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04-20-1987 - Regular .If . u. Q CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 20, 1987 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 David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Ken Zimmerman, Edgewater Methodist Church, gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of April 6, 1987 - Councilman Asting moved to adopt the 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 Martinez stated there's a supplemental bill for Florida Georgia Tractor for $32.48. She noted that a purchase order was issued but then voided, but the service was rendered and the bill is owed by the City and they're requesting payment. Councilman Prater moved to pay the supplementary bill of $32.48. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Larry Perkins, 3 Silver Circle, gave a report on the 65 Roses Breath of Life Bikeathon. He stated he turned in $2,969.92 and there is more money to come. He reviewed some of the riders' names and totals, and some of the projects that have been planned for between now and next year's bikeathon. He presented a certificate of appreciation to Chief Schumaker for the assistance from the Police Department for each of their bikeathons. Mr. Perkins then presented a gold medal and a certificate of appreciation to the City because they donated $200. He presented these to Councilman Asting as the maker of the motion for the donation. Councilman Asting turned the medal and certificate over to City Clerk Martinez for framing and to be put with other awards. Bob Garthwaite, Silver Ridge, asked to speak on the rezoning later on the agenda. Mayor Baugh suggested they wait for the City Attorney's opinion as the City Attorney was away from his seat at that time. Mr. Garthwaite said he thinks everyone should be allowed to speak that wants to because it's very important. Mayor Baugh pointed out there were public hearings before Planning and Zoning and before Council on this matter. Mr. Garthwaite asked if there could be an exception made and Councilman Asting agreed it could be an exception. Mayor Baugh pointed out there may be a problem due to litigation going on, and he'd like to ask the City Attorney about it because he doesn't want to jeopardize it. Mr. Garthwaite asked if he can speak later if the City Attorney says it's okay and Mayor Baugh replied yes. Virginia Roche, representative of League of Women Voters, to the Council and to members in the audience. She noted information in these pamphlets about all the governments. distribution in City Hall. presented Voters Guides that there is a lot of She provided some for Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh advised the public that there will be a Special Meeting on Monday, April 27th, at 7:00 P.M. in the Community Center to prioritize City-wide capital improvement projects based upon need and for public discussion of the water conservation program. He stated they'll be advising the newspapers and radio stations also. City Attorney Alvarez returned to his seat at this time. Mayor Baugh asked about comments on the Caldwell subject. City Attorney Alvarez replied that it's up to Council if they want to hear them, but procedurall~ public hearings were held back in June. He noted there may be matters they wish to brief Council on. Mayor Baugh expressed his concern about the litigation and City Attorney Alvarez said he'll advise them if at any time they make statements that need his input. Mr. Garthwaite asked if they can speak when it comes up on the agenda and City Attorney Alvarez replied they could. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Martinez stated that Tyna Hilton requested a leave of absence for six months due to the illness of her son. She added that Tyna and the baby have arrived home and everything looks good but she's still requesting the time. Mayor Baugh suggested a motion to grant the request. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez said Council received bids on the uniforms and based on the opinions of the Department Heads and Supervisors of the employees who will be wearing the uniforms, they're recommending it be awarded to Martin Uniforms. She pointed out it is not the lowest bid but it's the consensus that they'll be more satisfied with these due to durability and looks of the uniforms. Councilman Asting moved that the recommendation of the City Clerk be approved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Public Works Superintendent's request to go out for bids for additional bathrooms and shower - City Clerk Martinez noted this was approved in the budget for $5,000. Councilman Prater moved to grant him his request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Public Works Superintendent's request to go out for bids for hydraulic lift - City Clerk Martinez read the April 2nd memo from Mr. Ron Austin, Public Works Superintendent. Councilman Prater moved to grant him this request also. He added that he thinks it's way past due and they should have had it a long time ago. Councilman Asting seconded the motion. Councilman Asting asked what they'll be allowed on the lift they're trading in and Mr. Austin replied he doesn't know, but he hopes it will be about $1,000. Motion CARRIED 5-0. Finance Officer's requestre: paving assessments from project #2 - City Clerk Martinez read the April 9th request from Mrs. Karen Rickelman asking to write off credit balances on accounts for a total of $1.19. It was noted this was needed to clear the books. Councilman Asting moved that the request be granted. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted there's also a request for the City Attorney to prepare paper work to file liens on the remaining unpaid assessments totalling $3,493.98. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes April 20, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Industrial Development Board - Proposal by Dave Richmond, Volusia County Business Development Corp. re: membership - City Clerk Martinez read the April 10th memo from Florence Baker, Chairman of the Industrial Development Board, advising that Mr. Richmond had been invited by their Board to speak at this Council meeting. Mrs. Baker asked if the order of their Board's items on the agenda could be reversed but Mayor Baugh decided to leave it as listed. Mrs. Baker then introduced Mr. David Richmond, Executive Director of the Volusia County Business Development Corporation. Mayor Baugh stated that he'd met Mr. Richmond on several occasions and he was very instrumental with getting Boston Whaler into our area. Mr. Richmond distributed copies of a booklet that explained their services and a summary of their objectives. He reviewed the salaries in the area, noting that the 12 cities and Volusia County had joined together for this venture. He stated they're certified by I.R.S. as a non-profit organization and were founded in 1985. He reviewed the Boston Whaler organization and its plans. He said they use the County Data Profile to attract industry. He asked that Council become a member of the Corporation as the other 12 cities in Volusia County have done. He said based on a formula of 50~ per capita, which is equitable for all cities, Edgewater's share would be $4,998 based on the 1985 population of 9,996. He pointed out they've received $500 from Council so the balance for 1987 would be $4,498 due. Mayor Baugh stated that there's no way to get it before budget time and nothing is allocated. He added that he felt they should contribute something was why they gave the $500. Mr. Richmond stated that they use a calendar year and if Council would take this up in October at the fiscal year, the dues paid then would be for the 1987 year. Mayor Baugh said he can't speak for the rest of the Council, but that would be his opinion. Councilman Asting moved that the request be included in their budget folder for the new fiscal year and to be considered at that time. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated it will be in the discussions for the next budget and he feels very comfortable with the organization. Councilman Asting advised they have no money in the present budget. Mr. Richmond said he understands that but subsequent to October 1 will give the City full membership for this year. Mrs. Baker thanked the Mayor and Council for their consideration. She noted the Industrial Development Board needs a contact person and this will give them a professional. She added they have a European representative also. Industrial Development Board - request to have joint workshop between Council and Board re: future goals and objectives - Mrs. Baker stated they'd like to schedule a workshop with Council and Council might think of goals and objectives they might wish the Industrial Board to reach. She added they'd like suggestions of what Council would like them to do. She noted they've had problems getting a vote on some of their issues and are asking Council to consider appointing two members. She said the final request is they want all three cities together for Industrial Fair Week and they're asking for an additional $400 by September when they have the Fair. She noted that New Smyrna Beach and Oak Hill are eager to join with Edgewater and they need additional money and will return what isn't needed. Mayor Baugh asked Mr. Richmond if he'll work with them and Mr. Richmond replied yes. Industrial Development Board - request for $1,000 budget for 1988 - Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Industrial Development Board - request to have joint workshop between Council and Board re: future goals and objectives - Mayor Baugh suggested they check the calendar and get with the Chairman the first week of May to set up a time. Mrs. Baker agreed that was acceptable. -3- Council Regular Meeting Minutes April 20, 1987 CJ o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Industrial Development Board - request that Council appoint two members - City Clerk Martinez read her April 15th memo regarding the two applications received previously from Leila Wilsey and Sam Comerate. Mayor Baugh said he knows them. Councilman Asting suggested this be tabled until the Industrial Development Board looks into the backgrounds and he moved to TABLE this until the next meeting. Mayor Baugh noted the Board had these applications for some time. Caryl Middleton, Industrial Development Board member, said the letters came last year and they had about 5 people to choose from and members chose over those two candidates, but it doesn't mean they don't want to choose them. Councilman Asting asked if these two people are acceptable to the Board and Mrs. Middleton said she wouldn't say. Councilman Rotundo asked if she wants the applications back and Mrs. Middleton replied yes, and they'd like recommendations from Council also. Councilman Mitchum seconded the motion to table. Motion CARRIED 5-0. Board of Adjustment's re: resignation of Richard Moran - City Clerk Martinez noted that Council needs to accept this. Mayor Baugh suggested a motion to accept it and write to the gentleman to thank him for his time he put on the Board. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Prater requested a 5-minute recess, and with no objections heard from other Council members, Mayor Baugh recessed the meeting at 7: 40 P. M. Mayor Baugh called the meeting back to order at 7:50 P.M. Mayor Baugh stated there was a request that item 6.C. on the agenda for the Rotary's request be heard at this time. There were no objections from Council. COMMUNICATIONS Request for Rotary's Spring Carnival on April 28 - May 3 at Florida Shores Shopping Plaza - City Clerk Martinez pointed out there were two letters, one from Chester Boyce and one from Donnie Williams, and one had a date of April 27 and the other had a date of April 28th. Mr. Boyce stated it's April 28th through May 3rd. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board's recommendation to rezone Caldwell property to R-2 with maximum of 133 units (Tabled July 21, 1986) - Mayor Baugh suggested this be removed from the table. Councilman Prater moved to take it off the table at this time. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez said this matter has been litigated in Federal District Court and is now in a legal recess so he's very limited, and the Council should recognize the matters they discuss or statements made can be very detrimental to the City. He reviewed the background, Caldwell filing suit against the City and the granting of the City's summary judgement and Caldwell's attorneys agreeing that instead of continuing the litigation and entering into appeals, they'll reconsider their original PUD density of 347 units for the project and accept a lesser density. He said the matter will then be presented to the judge for the entry of an order. He stated that June 4th last year the Planning and Zoning Board held a public hearing on this matter which was continued to June 18th and the records of those two hearings show that through Mr. Garthwaite some demands were presented to the board, with 6 points specifically. City Clerk Martinez read the 6 points, which were listed in the June 26, 1986, memo to the Mayor and City Council from the Planning and Zoning Board. There was a seventh point which stipulated it could be all of the above or any additional conditions to be part of the deed restrictions and to remain applicable to the land regard- less of ownership. City Attorney Alvarez said that Attorney Allen Watts, who represented Caldwell at the continued hearing of June 18, as well as the one before Council on July 21st, agreed on these points, with the exception of the number of units. Attorney Watts stated that's his recollection of what was agreed to. -4- Council Regular Meeting Minutes April 20, 1987 ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board's recommendation to rezone Caldwell property to R-2 with maximum of 133 units (Tabled July 21, 1986) (Continued) - City Attorney Alvarez again said the remaining issue was the number of units the City could live with in terms of impact, traffic, etc., and Council tabled this matter pending information from the departments. He added that he doesn't wish to discuss that information in detail, and he asked the Council, residents and representatives to address the number of units only. He pointed out the last figure submitted by Caldwell was 225 per the letter from their attorney dated March 31, 1987, and the last figure the City considered was the recommen- dation from Planning and Zoning of 133 units, but the previously mentioned figure by the residents set a range from 133 to 159 units. He noted that the City has undergone a series of changes in other sections, specifically in the water and sewer area, and he requested that not be discussed at this time. Mayor Baugh said all the other questions were settled except the number of units and City Attorney Alvarez noted there were lengthy hearings. Attorney Allen Watts, with the firm of Cobb and Cole in Daytona Beach, reviewed the past records of his client, starting with the original submittal in 1972. He said the application for rezoning to RR-PUD was recommended for approval by the Planning and Zoning Board and approved by City Council at a public hearing held July 25, 1972. He said under the zoning ordinance in effect at that time, PUD had to be built or zoning renewed every 6 months and in 1975 the Attorney General said you can't have temporary rezonings so the City Manager wrote a letter to Mr. Caldwell indicating the zoning was to be considered permanent. He added that Mr. Caldwell bought out the interest of his partners in that development, and then in 1978 or 1979 a predecessor on Council decided that PUD would be the same as HUD, and there was a hearing that revoked the Caldwell zoning. Attorney Watts said that Mr. Caldwell applied for R-4 zoning in 1981 and that application was never heard by the Planning Board for some years as each time it carne up, there wasn't a quorum to hear the case. He said that before the Statute ran out, he filed suit in Orlando in Federal District Court. Attorney Watts advised Council they took oaths of office to serve as Councilmen and to support, defend, and uphold the Constitutions of the United States and the State of Florida. He said to determine if the case is going to be settled or what the potential liability is if it's not settled, he wants them to under- stand what the Constitution says in relation to property rights. City Attorney Alvarez pointed out that they're here for a limited purpose. Attorney Watts said he appreciates that, but it's important that they know what he's about to tell them because if effects their personal liability over and above the liability the City may have. City Attorney Alvarez stated this was discussed very thoroughly and at this time the issue before Council is a limited one. He said if they wish to engage in a risk decided by Attorney Watts of legal principle applicable to the case, he doesn't think this is the time or place to do it. He added that he'd like to hear from Robert Garthwaite, who's been the spokesperson, before they get into the legal aspect. Attorney Watts stated that he wants the record to be clear on this and he and City Attorney Alvarez discussed it earlier, but he wants to say what the Constitution allows in this case and he thinks when they know what the law is, they'll be required to follow it and nobody will be able to claim ignorance. He added that if they want to claim ignorance, he'll shut up. City Attorney Alvarez again suggested they hear from the property owners. Mayor Baugh agreed. Attorney Watts said his view of the law isn't final but they need to know what their responsibility is because he doesn't want to see the taxpayers levied on paying judgement in favor of Caldwell. -5- Council Regular Meeting Minutes April 20, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board's recommendation to rezone Caldwell property to R-2 with maximum of 133 units (Tabled July 21, 1986) (Continued) - Mr. Garthwaite stated that he thought the six points were withdrawn. He said the problem Silver Ridge has is the amount of dwelling units. He reviewed the prior discussions regarding apartments with 750 or 600 square feet. He added that a mixture of people are in Silver Ridge, some retired and some young couples, and they don't want to see apartments, and possibly rental apartments, go in there. He suggested they could zone it with special conditions and Council should take time and work with the staff to see what they can come up with that will be best for Caldwell and the people in Edgewater, especially Silver Ridge. He pointed out that Mr. Caldwell won't lose much money with lower zoning because of the cost of land in 1972 compared to 1987. He asked that Council be very careful in rezoning, and noted that he'd favor single family. He read an excerpt of the RR-PUD definitions from the Code and then from R-4 permitted uses. He added that if he's given R-4 with some modifications, he's lost nothing. He said the recommendation was made for 133 units and that's the highest they want to go. There was discussion between City Attorney Alvarez and Mr. Garthwaite regarding the 133 to 159 units. City Attorney Alvarez noted that the City is talking about 160 and Caldwell is talking about 225, and they're looking at the cost and risk of further litigation, and since there's been agreement on six points, they aren't that far apart. Mr. Garthwaite noted there's a general feeling of mistrust, no matter who the developer is, and 750 feet is too small and won't sell that fast. He added that rentals will be trouble. City Attorney Alvarez pointed out the important issue is the minimum size, and staff has been working on this for some time. Mr. Garthwaite asked if staff, Council, and people involved could meet and work up a compromise on number of units and size of units. City Attorney Alvarez noted that if they compromise on the number of units, then the only issue is the minimum size. Attorney Watts said he won't tell his client to go to the expense of drawing a plan, etc., until he knows he's dealing in good faith, but if they can reach a number they can live with, he'll come back with a plan. He agreed it could be improved in the size of the units. City Attorney Alvarez said if the number is acceptable, they're looking at design and quality of the project. Mr. Garthwaite pointed out that Shangri-La is a good project, but some are cracker boxes, and he asked if the City's staff called on the Building Board about costs for 750 to 850 or 900 square feet. City Attorney Alvarez replied there has to be a figure to work from first, because of the range. Attorney Watts agreed that an engineer should layout a new plan. He noted there's a special cap imposed by a federal judge and they'll come back with a site plan to comply with R-4. He said they started with 347 in 1972 and were given that, and it may not be practical for the way the community has grown since, but he has to be able to come up with a reasonable rate of return on his investment. He added if they agree on a number, they have to draw up a site plan to satisfy them, but they have to agree on the number or go back to court on an amendment. Mr. Garthwaite said they shouldn't tie themselves down with R-4 or R-2 and if they want to increase the number of units they can be imaginative. Mayor Baugh suggested they go with 200 with all the combined units they've agreed on and let them come back with a site plan for 200 units that would be residential single family backing up to residential single family, which would be a compromise on both sides. Mr. Garthwaite stated that he knows the project will be developed, but he wants it developed in the best possible manner. Larry Perkins, 3 Silver Circle, reviewed the previous figures he'd heard from 100 to 220. He said if a poll were taken, they'd say no more than 120, and they should have done that project years ago when it was rezoned. He spoke briefly on the maintenance of a rental unit. -6- Council Regular Meeting Minutes April 20, 1987 '. .. o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board's recommendation to rezone Caldwell property to R-2 with maximum of 133 units (Tabled July 21, 1986) (Continued) - Jim Mackie, member of the Planning and Zoning Board, said Planning and Zoning made a decision and Council didn't make a decision. He said Attorney Woods was the attorney when it was rezoned in August of 1972. He noted that it was designed with a buffer zone but the man has never presented a plan and has had six extensions. He noted it was B-3 in the front. He suggested Council meet with Planning and Zoning to see what they can squeeze out of the property. He reviewed dimensions in R-2, and said they can't go with another figure because the man threatens them in court. He suggested they get together and tell them what we'll give them and tell them to take it to court. Steve Siciliano, Lee Drive, suggested Council take into consideration the investments Silver Ridge residents have in their property when making their decisions. Attorney Watts stated that he's not threatening them but he wants to review the Constitution that they allow the owners of the property to use that property for any lawful purpose unless it affects the public good. He noted that he doesn't have authority from Mr. Caldwell to approve the 200 but he'll try to get it, and if they can't come to an agreement on that number, they're back in court on an amended complaint and they'll add to it that the Council has not acted on a rezoning application that has been pending since 1982. He added that Council had proposed to reject the application on inadequacy of water and sewer and they have annexed the Radnor property and welcomed Boston Whaler to the community after telling the Federal court they don't have water and sewer and road capacity. He noted they'll have to explain to a Federal jury why they made decisions on those other properties and told Caldwell no. He said that he'll try to get it through at 200 units, and Caldwell may sell the property, but they would be bound to the decision. He added that he thinks they can come up with a plan that won't be a problem to Silver Ridge. Councilman Asting noted there's been a lot of impact on the utilities system. City Attorney Alvarez advised that Council not comment on impacts at this time and Councilman Asting accepted his advice. Councilman Mitchum so moved on the Mayor's recommendation that it be limited to 200 units as per clarification from the City Attorney on the official way it can be done. City Attorney Alvarez suggested he add a new set of plans to be drawn and it would be subject to new site plans and size of units, etc., and the conditions read into the records. Councilman Rotundo seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. Mayor Baugh abstained from voting based on ,the advice of the City Attorney regarding his residing in Silver Ridge. Mayor Baugh asked Attorney Watts to take it back to his client and Attorney Watts agreed he would. Mayor Baugh then asked Mr. Garthwaite if he'll work with Attorney Watts as a representative of Silver Ridge and Mr. Garthwaite replied he'd like others involved also. COMMUNICATIONS Attorney C. Allen Watts re: Shangri-La Subdivision - Attorney Watts said he wrote December 18th of last year regarding R. A. Coleman and they believe Shangri-La Subdivision has been completed for quite some time and improvements should be accepted but there's some reluctance due to an alleged drainage problem. Attorney Watts said they met with City Attorney Alvarez and the City Engineer and the opinion was that drainage accumulated in Shangri-La for two reasons, due to design for holding drainage from Shangri-La,but not from other develop- ments that came later, and from weeds and small culverts in the ditches. He said they asked in several subsequent letters to accept the improvements and Mr. Coleman is still paying the electric bill on the lift station. He asked that they tell them in what respect they're in violation of the subdivision regulations or in what respect they didn't complete the subdivision according to the plan. -7- Council Regular Meeting Minutes April 20, '1987 o o COMMUNICATIONS (Continued) - Attorney C. Allen Watts re: Shangri-La Subdivision (Continued) - Attorney Watts said if the plans are okay and he's in compliance, he'd like the City to take the electric bill on the lift station. He noted that he'd asked that the City Engineer be here for this meeting. City Clerk Martinez stated that staff is preparing a report and she submitted it to City Attorney Alvarez. She noted it has to be reviewed by the City Engineer and the City Attorney. City Attorney Alvarez noted that Mrs. Plaskett is putting together a report from Mr. Ferrara, Briley Wild, and the City Clerk/ Administrator said this is a chronological series of events. City Attorney Alvarez said the question is whether or not the flooding problems in the sub- division are caused by improper design inside the subdivision or outside the subdivision or what percentage can be attributed to the subdivision, and they don't have a final answer. Attorney Watts stated that the design was approved by the City Engineer and the question is whether they built it to design. He added that they designed it, submitted the design to the City Engineer and he said it will work and they built it. He again asked if there is something in the regulations they didn't do because he's been working on this since last December. City Attorney Alvarez pointed out that the engineers who approved it are long gone. Attorney Watts said they want to turn over the roads and electric bills for the lift station. Mayor Baugh asked when the report will be available and City Clerk Martinez replied that the City Attorney needs to review it. City Attorney Alvarez noted that it might be moot after next Monday when Council considers a capital improve- ment program for the City,which includes drainage and some of the area around Shangri-La was identified as a problem. William Ihrig, 408 Village Court, stated he's at the end where all the water is and he understands it was built two feet too low. He said the Association gave them a letter and the retention poind needs to be dredged because it's not deep enough. He added that he's been calling Mr. Coleman about the grass needing cut and children are playing around the pond and there are no signs up. He said there's a 6" pipe through his yard to the street and it's not working. He added that he's called Mr. Coleman but he won't stop by to look at it. He said he doesn't want the City to accept the subdivision until the Association meets and okays it. Mayor Baugh suggested he tell the Association about the meeting on Monday. ~City Attorney Alvarez suggested they get some papers for the Association about ~ maintaining the commons area, and it was agreed they'd discuss it. Mr. Ihrig again said the pond isn't deep enough for the water to go into it. City Attorney Alvarez noted that's an engineering matter. Attorney Watts said they just want to be told what they should do and he asked if it will be May 4th if it's not resolved on Monday night. Mayor Baugh replied yes. Volusia County Land Acquisition Selection Committee's request for suggestions and comments, and designation of delegate as liaison between County and City - Mayor Baugh suggested David Garrett, Parks and Recreation Director, be the person that's the liaison between the County and the City. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Request for Rotary's Spring Carnival on April 28-May 3 at Florida Shores Shopping Plaza - This item had been moved up to earlier on the agenda. (See page -4- of these minutes). -8- Council Regular Meeting Minutes April 20, 1987 o o ORDINANCES AND RESOLUTIONS Res. 87-R-23 Appointing Melvin Copeland to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. RES. 87-R-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MELVIN COPELAND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PRO- VIDING AN EFFECTIVE DATE. He stated that the term is to end February 4, 1988. Councilman Prater moved to adopt Resolution 87-R-23. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-24 Appointing Lester Yarnell, Larry Swets, and Daniel Bumpus to Building Trades Regulatory and Appeals Board - City Attorney Alvarez read this Resolution. RES. 87-R-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING LESTER C. YARNELL, LARRY A. SWETS, AND DANIEL L. BUMPUS TO THE BUILDING TRADES REGULATORY AND APPEALS BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the term of office for Lester Yarnell is to February 16, 1990, and for Larry Swets and Daniel Bumpus are to April 20, 1990. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 87-R-25 Reappointing Harry Montgomery and Sue Pezanowski to Parks and Recreation Board - City Attorney Alvarez read this Resolution. RES. 87-R-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING HARRY MONTGOMERY AND SUE PEZANOWSKI TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the terms are for three years to end May 17, 1990. Councilman Prater moved to adopt Resolution 87-R-25. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Ogil Reed's request to cross buffer at 35th Street (Tabled January 14, 1987) - Mayor Baugh requested a motion to bring this off the table. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Marie Nichols spoke as Mr. Reed's representative. She stated that Mr. Reed is planning to build a house there, and had originally planned to build the barn first and then the house but this is now reversed, with the house being built first and then the barn later. Councilman Mitchum moved to grant the request with the stipulation that he build the house and that it remain as a driveway and would revert back to the City if it changes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:08 P.M. Minutes submitted by: Lura Sue Koser 2- , CITY CLERK/ADMINIS RATOR Approved this 4th day of May --;-198 7 . MAY~ ~ r:~ ~ r~">~ -9- Council Regular Meeting Minutes April 20, 1987 , .,' "'FORM 8B MEMOC;\NDUM OF VOTING :~ONFLICT FOR COUNTY, MUNICIPAl, AND OTHER LOCAL \1(iBLIC OFFICERS ~NAME-FIRST NAME-MIDULE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Baugh, Earl D. City Council of Edgewater MAILlN(; ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: P.O. Box 100 :XCIIY : . COUNTY :' OTHER I.OCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Edgewater Volusia City of Edgewater DATE ON WHICH von: OCCURREU MY POSITION IS: April 20, 1987 X' ELECTIVE . . APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting connict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOI~TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ( I Iflll\l ~Il 1II.~f, PAGE I -J.- ...~ o o . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your connict in the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Earl D. Baugh , hereby disclose that on April 20 ,19~: (a) A measure came or will come before my agency which (check one) --X- inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Rezoning of Caldwell property, which is abutting the Silver Ridge Subdivision, where I reside. ~ 7.-1.-,/?'t7 [;.2{iL- Signature Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 . 10.86 PAGE 2