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12-02-1985 - Regular c.; Q 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. v o 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 u u 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 o ~ 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 o o 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 o u 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 . , , c o 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 . . o o 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 ~ ~ ~ ~/-j; ITY CLERK ~ Approved thisJ~~ay of ~ , 198-5..... Jk -, (?f- OUNCILMAN - Z f~n~o' COU CILMAN - ZONE THREE \"'7/1'1/Z-1/ *'7/J ~'7 /I'/;,?~( ~ODNCILMAN - ZONE FOUR j#.l ATTEST: -8- Council Regular Meeting Minutes December 2, 1985