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01-04-1982 - Regular ;. ,,- ~ - '-J '-J CITY OF EffiEWATER CITY COUNCIL PUBLIC HEARING and REDU1AR MEETING January 4, 1982 Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. Clay Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Excused** Present Present Present There was a silent invocation and the salute to the flag. Mayor Christy called the Public Hearing to order. A. Ordinance 81-0-41 - Life Safety Code. The City Clerk read the ordinance by title only. There were no comments from the audience. Councilman Wilbur motioned to close the Public Hearing on Ordinance 81-0-41, seconded by Councilman Pendleton. The Public Hearing was closed. B. Ordinance 81-0-42 - Burning Permits. The City Clerk read the ordinance by title only. Mr. Robert Witzig, Florida Shores, asked if this ordinance could be in conflict with either County or State ordinances. Mr. Mitchell, City Mgr., informed the Council that this ordinance has been cleared with the State and the County. This ordinance is meant to give the City some control over burning permits. Mr. Walter Gross, Lake Ave., mentioned a recent state statute concerning air pollution and burning and suggested the city check into thi s. ** Mrs. Mary Jane Henderson, Attorney, arrived at the meeting to represent the City Atty. 11r. William Phinney, Wildwood, questioned the burning of waste material. Mr. Mitchell said that this ordinance deals with controlling burning and that there are other ordinances that deal with large accumulations. of trash and waste materials. Councilman Wilbur motioned to close the Public Hearing, seconded by Councilman Pendleton. The Public Hearing on Ordinance 81-0-~2 was closed. APPROVAL OF MINUTES Councilman Wilbur motioned to accept the minutes of the December 21, 1981 meeting, seconded by Councilman Lodico. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO due to the fact that he was absent from the meeting. BILLS AND ACCOUNTS Councilman Wilbur motioned to pay the bills, seconded by Councilman Lodico. Councilman Lodico commented on the fact that the bills presented to Council involve expenditures for items used by the city. If the Council did not approve these bills for payment it would seriously affect our credit. If there is anything wrong it should be discussed afterwards and prevented from happening again but the bills that are presented to Council are due and must be paid. Upon roll call the motion to pay the bills CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mayor Christy noted that the city had paid the Elk's Club $225.00 and he understood that Magnuson Corp. had paid $~70.00. He also understood that there were only about twenty employees at the party and the rest were board members. The city was supposed to pay for the board members and he questioned why Magnuson should pay for the city and for the board members. The Mayor continued by mentioning rumors connecting the party with a request by Magpuson 'to vacate Alamanda St. for the shopping center. Councilman Lodico pointed out that the Mayor did not attend the party and was just repeating gossip. City Manager Mitchell said that Magnuson Corp. spent less than originally anticipated and so did the City. Mayor Christy continued by pointing out that on December 31st there was only one person working at City Hall in the afternoon while most of the other departments put in a full day and he asked for a motion to pay the other employees for that half day. Councilman Ledbetter pointed out that all departments are equally important and he made a motion to give the other employees a half day off. The motion died for lack of a second. Councilman Lodico pointed out that the Council has given the City Manager authority to manage city business. ,.... .. eOMr-RJNICATIONS '-> { ~ ~The City Manager and Department reports were submitted in writi~to the Council. There was no report from the City Attorney's office. The City Clerk read a letter from Mr. Earl Wallace, Chairman of the Zoning and Planning Board requesting that the Council consider reducing the number of members on the board. He cited ever increasing development and site plan reviews and the length of board meetings and suggested that perhaps a smaller board would be able to work more effectively. Mayor Christy indicated that he would like the City Attorney's opinion on laws regarding the number of board members. Councilman Lodico motioned to reduce the membership of the Zoning and Planning Board and the Board of Adjustment to five members, seconded by Councilman Wilbur. There was a lengthy discussion concerning board membership and the need to have the City Attorney's opinion on this subject. Reference was made to Chapter 166.021 subsection 4 which concerns changing board memberhsip by referendum. Upon roll call the motion to reduce membership DID NOT CARRY 2-3. Councilmen Ledbetter and Pendleton and-Mayor Christy voted NO. Councilman Lodico motioned to reduce the Board of Adjustment membership to five, seconded by Councilman Wilbur for discussion. Councilman Wilbur asked for an opinion from the City Attorney's office for the next meeting. Upon roll call the motion DID NOT CARRY 1-4. .councilmen Ledbetter', Pendleton and Wilbur and Mayor Christy voted NO. "The City Clerk read letters from Mr. and Mrs. Reilly and Mr. Ed Hall concerning property in Wildwood. Mr. Hall is constructing a house next to the Reilly's and they contend that it will create a drainage problem on their lot because it is at least three feet higher than their house. Mr. Hall stated in his letter that the floor of his house will be two inches higher than the Reilly's house. Mr. Reilly was informed that he could go before the Building Code Board in regard to the Building Officials decision on the building height. _ The City Manager will contact the Building Official regarding the construction of the new house. Mrs. Henderson informed Mr. Reilly that Mr. Henderson would be meeting with the developer of Wildwood and the City engineers sometime next week and perhaps this question could be called to their attention and checked out at that time. A possible drainage problem at 1704 Royal Palm Drive was also discussed and the increase in the distance from the floor level above the crown of the road which may be causing some of these potential drainage problems. The City Mgr. will see that a report is submitted to Council. The City Clerk read a letter from Mr. and ~tts. George Brand, 2714 Unity Tree Dr., requesting Council permission to live in their trailer at that address until construction is completed on their house. Councilman Pendleton motioned to grant this permission, seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS ORDINANCE NO. 81-0-41 (second reading by title only) AN ORDINANCE ADOPTING THE LIFE SAFETY CODE, 1981 EDITION AS THE LIFE SAFETY CODE OF THE CITY OF EffiEWATER, FLORIDA, PROVIDING FOR PERMIT FEES TO BE SET BY RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR APPEALS TO THE BUILDING CODE BOARD; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt the ordinance, seconded by Council Pendleton. Upon roll call the motion CARRIED 5-0. ORDINANCE 81-0-42 (second reading by title only) AN ORDINANCE ENACTING BURN CONTROL PROVISIONS ;: FOR THE CITY OF EffiEWATER, FLORIDA; PROVIDING DEFINITIONS, PROHIBITING BURNING UNDER CERTAIN CONDITIONS, AND RmUIRING A BURN PERMIT TO BE ISSUED BY THE FIRE DEPARTMENT, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Councilman Pendleton spoke about the danger of fires in Florida Shores and asked if a member of the Fire Dept. would be present. There were also questions raised by members of the audience about pollution control and smoke pollution, especially in residential areas. Mayor Christy quoted from Fla. Stat. 403.182 on pollution control. Councilman Pendleton motioned to TABLE this ordinance for further study, seconded by Councilman Lodico. Mayor Christy said that a motion to TABLE takes precedence over the original motion. Upon roll call the motion to TABLE CARRIED 3-2. Councilman Lodico and Councilman Wilbur voted NO. (There was no further action taken on the original motion.) Council Meeting 1/4/82 - 2 - , ~... iiso~UTION 82-R-1 - A RESOLUTIO~POINTING JEANETTE DUDLEY TO ~ LIBRARY BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF OFFICE OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH,AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton motioned to adopt this Resolution, seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. RESOLUTION 82-R-2 - A RESOLUTION APPOINTING LAURETTA SHAFER TO THE LIBRARY BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF OFFICE OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to adopt this Resolution, seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. RESOLUTION 82-R-J - A RESOLUTION APPOINTING MICHAEL AVERY AS EMPLOYEE REPRESENTATIVE TO THE MERIT BOARD FOR A TERM OF ONE YEAR; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this Resolution, seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. UNFINISHED BUSINESS - None NEW BUSINESS - None MISCELLANEOUS Mr. Witzig questioned how the money was spent for the Christmas party. Mr. Phinney suggested separating the Zoning and Planning Board into two boards and also asked the Council to reactivate the Charter Review Board. Mr. Opal questioned the 15 Conflict of Interest forms filed by the Chairman of the Zoning and Planning Board. Mr. Walter Gross asked if there was a member of the Zoning and Planning Board who was not a citizen of this country and if so, every vote taken while that man was a member should be cancelled. Mr. Richard McKillop questioned why the Chairman of the Zoning and Planning Board should write to the Council without consulting board members and also pointed out that the new by-laws would be discussed at the next board meeting and all the members should make recommendations to the Council. Mr. Dan Holahan. also spoke about the Christmas party and expressed regret that some people were trying to make this pleasant party a controversial issue. Councilman Lodico motioned to adjourn the meeting, seconded by Councilman Wilbur. The meeting was adjourned at 9:50 P.M. Minutes Submitted by: Nancy Blazi ~. (/ J{.F\ ~ ~ A~A/~ ~ Ci ty clery ~ Council Meeting 1/4/82 - 3 - " ,.. - . ... ~.~ ., f " -"' \