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05-16-1983 - Regular ... o Q CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 16,1983 MINUTES Mayor David Ledbetter called the regular meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present City Attorney Josel Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. PUBLIC HEARING AND SECOND READING - Ordinance #83-0-11 Change in Voting Order - The City Attorney read this Ordinance. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-24 (b), OF THE EDGEWATER CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ELIMINATING THE REQUIREMENT IN THE VOTING ORDER THAT THE MAYORIS VOTE BE COUNTED LAST; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Mayor Ledbetter closed the Public Hearing. Councilwoman Bennington moved to accept Ordinance #83-0-11. Councilman Asting seconded the motion. Motion CARRIED 4-0. City Clerk Nancy Blazi stated that at the next meeting they will start a new rotating system,on voting. APPROVAL OF MINUTES Councilman Asting moved to adopt the minutes of the Special Meeting of April 26, 1983. Councilwoman Bennington seconded the motion. Councilman Spencer noted for the record that he was absent from that meeting. Motion CARRIED 3-1. Councilman Spencer voted NO. Councilman Asting moved to adopt the minutes of the Regular Meeting of May 2, 1983. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved to adopt the minutes of the Special Meeting of May 5, 1983. Councilman Asting seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Spencer moved to adopt the bills and accounts including the supple- mentary bill from the Water Plant. Councilwoman Bennington seconded the motion. Councilwoman Bennington said that we hadnlt received the itemized bills from Briley, Wild as requested. City Clerk Nancy Blazi stated she had been assured by Briley, Wild that it would be here but it hasn't been received yet and shelll contact them again. Councilwoman Bennington suggested all the ~ills be paid except for Briley, Wild, with the exception of the road paving, until they comply with our request. City Clerk Nancy Blazi suggested they approve these bills and send a letter to Briley, Wild that future bills will not be honored until we get the backup we requested. There was a dis- cussion on the dates on these bills as some were in March. Moti'on.DID NOT CARRY. Councilwoman Bennington, Councilman Asting and Mayor Ledbetter voted NO. Councilwoman Bennington moved to pay all the bills except for Briley, Wild until we get the information. Councilman Asting seconded the motion. Oouncilman Spencer questioned if there is a legal right to withhold payment and said he felt Mrs. Blazi IS suggestion is appropriate to inform them in advance that weill be withholding payment on future bills until we get the breakdown we1ve requested. Motion CA~RIED 3-1. Councilman Spencer voted NO. (J (,,) MISCELLANEOUS Ms. Ann Thomas, 1721 Royal Palm Drive, presented to Council a petition in support of Dennis Norman and requested that he be hired as a recreation director. She also submitted a letter from the Edgewater Public School P.T.A. in support of Mr. Norman. Councilman Asting moved that Council accept the petition. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer proposed that the City Council hi~e Dennis Norman as a part-time Recreation Director. Councilman Asting seconded the motion. A member of the audience called a point of order. Attorney Alvarez stated this is under IIMiscellaneousll and a motion could be entertained later on the agenda. Councilman Asting felt it could be acted on now since the petition was accepted. Attorney Alvarez said he was concerned with the requirement that due notice be given and this wasn't an item on the agenda. Councilman Spencer asked the Attorney if it's appropriate to consider it under IIUnfinished Businessll since it has been discussed in several previous meetings. Attorney Alvarez commented on proper and sufficient notice to the public of the items to be considered. Councilman Spencer stated that due to the Attorney's advice, he is requesting that this be put on the next Council agenda~ and he is assuming it would be a special meeting. Councilman Spencer withdrew his motion in view of the City Attorney's remarks. Councilman Asting withdrew his second. Mr. Jim Cameron, Riverside Drive, spoke in favor of Dennis Norman as recreation director, and said he's doing a very good job for the children in the community. Mr. Ben Vazquez, resident of New Smyrna Beach and prope~ty owner in Edgewater, spoke on Chapter 286. and requested that Council accept a statement and it be recorded in the minutes of May 2, 1983 since he didn't have sufficient time to read it. Mr. Jake Lodico, 302 North Riverside Drive, spoke on the remarks made that he owed a bill to the City and they were going to make an example of him. He said he has a medical card that states it's good until January 30, 1983. He said the deletion letter was typed December 8th and sent to the insurance company asking it be deleted as of December 1st. He felt he should have been notified as of the last day he was insured. He said if Council felt he is responsible for it, helll pay for it. Mayor Ledbetter said in fairness to the taxpayers, he thought Mr. Lodico should pay the $53.00~ and he realized that before when he was on Council and was off, the insurance was extended 30 days but that was before the prescription card. He had talked with Mr.s. Blazi and at the end of a term a member will be notified that the insurance is no longer in effect. Mr. Walter Gross, 909 Lake Avenue, said now the subject of the City Manager is removed from the Charter, he felt the people elected to this Council were not elected to have a City Manager as a supervisor and asked Council people to act as Council people and assume certain responsibilities. Councilman Asting asked the City Attorney if we need an ordinance to delete that section from the Charter. Attorney Alvarez said the resolution was for- warded to Tallahassee and it will be automatically deleted. Mr. Frank Opal, Florida Shores, spoke on the voter turnout at the recent election and referred to the advertisements paid for by Jack Spencer. He asked the City Clerk if this is compliance with Florida Statutes. Mayor Ledbetter intervened and said the post cards were between him and someone else. Mr. Opal again asked if Mr. Spencer was in compliance. City Clerk Nancy Blazi said Mr. Spencer filed his expenditure report with her office and he is in compliance. Ms. Polly Foster, 1901 Travelers Palm, said it seemed that Dennis Norman has been doing the job as recreation director and she understood that someone had paid him some money. Mayor Ledbetter said he understood that Mr. Norman has received no money and he doesn1t think Council is aware that he's received money. He said helll check this early the next morning. -2- Regular Council Meeting Minutes May 16, 1983 o ~ Mr. Dana Armstrong, former Mayor, said some people are motion-happy and violating a law is misfeasance and malfeasance. He spoke on the direction by a Council member for the City Clerk to go out and solicit land. Mayor Ledbetter suggested that Ms. Virginia Roche be moved up from item l.A. to this point. Council members agreed. Virginia Roche re: League of Women Voters - Ms. Roche spoke on the Voters Guide. She said the League is a non-profit organization and tries to promote concern for government involvement. Ms. Roche distributed copies of the Guide. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Councilwoman Gigi Bennington - Councilwoman Bennington had talked to Chief Baugh about the truck signs on the newly paved streets and he has signs avail- able. She had received complaints that the roads are being torn up. She said the Chief had brought to her attention that 26th Street has stop signs going east and west and he wanted to remove these. Chief Baugh spoke to Council and said that 26th Street is a through street running east and west and held like to change it to north and south. He said held like to see stop signs at Guava and Hibiscus due to the railroad track. Councilwoman Bennington moved to put no truck signs up and give the Chief permission to change 26th Street. Councilman Spencer seconded the motion.. Motion CARRIED 4-0 Councilwoman Bennington felt Council should consider a change to the ordin- ance for the Board of Adjustments. Mayor Ledbetter felt this should be turned over to the City Attorney for his recommendation. Councilman Asting said held like to have a speci~l meeting called to decide the matter of the recreation director. Mayor Ledbetter said he was going to ask for a workshop to discuss the recreation program and the function of that department and asked Council's permission to have the City Clerk furnish material that will be needed at that particular meeting. Councilman Asting said he's talking just about the appointment of a recreational director to see that the recreation program continues~ and he wants a special meeting so a decision can be made. It was agreed that there would be a workshop first and a special meeting afterwards on Wednesday, May 18th~ in the morning. City Clerk Nancy Blazi asked about a meeting on Pelican Cove West which sheld suggested for 1 :00 on Thursday, May 19th. Council discussed this and agreed it would be 3:00 P.M. on Thursday, May 19th~ with the engineers, department head, City Attorney, and Mr. Carder. City Attorney Reports - City Attorney Alvarez said Council had received a copy of the letter from Monticello which states they'll defend the Chief and the Police Department and not the City~ and that the Building Official, Mr. Murphy, is not entitled to legal defense by the insurance company. City Clerk Nancy Blazi stated that Council is insured by a different company. City Attorney Alvarez said that unless otherwise directed, he will proceed with the lawsuit to have the insurance amount reimbursed to the City for the use of the prescription card by Mr. Lodico. Mr. Lodico said he feels there was a mistake made in City Hall and he doesnlt think he should pay for it. City Attorney Alvarez said if no payment is received by the close of business on Friday, helll proceed to file. City Clerk Reports - City Clerk Nancy Blazi stated she had something not listed on the agenda but it couldnlt be put on until we had cleared this with Katherine Odham's office. It was a resolution to declare the candidates for election for Council seat from Zone 1. The City Attorney read Resolution No. 83-R-45. A RESOLUTION DECLARING THE CANDIDATES FOR ELECTION FOR COUNCIL SEAT ZONE 1 IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH ANDPROV1DING AN EFFECTIVE DATE. The names of qualified candidates are: PaulO. Biggerstaff, Jacob Lodico, William F. Mull!er, and Melbourne F. Wargo. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Clerk Nancy Blazi spoke on the House Bill presently pending that would make municipal elections uniform. It would be handled with the County rather than the City. -3- Regular Council Meeting Minutes May 16, 1983 ~ w ~ City Clerk Reports (contld) City Clerk Nancy B1azi suggested Council consider a resolution in oppositon to this Bill to send to the legislation. Councilman Asting moved that the City Attorney prepare a resolution in opposition to this House Bill, and send it to the State legislature. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Clerk Nancy B1azi said theylre holding a special seminar in Orlando on elections and she requested Council permission to attend with the Deputy City Clerk so they can be brought up to date. The date of the seminar is June 2nd. Councilman Asting moved to send the City Clerk and the Deputy to Orlando for this seminar. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Edgewater Volunteer Fire Department - Fire Chief John Reilly had requested Council approval of a purchase order in excess of $1,000.00. Mayor Ledbetter read the items on the purhcase order request. Councilman Spencer moved to approve the Fire Depart- mentis request. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Edgewater Volunteer Fire Department - Assistant Chief Jessie Walls had requested Counci11s permission to install a mobile home behind Fire Station No.2 on Mango Tree Drive to be used for training purposes. Councilman Asting asked the source of the mobile home. Mr. Walls was in the audience and he said the trailer would be donated. Councilman Asting moved that this request be approved. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Planning Commission - Zero Lot Line Recommendation - Mayor Ledbetter recommended that this be sent back to the Planning Commission as the current duplexes theylre building require a zero lot line. Councilwoman Bennington moved to send this back to the Planning Commission for clarification and the reason for wanting to eliminate the zero lot lines. Councilman Spencer seconded the motion. Mr. Dan Nolan, 2316 Royal Palm Drive, read to Council a description of what a zero lot line is and had information that he will give to the Planning and Zoning Commissions and Council for their review. Motion CARRIED 4-0. COMMUNICATIONS Mr. Robert Christy, 1916 Evergreen Drive, spoke on Wildwood and had compiled a large file which held distributed to the City Attorney and City Clerk also. He felt there was money spent illegally by the City and referred to records starting in 1977. Council- woman Bennington noted that therels a resolution stating that Council is to be given some background information so they'll have time to review it. City Clerk Nancy B1azi stated that afternoon she received backup information that Mr. Christy is referring to, and if Council desired, she would put it on the next agenda. Mr. Christy asked Council IS permission to be placed under Communications at the next meeting rather than under Unfinished Business so that it wou1dnlt be so late in the meeting. Council members agreed to this request. City Clerk Nancy B1azi suggested that Council members come in to the office to look at the file to save the extensive copying that would be required if each member received a package of the material. Councilman Asting asked the City Attorney if held have a report for Council by the next meeting. Attorney Alvarez reviewed the question of recouping the costs, and said if hels to review the entire package it could not be ready by the next meeting. Councilwoman Bennington moved that the City Attorney check this and report back what the time frame is and the cost to do an investigation. Councilman Asting seconded the motion. Motion CARRIED 4-0. William Muller, Southeast Volusia Amateur Radio Club - City Clerk Nancy Blazi read the letter from Mr. Muller requesting that the Club be permitted to meet free of charge at the Shuffleboard Club House. Councilman Asting asked if this is a unit of the Civil Defense organization and Mayor Ledbetter replied they work along with Civil Defense during disasters. Mr. Jim Mackie spoke to Council and said when a disaster occurs the ham operators take over. He said it isnlt a dues paying club and they pass the hat for donations to pay the rent. He reviewed the procedures taken during a disaster. Councilman Asting moved to grant the request to meet without charge. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. -4- Regular Council Meeting Minutes May 16, 1983 Q o COMMUNICATIONS (cont'd) Vol usia County Community Action Agency re: School Bus Storage - City Clerk Nancy Blazi stated there was a request to store a school bus at the City garage. She had talked with the Executive Director of the Community Action Agency who advised her they wouldn't be bringing the bus until 4 or 4:30 PM each day. The Barn is closed at 3:30 PM daily so she suggested they try to find another location since our facility is locked earlier. The Director had agreed with her and was going to check other locations in the area. Mayor Ledbetter called a five-minute recess. Meeting returned to order. ORDINANCES AND RESOLUTIONS 83-R-43 Opposition to Gas Tax - The City Attorney read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING ITS OPPOSITION TO THE IMPOSITION OF ANY TAX ON MOTOR FUELS BY THE COUNTY OF VOLUSIA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilwoman Bennington seconded the motion. Councilman Spencer discussed portions of the Resolution and said this would be a revenue for the City for road improvements, which are badly needed. He felt some of the parts of the Resolution should be modified for reasonable reasons for the oppposition. Councilman Asting noted that we're now paying l~ a gallon passed by the people, and the money they're proposing of 4~ a gallon would only bring 2~ to the City. There was a discussion regarding the amount of revenue for the City. Mayor Ledbetter said he opposed this additional tax since the State just had the increase. Motion CARRIED 3-1. Councilman Spencer voted NO. 83-R-44 Appointment of R. Bazin to Merit Board - The City Attorney read this Resolution. A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY FOR AN UNEXPIRED TERM ON THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES; PROVIDING FOR THE TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Resolution appointed Roland Bazin, Jr. as a member of the Merit Board for an unexpired term to end June 7, 1985. Councilman Spencer moved that Council adopt Resolution #83-R-44. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Citizen Code Enforcement Board Vacancies - Councilman Asting nominated Mrs. Mercedes Hoffman to become a regular member of the Code Enforcement Board in Mr. Hamel IS vacancy. Councilman Spencer noted that covered two items in the nomination. Councilwoman Bennington said the ordinance states whenever possible we have a realtor, architect, engineer, and contractor, subcontractor and businessman. She asked if Mr. Hamel was one of these. Councilman Asting replied that it's if they're available for appointment. Councilwoman Bennington felt it wasn't advertised enough. City Clerk Nancy Blazi reviewed the pro- fessions of those on the Board currently. Mayor David Ledbetter passed the gavel to Acting- Mayor Bennington and_seconded the nomi~~ionCouncilman Asting nominated Jim Richardson. Councilman Spencer nominated Phil Williams to serve on the Board. Councilwoman Bennington passed the gavel back to Mayor Ledbetter and then seconded the nomination of Phil Williams. Mayor Ledbetter passed the gavel to Acting-Mayor Bennington and seconded the nomination of Jim Richardson. Councilwoman Bennington moved to close the nominations. Councilman Asting seconded the motion. City Clerk Nancy Blazi noted there are two regular positions to fill and three people nominated. Roll Call on Mrs. Hoffman as a regular member of the Board DID NOT CARRY. Councilwoman Bennington and Councilman Spencer voted NO. Roll Call on Mr. Williams as a regular member of the Board DID NOT CARRY. Councilman Asting and Mayor Ledbetter voted NO. Roll Call on nomination of Mr. Jim Richardson as a regular member of the Board DID NOT CARRY. Councilwoman Bennington and Councilman Spencer voted NO. Councilwoman Bennington moved to suspend the nominations and wait for a full Council to make the decisions. Councilman Spencer seconded the motion. Councilman Asting noted this would leave them with a 4-member Board and it could deadlock them in deciding a case. Mayor Ledbetter suggested moving Mrs. Hoffman up from alternate to regular member which would give them a 5-member Board. Councilman Spencer noted they had voted on Mrs.Hoffman and it did not carry. City Clerk Nancy Blazi stated the Board meets the fourth Thursday of each month so it would be only the month of May concerned as election would be over by the June meeting. Motion to hold for full Council DID NOT CARRY 2-2. Councilman Asting and Mayor Ledbetter voted NO. Councilwoman Bennington moved to disband the Board as it's a political football. Mayor Ledbetter said the former City Attorney had declared the Board illegal a few months ago and asked the City Attorney if this is so. City Attorney Alvarez read from the 1982 amendment of the State Statutes which said the local government may appoint a seven-member board, and he said there is no provision for an alternate, and in case of a vacancy, City Council shall fill that vacancy promptly. He said it must comply with requirements set forth in the Statutes as to membership, etc. Motion DIED for lack of second. -5- Regular Council Meeting Minutes May 16, 1983 I \ o o UNFINISHED BUSINESS (cont'd) Parks and Recreation Board Vacancy - Councilman Spencer moved that Kirk Jones be re-appointed. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Clerk Nancy Blazi asked if the Citizen Code Enforcement Board vacancies are to be brought back at the next meeting. Mayor Ledbetter felt it should wait until after election and Councilman Spencer noted that motion did not pass. Council members discussed whether an appointment could be made by these four members or if it would deadlock. Industrial Zoned Land - Councilman Spencer stated held made a motion at the last meeting regarding the moratorium and wanted to present a substitute motion that it will be the policy of the Council not to re-zone the limited industrially zoned land until more industrial land is acquired or other signifi~ant changes occur. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Acting City Administrator - Councilman Asting moved that Nancy Blazi be appointed indef- inetly as Acting City Administrator and City Clerk; Motion DIED for lack of second. Councilman Asting made a motion to adjourn. There was no second, motion DIED. City Clerk Nancy Blazi said the Resolution had expired and she suggested,if Council wishes, that she continue what she1s been doing until a more permanent arrangement is made, other- wise they technically have no one in that position. Mayor Ledbetter stated that last Tuesday the people voted and he'll abide by the Charter, but he feels the City Administrator is just another word for City Manager. Councilman Asting commented on the professional qualifications of Mrs. Blazi as she's been doing the job. Councilman Spencer moved that since Mrs. Blazi's term has expired already, her present status as Acting City Administrator be continued until August 1st, or until Council takes other action. Motion DIED for lack of second. Councilwoman Bennington said the Council must make some kind of decision as to what form of government they want. Councilman Asting said the voters want it to be status quo. A member of the audience suggested Mayor Ledbetter be appointed as Administrator and Mayor Ledbetter said he's going by the Charter and there's no place in the Charter that says they will have an Administrator. Councilwoman Bennington moved that they appoint the Mayor. Mayor Ledbetter declined. There was no second, motion DIED. Councilman Spencer stated he didn't think there was adequate time for a second on his motion to appoint Mrs. Blazi until August 1st. Mayor Ledbetter asked for a second. Motion DIED for lack of a'second. Councilman Spencer moved to adjourn. Councilman Asting seconded the motion. Meeting was adjourned at 9:50 P.M. Lura Sue Koser 2k>~_ \J Minutes submitted by: COUNCILMAN - ZONE ONE ATTEST: ?~/ 7/..w I ~ - ~~~~ -e1 CLERK ~ Approv d this ~ day of , 1983. A? / ~ -6- Regular Council Meeting Minutes May 16, 1 983