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12-07-1981 - Regular ...r. . . .. -~' , ~ (.) CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 7, 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 Present 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 a salute to the flag. 2. APPROVAL OF MINUTES Councilman Pendleton moved to approve the minutes of November 16, 1981, seconded by Councilman Wilbur. Upon roll call, the motion CARRIED 4-1. Councilman Ledbetter voted NO because he was not present at the meeting. Councilman Wilbur moved to approve the minutes of November 18, 1981, Special Meeting, seconded by Councilman Lodico. The City Attorney made note that this special meeting for the record, was a legal meeting. Upon roll call, the motion CARRIED 4-1. Mayor Christy voted NO. Mayor Christy wished to note at this point that he had been given a procedure of meetings which said that a question or call for vote could not interrupt a speaker. The Mayor said that if this occurred, he would not call for a question on the motion. Councilman Lodico questioned the legality of this. The City Attorney said that a motion for previous question is always in order. 3. BILLS AND ACCOUNTS The City Manager asked the Council to approve the supplement, which are bills from Henderson & Henderson in the amount of $1396.40. Councilman Wilbur moved to pay the bills, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. 4.A. COMMUNICATIONS -- CITY MANAGER AND DEPARTMENT HEADS The City Manager reported that he and his wife are now residing in the City. Mrs. Gayle Harmon has been appointed as advisory board member and city representative to the Emergency Medical Foundation of Volusia County. The year-ear fiscal results showed the City with an overall "profit" and all funds in sound condition. Mike Avery and his crew are working on the elementary school ballfield. Principal Hogan has extended full cooperation in this project. The fencing around the sewer plant will soon be rearranged to close off the entire area. Street lights are being installed in the Wildwood subdivision. The new zoning map of the City has been completed. The City Clerk has been requested to begin a thorough and exhaustive review of all city records, for the purpose of following the Secretary of State's instructions as to records disposition. On.November 19, the work started on the new wells. He announced the new board secretary. Florida Power and Light has advised that the :street lights on u.S. 1 be converted to sodium vapor; they have recommended this for the entire city, public reaction is requested. The City Hall roof has been repaired. Councilman Ledbetter questioned FP&L's authority to change t~e street li~hts without the City's approval. The City Manager said ~at FP&L claims it has the authority to change them on U.S.l- on their own. Council- man Lodico noted that the new lights would mean lower bills. 4.B. CITY ATTORNEY The City Attorney mentioned that the CitY'lwill have ;.title to Menard Beach. He hopes that the City will be able to formally accept the title at the next Council meeting. ~ ~ ~ ~ ~ . I Mayor Christy's lawsuit against the City will be brought before Judge Hutchinson on January 7th in his chambers for a motion for judgement on pleas. The Police Dept. has asked the Attorney to pub together a program and resolution regarding the Florida Contraband Forfeiture Act, which he has explained to Council previously. The resolution will set up a trust fund for the depository of receipts from forfeiture auctions. Council- man Pendleton moved to have the Attorney and Police Chief get to- gether and provide more details on the program, seconded by Councilman Ledbetter. Upon roll ~all, the motion CARRIED 5-0. The State also allows municipalities to impose a surcharge of $1.00 on fines for court costs. Councilman Pendleton moved to have the Attorney and the Police Chief also provide further information on this, seconded by Councilman Wilbur. The Police Chief explained that the fines will not increase, but another dollar will go to the City, not the County. This has to be done by ordinance. Upon roll call, the motion CARRIED 5-0. 4.C. EDGEWATER CIVIC GARDEN CLUB The City Clerk read a letter from the Garden Club to the Council, thanking them for the use of the community center. 4.D. PETITION--REPAVING OF WEST CONNECTICUT The City Clerk read the letter of petition from Mr. Garrity regarding the repavQng of West Connecticut Avenue. This petition was originally presented in October, 1977. The City Manager asked that the Council file this and the next petition pending presentation of a comprehensive report on this matter by him. There was no objection from the Council. 4.E. PETITION--PAVING OF PERDITA STREET The City Clerk read a letter of petition regarding the repaving of Perdita Street. The Council agreed to await the City Manager's report, as stated above. 4.F. RESIGNATION--JOHN F. ZELLER The City Clerk read a letter of resignation from Mr. John Zeller from the Citizen Code Enforcement Board. Councilman Lodico moved to accept the resignation with regret, seconded by Councilman Pendleton. Mayor Christy asked that a letter of thank you be sent. Upon roll call, the motion CARRIED 5-0. . Mayor Christy read a letter from Mr. Frank Opal, which he stated should have been placed on the agenda. The letter concerns the Christmas Party and the reason why the Charter Review Board was not invited. Mr. Opal also questioned who was paying for the party. The City Manager said that the employees' part of the party is paid by private donations, and the board members' part by the City. The Charter Review Board was not invited because they are not an active board. Mayor Christy said that he has had a lot of phone calls about the building on the corner of U.S. 1 and Connecticut Avenue. The Planning Dept shows that the project has been approved as of November, 1980, for a commercial building. There is some question as to whether it is a commercial building. Councilman Pendleton moved to have the building inspector look into it and report back to the Council, seconded by Councilman Ledbetter. Upon roll call, the motion CARRIED 5-0. 5.A. ORDINANCES AND RESOLUTIONS -- 81-0-41 LIFE SAFETY CODE The City Attorney read Ordinance 81-0-41 AN ORDINANCE ADOPTING THE LIFE SAFETY CODE, 1981 EDITION AS THE LIFE SAFETY CODE OF THE CITY OF EDGE- WATER, FLORIDA; PROVIDING FOR PERMIT FEES TO BE SET BY RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR APPEALS TO THE BUILDING CODE BOARD; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. (1st Reading) Councilman Pendleton moved to adopt the ordinance, seconded by Councilman Wilbur. Upon roll call, the motion CARRIED 5-0. Council Meeting 12/7/81 -2- .. 1 ~ ~ . \, ~ (.,) S.B. 81-0-34 CONDOMINIUMS (TABLE) The City Attorney said this was still on the table pending the report decided on at the special meeting. The City Manager said that the City Attorney had drawn up a resolution appointing a task force. The City Attorney read RESOLUTION NO. 8l-R-8l A RESOLUTION IN THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SPECIAL TASKFORCE TO REPORT ON THE RECREATIONAL NEEDS OF THE CITY, REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur moved to table this until the next meeting to allow the Council time to study it, seconded by Councilman Ledbetter. Councilman Ledbetter said that he understood they had just appointed a fact-finding committee; a resolution shouldn't be necessary. Council- man Pendleton said that he felt a committee to study this is necessary. Upon roll call, the motion CARRIED 3-2. Councilman Lodico and Council- man Pendleton voted NO. s.C. 81-0-42 BURNING PERMITS (1st READING) The City Attorney read ORDINANCE NO. 81-0-42 AN ORDINANCE ENACTING BURN CONTROL PROVISIONS FOR THE CITY OF EDGEWATER, FLORIDA: PROVIDING DEFINITIONS, PROHIBITING BURNING UNDER CERTAIN CONDITIONS, AND REQUIRING A BURN PERMIT TO BE ISSUED BY THE FIRE DEPARTMENT, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (1st Reading) Councilman Wilbur moved to adopt the ordinance, seconded by Councilman Pendleton. Mayor Christy questioned the legality of this in regards to the Department of Environmental Regulation. The City Attorney said this ordinance was prepared in accordance withfueir rules. Upon roll call, the motion CARRIED 4-1. Mayor Christy voted NO. S.D. 81-0-18 CARDER ANNEXATION The City Attorney said that this ordinance had been withdrawn. 6. UNFINISHED BUSINESS The City Manager read a letter from the Zoning and Planning Board recommending that Mrs. Murphy's application for rezoning be granted. Councilman W~lbur moved to direct the City Attorney to draft an ordi- nance and the City Clerk to set up a public hearing, seconded by Councilman Lodico. Upon roll call, the motion CARRIED 5-0. 7. NEW BUSINESS The City Manager read a letter from the City of Daytona Beach inviting City officials to the Volusia Leage of Municipalities dinner. He polled the Council as to who was going. Councilman Wilbur brought up the question of ownership of Marion Street. It seems there is some confusion about whether it is a city street or not. Councilman Wilbur moved to instruct the City Attorney to check this matter, seconded by Councilman Pendleton. There was some further discussion. Mr. Armstrong, former :mayor~' said that he would check into his records and see what he had concerning this matter. Upon roll call, the motion CARRIED 5-0. Councilman wilbur said that he understood the City has 12 acres that is a former city garbage dump. He moved that the City Manager check into making this property into a ;'dri ving range i:Or., Jsome other s~te for the people of the City, seconded by Councilman Pendleton. After some dis- cussion, Mr. Armstrong said he would also check his files concerning whether or not the City needed DER permission to develop this area. Upon roll call, the motion CARRIED 5-0. Councilman Lodico questioned the expense of the Mayor making copies of information from the Florida League of Cities for the Council members. The Mayor said he thought this was important for the Council to know, and that he wanted some input from them. The Mayor said that he planned to go to the League meeting. There was a lengthy discussion about the increase in State sales tax. Council Meeting 12/7/81 -3-, ? .. , ,. ~ J.__ ". . ~ u 8. MISCELLANEOUS Mr. Walter Gross, Lake Avenue, requested an apology from a Councilman who he said insulted his wife at the last Council meeting. He also said that he and several other people think that the new floor is showing signs of wear. Mr. Gross also wants the Council to put the Chairman of the Board of Governors, Mr. Wolfe, on the recreational task force. He asked the City Manager if the Garden Club is getting free space to meet every week. He asked the City Attorney if he ever questioned conflicts of interest forms. The City Manager asked Mr. Gross to stop by the office and he would find out about the Garden Club for him. The City Attorney explained that it is not the City Attorney's job to enforce the Ethics Law, that is,~done lDy the EthilJcs Commission. Mr. Bill Phinney commented that the Council's delay on the recreational impact fee :is doing a great'disservice to the City. As president of D.O.E., he questioned being able to use the audio system in the community center. The City Manager said that groups could use the audio system if a worker was there to run it and if the group would pay for that worker to be there. Mr. Frank Opal questioned who was paying for the employees' Christmas Party. Police Chief Earl Baugh" who was designated at a staff 'meeting to check on funds for the Christmas party, explained that the Magnuson Corp. donated $1175.00 for the employees' party. 9. Councilman Wilbur moved to adjourn the meeting, seconded by Councilman Pendleton. The meeting was adjourned. Minutes submitted by: Nancy Blazi Cecelia Moore ~~ ?-'~ Mayor , 'CoUncllman 1- l ~L~~ %-. ~ ~. Councilman ATTEST: )U~U IMyt' Clty Cle:{ .~. ~ Approved thi~1 day of December, 1981. ~~~~;/~ Mayor Council Meeting 12/7/81 -4-