12-02-1985 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 2, 1985
MINUTES
CALL TO ORDER
Mayor Baugh called the meeting to order at 7:02 P.M. in the Community Center.
ROLL CALL
Mayor Earl Baugh
Councilman Louis Rotundo
Councilman Russell Prater
Councilman Neil Asting
Present
Present
Present
Present
Councilman James Inman
City Attorney Jose'Alvarez
City Clerk Connie Martinez
Chief Lawrence Schumaker
Present
Present
Present
Present
INVOCATION, SALUTE TO THE FLAG
Reverend Siano, Edgewater Alliance Church, gave the invocation. There was a
salute to the Flag.
PROCLAMATION - NEEDY BASKET DAY
Mayor Baugh read the proclamation for December 4, 1985, which urged residents to
donate to this cause, and then presented the proclamation to Vic Vandergrifft,
Civil Defense Director. Mr. Vandergrifft thanked the Mayor and announced that
Civil Defense will no longer be handling this project after this year due to a
stumbling block but the project will go on and it won't die. He added that his
staff has done it for 8 years and will continue to do it as another organization
and won't let adults or children go hungry.
PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION:
Mayor Baugh requested a motion to recess the regular meeting and go into the
Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion.
Motion CARRIED 5-0.
Ord. #85-0-24 Amending Sec. 19-46 by providing intra-fund advances between Water
and Sewerage Trust Funds - City Attorney Alvarez read this Ordinance. ORD.#85-0-24-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION
19-46, TRUST FUNDS, OF THE CODE OF ORDINANCES OF EDGEWATER, FLORIDA, BY PROVIDING
FOR INTRA-FUND ADVANCES BETWEEN THE TRUST FUNDS FOR THE FINANCING OF CAPITAL
EXPANSIONS OF EITHER SYSTEM; PROVIDING FOR REPAYMENT; CONTAINING A REPEALER PROVISION;
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for
public input. Mr. Frank Opal, Florida Shores, expressed his concern about the
transfer of trust funds. He said the enabling ordinance #400 was to protect the
money strictly to payoff the present bond issue. He asked the City Attorney if
this transfer is legal, and if Farmers Home Administration has been told about it.
City Attorney Alvarez replied that when the ordinance was prepared, he met with
the Department Heads and City auditors and it was on the strength of the impartial
auditor's recommendation that this amendment to the ordinance was prepared. He
added that funds being utilized are not revenues, and that's used to payoff and
retire the debt service, and this is impact fees for capital improvements which
allows Council members to borrow from one fund to another with repayment to that
fund at the same rate of interest. He added it saves paying interest to an outside
institution. Mr. Opal stated that Ordinance 400 stated Farmers Home should be
notified before any changes are made. City Attorney Alvarez again stated that they
are changing Section 19-46 of the Code. Mayor Baugh stated that only impact fees
are being used and Mr. Wadsworth, Utilities Superintendent, agreed.
Ord. #85-0-27 Vacating 15 foot alley, corner Wilkinson and U.S.#l - City Attorney
Alvarez read this Ordinance. ORD. #85-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, VACATING A 15 FOOT ALLEYWAY AT THE REAR OF THE
JIFFY FOOD STORE LOCATED AT THE CORNER OF WILKINSON STREET AND U.S. 1 IN THE
CITY OF EDGEWATER; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Mr. Frank
Opal, Florida Shores, stated that this request has been attempted many times over
the years and was recently rejected by Planning and Zoning. He again stated that
the Council is abusing their rights and not accepting the decisions made by Planning
and Zoning. He asked who's running the City.
Mayor Baugh asked for a motion to adjourn the Public Hearing. Councilman Inman
so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0.
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PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: (Continued)
Ord. #85-0-24 - Amending Sec.19-46 by providing intrafund advances between
Water and Sewerage Trust Funds - Councilman Asting moved to adopt this Ordinance.
Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Ord. #85-0-27 Vacating 15 foot alley, corner Wilkinson and U.S.Hl - Councilman
Asting moved to adopt the Ordinance. Councilman Prater seconded the motion.
Motion CARRIED 5-0.
APPROVAL OF MINUTES
Regular Meeting of November 18, 1985 - Mayor Baugh stated this is for approval
of the November 18th minutes. Councilman Inman so moved. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
BILLS AND ACCOUNTS
Councilman Prater moved to pay the bills and accounts. Councilman Rotundo
seconded the motion. Motion CARRIED 5-0.
MISCELLANEOUS
Mr. Frank Opal, Florida Shores, spoke on the item on the agenda to vacate a
planting strip in Florida Shores. He said this was deeded to the City by Magnuson
Corporation. He pointed out Council recently rejected another request to gain
access to the City from the County. He added that the buffer strip surrounds all
of Florida Shores and not just part of it.
COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES
City Council Reports - There were no City Council Reports at this meeting.
City Attorney Reports - City Attorney Alvarez stated that he received that day
a letter from Attorney Van Houten, the opposing counsel in the City park liti-
gation in which the Council was sucessful in prevailing on its claim of title
on this property. He said the judge reserved ruling on the issue on the fairness
of returning to the property owner the taxes he'd paid in good faith, relying
on the Council actions in the 1950's with the unlawful deed that was issued.
He added they never produced a petition on the amount of taxes on the property
and the County Assessor's office has calculated these with a total amount for
taxes, plus the statutory interest, of $1,200. He said he needs Council authori-
zation to the Administrator to pay this amount and proceed. to enjoy the park.
Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion
CARRIED 5-0.
City Attorney Alvarez noted he'll comment on other items on the agenda also.
City Clerk Reports -
City Clerk Martinez stated that Council authorization is needed to cut the check
for the Volusia League of Municipalities dinner meeting December 12th sponsored
by Lake Helen. She noted that those who wish to attend need to have their
reservations in by the next morning. Councilman Asting moved to authorize the
City Administrator to cut the check. Councilman Inman seconded the motion.
Motion CARRIED 5-0.
City Clerk Martinez stated that the management personnel have an ordinance
establishing their benefits and salaries and they are requesting that the ordinance
be amended to receive the same vacation time as recently granted to all other
City employees. She noted this was discussed during negotiations and has been
ratified by two contracts with the third one pending that night. Councilman
Asting moved that the management team be authorized the same vacation time as
the regular City employees. Councilman Inman seconded the motion. Motion
CARRIED 5-0.
City Clerk Martinez stated that Central Florida Police Benevolent Association
notified them the bargaining unit members voted to accept the agreement and
they need Council authorization to accept it and implement the same. Councilman
Inman moved to ratify this contract. Councilman Prater seconded the motion.
Motion CARRIED 5-0.
-2- Council Regular Meeting Minutes
December 2, 1985
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
City Clerk Reports (Continued) -
City Clerk Martinez stated that for the past several years gift certifi-
cates were purchased for City employees at the holidays and if Council wishes
to do it again, an amount and a motion to buy them is needed. Councilman
Asting moved that they give a gift certificate to each City employee for
$20 to be used in the Winn-Dixie store in Edgewater. Councilman Inman
seconded the motion. Mayor Baugh asked if Winn-Dixie will accept this and
City Clerk Martinez said she had called them and they will. Motion CARRIED 5-0.
City Clerk Martinez stated that the New Smyrna Beach-Edgewater Humane Society
inadvertently forgot to bill the City for October, November, and December and
a representative has requested payment of the $1,500 now rather than waiting
until December 16th to have it on the agenda. She added that it's a budgeted
item. Mayor Baugh asked if they'll present bills from now on and City Clerk
Martinez said that's what she was told. Councilman Prater moved to grant the
request. Councilman Asting seconded the motion. Motion CARRIED 5-0.
Utilities Department - opening of bids for water supply wells - City Clerk
Martinez certified that bids were received from: Central Florida Well Drillers,
Inc.; Meridith Corporation; and Diversified Drilling Corporation. She opened
the bids and read the totals: Diversified Drilling Corporation - $90,160 for
items 1, 2, and 3; Meridith Corporation - $48,500 for items 1, 2, and 3; and
Central Florida Well Drillers, Inc.- $57,600 for items 1, 2, and 3, with an
alternate bid of $67,600. Councilman Asting asked why there's an alternate bid
and City Clerk Martinez said the engineers will have to answer that. Mayor
Baugh asked for a motion to turn this over to the engineers and Terry Wadsworth
and let them make a recommendation back to Council. Councilman Prater so
moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Building Official re: definition of screen room/patio enclosure and recommendation
on reduction of rear setbacks - City Clerk Martinez read the November 22nd
memo from Dennis Fischer, Building Official, who requested that there be a
definition for screen room/patio enclosure to read "an addition to the existing
structure most commonly attached to the fascia board, aluminum in nature,
having no fixed glass or heating/air conditioning system." He also requested
that the rear setbacks be reduced to 10 feet for screen room/patio enclosures
with a stipulation that it not be enclosed with permanent glass, heating, or
air conditioning. Mr. Fischer stated they don't have encroachments in the
zoning ordinance for overhangs, grade on slab patios, etc., and he's suggesting
they look at the sections of zoning to add to it the list of legal encroachments
in the setbacks because they don't address air conditioners, wooden decks, etc.
He said they need to address the patio slab on grade and he's recommending they
look into it in the R-4 zoning area only, as he has no problems in the R-l, 2,
and 3 areas. He added that's the area where they can have zero lot lines.
Councilman Asting suggested some of the representatives from Pelican Cove West
speak at this time and no Council member expressed an objection.
Mr. Henry Scherz, Egret Court, stated their problem was created by the Building
Department, the City, and Mr. Carder, and they allowed the homes to be built
on small lots and setbacks are inadequate for anything at all. He noted he
brought up the setbacks in 1983 and was told it was going to Council. He
said some of the people had to go for variances and making it 10 foot wouldn't
help because there will still be variances for about 20 or 25 people. He
added that 8 foot would help. He referred to a building being built now that's
11'3" off the lot line, and asked why it's being allowed. He stated the Board
of Adjustments was reluctant to do anything about these requests, and he
suggested these be grandfathered in. He spoke on the fact that some builders
that are licensed say they have the permits and then the people find out later
that the permit was received only after repeated requests to see it.
Mayor Baugh asked if anything can be done about those close to the property.
Mr. Fischer said he met with Mr. Carder that day and checked the front and side
setbacks and there was 13'2" to the rear setback and the foundation people
went by Florida Shores standards and put in less than a 7 foot rear setback,
so a rear setback encroachment is present at that house. He reviewed other
lot sizes and said Mr. Carder's willing to deed 7 foot to the rear of the property
to make the correct setbacks, and this could be turned over to Planning.
-3- Council Regular Meeting Minutes
December 2, 1985
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Building Official re: definition of screen room/patio enclosure and recommendation
on reduction of rear setbacks (Continued) -
Councilman Asting noted that two houses mentioned by Mr. Scherz were approximately
11 foot from the property line and couldn't be issued permits to put up a screen
room but could put a concrete slab to the property line. Mr. Fischer said they
could limit the length of the patio slab to 10 feet from the rear property line
which would make it impossible to encroach on that rear setback. Mr. Fischer
added that Mr. Carder went to the expense of installing 6 foot high stucco concrete
fences which have the 4 hour fire rating and is a natural fire prevention, and
the aluminum screen rooms would be almost fire proof.
Councilman Asting suggested the people at Pelican Cove West in the Homeowner's
Association could help if they see construction going up that's not legal. Mr.
Fischer agreed he depends a lot on the public for information, and the homeowners
need to get work done by someone who's licensed and has a competency card with
the City. Councilman Prater asked how Mr. Fischer would know if they put in
the glass windows and Mr. Fischer replied they can't do everything but if they
find out later they've put in glass, they'll take proper action and will have
the windows taken out and screens put in at their expense.
Mr. Scherz said they're not criticizing the Building Department, and the walls
behind him were put up because the level of ground behind his house was so high,
and walls are only put up if he's forced to do it. He asked the problem with
glass. He added that 10 foot is fine but they'll have 10 people or more who'l'l
have a variance and will have to pay the $50. He said he'd like to meet with
the Building Official and discuss this before they make any amendments. He
added they can suspend the license of the people who do the work without a permit.
Dominick Fazzone, 302 Paradise Lane in Shangri-La, said he's not opposed to
Pelican Cove West's requests but suggested Council seriously consider the
recommendation for the change because of future ramifications. He said Pelican
Cove West and Shangri-La were plotted for 20 foot at the time of building and
this recommendation is a step in the wrong direction and could lead to over-
crowded conditions in the future. He said they were told in Shangri-La that the
setbacks were 20 foot and they couldn't build beyond it and they accepted it.
He stated they have a problem with quality and quantity of water and have
drainage problems. He said screen rooms and patio enclosures will decrease the
amount of ground to absorb the water.
Ms. Helen Wyler, Shangri-La, asked her neighbor why they were allowed by the
Council to have a patio built and then had it rescinded because he'd written
a letter to Council. She said it was to be 8' by 15' long and he was the only
one who objected to their patio being built.
Mayor Baugh asked the City Attorney for his recommendation. City Attorney
Alvarez stated that according to Dennis Fischer, he can't enforce a setback
on a concrete slab and the builder could pour it within 2" of the property line
and the setbacks apply only to the main structure. He added they don't have
in the ordinance a definition on setbacks for temporary structures, and buyers
obtain the property and when they try to enclose it, they find they have to go
to the Board of Adjustments for a variance. He added they didn't qualify for
a variance because it's for a deviation of the ordinance with existing hardships
involved that aren't of their own doing.
Councilman Asting said the recommendation from the Building Official comes close
to solving the problem, and if it doesn't work, they can make another change
to the ordinance, and he moved that they accept the recommendation of the
Building Official and have the City Attorney prepare the necessary amendment.
Councilman Rotundo seconded the motion for questions, and asked if it's only
R-4 zoning for screen rooms and not glass. Councilman Asting replied yes.
Motion CARRIED 5-0.
City Attorney Alvarez said the amendment to the ordinance addresses the vacuum
they have and asked Mr. Fischer if he'd talked with the Chairman of Planning
and Zoning to discuss it. Mr. Fischer said they only discussed roof coverage
and noted the Planning Board wasn't scheduled to meet. City Attorney Alvarez
suggested they discuss it at the Planning and Zoning Board meeting scheduled
for this Thursday since it's a change to the zoning ordinance and must have a
recommendation from the Planning and Zoning Board. Mayor Baugh asked if he'll
be taking it to Planning and Zoning and City Attorney Alvarez replied yes.
-4- Council Regular Meeting Minutes
December 2, 1985
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) -
Merit Board recommendation to upgrade Street Supervisor
and Refuse Supervisor _ from a Grade 10 to Grade 11, and recommendation
to establish title of Automotive Shop Supervisor at Grade 11, with job
description - Mayor Baugh stated that they have a recommendation from the
Merit Board but he hasn't seen anything from the Public Works Superintendent.
City Clerk Martinez said she received a reply late that afternoon and she
read the memo regarding the Automotive Shop Supervisor and upgrade of the
Street Supervisor and Refuse Supervisor position recommendation from the
Public Works Superintendent. The memo suggested the positions of Street
Supervisor, Refuse Supervisor, and Mechanic be upgraded to a Grade 11, but
did not recommend the title of Automotive Shop Supervisor be adopted.
Mayor Baugh agreed he didn't think they need a shop supervisor. Councilman
Asting moved that the Auto Mechanic and Street Supervisor be upgraded from
Grade 10 to Grade 11. City Clerk Martinez asked if he meant to include
Refuse Supervisor also and Councilman Asting replied yes, both would be
included. Councilman Inman seconded the motion. Motion CARRIED 5-0.
Planning and Zoning Board recommendation to replace member - City Clerk
Martinez read the November 22nd memo from the Planning and Zoning Board which
recommended that James Poland be replaced due to a total of seven missed
meetings since March 20, 1985, with four being the past four meetings.
Councilman Asting moved to accept the recommendation of the Planning and Zoning
Board by removing James Poland from the Board because of absences. Councilman
Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested that
they look over the applications to make an appointment to the Board on December
16th.
COMMUNICATIONS
Edgewater Alliance Church request for peaceful march on December 21, 1985 -
City Clerk Martinez read the November 15th letter from Reverend Sal Siano.
He had requested permission to have a peaceful march from Menard Park to
Riverside Park on Saturday, December 21, 1985. City Clerk Martinez pointed
out that pursuant to Section 11-8,~16 of the Code, the fees for parades are
set by Council. Mayor Baugh asked the City Attorney his opinion. City
Attorney Alvarez read an excerpt from the law regarding the constitutional rights
for orderly and peaceful assemblies, subject to state or municipal legislation.
He noted they have the right to assemble and the issues are the necessary regu-
lations to conduct any parade in a manner that doesn't interfere with health
and safety of citizens who are using the same thoroughfares and reasonable
costs of providing for that protection. Mayor Baugh pointed out it would be
the cost for the Police Department personnel to be on the scene from the time
they leave Menard to the City limits. City Attorney Alvarez agreed and noted
they may have other units, such as Rescue, and that can be determined by the
administration and the Chief and other experts in the area.
Councilman Asting asked if they're going to Riverside Park as he thought New
Smyrna Beach denied it. Reverend Siano said they're attempting to do it and
it's back on the agenda for New Smyrna Beach on December 11th because of public
outcry about constitutional rights and they're waiting to see what Edgewater does.
Councilman Asting said he's for it because it's the right of American citizens
to assemble peacefully for their own cause and any organization in opposition to
this cause would receive the same consideration.
Mayor Baugh stated the Chief and City Clerk will give them an approximate amount
to expect. City Clerk Martinez pointed out the point of ending would have a
bearing on the figure and they'll need that information. Reverend Siano noted
the time frame will be determined by how many people participate and they're
estimating 75 to 100.
Councilman Asting moved to authorize the Edgewater Alliance Church to have their
march. Councilman Prater' seconded the motion. Councilman Rotundo asked if they'll
march back to Edgewater and Reverend Siano said it will be one way and they'll
arrange for transportation to pick them up. Councilman Inman asked if the City
has any liability regarding this march. City Attorney Alvarez replied it's as
much as any other activity undertaken by the City but it's a liability that's
constitutionally mandated to face, and regulations are to minimize the liability
but there will be exposure. Motion CARRIED 5-0. Reverend Siano asked to leave
literature on the pro-life issue for Council's information and City Attorney
Alvarez suggested this wasn't the time for such a distribution and it could be
done on an individual basis.
-5- Council Regular Meeting Minutes
December 2, 1985
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COMMUNICATIONS (Continued)
Councilman Asting requested a brief recess at this time. Mayor Baugh called
the recess at 8:30 P.M. Mayor Baugh called the meeting back in session at
8:35 P.M.
Petition from 1800 Banyon Tree Dr. residents re: paving - Mayor Baugh noted
that they received from Earl Copeland a list of streets to be resurfaced and
Banyon Tree is first on the list. City Clerk Martinez suggested it be north
and south sides of Banyon since the north is such a short distance. Councilman
Inman said he was approached by a resident who mentioned the poor condition of
Banyon, and he'll inform him of this.
Alice Murphy re: building on East side of Riverside Dr. - City Clerk Martinez
read the November 20th letter from Mrs. Murphy. Mrs. Murphy stated her concern
is for the preservation of as much as possible of the East side of Riverside
Drive in its natural state and the Comprehensive Plan requires that. She
said there's a disagreement about riparian rights and submerged land. She
read the dictionary definitions for riparian rights. She stated that a City
employee told her ownership means the land 200 feet from the shore and the
Building Department uses that assumption. She asked if owners have the right
to bring the land uptoa level that it will qualify for flood insurance. She
noted that some people have gone to the tax assessor's office about paying too
high taxes because it's submerged land at high tide and the taxes have been
reduced. She expressed her concern that the Building Official has inherited
some of the opinions of the former Building Inspector.
Mrs. Murphy suggested they call in an environmentalist and others from the State
to see how they can legally protect the land. She asked if they have to permit
illegal building to avoid lawsuits.
Mrs. Murphy said depth has to conform on these lots and they're allowing the
filling of the land before the survey. She stated that when there's a zoning
dispute, the official City map should prevail. She referred to a lot that
extended a long way beyond the 120 feet and asked who owns the extra land and
why there's a discrepancy in the depth.
Mrs. Murphy asked for a moratorium on building on Riverside Drive north of East
Marion Avenue and the City should get expert counsel. She said the shore will
be taken over by private enterprises.
Mayor Baugh noted they have a lot of information to research. City Attorney
Alvarez stated that Mrs. Murphy is presenting a worthwhile battle in bringing an
issue of preservation of those lands and the possibility of a moratorium. He
suggested that Mrs. Murphy identify just what sections of land they're talking
about and then research will begin by the Planning and Zoning Board, the D.E.R.,
and Mrs. Murphy could start as a committee to get the information together.
He added that Council needs to get a statement of policy and the Building Official
will heed this and any request for a building permit in that area will be closely
scrutinized until the legal research is done. He pointed out they can't trample
across the individual rights of the property owners.
Mrs. Murphy asked why they can build an 8 foot mound on that land. Councilman
Rotundo noted they do that because of the flood plain and they can't get insurance
on the house if they don't go that high. Mrs. Murphy asked if they have the
privilege of changing the level of the land and the drainage. City Attorney
Alvarez asked Mr. Fischer about the building height restrictions there and Mr.
Fischer reviewed the limits. Mrs. Murphy asked if the dirt can be part of the
building and Mr. Fischer said they have 22 foot above the crown of the road in
the R-lA area.
Mayor Baugh asked Mrs. Murphy to identify the area and Mrs. Murphy said it's
East Marion to the Gabordy Canal, and they should show the survey and not use the
dirt on it already. City Attorney Alvarez pointed out they just got court title
for land on the river. Mrs. Murphy asked if the State has given them the rights
to do this building, and asked if the Building Official agrees with riparian
rights that have 200 feet. Mr. Fischer stated the front setbacks are still 40
feet on Riverside Drive and rear setback is 20 feet from rear dwelling lines.
Mrs. Murphy said she was told by someone in the Building Official's office that
it's owned for 200 feet. Mayor Baugh asked Mr. Fischer to meet with Planning and
Zoning and to get procedures established.
-6- Council Regular Meeting Minutes
December 2, 1985
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COMMUNICATIONS (Continued)
Frank Hall request re: satellite special exception - City Clerk Martinez
stated this was administratively withdrawn because he's resolved the problem.
Gary Robison request to vacate planting strip - City Clerk Martinez read the
November 26th letter from Mr. Robison in which he requested the City to vacate
a portion of the buffer strip bordering the Florida Shores Subdivision so that
he can have access to his property which faces 28th Street. His letter also
stated that he is trying to refinance the property and can't get a loan for it
without egress and access. Mr. Robison stated that he wasn't aware of the
problem with the property when he bought it and he's landlocked. He said he's
in business in Edgewater and uses all the public streets. City Attorney
Alvarez asked if there's a driveway there now and Mr. Robison replied yes and
it's the only access and egress. City Attorney Alvarez asked if he's requesting
something that's there now and Mr. Robison agreed. Mr. Robison said he's not
adding anything to it and they've been using it for about 5 or 6 years.
Councilman Rotundo said they did this on 12th Street. Mayor Baugh suggested
they vacate just the portion used for a driveway. Mr. Robison said he's got a
circular drive that goes in and out and the frontage of the property is 100 feet.
City Attorney Alvarez pointed out if Council vacates the entire 100 foot, then
the property could be sold and developers could take the house down and use
it as a street. He added that Council has gone on record not to vacate but
they'll allow a driveway for one house and he could designate a normal 20 or
50 foot driveway and give them a legal so the Council might follow it.
Councilman Rotundo asked if it's in the City and Mr. Robison replied no, but
all the land around him is in the City. Councilman Prater asked to table this
for him to come back with a sketch for just what he wants for a driveway.
City Attorney Alvarez said they have to amend the plot to vacate it and it
will take an ordinance and a legal. Mr. Robison asked if it's a legal from a
surveyor and City Attorney Alvarez said yes. Mayor Baugh asked him to bring
back the information from the surveyor and Mr. Robison agreed he would.
Councilman Inman asked if he owns the lot adjacent to the house and Mr. Robison
replied yes, they have a total of 2~ acres. There was a brief discussion about
the exact location of his land and the lot of front of Mr. Robison's.
ORDINANCES AND RESOLUTIONS
Res. #85-R-44 Authorizing appropriate City officials to execute Amendment No.
2 to Agreement for consulting engineering services with Dyer, Riddle, Mills &
Precourt, Inc.jMarshall, Engineers - City Attorney Alvarez read this Resolution.
RES. #85-R-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT NO.
2 TO THE AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH DYER, RIDDLE, MILLS
& PRECOURT, INC. AND MARSHALL, ENGINEERS; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to authorize
the City Clerk, Mayor and City Attorney to sign the Agreement. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
Res. #85-R-45 Appointing Vice-Mayor and
leave the appointments as is because of
good job. Councilman Rotundo so moved.
Motion CARRIED 5-0.
Acting Mayor - Mayor Baugh suggested they
the signature cards and they've done a
Councilman Inman seconded the motion.
City Attorney Alvarez read this Resolution, inserting the names of Councilman
Neil Asting as Vice-Mayor and Councilman Russell Prater as Acting Mayor for terms
of one year. RES. #85-R-45 - A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, APPOINTING A VICE MAYOR AND AN ACTING MAYOR OF THE CITY OF EDGEWATER;
PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH,
AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh requested a motion to accept
Resolution #85-R-45. Councilman Prater so moved. Councilman Inman seconded the
motion. Motion CARRIED 5-0.
-7- Council Regular Meeting Minutes
December 2, 1985
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UNFINISHED BUSINESS
There was no Unfinished Business brought up at this meeting.
NEW BUSINESS
There was no New Business brought up at this meeting.
ADJOURN
Councilman Inman moved to adjourn. Councilman Rotundo seconded the motion.
Meeting was adjourned at 9:16 P.M.
Minutes submitted by:
Lura Sue Koser
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ITY CLERK ~
Approved thisJ~~ay of
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ATTEST:
-8- Council Regular Meeting Minutes
December 2, 1985