Loading...
11-16-1981 - Regular .. ~ (.) . .1r CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING November 16, 1981 1. Mayor Christy called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman,Wilbert Pendleton Councilman John Wilbur Present Present Excused Present Present City Atty. Clay Henderson Police Chief Earl Baugh City Clerk Nancy Blazi City Mgr. Joseph Mitchell Present Present Present Present There was a silent invocation and the salute to the flag. 2. Mayor Christy opened.!.the: ,Public Hearing. The City Attorney read Ordinance 81-0-39. AN ORDINANCE AMENDING ORDINANCE NO. 79-0-25 BEING CODIFIED AT SECTION 3-3 IN CODE OF ORDINANCES OF THE CITY OF EDGEWATER, F,LORIDA, TO DELETE THE PRO- HIBITION AGAINST PENNANTS, RIBBONS, STREAMERS, SPINNERS, OR WIND OPERATED DEVICES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, DIRECTING THE CITY CLERK TO ADVERTISE THE ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Phinney, Wildwood; Mr. Wilkinson, Ocean Avenue; Mr. Cochran, Silver Circle; Mrs. Louise Ustanowich, Mr. Frank Opal, and Mr. Daniel Armstrong, said that they would not like to see the ordinance passed. Mr. Daniel Holahan spoke in favor of passing the ordinance. Councilman Pendleton moved to close the public hearing, seconded by Councilman Lodico. The Public Hearing was closed. 3. APPROVAL OF MINUTES Councilman Wilbur moved to approve the minutes of October 19, 1981, seconded by Councilman Lodico. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. Councilman Wilbur moved to approve the minutes of November 2, 1981, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 3-1. Councilman Lod~co voted NO because he was not present at the meeting. 4. BILLS AND ACCOUNTS Councilman Wilbur moved that the bills be paid, seconded by Council- man Pendleton. Mayor Christy questioned bills from Creative Landscaping for $619.00 and $324.60; and bills from Midway Furniture for chairs. The City Manager answered the questions. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. 5.A. CITY ATTORNEY The City Attorney reported on the various lawsuits pending against the City. Regarding the Montesano suit, the City's motion to dismiss the suit will be in court the first week in January. Mayor Christy announced that his lawsuit against the City was also going to be in court January 7th. The City Attorney said that he had talked to Mr. Godbee, the City's special Counsel, who was still in bed from his accident. But Mr. Godbee has filed the City's answer. u u The City Attorney announced there was a settlement offer made to the City in the pilch suit. The settlement is Ithat Mr. Pilch will voluntarily dismiss his case if the City considers an amendment to the building ordinance to properly set fees, and will pay his attorney's fees of :$1,500.00. The City Attorney explained the background of the case. He also explained that the basis of the case was that the building fees were passed by resolution when they should have'been passed by ordinance. Mayor Christy asked the Attorney if by passing an ordinance now, if it wouldn't strengthen the power of,lthe resolution. The City Attorney replied that that would be the City's strongest defense. Councilman wilbur moved to have the City Attorney draw up the proper ordinance to strengthen the resolliuionalready in effect, seconded by Councilman Pendleton. I, Councilman Lodico asked if this couldn't be a special ordinance, and the City Attorney said that what it could be was an emergency ordinance. Councilman wilbur amended his motion to be stated as such, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. At this time, Mayor Christy announced that he wished to give a special award of commendation to two police officers who were re- sponsible for the arrest of a murder suspect; and to another officer for his help in a hit-and-run accident. Mr. Mitchell objected to this as a breach of the Council-Manager system. 5.B. TELEPROMPTER TV Mr. Terry Messner, General Manager for Teleprompter, carne forward and explained the rate increase that is going to be put into effect. Mr. Messner also explained the company's plans for expanding service in Edgewater. At this time, he has not heard whether or not this expanded service has,been approved. He assured the Council that as soon as he did know, he would inform them. After some questions from the Council and the City Attorney, Mr. Messner agreed to corne back to the next Council meeting with any further information he had. The City Attorney explained that the Council has deregulated this business, so they have no authority over rate increases. He gave the Council a combined ordinance that he had put together showing exactly what the laws were now concerning cable TV. s.C. BUILDING CODE BOARD - LIFE SAFETY CODE The City Manager read a letter from the Building Code Board re- commending that the Council adopt the Life Safety Code, and all amendments to it for 1980. Councilman Wilbur moved to instruct the City Attorney to draw up an ordinance to adopt the Life Safety Code plus the amendments, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. 5.D. MERIT BOARD Item #1 was a letter from the Merit Board requesting the Council review and approve their by-laws. Councilman Wilbur moved to:,adopt the by-laws, seconded by Councilman Lodico. Upon roll call, the motion CARRIED 4-0. Item #2 was a table of infractions adopted by the Merit Board for City employees. Councilman Wilbur moved to have a workshop to further table. The City Manager said he would set a date for and notify the Merit Board so they could be present. the date will be after December 7th. study the the workshop It was agreed Council Meeting 11/16/81 -2- ~ u . . 5.,E. JOINT PENSION BOARD Mr. Jack Ascherl, Agent of Record for the Pension Plan, presented to the Council some improvements in the.!Pension Plan. The improve- ments include 100% vesting after 5 years instead of 10 years; and, elimination of the five year requirement for participation in the long-term disability plan for police personnel. The extra money for the second item would come from state funds. Because the Council had additional questions about the plan, they felt it should be tabled for now and Mr. Ascherl could come to the workshop meeting and further explain. Councilman Lodico moved to table the matter until the workshop meeting which the City Manager is going to schedule, seconded by Councilman Wilbur. Upon roll call, the motion CARRIED 4-0. 5.G. PLANNING BOARD The City Clerk read a letter from the Zoning and Planning Board ex- plaining the recommended changes they had made in Ordinance 81-0-34 and Resolution 8l-R-77, which deal with condominiums. Mayor Christy asked the City Attorney if the recreation levy couldn't become an impact fee and there by eliminate the possibility of lawsuits against the city. The City Attorney explained exactly what an impact fee involves. It could be done this way, but the State law is very firm about the provisions of an impact fee system; and it could not discriminate, private homeowners as well as condominiums would have to pay the fee. The Council expressed concern over law- suits. The City Attorney explained that almost whatever they passed would draw some litigation. Councilman Wilbur moved to vote against the ordinance and send it back to be re-worded and presented in another manner. The City Attorney questioned the Council for some sort of consensus of what exactly they wanted. After further discussion, Councilman Wilbur withdrew his motion and moved to table the ordinance for now and send it back to the City Attorney, seconded by Councilman Pendleton. Councilman Pendleton also stated that he objected to Section 3 of Ordinance 81-0-34. Mr. MCKillop of the Zoning and Planning Board came forward. He explained that the Boand had never intended to have the public use a condominiums private facilities. He also said that the Comprehensive Plan calls for a large developer to provide for impact on public recreation. Upon roll call, the motion to table CARRIED 4-0. The City Attorney explained that the Council had three options on this matter: 1) to forget the whole thing, 2) to have either/or situation, as the present ordinance allows, or 3) to have an impact fee system. Because the Council felt they needed more information, it was decided to hold a joint meeting with the Zoning and Planning Board on December 2, 1981. There was at this time a ten-minute break. Mayor Christy called the meeting back to order. MayorChrilsty ~read into the minut~s I.ased:tion 'from the Comprehens~ve Plan. From Page 1-26, item #10, On Going - Require large new developments to dedicate a proportion of the total development acreage for use as a public recreation or open space site. The second item from the Zoning and Planning Board was a letter read by the City Manager regarding the Spiering Zoning Request. The City Manager summarized the action that had been taken up until this time. Dr. Spiering is requesting that zone R-2B be changed to grant a special exception for a medical/dental facility. The City Attorney suggested that the Council could spell out the special exception and limit it by attaching certain conditions. After some discussion, Councilman Wilbur moved to send it back to the Zoning and Planning Board for special exception wording, that advertising go out that there will be a public hearing at the earliest possible time.) : ] I Council Meeting 11/16/81 -3- ;. . u <.J Cpuncilman Wilbur also wanted to make the special exception for only a medical facility, not dental. The motion was seconded by Councilman Pendleton. Mr. Wright, Florida Shores, spoke at this time. He explained that he had delivered to the City Manager a letter from Mr. James Engle, President of the Florida Shores Property Owners' Association. The City Clerk read the letter which was addressed to-the Zoning and_Planning Board. The Association feels that Indian River Blvd should remain zoned the way it is, with no more special exceptions. Upon roll call, the motion CARRIED 4-0. S.H. VICTOR MACINO The City Clerk read a letter from Victor Macino tendering his resig- nation from the Industrial Development Board, due to other pressing matters. Councilman Wilbur moved to accept the resignation with deep regret, seconded by Councilman Lodico. Upon roll call, the motion CARRIED 4-0. Mayor Christy requested that a letter of thanks be sent to Mr. Macino. S.1. FRANK OPAL The City Clerk read a letter from Mr. Frank Opal. He had questions about back taxes, double taxation, and the public records law. His question about the public records law concerned the employment file of the City Manager. He started to explain his question about back taxes, but his allowed three minutes was over. The Council did not wish to allow him more time. 6. ORDINANCES AND RESOLUTIONS A. 81-R-77 Recreation Impact Fees, and B.81-0-34 Condominiums, were withdrawn because of the earlier action taken. 6.C. 81-0-39 PENNANTS (2nd READING) Councilman Wilbur moved to adopt the ordinance, seconded by Council- man Lodico. After some discussion about wind-operated devices, Councilman Wilbur also mclved to amend the ordinance to include after the word banners, "or wind operated~de~ices in excess of six inches, or", also seconded by Councilman Pendleton. Upon roll call, both motions CARRIED 3-1. Mayor Christy voted NO on the motion and the amendment. 6.D. 81-0-40 DIOCESE ANNEXATION Councilman Wilbur moved to take this iuem off the table for Council discussion, seconded by Councilman Pendleton. Councilman Lodico said that he thought the land should be annexed in, to go along with the Comprehensive Plan and to collect the taxes. There was some discussion about taxes and church exemption. The City Attorney ex- plained that until a building is put on church land, taxes must be paid on it. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. The City Attorney read Ordinance 81-0-40. AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY THOMAS J. GRADY AS BISHOP OF THEIJDIOCESE OF ORLANDO, A CORPORATION SOLE, INTO'THE CITY OF EDGEWATER,FLORIDA, PURSUANT TO SEC. 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING SECTION 1-1- OF THE CODE OF ORDINANCES; PROVIDING THAT SAID ANNEXED PROPERTY SHALL BE ZONED R-4; PROVIDING THAT A CERTIFIED COpy OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCNIT COURT IN VOLUSIA COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE FOR THE STATE OF 8LORIDA, UPON ADOPTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. (First Reading). There was some further discussion between Mayor Christy and the City Attorney concerning the proper procedure for annexation. Council Meeting 11/16/81 -4- r '. , . . " .,;. .' u u Councilman Wilbur moved to adopt the ordinance; set up a public hearing, and refer the ordinance to the Zoning and Planning Board for its compliance with the Comprehensive Plan, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. 7. UNFINISHED BUSINESS At the November 2nd meeting, the Council tabled a request from the Chief of Police to purchase certain items for crime prevention under a state grant. At this time, Councilman Wilbur moved to instruct the Chief to purchase the items on the list that he has prices for, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. 8.A. PARKS AND RECREATION ADVISORY BOARD The City Manager explained a proposal to revise the present Board of Governors setup and appoint a Parks and Recreation Advisory Board. This would take into account the scope of all recreation adtivities in the City, both now and in the future. The Council discussed this and the appointment of a recreation director, also what the role of the Edgewater Athletic Association is. Councilman Wilbur moved to table the matter for further investigation, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. 8.B. BURNING PERMITS The City Manager explained that the City at this time has no formal way of approving burning requests. He said that New Smyrna Beach had worked this out by ordinance; the Fire Department would admini- ster it and is in favor of it. Councilman Wilbur moved to instruction the City Attorney to put an ordinance together, seconded by Councilman Lodico. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. 9. MISCELLANEOUS Mr. Walter Gross, Lake Avenue, made a statement that he thought Mayor Christy should receive a thank you for the effort he has made to help the City acquire Menard Beach. He also stated that during the Council meeting certain Councilmen did not have the proper decorum. Mr. Frank Opal asked about a special Council meeting that is being held. The special meeting is at 2:00PM on November 18th. 10. Councilman Wilbur moved to adjourn the meeting, seconded by Council- man Pendleton. The meeting was adjourned. Minutes Submitted By: Cecelia Moore Nancy F. Blazi Council Meeting 11/16/81 -5- . . " . c t to to" ~ Mayor ~ " C //. / .'7 / , I' -? . , ,./ /' ,/ -, .-?/ .......:: (~. .4~ /"..- t<Z-~ /~/f: fr 'h ~:~~l~#.~ Co 1 man WkIc. f2l0o~ ~Counci1man " ATTEST': ~ ,. of Council Meeting 11/16/81 -6- ~ AIr> / ~ r ~ ~., . . . ( ...... ~ ~ FOFli, 4 i :_M~MORANDUM OF VOTING C()N~L1CT I . ' . V DATE ON WHICH VOTE OCCURRED: 11/1B/81 ,19_ PART A Name: Wilbur John (LAST) Address: _ 1908- Royal Palm Dr. (STREET) (FIRST) --- T-. - (MIDDLE) Telephone: 427-6667 (AlC) (NUMBER) Edgewater,Fla. 32032 (CITY) Ill" CODE) V olusia. ------ (COUNTY) PART B Agency is a unit of [check one] : ) State 01 Florida, OC) County, City or other Political Subdivision Name of Agency: - -City- -of - edgewater ,Fla.- - Position held in Agency: ____ Councilman PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes S 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, priVate, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matt;r upon which you voted in your official capacity: Annexing_P!_QI>ert~ iIlto City. Diocese of Orlando 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained:___ ________ __ __n_________ Realtor-Associate Dan Holahan Realty Inc. 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. (X ) Principal by whom you are retained: _- ---- - -- (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from vuting when a conflict of interest arises; il you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E . n _-,/JL 0~ </.. .. ....---.... ~J SIG~;-U~: OF PERSON DISCLOSING .j/ ~7 /p"/ DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112_317 (1975), A FAILURE TO MAKE ANY REOUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 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. CL FORM 4 - EFF. 111/77