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02-02-1981 - Public Hearing/Public Hearing/Regular , ~ ~ u ,. CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING February 2, 1981 CALL TO ORDER Mayor Robert H. Christy called the Public Hearing of the City Council of the City of Edgewater to order at 6:30 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David C. Ledbetter Councilman Wilbert C. Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Excused Present Present Present The purpose of the Public Hearing was to discuss the proposed use of Federal Revenue Sharing Funds anticipated for the fiscal year 1980-1981. Ms. Elizabeth Taylor questioned the Council regarding certain property for the possibility of installing a boat ramp. There was a brief discussion and it was established the property in question was owned by a private party and not the City. Mayor Christy stated the matter of additional boat ramps would be brought up at an upcoming meeting with the State in Tallahassee. There was no further comments from the audience or Council. ADJOURN Councilman Pendleton made a motion to adjourn the meeting and Councilman Ledbetter seconded the motion. The meeting was adjourned. CITY COUNCIL PUBLIC HEARING February 2, 1981 CALL TO ORDER Mayor Robert H. Christy called the Public Hearing of the City Council of the City of Edgewater to order at 6:45 P.M. in the Commun"ity Center. --, ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David C. Ledbetter Councilman Wilbert C. Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Excused Present Present Present The purpose of the Public Hearing was to discuss the combination of the Zoning and Planning Boards of the City of Edgewater. .' ~ <J l' Mr. Macino, Chairman of the Planning Board, stated this Board needed people who are knowledgeable, therefore recommended the Council select four members from the present Planning Board, four members from the present Zoning Board and one additional citizen to form the nine proposed members. There was no further comments from the audience or Council. ADJOURN Councilman Ledbetter made a motion to adjourn the meeting and Councilman Pendleton seconded the motion. The meeting was adjourned. CITY COUNCIL REGULAR MEETING February 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 C. Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. B1azi Police Chief Earl Baugh Present Present Present Present Excused Present Present Present INVOCATION Rev. Canova of the First Baptist Church gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Lodico made a motion to approve the minutes of the Special Meeting of January 15, 1981 and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO because he was excused from the meeting. Councilman Ledbetter made a motion to approve the minutes of the Regular Meeting of January 19, 1981 and Councilman Lodico seconded the motion. Councilman Pendleton requested the word lIoutsidell be added to the twelfth paragraph, first word, second line, to describe City employees. Councilman Ledbetter accepted the amendment to the motion and Councilman Lodico accepted the amendment to the second. Upon roll call the motion CARRIED 4-0. Councilman Pendleton made a motion to approve the minutes of the Special Meeting of January 27, 1981 (2:15 P.M.) and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 2/2/81 -2- Q ~ Councilman Ledbetter made a motion to approve the minutes of the Special Meeting of January 27, 1981 (3:15 P.M.) and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Ledbetter made a motion to approve the bills and accounts for payment and Councilman Pendleton seconded the motion. Mayor Christy questioned the amount of the bill from the City Attorney Pro Tem, Charley Hardee. There was a brief discussion concerning the amount of bill and it should have been paid by the City or by the City Attorney at that time. It was established the City should have that responsibility. Upon roll call the motion CARRIED 4-0. OFFICERS REPORTS, BOARDS & COMMITTEES The City Clerk read a letter from the Board of Governors requesting approval of various projects. Mr. Robert Wolfe, Chairman of the Board of Governors, reviewed their advisory capacity to the City and discussed the position of the Parks and Maintenance Department for utilizing employee labor for maintenance to save the City money. Councilman Lodico questioned the Parks and Maintenance Department's budget and whether or not this Department was actually saving the City money. There was a discussion concerning the Parks and Maintenance Deoartment; the supervisors of this and other departments; the possibility of bein9 overstaffed; and the present recreation program of the City. Mr. Wolfe requested the Council supply him with a map of the Highland Shores proposed recreation area and a need for establishing an Edgewater Athletic Association. After another brief discussion the Council set a workshop at 2:00 P.M. on Thursday, February 5th, to discuss a charter for the establishment of an athletic association, the Board of Governors and the Parks Department. The City Clerk read a letter from Lois Kane regarding her resignation from the Board of Adjustments. Councilman Lodico made a motion to regretfully accept this resignation and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy requested the City Clerk write a letter to Ms. Kane in appreciation of her service in the past to the City. The City Clerk read a letter from the Board of Adjustments regarding the posting of property for site plans, variances and appeal cases. There was a discussion concerning the responsibility of posting property in the past, and the procedures involved. The City Attorney stated the Council has the repsonsibility of designating the official for posting property. Councilman Pendleton made a motion to designate the property owner involved to post a regulation sign for site plans, variances and appeal cases and have the City Attorney prepare an ordinance to this effect. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 2/2/81 -3- u Q The City Clerk read a request from the Board of Adjustments recommending approval of a variance request for Mr. Petersen. Councilman Lodico made a motion to accept the Board's recommendation for approval of the variance and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. With no objection from the Council, the City Attorney read Resolution 8l-R-20 which he had prepared. A RESOLUTION GRANTING A SET BACK VARIANCE TO HARVEY PETERSEN FOR CERTAIN REAL PROPERTY LOCATED IN EDGEWATER, VOLUSIA COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the Resolution as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the Planning Board requesting reinstatement of Dan Nolan to the Board. Councilman Ledbetter made a motion to table this request until action concerning the combination of the Zoning and Planning Board had been taken. Councilman Lodico seconded the motion. The City Attorney stated the Council had instructed him to prepare an ordinance regarding the combination of the two boards and it would be brought up under new business later in the meeting. Mr. Macino stated there would be a meeting with the ICC on the 9th of February and knowledgeable members are presently needed. Councilman Ledbetter withdrew his motion and Councilman Lodico withdrew his second. Councilman Lodico made a motion to accept the recommendation of the Planning Board and reinstate Mr. Nolan for a period of one year. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. With the consent of the Council the City Attorney read Resolution 8l-R-2l. A RESOLUTION APPOINTING DAN NOLAN TO MEMBERSHIP ON THE PLANNING BOARD FOR A TERM OF OFFICE, REPEALING RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion the adopt the Resolution as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. Police Chief Baugh addressed the Council requesing approval concerning the termination of one of the employees in his Department. The City Att~rney clarified the position of the Council in this matter. Councilman Ledbetter made a motion to accept the recommendation of the Police Chief to terminate the employee and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney reviewed several matters that were held over from the previous Council and City Attorney. Concerning the discrepancies between the Southern Standard Building Code and the Edgewater Code of Ordinances, the City Attorney requested this be referred back to the present Building Code Board. The Council had no objection. Council Meeting 2/2/81 -4- 1 u u For further pending matters the Council requested the City Attorney to prepare documents in advance for them to review. so they could be presented at the next Council meeting. The City Attorney concurred this would be done. The City Attorney discussed the Sunshine Law and the alleged violations in the past Council meetings. He stated the State Attorney established there had been no violations concerning the Sunshine Law, in particular concerning the dismissing of the past City Attorney and appointing him as City Attorney. Further he assured the Council and audience he would go to extremes to see there was no future violations of this law. Mayor Christy called a short recess of the meeting. Councilman Lodico reported on the shuffleboard courts and the research he had done concerning membership of the Shuffleboard Club. Mr. Buel~; President of the Shuffleboard Club, spoke concerning the history of the Club, present membership and responsibility for the maintenance of the courts. It was established that the City did own the property, however the building was built by the members of the Club. He stated anyone was welcome to play on the courts without being a member~ however if they requested membership they must play no less than three times before being admitted to the Club. It was stated the repair request submitted by the Club was badly needed and they would pay half if the City would pay half. Due to an illness of one of the members of the audience anoth~r short recess was called. The request from the Shuffleboard Club for the repair funds would be considered at the February 5th workshop regarding anticipated Federal Revenue Sharing funds. There was a brief discussion by Councilman Lodico concerning the lights at the courts being left on at night and questioned a possible timer being installed. Councilman Lodico also reported on shell being purchased from Ward Towers at a reasonable rate. Councilman Ledbetter requested the Council IS authorization to go out for bids to sell the obsolete "dog catcher's wagon". The Council consented to have the City Clerk ask for bids for the sale of this wagon. Dave Severance, Fire Chief, submitted a sketch for a concrete apron for the new firehouse and requested the Council consider a request for $15,000 from the new Federal Revenue Sharing funds ($10,000 for the building and $5,000 to be applied to a new truck), at their workshop on February 5th. Councilman Ledbetter questioned Police Chief Baugh concerning a recent rescue unit being stuck and getting the next wrecker on rotation. Police Chief Baugh said since the City would be responsible for payment it was proper to be on the rotation list. Councilman Pendleton made a motion to include the City Attorney under the hospitalization benefits of the City. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Nancy Blazi presented a request to attend a budget seminar, along with the Police Chief, in Orlando on February 25th and 26th. Councilman Ledbetter made a motion to approve the City Clerk and Police Chief to attend the seminar and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 2/2/81 -5- Q Q Mayor Christy reviewed an article concerning low income energy assistance available to certain residents of Edgewater and stated a representative would be at City Hall on February 5th and 6th to answer questions for those who qualify! Mayor Christy presented a law effective October 1, 1979 concerning energy efficient building codes and recommended the City Attorney prepare an ordinance to see that the City is in compliance with the law. The Council had no objection to his request and Mayor Christy would like this matter be on the agenda for February 16, 1981. The Mayor stated he had received a reply from the Census Bureau stating their figures were correct and only increases the population count by a small number. Mayor Christy requested the question concerning the IIRankin Annexation" be brought back before the Council and placed on the February 16th agenda. Councilman Ledbetter stated this would create an enclave. The Mayor requested Council approval to prepare a grant application for the 701 Program. At the request of the Mayor, the City Attorney read. Resolution 81-R-22. A RESOLUTION REQUESTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE CITY OF EDGEWATER, FLORIDA, IN ITS APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR LOCAL PLANNING ASSISTANCE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 1981; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the Resolution as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS Mayor Christy read a Proclamation, proclaiming the week of February 16th as "Friends of the Edgewater Library Weekll. The City Clerk read a letter from the Friends of the Edgewater Library cordially inviting all residents of Edgewater to use the library facilities during the week. Attorney Paul Hagglund submitted a letter concerning excessive building permit charges for review of the Council. City Attorney Clay Henderson said that he had been working with Attorney Hagglund to come to an agreement on the matter. Councilman Ledbetter made a motion to table the matter for further action by the City Attorney and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Penny Bucher regarding the need for additional recreational facilities for young people of the area. Ms. Bucher said the City should accept the responsibility to provide these additional facilities for the youth of the community. Mayor Christy stated several events for the young had been tried in the past without success. . The City Attorney reminded the Council a workshop had been set on February 5th at 2:00 P.M. and because of Ms. Bucher's interest she would be an asset to the meeting. Council Meeting 2/2/81 -6- ~ Q The City Clerk read a request from Belmont Homes, Inc. concerning the Pelican Cove lift station electrical billing. She also read her request to the Council, as a recommendation of the Wastewater Department, to have the Consulting Engineers decide the feasibility of this request. Councilman Ledbetter made a motion to have the City Clerk check with the Consulting Engineers on the feasibility of the request concerning the lift station billing. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Surfcoast Realty requesting a permit for a temporary site trailer. The City Attorney reminded the Council they could not waive an ordinance, however they could grant a permit for a maximum of 90 days. Mr. Sander, developer of the Hermosa Palms complex, stated this request was only for a temporary site trailer. Councilman Ledbetter made a motion to grant a 90 day permit for a site trailer and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a request from the Democratic Organization of Edgewater (D.O.E.) to be placed on the agenda to discuss the proposed Code Enforcement Board. Mr. Phinney, President of the D.O.E., requested the Council reject the proposed Code Enforcement Board, stating other cities have rejected this type of board and feels it would not benefit the citizens of Edgewater to establish this board. The City Attorney questioned Mr. Phinney concerning the organization to clarify the records on the following matters, as a matter of record regarding legality: (1) Is the organization a registered political committee? "Yes" (2) With whom did the organization file organizational papers? "Both with th~ City and the County. II (3) You are not a political committee of continuous existence? "Correct" / (4) What is your limited purpose for opposing issues or candidates or what? "You are welcome to attend the meeting of February 11th and check the By-Laws II (5) Whether or not this committee is associated with the Democratic Executive Committee of Florida? "No, we are not part of this organization." RESOLUTIONS The City Attorney read Resolution 81-R-16. A RESOLUTION APPOINTING THE MEMBERS OF THE BUILDING CODE BOARD OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. After a brief discussion, Councilman Ledbetter made a motion to table this Resolution until a full body of the Council was in session. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 81-R-18. A RESOLUTION AMENDING RESOLUTION NO. 30-R-172 TO PROVIDE FOR AN INCREASED COMPENSATION FOR THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HER DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Council Meeting 2/2/81 -7 - ~ o Councilman Pendleton made a motion to table the Resolution for further study, however when adopted to make the compensation retroactive to January 19,1981. Councilman Ledbetter seconded the motion. Upon roll ~all the motion CARRIED 4-0. The City Attorney read Resolution 81-R-19. A RESOLUTION APPOINTING THE MEMBERS OF THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVIDING A TERM OF SAID APPOINTMENT; FURTHER PROVIDING THAT EACH SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The Council discussed the following members to be included in the Resolution: Sebastian Siciliano, William Brogan, Harold Breuilly, Frank Richardson, Robert Zigmund, John Ott, Doris Massey and Edmund Duby. Councilman Pendleton made a motion to adopt the Resolution as read, including the members named, and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES The City Attorney read Ordinance 81-0-2 for the second reading. AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE NO. 80-0-61, CODIFIED AT SECTION 2-34 OF THE EDGEWATER CODE OF ORDINANCES, PROVIDING FOR A PENALTY FOR ABSENCE FROM REGULAR COUNCIL MEETINGS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY; PROVIDrNG FOR AN EFFECTIVE DATE. There were no comments from the audience or Council on the proposed Ordinance. Councilman Ledbetter made a motion to adopt the Ordinance as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Sundance Lounge - Police Chief Earl Baugh submitted a report of verbal and written complaints concerning the lounge. Mr. Hall acted as spokesman for the group of surrounding neighbors to the Lounge, stating the problems they have had and the fact these problems have not changed during the last time the matter was brought before the Council. Mr. Criswell and Ms. Fabiszak also spoke on the problem. Mr. Phil Williams spoke in behalf of the Lounge, stating the owner does pay taxes in Edgewater and should be given a chance to continue his business and not be crucified. Mr. Bill Perry, owner of the Lounge, reiterated the progress that had been made in correcting the problems. A lengthy discussion followed. Councilman Ledbetter made a motion that the City Council authorize the Chief of Police, after three nuisance calls after midnight, to close the place down for the remainder of the night. Councilman Lodico seconded the motion. Another lengthy discussion followed and the City Attorney clarified the City's position in the matter. Councilman Ledbetter withdrew his motion and Councilman Lodico withdrew his second. Council Meeting 2/2/81 -8- , . ~ o Councilman Lodico made a motion to recommend revocation of the occupational license held by the Sundance Lounge and to hold a public hearing on February 16, 1981 at 6:45 P.M. to give the owner an opportunity to show cause why this license should not be revoked. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Shuffleboard Courts - were not discussed further since they had already been discussed under Officers Reports. Daniel Cory - City Map - The City Clerk read a letter from Mr. Cory concerning the price and preparation of the requested maps. Councilman Pendleton made a motion to table this matter until the next meeting, February 16th. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. NEW BUSINESS Action on Public Hearings: Federal Revenue Sharing Funds - The Council set a workshop on Thursday, February 5th, at 1 :00 P.M. to discuss the proposed use of the anticipated Federal Revenue Sharing funds for 1980-1981. The Council also set a public hearing to discuss these proposed funds for February 16th at 6:30 P.M. Combination of Zoning/Planning Boards - As directed by the Council, the City Attorney read Ordinance 81-0-4 for the first time, by title only. The City Attorney stated this ordinance would not become effective until after a report from the Planning and Zoning Boards and after adoption of the Comprehensive Plan. AN ORDINANCE AMENDING SECTIONS 14-1, 14-2, & 14-3, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER TO PROVIDE FOR A ZONING AND PLANNING BOARD OF THE CITY, FURTHER PROVIDING SAME AS THE LOCAL GOVERNMENT PLANNING AGENCY, GRANTING SAME AUTHORITY THROUGHOUT THE MUNICIPAL TERRITORIES OF THE CITY, EMPOWERING SAME TO EXERCISE AUTHORITY GRANTED BY STATE LAW AND FUTURE ORDINANCE OR RESOLUTIONS; FURTHER PROVIDING FOR MEMBERSHIP OF THE BOARD, STAGGERING THE TERMS THEREOF, REQUIRING RESIDENCY FOR ITS MEMBERS, AND PROVIDING A MEANS FOR THEIR REMOVAL; FURTHER PROVIDING DUTIES AND PROCEDURES OF SAID BOARD, EMPOWERING SAME TO ADOPT RULES AND REGULATIONS, AND TO APPOINT A CHAIRMAN, VICE CHAIRMAN AND SECRETARY, PROVIDING THAT ALL MEETINGS SHALL BE PUBLIC, REQUIRING DUE PUBLIC NOTICE OF ALL MEETINGS, REQUIRING PUBLIC POSTING OF ALL MINUTES, PROVIDING FOR THE CITY COUNCIL TO GIVE FINANCIAL SUPPORT TO THE BOARD, REQUIRING THE BOARD TO GIVE FREQUENT REPORTS ON ITS BUSINESS TO THE CITY COUNCIL; FURTHER PROVIDING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH SHALL BE REPEALED; SPECIFICALLY REPEALING ORDINANCE 902, 903, & 947 OF THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVIDING THAT THE PLANNING BOARD AND THE ZONING BOARD OF THE CITY OF EDGEWATER, FLORIDA SHALL HOLD PUBLIC HEARINGS ON THIS ORDINANCE; FURTHER PROVIDING THAT THE CITY CLERK SHALL ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; FURTHER PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to accept the Ordinance as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. MISCELLANEOUS Walter Gross questioned the Council concerning the hiring of the present City Attorney on a temporary basis, and the granting of hospitalization benefits offered. He questioned a resolution at a previous meeting authorizing the City Clerk to advertise for a City Attorney. Mayor Christy stated there was no such resolution for advertisement. It was further clarified the City Attorney is still on a temporary basis and it is provided for in the budget to offer the hospitalization benefit to the City Attorney and his secretary. Council Meeting 2/2/81 -9- < . ~ o Walter Gross also questioned the fact that at a workshop meeting recently after adjournment, with all the Council and the Attorney present, he listened for five minutes to a discussion regarding the Ordinance Code Board. He requested this fact be a matter of record. Bill Phinney read the purpose of the organization known as the Democratic Organization of Edgewater (D.O.E.). ADJOURN Councilman Ledbetter made a motion to adjourn the meeting and Councilman Pendleton seconded the motion. The meeting was adjourned. Minutes submitted by: Patsy L. McCann "5/~ ~~, / .~-;; Mayor ," --,- /.... I ~.,I~. . / /_--/~ . 4, \ . ~r.(n-C' tJ)..-"'17 ( ./ '1><'>--, ~ -t/ COUncl man v ' / 11man~.' ~. tt . --?F-S .t!J~.lJ~ ~ J4 ~~/L ~= Co nCl man / \J ATTEST: c~ APPROVED THIS I I!fo- rt- / & --nAY OF FEBRUARY, 1981. - ~ Mayor Council Meeting 2/2/81 -10-