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03-02-1981 - Regular . " \ \ .. .\ ~\ I \ I I . ,. \ r-.". .. I I I .. \ '-' \( V CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING March 2, 1981 CALL TO ORDER Mayor Robert H. Christy called the Regular Meeting of the City Council of the City of Edgewater to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David C. Ledbetter Councilman wilbert Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Rev. Smith of the Edgewater Alliance Church gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Lodico made a motion to accept the minutes of the Public Hearing/Regular Meeting of February 16, 1981 and Councilman Wilbur seconded the motion. The City Attorney had a correction on page 10, under "Old Business". He wanted to clarify there was no action taken with regard to the annexation of the Ranken property because we have not received a petition for annexation, therefore no action was taken, no action was moved. Councilman Lodico and Councilman Wilbur accepted this amendment. Upon roll call the motion CARRIED 5-0. Councilman Lodico made a motion to accept the minutes of the Public Hearing of February 18, 1981 and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to accept the minutes of the Special Meeting of February 19, 1981 and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to accept the minutes of the Public -4, Hearing of February 23, 1981 and Councilman Pendleton seconded the , motion. \ Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS \ \ \ \ I \ \ \ Councilman Pendleton made a motion to approve the bills for payment, '.lhich was seconded by Councilman wilbur. \ \ \D roll call the motion CARRIED 5-0. ~ ~ Bill Phinney called a Question Of Privilege concerning what rules the meetings were to be conducted under. Since the City Attorney was on the agenda later regarding public participation at Council Meetings Mr. Phinney requested the Council move this to the next order of business. The Council had no objection to the change in the order of the agenda. The City Clerk read a statement from the City Attorney regarding policy for public participation. Mayor Christy read from the Charter regarding the sequence order for the agenda. He stated he was running the meetings according to the book. Mr. Phinney made a request for a vote of the full Council to clarify the guidelines and made an Appeal to the Chair. The Council agreed the Charter set the agenda and they could see no reason to change the procedure. Mayor Christy asked Mr. Phinney to be seated. OFFICERS REPORTS, BOARDS & COMMITTEES Mayor Christy read a proclamation proclaiming Marc~ 14th as Oystic Fibrosis Breath of Life Bikeathon Day. He presented the Proclamation to the parents of Melissa Tiller, who was a resident of Edgewater until her death from Cystic Fibrosis last May at the age of seven. The City Clerk read a letter from the Board of Adjustments recommending a special exception to construct duplexes on the corner of Old County Road and Ocean Avenue, subject to approval by the Planning Board. She also read a letter from Mr. pilch requesting a special Planning Board meeting be called to obtain this approval. There was a lengthydiscussion regarding the clarification if it were necessary to have the Planning Board approval. According to Ordinance 79-0-6 which says anytime in the Code where it specifies Zoning and Planning Board it only means Zoning Board. The City Attorney said he knows of no other ordinance requiring the plans to go to the Planning Board, however it could be submitted to them for approval if desired. Mr. Macino, Chairman of the Planning Board, stated he could not say the plans were approved unless the Planning Board held a special meeting. He was concerned the Planning Board was being ignored by the Zoning Board and the Council. Councilman Ledbetter made a motion to grant the request. Councilman pendleton seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Wilbur voted NO. The City Clerk read a letter from the Board of Adjustments regarding Mr. Lupinek tendering his resignation from the Board. Councilman Ledbetter made a motion totable the request until Mr. Lupinek submits his resignation to the Council. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Board of Adjustments recommending the Council approve a 21 foot front setback variance and a one foot side setback variance to build a carport for Mr. Norton. Councilman. Pendleton made a motion to accept the Board's recommendation and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 3/2/81 -2- u ~ The City Attorney stated it would not be necessary to accept this recommendation by resolution. The City Clerk read a letter from the Board of Adjustments recornnlending a setback variance for Mr. Baker. Councilman Wilbur made a motion to accept the recommendation of the Board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Merit Board member, Ann Klecan, informing them of her resignation from the Board. Councilman Wilbur made a motion to accept Mrs. Klecan's resignation and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy requested the City Clerk send Mrs. Klecan a letter to thank her for serving ~on the Board. The City Clerk read a letter from the Merit Board requesting the Council consider Ron Scrivano as a member of the Board. Councilman Ledbetter made a motion to appoint Mr. Scrivano to the Merit Board and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning and Planning Board recommending the rezoning of the property West of the railroad and North of Park Avenue from Agricultural to Planned Industrial Devel- opment. Councilman Ledbetter made a motion to accept their recommendation and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. It was noted at this point there was a problem with the recorder and the taping of the meeting. The City Clerk read a letter from the Zoning and Planning Boards requesting the Council not combine the boards at this time. Councilman Wilbur made a motion that the Boards be combined and Councilman Ledbetter seconded the motion. There was a discussion regarding the combination of the Boards and the adoption of the Comprehensive Plan. Councilman Pendleton made a motion to amend Councilman Wilbur's motion that the Zoning and Planning Boards be combined but that it not become effective until after the Comprehensive Plan is complete and instituted. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0, on the amendment to the motion. The City Attorney stated the Council had approved on the first reading the Ordinance to combine the Boards, not to become effective until after the Comprehensive Plan is adopted, which could not be before March 16th, at which,uime the public can speak on the subject. Upon roll call a vote was taken on the original motion, which CARRIED 5-0. Mr. Macino questioned the Council why the audience was not given a chance to talk on any of the questions. Mayor Christy said the public would be allowed to discuss the subject at the public hearing-on the 16th of March. Council Meeting 3/2/81 -3- u C) Councilman Wilbur asked the Council's authorization to go through Briley, Wild and Associates for bid specifications for lift station #6. Walter Gross called a Point Of Order, questioning the fact there are seven lift stations in the original request for bids and was this only part of the seven, or is this in addition. He also questioned where the lift stations were located. He stated these were to be advertised for bids. The City Clerk clarified in checking with the Wastewater Supervisor regarding specifications, he had requested Briley, wild be allowed to give the specifications. Councilman Lodico made a motion to get Briley, wild down here to get specifications for #6 lift station for bids and Councilman Wilbur seconded the motion. There was a discussion regarding the other lift stations. Councilman pendleton made a motion to amend the motion to get specifications needed for all of the lift stations and Councilman Lodico seconded the amendment. Upon roll call of the amendment to the motion it CARRIED 5-0. A roll call was then called for the original motion, which CARRIED 5-0. The City Clerk read a letter requesting she and another office employee be allowed to attend a seminar in St. Petersburg April 26-29th for City Clerks and Finance Directors. Councilman Pendleton made a motion to grant the request to attend the seminar, which was seconded by Councilman Wilbur. There was a brief discussion regarding the attendance at this conference. Upon roll call the motion CARRIED 4-1, with Councilman Ledbetter voting NO. The City Clerk read a request to utilize the funds in the street light fees for expenses necessary for the continuous operation of the street lights. Councilman Lodico made a motion to table this matter until the March 9th workshop for discussion. Councilman Ledbetter seconded the motion. There was a discussion regarding .the use of the .funds 'and Councilman Pendleton read from an a~ditor~_rep~rt. Upon roll call the motion CARRIED 4-1. Mayor Christy Voted NO. ~he City Attorney read a letter concerning a building permit requested by Edwin Hall for the construction of a two-story home on the east side of Riverside Drive. He reminded the Council they were informed that the City could incur liability for restricting permits prior to the adoption of the Ordinance 81-0-1 on January 12, 1981. Councilman Pendleton made a motion to accept the attorney's recom- mendation to have the Building Official issue a building permit to Mr. Hall and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO. The Mayor stated he voted yes, even though he was against the motion. The Mayor called a short recess. Council Meeting 3/2/81 -4- ~ o Councilman Lodico - spoke on his concern for the duplication of work and equipment by the various departments and he would like to see these departments combined. Councilman Lodico made a motion to combine the Parks and Maintenance and Street Departments. Councilman Wilbur seconded the motion. Councilman Pendleton stated this subject was already set up for a workshop on March 9th. Councilman Lodico withdrew his motion and Councilman Wilbur withdrew the second. Councilman Ledbetter - None. Councilman Pendleton - None. Councilman Wilbur - None. City Clerk - None. City Attorney - None Mayor Christy - stated he had been asked by the Boy Scouts for a place for a permanent meeting place, even a piece of vacant ground and they would build a building. He requested Council's authorization to compile the facts and present it to the Council on March 16th. The Council had no objection. The Mayor said he had done research on getting pictures made of the Councilmen and himself to hang in the Community Center. He stated the cost would be $12 each and if anyone was interested to contact him. Mayor Christy said he wrote a letter to the Building Official on February 18, 1981 regarding illegal signs and requested a reply in forty-eight hours. He said he still had not received an answer. The City Attorney said this could be referred to the State Attorney's office or the Code Enforcement Board. The Council agreed to table this matter until the Code Enforcement Board is established. Mayor Christy requested the Council discuss the Federal Revenue Sharing funds at the March 9th workshop, which the Council agreed to. Mayor Christy also requested the Council set a workshop on March 11th at 1:00 P.M. to discuss annual audit by Brent Millikan. The Council agreed to the workshop. Mayor Christy reported on some of the problems with the water in the area, however the Council and audience felt this was not a pressing problem at this time. The Mayor reported on a letter from the Department of Environmental Regulation and requested Council authorization to meet with Briley, wild and get a price for a transfer station. Councilman Ledbetter questioned what authorization was given to build the transfer station that had been built at the City barn and the money had not been appropriated for that purpose. Mayor Christy said there had been a meeting with the DER and asked permission for a ramp to be built. It was questioned if a permit for this was not needed and wasn't this the same as the Osban transfer station. Councilman Lodico requested this matter be put on the workshop of 3/9/81. Council Meeting 3/2/81 -5- r I Q u There was further discussion regarding a debt owed by Mr. Osban of a 1% franchise charge since 1975. Councilman Pendleton made a motion to instruct the City Attorney to contact Mr. Osban to make payment within 30 days or bring action. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. COI'1MUN I CAT IONS The City Clerk read a letter from Robert Witzig requesting permission to address the Council regarding the complaint affidavit filed against him on January 12, 1981. He stated he had contacted the State Attorney's office regarding what constituted a disturbance at a public meeting. He was advised that being escorted from a meeting was not a violation of Statute 871.01. He also informed the Council that 4 to 6 affidavits were filed each year from the City of Edgewater and none were filed by other cities in the area. He said he hoped in the future more courtesy would be extended to the public. The City Clerk read a Home Occupational License request from Neil Campbell which was tabled from the previous meeting. Mr. Campbell was not present at the meeting and he was not present at the previous meeting. Councilman Pendleton made a motion to deny the license request, and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy requested his mail be given to him the same day it is received, rather than waiting until receiving it in the agenda package. Councilman Ledbetter asked why the Councilmen's mail is opened when it is received at City Hall. The City Clerk stated it is a standar.d office procedure since all incoming mail is a matter of public record when it is received. The City Clerk read a letter from Attorney Paul Hagglund regarding utility services to new clients and requested the repeal of Ordinance 80-0-43. There was a brief discussion regarding the fact there is no free utility service to anyone. Councilman Pendleton made a motion to table this request until the next council meeting for further study. Councilman Wilbur seconded the motion. There was further discussion regarding Ordinance 400. Mayor Christy .excused himself from the meeting and Vice Hayor Lodico took the Chair. Mayor Christy returned to the meeting for the vote. Upon roll call the motion DID NOT CARRY 5-0. Mayor Christy returned to the Chair. Councilman Ledbetter made a motion to deny the request to repeal Ordinance 80-0-43 and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 3/2/81 -6- u ~ The City Clerk read a letter from Ted Buell requesting to speak to the Council regarding a problem at the shuffleboard courts. Mr. Buell submitted a summary of expenses of the Club in the past and reminded the Council of their request for $750 to match their $750 for repair of courts #6 and #7. There was a discussion regarding obtaining other bids for the work in question and it was stated there are only very few sources for this repair work. Councilman Pendleton made a motion to table this request until the Council had a chance to check the budget and place it on the agenda on March 16th. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution 81-R-26. A RESOLUTION ~lliNDING RESOLUTION 81-R-3 OF THE CITY OF EDGEWATER, FLORIDA TO REQUIRE ALL ITEMS FOR THE REGULAR CITY COUNCIL AGENDA TO BE SUBMITTED TO THE CITY CLERK PRIOR TO NOON ON THE THURSDAY I~~DIATELY PRECEDING SAID COUNCIL MEETINGS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the Resolution as read and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-27. A RESOLUTION DESIGNATING TERRY A. WADSWORTH AS SUPERVISOR OF THE UTILITIES DEPARTMENT OF THE CITY OF EDGEWATER; FURTHER ESTABLISHING AN ANNUAL SALARY FOR SAID POSITION; ESTABLISHING THE POSITIONS OF FOREMAN AND CLASS B OPERATOR WITHIN SAID UTILITIES DEPARTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution as read and Councilman Lodico seconded the motion. There was a question by Councilman Ledbetter regarding the 8% cost of living increase noted in Section 2, which should have reflected a pay increase and merit increase. Councilman Ledbetter made a motion to amend Section 2 from 8% to 5% pay increase and 3% merit increase. Councilman Pendleton seconded the motion. Upon roll call the motion to amend CARRIED 5-0. Upon roll call the original motion to adopt the Resolution CARRIED 5-0. The City Attorney read Resolution 81-R-28. A RESOLUTION ABOLISHING THE BOARD OF GOVERNORS OF THE CITY OF EDGEWATER, FLORIDA; RESCINDING THE BY-LAWS OF THE BOARD OF GOVERNORS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; SPECIFICALLY REPEALING RESOLUTION 718 OF THE CITY COUNCIL; PROVIDING AN EFFECTIVE DATE. The City Attorney stated there might be some problems with this since it was brought to his attention there was an existing ordinance passed in 1971 which created the Board, therefore he recommended the Council authorize the City Attorney prepare an ordinance. Council Meeting 3/2/81 -7- '-> Q Mr. Robert Wolfe, Chairman of the Board, stated this Board was only an advisory board and actually had no powers. He requested the Council to approach the members by memo and state any problems they might have with the board. He also requested an apology to the members for the misunderstanding. There was a lengthrdiscussion regarding the motion from the previous meeting to rescind Resolution 718, which in essence abolished the Board. Also discussed were the powers delegated to the Board by their by-laws and the fact there was a conflict in the by-laws. Councilman Pendleton made a motion to make a study of the by-laws of the Board of Governors and make any recommendations for necessary revisions and report back to the Council at the April 6th meeting. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-29. A RESOLUTION AUTHORIZING AN INCREASE IN THE WATER CONNECTION FEES FROM $225 to $250; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the Resolution and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. There was a brief discussion regarding Resolution 81-R-30 concerning Sections 1 and 2 and the amount of salaries to be specified in the resolution. Councilman Ledbetter made a motion to allow the City Clerk to fill in the amount of salaries in Sections 1 and 2 of five percent and three percent retroactive to October 1, 1980, after the adoption of the Resolution. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-30. A RESOLUTION GRANTING ANNUAL COST OF LIVING INCREASES IN SALARY TO EARL BAUGH AS POLICE CHIEF OF THE CITY OF EDGEWATER, FL~RIDA, AND EARL COPELAND AS SUPERINTENDENT OF THE STREET DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy excused himself and Vice Mayor Lodico took over the Chair. Upon roll call the motion CARRIED 5-0. for the roll call.) (Mayor Christy had returned Mayor Christy:returned to the Chair. The City Attorney read Resolution 81-R-31. A RESOLUTION APPOINTING RON SCRIVANO TO MEMBERSHIP ON THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE, REPEALING RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the resolution as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 3/2/81 -8- (.) tJ ORDINANCES The City Attorney read Ordinance 81-0-7 for the first reading. AN ORDINANCE GRANTING A CHANGE IN ZONING ON A CERTAIN TRACT-OF REAL PROPERTY OF APPROXIMATELY 350 ACRES IN THE NORTHWEST QUADRANT OF THE CITY OF EDGEWATER FROM ITS PRESENT ZONING CLASSIFICATIONS OF I-3 AND AGRICULTURAL TO THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the ordinance as read and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS Dan Cory - City Map The City Clerk read a letter concerning Dan Cory and the City map he is presently working on. It stated the map is currently 92% complete with a projected completion date of mid April. With no objection from the Council the City Clerk was requested to contact Mr. Cory to submit copies of whatever is complete to the Council. 16th Street Truck Route Chief Earl Baugh reported that he had not heard from Florida Power and Light as of this date concerning the truck route on 16th Street. Mr. Prater spoke on the problems the trucks are causing in this area and requested Council help in re-routing these trucks. Councilman Wilbur made a motion to find an alternate route for the trucks. Chief Baugh stated that additional Police would be needed, as well as additional signs. The motion DIED for lack of a second. There was further discussion and it was suggested the entire Council visit the site so they would be more familiar with the problem. The Council set a workshop for Wednesday, March 4th at 1:00 P.M. to review the area and discuss the truck route. Interested citizens of the area were invited to accompany the Council. Flea Markets The Council discussed the fees to be charged for the flea markets and the City Attorney stated he had not been authorized to draft an ordinance to create a special exception allowing these flea markets, consequently no action could be taken in regards to fees. Councilman Wilbur made a motion to authorize the City Attorney prepare an ordinance to impose an occupational license tax on owners or lessors of flea markets for an amount of blank number of dollars and create a special exception in the B-3 zoning district. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 3/2/81 -9- . . . o <) NEW BUSINESS Councilman Wilbur questioned the City Clerk if anything had been done on obtaining uniforms for the outside City employees. The City Clerk stated she had been getting quotes from the various sources to be presented to the Council. HISCELLANEOUS Frank Opal questioned the Council regarding the two letters of resignation which did not appear on the agenda instead of handling this matter at a special meeting. Mayor Christy said the matter was handled at the special meeting therefore it was not necessary for them to appear on the agenda at this meeting. Bill Phinney reiterated his position on some guidelines for public participation at the meetings and suggested the Council listen to what the public had to say to them. He requested the Council vote on some guidelines and not allow the Mayor to impose the procedures. He also suggested meetings once a week instead of twice a month to e 1 im in ate such long :meetings. Councilman Lodico said even when the meetings were once a week there were many times they lasted as long as the ones presently held. Councilman Ledbetter said he did not believe in the gag rule and he wanted to hear what the public had to say, however he did object to people rambling instead of getting to the point of the subject. ADJOURN Patsy L. McCann ~ Councilman Lodico made a motion to adjourn the Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: ,~ - 1fi., 0/fu.-nCilma /.--?r/ '"'2(~ C 5 - ~ <" ;;~ 'eOuncilman ~ ATTEST: IJ ~ P- ~A~__ tJ ~L ,. ~ Cl ty Cletk '+1 'APPROVED THIS Q13 DAY OF Council Meeting 3/2/81 -10-