benefitted by paved streets since the streets belong to the entire City. He said no other city in Volusia County levies an assessment for paving streets, and the letter states monthly payments but the Statutes state yearly installments of not more than ten years. Mr. Vazquez told City Attorney Alvarez he knew they couldn't do that and he wanted him to do his job as City Attorney and wanted him to let them know what's legal and not legal. He told City Attorney Alvarez if the only reason why he didn't file the liens is because he felt sorry for them then there's something wrong here because he never answered the question. He asked again who will be responsible for the assess- ment if the people sell the property and move before the year is up. City Attorney Alvarez said the liens attach to the property the moment the assessment is completed. Mr. Vazquez said as of Friday no liens had been filed and the girl in the utility office told him that the liens would not be filed for a year down the road, and that would be if they didn't pay the assessment. He said this couldn't be done and according to Deland you have to file the lien and over there they know what's going on and they wouldn't have missed that. He asked City Attorney Alvarez to tell the people why he couldn't file the liens in the morning. City Attorney Alvarez said he wouldn't recommend filing the liens until the period of time given to the people to pay without interest expires and referred to another Chapter, 174, which pertains to foreclosures. There was considerable confusion from the audience at this time. Mr. Vazquez again asked City Attorney Alvarez why he couldn't file those liens and City Attorney Alvarez said there's no need to file them. Councilman Wargo asked that the meeting be continued. There was more confusion and disruption in the audience. Councilman Wargo asked that a gentleman in the audience be escorted out and Council- woman Bennington agreed due to his disruption. Mayor Ledbetter said he felt they'd dwelled on this long enough. Mr. Vazquez asked Mayor Ledbetter to direct the City Attorney to answer the people as to why he hasn't filed the liens other than the excuse he'd just given. Mayor Ledbetter stated that Communications is over and it's time to go to Ordinances and Resolutions. He added that Mr. Vazquez had been heard for thirty-five minutes. Councilman Asting stated that he is not there to rip anybody off and neither is any other member of the Council and they make no profit nor does the City make a profit. He said he resented the fact that Mr. Vazquez said they were up there trying to rip the people off. Mr. Vazquez stood up in the audience to respond and Councilman Asting asked that he be removed from the audience. There was disruption and confusion in the audience. Mayor Ledbetter said the Council will go by the advice of the City Attorney. ORDINANCES AND RESOLUTIONS Ord. 84-0-1 Amendment to Article III, Citizen Code Enforcement Board - City Attorney Alvarez read this Ordinance. 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 PROVIDING THAT COPIES OF SECTION(S) ALLEGEDLY VIOLATED AND THE BOARD PROCEDURES BE GIVEN TO ALL ALLEGED VIOLATORS WHEN THEY ARE NOTIFIED OF A HEARING; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to accept Ordinance 84-0-1. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -5- Special Council Meeting Minutes January 9, 1984 o o ORDINANCES AND RESOLUTIONS (continued) Res. 84-R-l Appointment of Building Official and Code Enforcement Officer - City Attorney Alvarez read this Resolution. RES. 84~R-l - A RESOLUTION APPOINTING DENNIS FISCHER AS THE BUILDING OFFICIAL AND CODE ENFORCEMENT OFFICER OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING TERMS AND CONDITIONS OF EMPLOYMENT, REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-l. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Res. 84-R-2 Appointment of Employee Representative to Merit Board - City Attorney Alvarez read this Resolution. RES. 84-R-2 - A RESOLUTION RE-APPOINTING CITY OF EDGE- WATER EMPLOYEE DEBORAH SIGLER AS A MEMBER OF THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council- woman Bennington moved to accept Resolution 84-R-2. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 84-R-3 Authorizing Bingo Games in Edgewater Community Center - City Attorney Alvarez read this Resolution. RES. 84-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING BINGO GAMES IN THE EDGEWATER COMMUNITY CENTER, EDGEWATER, FLORIDA. Councilman Spencer moved that Council approve Resolution 84-R-3. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. UNFINISHED BUSINESS Joan and Charles H. Strong, Sr. - Attorney Jeff Clark, representing the Strongs, asked to speak to Council. He said one of the problems is that the Strongs are suffering from the drainage in the alleyway and he'd looked at the situation and the water is going across the street. He said it was his impression that with a little effort on the part of the City it could be rectified, and requested that the City Engineer look at this as he felt the retention pond on the east needed to be reviewed and perhaps have a slant on the road. Council members agreed that the City Engineer could look at this. Attorney Clark said the Strongs have water on the porch with heavy rains also. Attorney Clark said another problem of the Strongs is the traffic going through the alleyway and this does not meet the requirements as an easement for through traffic. Councilman Wargo said he felt they could put up a sign saying "private alley, no trespassing". Attorney Clark noted that the Police had not been out there like they should be. Mayor Ledbetter said some people use the alley for shortcuts and they don't respect property there. Councilman Spencer suggested the City Engineer look at this and maybe make improvements there." Councilman Asting moved that the City Engineer go out and check on the drainage and make the recommendation to the City Council as to what might be done there. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter asked if they want a sign posted and Councilman Wargo moved that a sign be posted saying "private alley" and "no trespassing". Councilman Asting seconded the motion. City Attorney Alvarez questioned if this is a private alley. Attorney Clark said it wasn't even quite an easement but maybe it could be "no thoroughfare". Mayor Ledbetter asked Mr. Christy, former Mayor, about the opening of the alleway for an easement to get trucks in. for deliveries. Mr. Christy said the plot plan shows it as an alley but they have the authority to close the alley off on the north and south ends leaving only that section behind the store open. Councilman Wargo said some people use that alley to get into their garages. Councilman Spencer suggested a maximum of 10 miles per hour. Councilman Asting said he doesn't agree with that. Councilwoman Bennington suggested speed bumps be put there and said the City Engineer could check that out when he checks the drainage. Council members agreed to that. Councilman Wargo withdrew his motion. Councilman Asting withdrew his second to the motion. -6- Special Council Meeting Minutes January 9, 1984 ~ (J UNFINISHED BUSINESS (continued) Joan and Charles H. Strong, Sr. (continued) - Mrs. Strong asked to speak regarding the December 1st incident. She said she called the Police Department at 10:35 PM and it was logged that she told the dispatcher that a bus went into the yard. She said there was no arrival time and no departure time even though it was logged by Officer Hansen. She added that the bus could have been found if they had wanted it to be. She said nobody showed up and she could identify the man who drove the bus, and nobody asked her if she wanted to be contacted and she is getting tired of her yard being used as a thoroughfare. She asked what could be done about that as they expect the Police to answer those calls and asked Chief Baugh to read the letters from the last meeting. Mayor Ledbetter asked Chief Baugh why there was no response to this call. Chief Baugh said Officer Hansen said she went out. Mayor Ledbetter questioned how she couldn't find something as large as that bus,and Chief Baugh said he didn't know. Mayor Ledbetter noted that a bus that size can't go up a 15 foot easement with- out going into someone's yard. Chief Baugh said he goes by the statements received from the dispatcher and patrolman, but could check it further and submit a letter to that effect. Mayor Ledbetter said he wants a written report in each Council member's box as to why this wasn't answered. He added that he1s heard calls at night where there's no complainant and that all calls should be answered. Chief Baugh said he agrees with that. Councilman Wargo moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 8:23 PM. Minutes submitted by: Lura Sue Koser WOMAN - ZONE TW -.7L?(~f/Yi:!J ~/ COUNCILMAN ~E THREr ~ ~,~ -- COUNq]LMAN ":" ZO~E FOUR C--~ 1/ ATTEST: g. a"'~ CI~' . Approved thi2.0?3d day of 1~7' ~[)~ ffgilv-- -7- Special Council Meeting Minutes January 9, 1984