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02-15-1982 - Regular ,- t.~ I v (.J CITY OF EDGEWATER CITY COUNCIL RffiULAR MEETING February 15, 1982 Mayor Christy called the Council 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 Present Present Present Present There'fwas a silent invocation and a salute to the Flag. APPROVAL OF MIlmTES: Councilman Pendleton motioned to approve the minutes of Jan. Ze, 1982, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur motioned to approve the minutes of February 1, 1982, seconded by Councilman Ledbetter. Motion CARRIED 5-0. BILLS AND ACCOUNTS: The City Manager requested that a supplement bill from,Mr. Godbee, Attorney for the City in the lawsuit of Mr. Christy vs. the City for $3,544.00 be included. The total for the lawsuit is $6,044.00 to date. Councilman Pendleton motioned to include the supplement bill in the bills and accounts, seconded by Councilman Lodico. Councilman Ledbetter indicated that there appeared to be some items on the bill not related to the lawsuit. The City Attorney briefly explained some of the items on the bill and indicated that they were directly or indirectly related to the lawsuit. He added, that in the event Mr. Christy wishes to appeal, the City should attempt to re- cover. .the coiSts and fees'; Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Pendleton motioned to pay the bills, seconded by Councilman Wilbur. Motion CARRIED 4-1. Mayor Christy voted NO. CO~rnUNICATIONS: The City Clerk read a letter from the Florida Shores - Property Owners ~ssociation, opposing the request of John Massey, currently before the County Council, calling for rezoning of the airport and asking for a special exception to construct an additional east-west landing strip. The association is sending a resolution to the County Council expressing the reasons for the opposition and the association requests that the City Council oppose the rezoning and special exception. There was a discussion concerning this property, which is located west of the City, quite near the elementary school. Councilman Pendleton motioned that the Council should go on record opposing the request for rezoning and a special exception,and notify the County Council, seconded by Councilman Lodico. Motion CARRIED 5-0. The City Attorney spoke about the necessity of getting information concerning changes in County areas adjacent to Edgewater. The City Clerk read a letter from Governor Graham concerning local option ~ sales tax, and requesting the support of the Council~ The Council agreed to TABLE any action on this request until the next meeting. Hr. 'I1i tchell stated we do get notification. The City Attorney informed the Council that the City has been involved iu negotiations with Public Employees Relations Commission. The hearing that had been set for Fen 17, 1982 has been cancelled due ,to a joint stipulation re: managerial employees. COllncilman Lodico requested that the City Manager amplify his remarks about county bidding. Mr. Mitchell explained that the County is proposing a 5 county purchasing group to allow for items used by the cities and counties to be purchased in larger quantities at less cost. There "will be completer information forthcoming soon and if the City agreed it would not obligate us to make specific purchases but would give us a choice to purchase cer- tain products at a reduced cost, such as the case now with the State contracts. ~ r.,':,P\ t1'B ~,"';", ~ r,',I'~ ^.., ~rfil{i B v41 '-~ }.:: r~ 1!1 t;~ ~;!."!. " ~> ~ ,;~ f"l i'i !",'J V~ i'~'.""'; t,; ,./,3 ';.u 1!' I .:;ji~, &~~;f~~.;:) ~~.. f:~ ~.t~~-i ;fli? '-> u lb ORDINANCES AND RESOLUTIONS: Ordinance 81-0-18. The City Attorney said that this ordinance has been before the Council but was not published to the full extent. He has prepared a new ordinance No. 82-0-6 which is the same annexation request but put together in up- to-date language. Councilman Lodico motioned to remove 81-0-18 from the table and substitute it with 82-0-6. seconded by Councilman Pendleton. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Ord. 82-0-6 - AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JAMES C. CARDER AliD ROSEMARY CARDER TO THE CITY OF EffiE1tlATER, FLORIDA, PURSUANT TO SECTION 171.044 OF THE FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EffiEWATER, FLORIDA; CONDITIONALLY ZONING THE PARCEL AS R-4; PROVIDING THAT A CERTIFIED COPY OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF VOLUSIA COUNTY, FLORIDA, AND WITH THE DEPART- MENT OF STATE, STATE OF FLORIDA, UPON ADOPTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREIHTH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt Ord. 82-0-6, seconded by Councilman Pendleton. Motion CARRIED 3-2. Councilman Ledbetter and ~layor Christy voted NO. Ordinance 82-0-7: AN ORDINANCE AMENDING SECTION 2-7 PARAGRAPH (b) OF THE EffiEWATER CODE OF ORDINANCES, CHANGING THE RULES OF DEBATE, FOR COUNCIL l'lE~1BERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt Ordinance 82-0-7, seconded by Councilman Wilbur. The Citv Attorney read the ordinance in full. There was a discussion on the irregularity of "points of order" from the floor and also the need for Council to exchange id.eaS'on, subjects brought before them during the meetings. Upon roll call the motion to adopt CARRIED 4-1. Mayor Christy voted NO. Resolution 82-R-4: Concerning a mutual aid pact between law enforcement agencies in the County. The City Manager recommended adoption. Councilman Ledbetter spoke in opposition to this agreement because he does not believe any gain the City might have from this agreement would offset the responsibilities involved. The City Manager suggested that the Council might wish to add to Section III that "no assistance shall be rendered by the City of Edgewater without prior approval of the City Manager or his authorized representa- ti ve. " Resolution 82-R-4 - A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF -- EffiEWATER, FLORIDA, TO EXECUTE A CERTAIN AGREEHENT FOR INTERLOCAL LAiv ENFORCEI1ENT SERVICES HITH VOLUSIA COUNTY, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREHITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to reject the resolution. Motion died due to lack of second. Councilman Wilbur motioned to adopt Resolution 82-~-4 with the addition to Section III, seconded by Councilman Pendleton. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Resolution 82-R-7 - concerning appointments of Vice Mayor and Acting Mayor. This was presented at the last Council meeting. Nominations were made and voted upon but the resolution was not formally adopted. A RESOLUTION APPOINTING A VICE-NAYOR AND ACTING r1AYOR OF THE CITY OF EffiEHATER, FLORIDA, PROVIDING FOR TERNS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur nominated Hr. Pendleton as Vice Mayor, seconded by Councilman Ledbetter. Councilman Ledbetter motioned to close nominations, seconded by Councilman Wilbur. Councilman Ledbetter nominated Mr. Wilbur as Acting Mayor, seconded by Councilman Lodico. Councilman Hilbur nominated Mr. Lodico as Acting Hayor, seconded by Councilman Pendleton. Councilman Ledbetter motioned to close nominations, seconded by Councilman Wilbur. Upon roll call the vote to appoint John Wilbur as Acting Mayor CARRIED 5-0. Councilman Ledbetter motioned to adopt Resolution ~R~ seconded by Councilman Lodico. Motion CARRIED 5-0. (Appointed Mr. Pendleton Vice Mayor and Mr. Wilbur Acting Mayor) 2a Resolution 82-R-l0 A RESOLUTION OF THE CITY COUNCIL BESEECHING ITS ELECTED STATE AND NATIONAL REPRESENTATIVES TO KEEP THE NEW S!1YRNA BEACH FLORIDA STATE Er1PLOn1ENT SERVICE OFFICE AT ITS PRESENT LOCATION. Council Meeting 2/15/82 - 2 - ~:l'''~'' h~~" ,-~.,. ,_. _ . A~ '~~~ 4"\ '....l. ,.". .,,~ .,; ,.7. ,I"~,,, '. "~' '. .:. ~~ ,~u:' (:,:i ':"":1 ~~~ J: f~'~i ;c;i, f'~ h , 'ill ri )g.I;;; ;) "'..,. " ~,f!J ".J ." l Lb 'w~/ t1 fA !~~ tt1> u u Councilman Wilbur motioned to adopt Res. 82-R-10, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Ordinance 82-0-8 _ Concerning Federal Revenue Sharing Budget. This is a . budget update. - AN ORDINANCE REVISING APPROPRIATIONS FROM THE FEDERAL REVENUE SHARING FUND AND RATIFYING EXPENDITURES OVER THE PERIOD OCTOBER 1, 1981 THROUGH SEPTEI1BER 30, 1982; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HERE~HTH, PRO- VIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Pendleton motioned to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 4-1. Mayor Christy voted NO. UNFINISHED BUSINESS: Councilman Wilbur asked how the City was progressing on the paving program. The City Manager informed the Council that we should have complete informa- tion sometime next week. NEW BUSINESS: Board Appointments. Charter Review Board - Mr. Tipton has resigned and a replacement is necessary. Councilman Pendleton nominated Mr. Jack Kropp for the Charter Review Board, seconded by Councilman Wilbur. Councilman Wilbur motioned to close the nominations, seconded by Councilman Pendleton. Resolution 82-R-11 A RESOLUTION APPOINTING A ME~rnER TO A VACANCY OF THE CHARTER REVIEH COI1JlISSION FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREHITH; AND PROVIDING AN EFFECTIVE DATE. (r1r. Kropp appointed). Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 5-0. Zoning Commission - Mr. Wallace has resigned and a replacement is necessary. Councilman Wilbur nominated Mr. Roy Petty, seconded by Councilman Pendleton. Councilman Pendleton motioned to close the nominations, seconded by Councilman Wilbur. Resolution 82-R-12 A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO A VACANCY ON THE ZONING cO~~rrSSION FOR THE CITY OF EDGEHATER, FLORIDA; FURTHER PROVIDING FOR A TERM OF OFFICE FOR SAID APFOINTNENT; FURTHER PROVIDING THAT HE SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CO~WLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (Mr. Petty appointed) Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Lodico. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Industrial Development Board - two vacancies(I1r. Landry and Mr. MacinoJ Councilman Ledbetter nominated Mr. James Mackie, seconded by Councilman Pendleton. Mayor Christy nominated Vrr. Jake Wheeler, seconded by Councilman Ledbetter. Councilman Ledbetter motioned to close the nominations. Resolution 82-R-13 A RESOLUTION APPOINTING TWO MEMBERS TO VACANCIES FOR THE INDUSTRIAL DEVELOPr~NT BOARD FOR THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVIDING FOR A TERM OF OFFICE FOR SAID APPOINTMENT; FURTHER PROVIDING THAT EACH SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREvIITH; AND PROVIDING AN EFFECTIVE DATE. (Mr. Mackie and ~tr. Wheeler appointed) Councilman Ledbetter motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 4-1. Councilman Lodico voted NO. Ci tizen Code Enforcement Board - one vacancy( 11r. Zeller). Councilman Wilbur nominated ~rr. Ed Hall, seconded by Councilman Pendleton. Councilman Wilbur motioned to close nominations, seconded by Councilman Pendleton. Resolution 82-R-14 _ A RESOLUTION APPOIIITING AN ALTERNATE r1E~rnER TO A VACANCY ON THE CITIZEN CODE ENFORCEI1ENT BOARD FOR THE CITY OF EDGEvlATER, FLORIDA; FURTHER PROVIDING FOR A TERM OF OFFICE FOR SAID APPOINTI1EIIT; FURTHER PROVIDING THAT HE SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (Mr. Ed Hall appointed) Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 5-0. Council Meeting 2/15/82 - 3 - ~lA Wt~ .;~F); R1~ :~*7.Z ~lf~ f~"~ci- l~,hj :',.1 i-..',~,,:{ .:.,"', ;:-:--"... !,;~ f";("';~ ~l 'U;'l~l'{jajh~~V t1 ~1 ~t2 :'~I:l" (J u Building Code Board - Reappointment of Mr. Ronnie Austin and vacancies ~Mr. Bouchard and Mr. Vanzin.) Councilman Pendleton motioned to reappoint Mr. Ronnie Austin by Resolution 82-R-15, seconded by Councilman Wilbur. Motion CARRIED 5-0. Resolution 82-R-15 A RESOLUTION APPOINTING A ~~MBER TO A VACANCY ON THE BUILDING CODE BOARD FOR THE CITY OF EICEWATER, FLORIDA; FURTHER PROVIDING FOR A TERM OF OFFICE FOR SAID APPOINTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (Mr. Austin appointed) Councilman Lodico motioned to nominate Robert Howard to fill a vacancy on the Building Code Board, seconded by Councilman Wilbur. Councilman I Ledbetter nominated Mr. Neil Asting. Mr. Asting declined the nomination. Councilman Pendleton motioned to close the nominations until the Council can find another candidate to serve on this board, seconded by Councilman Wilbur. Resolution 82-R-16 A RESOLUTION APPOINTING TWO MEMBERS TO VACANCIES ON THE BUILDING CODE BOARD OF THE CITY OF EICEWATER, FLORIDA, FURTHER PROVIDING FOR A TERM OF OFFICE FOR SAID APPOINTMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HERE~VITH AND PROVIDING AN EFFECTIVE DATE. (Mr. Robert Howard appointed - other appointment left temporarily vacant) Councilman Pendleton motioned to adopt Resolution 82-R-16, seconded by Councilman Wilbur. Motion CARRIED 5-0. Recreation Task Force - vacancy(N. Kroman; Councilman Lodico, nominated Mr. Hetu, seconded by Councilman Pendleton. Councilman Pendleton motioned to close the nomina- tions, seconded by Councilman Wilbur. Resolution 82-R-17 - A RESOLUTION APPOINTING A ~~~ffiER TO A VACANCY ON THE RECREATIONAL TASK FORCE OF THE CITY OF EDGE WATER , FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (Mr. Alfred Hetu appointed) Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Lodico. Motion CARRIED 5-0. Zoning Commission By-Laws Approval - The City Manager said, that the by-laws refer to the Zoning Board and this should'De changed to 'Zoning Commission; we are trying to standardize the by-laws of all boards and commissions. Councilman Wilbur motioned to approve the Zoning Commission By-Laws, seconded by Councilman Lodico. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. 2b Bids - Water Dept. (1) Pipe and Fittings, 6" PVC. Councilman Pendleton motioned to approve Davis Meter Bid, seconded by Councilman Lodico. Motion CARRIED 5-0. 6" NJ Gat:e Valves - Councilman Wilbur motioned to accept Davis r1eter Bid, seconded by Councilman Lodico. Motion CARRIED 5-0. 6" MJ Tees and 2" Bronze Gate Valves. Councilman Pend,leton motioned to accept Hughes Supply Bid, seconded by Councilman i-lilbu.:r.'. Motion CARRIED 5-0. 6" Valve covers - Councilman Wilbur motioned to accept Southeastern bid, seconded by Councilman Lodico. Motion CARRIED 5-0. (Bid tabulation attached to original minutes) Bids Street Department Truck - Councilman Wilbur motioned to accept bid from Jack Prosser Ford, seconded by Councilman Pendleton. Motion CARRIED 4-1. Mayor Christy voted NO. (Bid tabulation attached to original minutes) Rezoning Request - A letter from the Zoning Commission recommended that the Council approve a rezoning request from Holahan Realty, Inc., representing Mr. Griffith for certain property on Oak Ridge Ave. from present 1-1 and R-) zoning to R_4 ~~ning, and to also note the enclave of 1-1 that remains~ Councilman Pendleton motioned to authorize the attorney to draw up the necessary documents rezoning certain property from 1-1 and R-) to R-4 as requested, seconded by Councilman Lodico. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur motioned to investigate the other property enclave zoned 1-1 and find out what zoning the owner might wish and include it in the docun,e~ts if a change is desired, seconded by Councilman Lodico. Motion CARRIED 4-1. Councilman. Ledbetter voted Council Meeting 2/15/82 - 4 - NO. ~" ~ ~\ ~j"ll~"ll ~r ~;i ~< ~.' ~ t~ ~$!# t.'~J r~:~l{' fjl 1:1:1 ~~ r~,; .... i t ~l f~t..l ffr tf~ ~.~ .:':\1 .riJ ~~ '. rIA' ~:.r? \1cf ~ ~ &.~~. .J: v <.) ~rrSCELLANEOUS: Mr. Walter Gross, spoke about outside collection of water bills, and financial statements for Board members, Council, and some City employees. He was told that the financial statements are filed with the County Clerk. rrrs. Elizabeth Syer, spoke to the Council concerning a sewer backup on her property. She believes the City should assume some responsibility for repair costs. This . information 'was given 'to the City Manager for his review and recommendation. Counci~man Ledbetter asked the City Manager if ~~. Johnson had brought a similar problem to the City. The City Manager will also review this. The City Manager advised the Council that the City may need to establish a policy concerning City vs. home owner . responsibility~ Mr. Phinney spoke to the Council about the airport. He also asked Mayor Christy to ask for a referendum on the City Manager question rather than appealing the judges decision. Ja Councilman Pendleton motioned to adjourn, seconded by Councilman Wilbur. The meeting was adjourned at 9:00 P.M. Minutes submitted by: Nancy Blazi ~ ?-5- '. --\ ~ -.' ATTEST: ~~~ /A" .1/3d~ ~ C[t~ ~ APPROVED THIS ~DAY OF MARCH, 1982 " ~~. Councilman W~lt~~~,_ Council M~eting 2/15/82 -5- F- ~ ~ ~. Bw\ ~ /fij T~) ~~~: ~ rU"" "'c' r; .',; ".' r,., ;.',' '.if I"~ ,." ,-", a,' , j~l~h~~{I~jf ill;' i1 il~: [1;