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02-04-1985 - Regular . , o o CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 4, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 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 Kinsey Police Sergeant William Lenz Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Siano, pastor of the Edgewater Alliance Church, gave ~he invocation. There was a salute to the flag. Mayor Baugh requested a motion to adjourn the Council meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Ord. 85-0-3 Redesignating 6 foot wide buffer strip in Florida Shores along 35th Street from planting strip to right of way - City Attorney Alvarez read this. Ordinance. ORD. 85-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, REDESIGNATING A SIX (6) FOOT WIDE BUFFER STRIP IN FLORIDA SHORES ALONG 35TH STREET FROM ITS PRESENT USE AS A PLANTING BUFFER STRIP TO A RIGHT-OF- WAY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Mr. Jack Spencer, 2604 Victory Palm, referred to Council's statements made at the Elementary School PTA meeting regarding the building boom and the problems the City faces as a result. He asked Council to vote against Ordinance 85-0-3 which encourages uncontrolled growth. He stated that within 15 years Indian River Boulevard and Roberts Road will have their daily traffic jams and it's not in the best interest of the citizens to open up accesses of City streets to devel- opers in the County. He noted that the City receives impact fees and taxes from growth in the City but 85-0-3 does not provide for these and it's detrimental to the people the Council represents. Mrs. Doris Massey said in researching she found that the map doesn't indicate it as a buffer strip and she checked with the City Engineer and if it isn't designated, they can't say it's a buffer strip and they wouldn't have to continue with it unless there's a legal technicality. She noted that 35th and Volco Road are close together and they could exit through Volco instead of Florida Shores. She said since the buffer strip isn't designated they can't keep them from it and except for the legal technicalities, she's asking them to approve it. Mr. Frank Roberts, Queen Palm, presented a petition to Mayor Baugh and stated that it's on behalf of the residents and property owners in Florida Shores. He said nobody wants the traffic that will come if they open it up. He referred to the paving assessment they get from City residents that they won't get from the County. He asked Council to vote in favor of the residents of Florida Shores regarding the buffer zone. Mr. Norman Billups, 1860 Pine Tree, said if the landowners want access to their land for developments they can build their own access road and then submit a plan and request annexation so proper planning and growth could be controlled, impact fees could be collected, paving and drainage would be handled. He asked Council to consider these items and vote no on Ordinance 85-0-3. . . o o PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: (Continued) Ord. 85-0-3 Redesignating 6 foot wide buffer strip in Florida Shores along 35th Street from planting strip to right of way (Continued) - Mr. Walter Gross, 909 Lake Avenue, said this Council was elected to represent all the people and not a special interest group and asked Mayor Baugh what will be good for the City. Mayor Baugh replied that he'll make his statement later on. Mr. Gross asked if it will be before he votes on the ordinance and Mayor Baugh replied yes. Mr. Frank Opal, Florida Shores, said he was surprised at the people speaking against this proposal and stated that he's in total opposition to what this Council is trying to pull off on the taxpayers. He said he attended the previous meetings on January 7th and January 21st when this was brought up by a realtor who is also the Chairman of the Industrial Development Board. He noted that he wasn't allowed to speak on January 7th when he called a point of information and alleged a conflict of interest. He asked if a form was filed to this effect. He said the six foot buffer strip that Magnuson deeded to the City was for a buffer strip to separate the City from the County property and ordinance 85-0-3 is nothing more than a giveaway and each of them will be subject to lawsuits and possibly misfeasance, malfeasance and nonfeasance. He asked if there is a violation of the Florida Constitution. He urged Council to deny or vote down their earlier decision as it's a wholesale land grab for greed and it should not and must not happen. Mrs. Gigi Bennington, 121 Virginia Street, said she was at the Planning and Zoning meeting when this subject came up and she didn't believe they were aware of the true reason the buffer strip is there and they didn't take the time or weren't given full information to study the impact of this ordinance. She said they're bowing to special interest and encouraging through traffic in a platted subdivision. She said Council needs to determine who will benefit, the people of Edgewater or the owners of the property in the County. Mr. Bill Glaser, 1703 Needle Palm, said previously someone petitioned the City to allow access to the buffer strip along 16th Street to construct duplexes and houses and he didn't think it was right and he doesn't think this is right. He asked if the only access to the property is 35th through Florida Shores and Mayor Baugh asked Mrs. Massey to reply to that question. Mrs. Massey said it's the only access at the present time but they can come at the end of 35th at Volco and the railroad but they can't landlock it if it's not designated as such. Mr. Glaser asked if they still have the Comprehensive Plan with a statement that says they should prohibit developments in areas where the only access is through a residental area. Mayor Baugh said they still have the Plan and he'd have to research the statement. Mr. Glaser pointed out that Council denied a development adjacent to Silver Ridge because the only access was through Silver Ridge and they shouldn't allow this now for the same reason. Mayor Baugh said he doesn't think it was the same situation. Mr. Glaser pointed out that the reason Gas Lite Square was approved was because they had access other than Florida Shores. Mr. James Mathias, Yule Tree, said he doesn't see how they can stand more traffic with all the trucks on their streets and he's against it and is in favor of Council's voting against it. Mr. Carlton Hooks, Florida Shores, said he's paid his taxes and the portion of paving Travelers Palm and is entitled to representation for providing streets for others to travel on. He said he sees no reason for the buffer to be there and he doesn't think they can landlock a person's property. -2- Council Regp!ar Meeting Minutes February4)l;~985 o 0 PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: (Continued) Ord. 85-0-4 South Florida Natural Gas Company Franchise - City Attorney Alvarez read this Ordinance. ORD. 85-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, GRANTING TO SOUTH FLORIDA NATURAL GAS CO., A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE OPERATION OF A GAS DISTRIBUTION SYSTEM IN THE CITY OF EDGEWATER, FLORIDA; IMPOSING PROVISIONS AND CONDITIONS RELATED THERETO; PROVIDING FOR FRANCHISE PAYMENTS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. Mr. Frank Roe, 2732 Juniper, asked if they're going to vote on the first ordinance and Mayor Baugh replied that it will be after they recess the Public Hearing and go back into the regular meeting. There were no other comments from the audience. Mayor Baugh asked for a motion to adjourn the Public Hearing and go back into the regular meeting and Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-3 Redesignating 6 foot wide buffer strip in Florida Shores along 35th Street from planting strip to right of way - Councilman Asting stated that he doesn't think they should vacate the planting strip around the Florida Shores perimeter and property owners and developers outside the City limits should request annexation. He pointed out that they can't deny the use of streets by the general public and he feels they'd be subject to lawsuits since the streets are maintained by equipment purchased with federal funds. He stated that he's opposed to vacating the planter strips. Councilman Inman stated that he won't watch the same thing happen that happened when Florida Shores was annexed and they relieved the developer from paving of the roads and he's not in favor of this ordinance. Councilman Rotundo pointed out that even if they don't pass it, whoever wants to build on that property will have the right to do whatever they want and this ordinance is illegal. Mayor Baugh expressed his concern that a precedent was set when they granted vacating a buffer strip back in 1978. He asked the City Attorney if Council will be bound by another court case. He pointed out that the only portion they're talking about is on the end of 35th where it abuts City property and not the entire perimeter. City Attorney Alvarez said he reviewed the original plat and quit claim deed and the assignment given to the City and he discussed it with the County Attorney's office and the prior City Attorney who prepared the resolution the Mayor referred to, plus the attorney who represented Dan Holohan and Ed Hall at the tim~ and the surveyor in Deland. He stated that there are no legal obligations on this Council to vacate the buffer strip as well as no legal obligation prohibiting the Council from vacating it. He pointed out that the prior action was a resolution and he doesn't know if it was publicly advertised and the prior City Attorney didn't feel it was a precedent, nor did the attorney representing Mr. Holohan and Mr. Hall. He noted that anyone can sue anyone else but they could face multi-lawsuits if they do pass this because the people who bought in that area did not expect to face traffic of this amount and he added that annexation is a strong issue. He pointed out that when the other resolution was adopted it was a part of the City and they went from City to City and there wasn't a big change in conditions and they don't know what will happen in the County. Mayor Baugh asked if the people would have access to the property if it's denied and City Attorney Alvarez stated that when they purchased the property, the person who represented them should have looked into that as a condition to buying the property. Councilman Asting moved to TABLE Ordinance 85-0-3 indefinitely. Councilman Inman seconded the motion. Motion CARRIED 3-2. Mayor Baugh and Councilman Rotundo voted NO. Ord. 85-0-4 South Florida Natural Gas Co. Franchise - Councilman Asting moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes February 4, 1985 o o APPROVAL OF MINUTES Special Meeting and Workshop with Planning and Zoning Board held January 16, 1985 - Councilman Inman moved to approve the minutes of the Special Meeting of January 16, 1985. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of January 21, 1985 - Councilman Asting moved to adopt these minutes. Councilman Rotundo seconded the motion. Councilman Inman asked to amend the motion that on page two where it stated he talked to the detective in the Police Department that the words "detective in the" be deleted so that it would read that he "talked to the Police Department.." Mayor Baugh read the verbatim of that section and Councilman Inman agreed and said if there were a comma inserted, it would change the meaning. Councilman Asting seconded the amendment. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Special Meeting and Workshop of January 24, 1985 - Councilman Prater moved to accept the Special Meeting of January 24. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of January 28, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that there are two supplemental bills, one for M & T Printers from F & A Department and one to DER from Wastewater. She explained that the F & A Department had more than one person issuing purchase orders and the same number was given out to two vendors, and the DER bill was for the Wastewater Plant Operating Permit and this was just received from the engineers. She said the totals were $100.00 and $110.25. Councilman Inman moved to pay these supplementary bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Walter Gross, 909 Lake Avenue, requested Council members to speak up because the audience cannot hear what's being said and doesn't know what decisions are made. He asked that they get amplification so it will be audible to people in the audience. Mayor Baugh stated that Mr. Garrett is contacting different vendors to get a new sound system and this was authorized and they should have it shortly. Mr. Vic Rosa, 317 Wildwood Drive, stated that in November he asked about the paving of streets in Wildwood where the construction has torn it up and this was turned over to the City Engineer and the Code Enforcement Board. City Clerk Kinsey replied that it's still with the City Engineer and it's an involved process. Mr. Rosa pointed out that the builders are moving out of the area now and he feels they'll forfeit their bonds. City Clerk Kinsey clarified that the builders don't have a bond, only the contractor for Phase I has one. She added that it will be the City's responsibility to repair it. Mr. Rosa asked why the builders are not responsible and City Clerk Kinsey said it would only be if they were caught on the spot causing the damage. Mayor Baugh asked City Attorney Alvarez if they have a right to go to the builders and City Attorney Alvarez replied that perhaps the City could handle it when the building permits are pulled. City Clerk Kinsey pointed out that there's a statement that they won't receive a final if there's any damage to the road right of way, and she noted that there were a lot of streets damaged in front of houses that were done long ago. Mr. Rosa asked when it will be done and Mayor Baugh replied that all they can do is pull the building permits and find out the contractors and ask them to repair where they broke the concrete. Mayor Baugh asked Mr. Copeland to get a report on streets out there and where the streets are torn up and Mr. Copeland agreed he would provide it. -4- Council Regular Meeting Minutes February 4, 1985 o o MISCELLANEOUS (Continued) Mr. Norman Billups, 1860 Pine Tree, stated that he'd telephoned the City Clerk and suggested they put the names of those who didn't pay the paving assessment in the newspaper so people would know who is delinquent. City Clerk Kinsey stated that she discussed this with the City Attorney. City Attorney Alvarez said there's an element of liability for the City to follow this course of action, and who paid and who didn't pay is a matter of public record if someone wants to come in and look at the records. Mr. Billups stated that there's about $12,000.00 outstanding and the people have been notified for over a year and he thinks they should publish the names of those who refused to pay. Mr. Frank Opal, Florida Shores, stated that New Smyrna Beach will have a special election on single member districts and he offered to assist anyone who is interested in securing petitions for single member districts on a staggered basis. He said he'll help with instructions on how to organize committees. He then thanked Council for voting to table indefinitely Ordinance 85-0-3. Mr. Daniels, Florida Shores, asked what benefits the City would accrue from the ordinance and asked Mayor Baugh if he would make his statement at this time. Mayor Baugh said his statement was made regarding setting a precedent. Mr. Daniels asked if he was speaking of precedent and not advantage and Mayor Baugh agreed he was. Mr. Don Bennington said the easements given between Gas Lite Square and Pelican Cove were done because it was already in the City and was tied into the street system and was a lot different than the property that's separating them from the County. He said it would be a different situation if they wanted to come into the City, because then they control control it. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Inman asked Sergeant Lenz if there is a bid in for leather and weapons to be in compliance with the union contract and Sergeant Lenz replied that the specifications aren't completed but they're drawing it up. Councilman Inman asked City Clerk Kinsey the status of the bike path and she replied that they aren't prepared to go for bids yet as the City Engineer, Public Works Superintendent and Parks and Recreation Director are meeting to determine the specifications for a bridge that has to be included. Councilman Inman asked Mr. Copeland if he knew how much asphalt will be needed to pave North Flagler to the railroad where Towers Paving will furnish the manpower and equipment. Mr. Copeland said he thinks it will be about 200 tons of asphalt and 1,000 gallons of sealer, and he'll grade the street and then the paving company will tack coat it and then put 2" of asphalt on when it's ready. He noted that the sealer will cost about $1.00 a gallon. Mayor Baugh pointed out that he talked with Mr. Towers and he's in full agreement with it. City Attorney Reports - City Attorney Alvarez stated that the City is scheduled to go to trial in Federal District Court in the next couple of weeks on the Caldwell case. He said the judge granted in part the City's motion for summary judgement and it's a substantial decision in favor of the City but there's an issue of whether or not the zoning map was properly marked when the property was rezoned but the court found that was a State case and not civil rights, thus eliminating great potential of a large judgement against the City. He said they will probably seek a rehearing before the judge who might reverse himself and they might seek an appeal so it's not the end of the litigation. He said he'd like to meet with the Council to discuss this matter as well as more details. -5- Council Regular Meeting Minutes February 4, 1985 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Kinsey stated that Conklin, Porter and Holmes is requesting a workshop with Council on the 6th, 7th, or 8th, to discuss the water feasibility study and she suggested that perhaps they could combine it with the City Attorney's request for a meeting. City Attorney Alvarez said he'll need about one half hour to receive some direction from Council. After discussion, it was agreed to meet on Wednesday, February 6th, at 1:00 P.M. for a Special Meeting and Workshop. City Clerk Kinsey stated that there are two Sergeants in the Police Department past due for an evaluation and asked Council's suggestions. Councilman Asting moved that the Mayor make out the evaluations required. Councilman Inman seconded the motion. Mayor Baugh asked that City Clerk Kinsey be in on this and Councilman Asting agreed that would be a part of his motion and Councilman Inman agreed as the second to the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that they need Council authorization to draw a check for the VLOM February meeting for those who attend, and Council can advise her who will attend. Mayor Baugh clarified for the audience that it is Volusia League of Municipalities. Councilman Asting moved that the City Clerk be authorized to cut checks in the necessary amount for the people attending. Councilman Prater seconded the motion. Motion CARRIED 5-0. Deputy City Clerk request for expenditure over $2,000.00 - City Clerk Kinsey read the January 30th memo from Mrs. Susan Wadsworth which requesting approval to spend $2,709. for 25 Code of Ordinances books, from the original codification through Supplement 7. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Public Works Department - request to purchase sign materials under State bid - City Clerk Kinsey read the January 28th memo from Mr. Earl Copeland, requesting authorization to purchase sign materials in the amount of $11,369.40. Councilman Rotundo moved to give Earl Copeland permission to go for State bids on this material, 292-550-59-A, contract 550-59-85-1. Councilman Inman seconded the motion. Mayor Baugh asked Mr. Copeland if this would be enough to do all of Florida Shores and Mr. Copeland replied that there should be enough for Florida Shores and most of the City. Motion CARRIED 5-0. Mr. Copeland stated that he should have the materials within 30 days and will get the signs up within two to three months. Public Works Department - request to purchase pickup truck under State bid - City Clerk Kinsey read the January 29th memo from Mr. Earl Copeland, requesting permission to purchase a pickup truck at a cost of $6,175.50. Councilman Asting moved to authorize Earl Copeland to obtain the truck. Councilman Prater seconded the motion. Mayor Baugh asked if these funds are in Federal Revenue and City Clerk Kinsey replied it was a budgeted item. Motion CARRIED 5-0. Councilman Prater asked Mr. Copeland if this is a Dodge truck and Mr. Copeland replied yes. Building Official request to attend 33rd Annual Conference - City Clerk Kinsey read the January 30th memo from Mr. Dennis Fischer, Building Official. Councilman Inman asked City Clerk Kinsey where this will be held and she replied that it will be in Tampa. Councilman Rotundo asked who will cover for him in his absence and City Clerk Kinsey replied that Mr. Jones will handle it. Councilman Rotundo moved to accept this. Councilman Prater seconded the motion. Motion CARRIED 5-0. Merit Board request for appointment of Safety Director - City Clerk Kinsey read the January 30th memo from the Merit Board. Councilman Asting said the only man he knows who is capable of acting as a Safety Director is Tom Sheridan who prepared the safety program and worked with department heads in implementing it. He nominated Tom Sheridan as the City's choice for Safety Director. Councilman Prater seconded the nomination, Mayor Baugh asked Mr. Sheridan if he'll accept the appointment and Mr. Sheridan replied that there's a legal question of a conflict of interest since he serves on the Parks and Recreation Board. City Attorney Alvarez said he can request an opinion from the Attorney General and Mr. Sheridan can serve, subject to the opinion. Mr. Walter Gross called a point of order from the audience and Mayor Baugh stated that there's a motion on. the floor. Motion CARRIED 5-0. Mayor Baugh asked City Attorney Alvarez to obtain the opinion. -6- Council Regular Meeting Minutes February 4, 1985 o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Citizen Code Enforcement Board - Board's recommendation to fill vacancies - City Clerk Kinsey read the January 30th memo from the Citizen Code Enforcement Board which recommended two of three persons be appointed to their Board. The names submitted by the Board were Mary Ciccarello, Gigi Bennington, and Mercedes Hoffman. Citizen Code Enforcement Board - Appointments to fill vacancies - Councilman Inman pointed out that the Code prohibits a person from serving on a board when the spouse already serves and he suggested Gigi Bennington be disqualified since Don Bennington serves on a board and her name be stricken as ineligible. Councilman Asting nominated Ray Delarwelle and Paul Biggerstaff. Councilman Inman seconded the nomination. Councilman Prater nominated Mary Ciccarello. There was no second to the nomination. Councilman Inman moved that nominations be closed. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that Ray Delarwelle and Paul Biggerstaff be appointed to the Citizen Code Enforcement Board. Councilman Inman seconded the motion. MOtion CARRIED 5-0. Parks and Recreation Board - Boar~s recommendation to fill vacancy - City Clerk Kinsey read the January 29th memo from the Board which recommended that Bonnie Gilchrist be appointed. Parks and Recreation Board - Appointment to fill vacancy - Councilman Inman stated that the resume on Bonnie Gilchrist indicates she doesn't have experience but she's enthusiastic, but they have a resume from Barbara Curry who has exper- ience in this line and has a degree in this line of recreation. He moved to accept the offer of Barbara Curry, due to the fact of her experience, to this Board. Councilman Rotundo seconded the motion. Mayor Baugh asked if she would have the time and City Clerk Kinsey pointed out that it states she isn't working now. Mayor Baugh noted that the Boards were asked to make recommendations to Council. Motion CARRIED 5-0. Planning and Zoning Board - Board's recommendation to fill vacancies - City Clerk Kinsey read the January 25th memo from the Board which recommended that James Poland, Lyle Chenoweth, and Ann Thomas be reappointed to the Board. Planning and Zoning Board - Appointments to fill vacancies - Councilman Inman recommended that they select Paul Loeffler due to his past experience, James Mackie who has eight years experience on the boards, and reappoint James Poland to the Planning and Zoning Board. Councilman Asting said he wants to add Ann Thomas to the list for consideration. Council first considered James Poland for reappointment. Councilman Asting so moved, that he be reappointed. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that Ann Thomas be reappointed to the Planning and Zoning Board. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Inman voted NO. Councilman Inman moved to appoint Paul Loeffler to the Planning and Zoning Board. Motion DIED for lack of second. Councilman Asting moved that James Mackie be appointed to the Planning and Zoning Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. Building Code Board (Board of Adjustments and Appeals) - Board's recommendation to fill vacancy - City Clerk Kinsey read the January 30th memo from the Board which recommended that Frank Hall be appointed. Building Code Board (Board of Adjustments and Appeals)- Appointment to fill vacancy - Councilman Asting moved that Frank Hall be appointed to the Building Code Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes February 4, 1985 o o COMMUNICATIONS Volusia County Metropolitan Planning Organization request for appointment to Technical Coordinating Committee - City Clerk Kinsey read the January 29th letter from Mr. Bruce Briggs, Executive Director of MPO. Councilman Asting recommended that Councilman Inman be a representative on that committee. Councilman Inman stated that he's already serving on the Steering Committee. Councilman Asting suggested Councilman Rotundo and Councilman Rotundo stated that he doesn't have the time to attend the meetings during the day. Councilman Inman suggested Mayor Baugh and Mayor Baugh declined. Mayor Baugh recommended Councilman Prater and Councilman Prater said he'll have to turn it down. Mayor Baugh asked Councilman Asting if he'll accept and Councilman Asting said he's representing the City with FEC. Mayor Baugh suggested they consider someone other than a Council member. Councilman Asting suggested Terry Wads- worth or Earl Copeland. Mayor Baugh asked Mr. Copeland if he'll represent the City and Mr. Copeland agreed he would. Councilman Asting moved that Earl Copeland represent the City on this board. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested Councilman Prater as the alternate and Councilman Prater agreed he'd accept as alternate. Councilman Inman moved to appoint Councilman Prater as alternate on this committee. Councilman Asting seconded the motion. Motion CARRIED 5-0. Governor Graham request for City participation in statewide conference on Physical Fitness and Sports - City Clerk Kinsey read the January 24th letter from Governor Graham which requested the City's participation in a meeting to be held at the Capitol on March 20, 1985. Councilman Asting said he thinks David Garrett should be appointed to represent the City at this meeting as he is the Parks and Recreation Director, and he so moved. Councilman Rotundo seconded the motion. Mayor Baugh pointed out that he'll probably have to spend the night there. Motion CARRIED 5-0. Mayor Baugh asked that Mr. Garrett submit a report on the meeting back to Council. ORDINANCES AND RESOLUTIONS Res. 85-R-2 Reappointing two members to the Library Board - City Attorney Alvarez read this Resolution. RES. 85-R-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING TWO MEMBERS TO THE LIBRARY BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. He read the names for reappointment as Jeanette Dudley and Lauretta Shafer. Councilman Asting moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-3 Appointing one employee member to Merit Board - City Attorney Alvarez read this Resolution. RES. 85-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. He read the name of Frank Carignan for the appointment. Councilman Asting moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-4 Appointing three employee members to General Employees Retirement Plan Board of Trustees - City Attorney Alvarez read this Resolution. Res. 85-R-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING THREE EMPLOYEE MEMBERS TO 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 AN EFFECTIVE DATE. He read the names of Albert Shafer, Raymond Basham, and Joseph Snyder for the appointments and pointed out that the term of office should read February 4, 1986, rather than 1985. Councilman Inman moved to adopt this Resolution as amended with 1986. Councilman Prater seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes February 4, 1985 o o ORDINANCES AND RESOLUTIONS (Continued)- Res. 85-R-5 Authorization for appropriate officials to enter into agreements with Volusia County for Interlocal Operational Assistance and Interlocal Law Enforcement Voluntary Cooperation - City Attorney Alvarez read this Resolution. RES. 85-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, TO ENTER INTO AN INTERLOCAL OPERATIONAL ASSISTANCE AGREEMENT AND AN INTERLOCAL LAW ENFORCEMENT VOLUNTARY COOPERATION AGREEMENT FOR THE PURPOSE OF PROVIDING MORE EFFECTIVE AND COORDINATED LAW ENFORCEMENT ACROSS JURISDICTIONAL LINES THROUGHOUT VOLUSIA COUNTY, SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Reso- lution 85-R-5. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-6 Appointing two members to Citizen Code Enforcement Board - City Attorney Alvarez read this Resolution. RES. 85-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The names for appointment of Ray Delarwelle and Paul Biggerstaff were inserted. Councilman Asting moved to adopt this Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 85-R-7 Appointing one member to Parks and Recreation Board - City Attorney Alvarez read this Resolution. RES. 85-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The name of Barbara Curry was inserted for the appointment. Councilman Asting moved to adopt this Reso- lution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-8 Appointing three members to the Planning and Zoning Board - City Attorney Alvarez read this Resolution. RES. 85-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING THREE MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The names of Ann Thomas, James Poland, and James Mackie were inserted for the appointments. Councilman Asting moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 85-R-9 Appointing one member to Building Code Board (Board of Adjustments and Appeals) - City Attorney Alvarez read this Resolution. RES. 85-R-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BUILDING CODE BOARD (BOARD OF ADJUSTMENTS AND APPEALS) OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The name of Frank Hall was inserted for the appointment. Councilman Prater moved to adopt Resolution 85-R-9. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh called a short recess at 8:56 P.M., and called the meeting back to order at 9:15 P.M. -9- Council Regular Meeting Minutes February 4, 1985 o o UNFINISHED BUSINESS Selection of streets for new construction - Mrs. Gigi Bennington asked if the survey taken on the water bills was considered when they determined the streets to be paved and Mayor Baugh replied it was a part of it, plus the house count. City Clerk Kinsey noted that there was a full and complete house count on all the streets. Mrs. Bennington stated that the survey was done to determine what people wanted it and Needle Palm residents had the most replies, and then Queen Palm, Kumquat, Victory Palm, and Lime Tree were the next. She asked for an explanation of the resurfacing on North Flagler. Mayor Baugh replied that Ward Towers will furnish the machinery and manpower if the City will furnish the material to pave Flagler from Park Avenue to the railroad. Mrs. Bennington asked if Ward Towers will pay the contractor after the City pays for the asphalt and sealer and grades it. Mayor Baugh said he talked with Ward Towers and he'll do more than he said and he'll prepare it if the City will pay for it. Mrs. Bennington asked the cost since it's a heavy travelled industrial road and will be more than a street in Florida Shores. Mayor Baugh noted that the street has a lot of concrete that was dumped on it and has a heavy base. Mrs. Bennington again asked the cost to the taxpayers and Mayor Baugh said the people on Flagler south of Park Avenue had paint jobs ruined and a lot of dust. Mr. Copeland said Halifax Paving is where Mr. Towers will get the material because they have the bid and anything over 100 tons is about $34. a ton FOB the plant. Councilman Asting said it will be about $7,800. for the asphalt and sealer. Mr. Copeland stated that he'd offered to do the grading. Mrs. Bennington pointed out that there are a lot of streets in the City that need resurfaced and asked if Mr. Towers volunteered to do this. Mayor Baugh replied that Mr. Towers has a business there and will benefit from it, but they've been getting complaints from that area for the last ten years. Mrs. Bennington asked if they're going to have public hearings to reappropriate the money when they determine the streets. City Clerk Kinsey replied that it's a paving program and they have to follow State Statutes, and the auditors d~d not recommend they make budget amendments often but to incorporate all: the projects. Councilman Asting stated that resurfacing is a City maintenance program and they'll have to appropriate money when it's incorporated and they'll assess the people on the streets they're paving. Mrs. Bennington stated that this amount of money wasn't allotted for resurfacing and asked the amount. Mr. Copeland replied it's about 3 miles and it's about $124,000. Mrs. Bennington asked Mr. Copeland if the streets are fr0m the prior list and Mr. Copeland said he'd updated it. Mayor Baugh pointed out that the funds are there but have to be reappropriated. Mrs. Bennington stated that she's concerned that it's done right. Councilman Asting stated that at the previous meeting Council decided to resurface the streets on the first priority submitted by Earl Copeland, and they'll go out for bids on those streets. He added that new construction was decided for 30th and 22nd from Willow Oak to Silver Palm. Mayor Baugh pointed out that the north end of Flagler was also decided. There was a discussion about the streets to be considered, Orange, Needle, Sabal, and Kumquat. Councilman Prater pointed out that if they pave Sabal it is parallel to Royal and Travelers which are already paved. Councilman Asting read from a list of the density of homes on these streets. Council discussed paving streets south of 30th and the consensus was that they would consider this when they start the budget workshops in June. Mr. Frank Dagenais, Royal Palm, asked that a count be taken and go with that and Mayor Baugh said that will be the number one priority. Mrs. Bennington stated there were a lot of replies from south of 30th from those who were willing to pay the one-third, and if they're going to pave they should go all the way to 35th because of all the new construction there. Councilman Asting said it's a question of money and he won't vote for anything that will take the surplus funds below $300,000. Mr. W. H. Woodard, Orange Tree Drive, commended Council on starting the pro- gram and said he's glad to see it happen. -10- Council Regular Meeting Minutes February 4, 1985 .; " ~ o - UNFINISHED BUSINESS (Continued) - Selection of streets for new construction (Continued) - Mr. Frank Roe, Juniper Drive, said he hopes theyJll finish Kumquat and Sabal since they're paved to 21st Street and he thinks they should go from 21st to 30th and doesn't think it wise to go~to 35th until.they finish Florida Shores to 30th. Mayor Baugh pointed out that a lot of people south of there need paving and Mr. Roe said the people on the one side have been there a long time. Councilman Asting pointed out that with Sabal it will provide the people a road to the Boulevard. Councilman Rotundo noted that to do 16th to the Boule- vard and Sabal, they would cover 79 families who will benefit. Councilman Prater agreed with Needle Palm from 16th to the Boulevard and Sabal Palm from 21st to 30th. Councilman Asting recommended Needle Palm from 16th to 30th because of continuing new construction and Sabal because of the number of houses. Mayor Baugh suggested Needle Palm north of Indian River Boulevard and Sabal Palm south of 21st. Councilman Asting noted that there's a small section at 16th Street west to Pine Tree and that could be done if they can afford it. Mayor Baugh suggested it be a separate item when they go out for bids, and the engineers will have this referred to them. Councilman Prater moved that Needle Palm from 16th Street to Indian River Boulevard and Sabal Palm from 21st Street to 30th Street be paved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mr. Frank Roe asked about the trucks on the streets when the signs are up and Mayor Baugh suggested he talk to Sergeant Lenz. '" Councilman Asting requested the City Clerk to contact the City Engineer to get the program started. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh asked for a motion to adjourn and Councilman Asting so moved. Councilman Prater seconded the motion. Meeting was adjourned at 9:56 P.M Minutes submitted by: ATTEST: C'C/~7 CITY CLERK tL Approved thisltday 0 a~ ' 1985. ~-{~ o NCILMAN - ZO E WO -~ /;t-V,,-t:;, COUNtIL~' - ZONF;1 THREE JI'~ ~J~-> ~ -,,?'~.-,r-< ~COUNCILMAN - ZONE FOUR U Lura Sue Koser ~o -11- Council Regular Meeting Minutes February 4, 1985