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01-12-1981 - Regular 71 r ~ ~I u u CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING January 12, 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 Excused Present Present Present Present Present The purpose of the Public Hearing was to discuss the proposed addition of flea markets as a permitted use in the B-3 Zone, with specified conditions. Mayor Christy reviewed the details for flea markets and the conditions as recommended by the Zoning Board. A letter from the Zoning Board regarding their recommendation for fees to be charged was read, along with their request to add a condition for precious metals being purchased. Mark Bearsley questioned whether the Police Chief had researched the other flea markets in the area. Chief Baugh explained this had been completed. Councilman Lodico made a motion to adjourn the public hearing. There was a suggestion that fees be discussed and Councilman Lodico withdrew his motion. The Mayor recommends the owner/operator fee should be set at $450.00 instead of $225.00 and $1.00 for each of three (3) consecutive days for each week for each booth; $15.00 for a six (6) month period and $30.00 per year. He also recommended this be a special exception so each request can be submitted to the Council for review. There was further discussion regarding fees. The City Attorney recommended flea markets be a special exception for more control instead of being a permitted' use. There was further discussion by Mr. Bearsley, Mr. Phinney and the Council concerning fee structure. Mayor Christy recessed the Public Hearing at 7:00 P.M. to open the regular Council meeting. CITY COUNCIL REGULAR MEETING January 12, 1981 CALL TO ORDER ~ u u 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 Excused Present Present Present Present Present INVOCATION Rev. Smith of the Edgewater Alliance Church gave the invocation. SALUTE TO FLAG Mayor Christy recessed the regular meeting and reopened the Public Hearing. There was further discussion regarding the fee structure for the flea markets. Councilman Lodico made a motion 'to adjourn the Public Hearing and Councilman Wilbur seconded the motion. The Public Hearing was adjourned at 7:05 P.M. and Mayor Christy reopened the regular meeting. APPROVAL OF MINUTES Councilman Wilbur made a motion to approve the minutes of the Special Meeting of December 29, 1980 and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Lodico made a motion to approve the minutes of the Regular Meeting of January 5, 1981 and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. CLARIFICATION OF MEETING RULES Mayor Christy read excerpts from the Edgewater Code regarding preserving strict order and decorum at all regular and special meetings of the Council; rules of debate; permission to address the Council and the procedure for doing so; decorum and the legislative procedures. BILLS AND ACCOUNTS Councilman Wilbur made a motion to pay the bills and Councilman Lodico seconded the motion. Clarification from Mr. Wadsworth of the Water Department was read concerning a bill from Parnell Well Drilling which was questioned at a previous meeting. Councilman Pendleton questioned the procedure for petty cash reconciliation, which was explained by the City Clerk. Upon roll call the motion CARRIED 4-0. Council Meeting 1/12/81 -2- \ u o ". OFFICERS REPORTS, BOARDS & COMMITTEES The City Clerk reviewed Ordinance 80-0-70 concerning the PID and recommended the Council set a date for a Public Hearing, so the real property owners of the area could be notified by certified letter, which requires a 30 day notification. Councilman Lodico made a motion to hold a Public Hearing to discuss the PID on February 18, 1981 at 6:30 P.M. and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The Council consented to hold a workshop on Tuesday, January 20th at 1:00 P.M. to review and discuss the Utility Ordinance. The Council was reminded there was a workshop set for January 15th at 10:00 A.M. for a plant tour with Briley, Wild and Associates. Mayor Christy discussed several of the Federal grant requests for applications and stated he would keep the public and Council informed of his progress. The Mayor read an article from a surrounding city concerning illegal structures and variances received after the structure has been built. The City Clerk requested the Council set a Public Hearing for the proposed use of Federal Revenue Sharing Funds anticipated for 1980- 1981. The Council selected February 2, 1981 at 6:30 P.M. for the Public Hearing .,1 COMMUNICATIONS The City Clerk read a petition from interested citizens for an exten- sion of the docks at the park and pier for boats. Mayor Christy recommended this request be turned over to the Board of Governors for further study. Councilman Wilbur made a motion to turn this request over to the Board of Governors and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. RESOLUTIONS The City Attorney read Resolution 81-R-l by title only. A RESOLUTION APPOINTING WM. CLAY HENDERSON, ESQ. AS CITY ATTORNEY OF THE CITY OF EDGEWATER, PROVIDING HIS TERM OF OFFICE, SALARY AND DUTIES, AND RESPONSIBILITIES; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the Resolution as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 81-R-2 by title only. A RESOLUTION APPOINTING JACOB LODICO AS VICE-MAYOR OF THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVIDING FOR THE APPOINTMENT OF JOHN WILBUR AS ACTING-MAYOR OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; 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. Upon roll call the motion CARRIED 4-0. Council Meeting 1/12/81 -3- . , (.) o The City Attorney read Resolution 81-R-3 by title only. A RESOLUTION REPEALING RESOLUTION NO. 78-R-18 WHICH PROVIDED THAT ANY PERSON MAY ADDRESS THE CITY COUNCIL FOR A PERIOD OF THREE MINUTES; FURTHER PROVIDING A PROCEDURE FOR SETTING ITEMS BY THE PUBLIC ON THE REGULAR COUNCIL MEETING AGENDA FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 81-R-4 by title only. A RESOLUTION REPEALING RESOLUTION NO. 80-R-168 WHICH PROVIDED FOR A TEMPORARY MORATORIUM ON ANY FURTHER ANNEXATIONS OF REAL PROPERTY AND SELLING WATER AND SEWER SERVICES TO PERSONS RESIDING OUTSIDE THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 81-R-5 by title only. A RESOLUTION IMPOSING RESTRICTIONS UPON MEMBERSHIP ON ADVISORY BOARDS OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING DEFINITIONS; RESTRICTING INDIVIDUALS TO SERVE ON ONLY ONE ADVISORY BOARD; FURTHER RESTRICTING CERTAIN FAMILY MEMBERS FROM MEMBERSHIP, REPEALING ALL CONFLICTING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution as read and Councilman Lodico seconded the motion. Mr. Phinney called a Point of Order, however upon speaking his questions concerning the Resolution were not a Point Of Order but questions directed to the City Attorney regarding legality.~ - -..... ~ .-:- - ~ The City Attorney responded by stating membership on the boards is at the will of the Council and it is legal for the Council to make changes regarding these boards. Upon roll call the motion CARRIED 4-0. Results of the workshop concerning coordinators for the various departments was reviewed, along with each Councilman's preference for the department he desired. Councilman Lodico stated he had given much time and thought concerning the coordinator system and made a motion to appoint Mayor Christy Exec. Coordinator of External Affairs because of the expertise he had demonstrated in this area. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Lodico made a motion to appoint the following Coordinators: Councilman Wilbur Water and Wastewater Departments; Councilman Ledbetter Fire and Police Departments; Councilman Lodico Streets and Garbage and Councilman Pendleton Finance and Administration. Councilman Wilbur seconded the motion. There was further discussion regarding these appointments and Councilman Lodico withdrew his motion and Councilman Wilbur withdrew his second. Council Meeting 1/12/81 -4- " ' o o Councilman Lodico made a motion to appoint the following Coordinators: Councilman Wilbur, Water and Wastewater; Councilman Ledbetter, Fire, Police and Rescue; Councilman Lodico, Streets and Sanitation; and Councilman Pendleton, Finance and Administration. Councilman Wilbur seconded the motion. Upon discussion it was noted that Parks and Maintenance and the Library Department had been omitted from the list of appointments. Councilman Lodico said at one time Parks and Maintenance had been under the supervision of the Street Department and he would like to see this revert back to this arrangement of only one supervisor and save the City money. It was consented that Parks and Maintenance be included with the Streets and Sanitation and the Library be included with Finance and Administration, under the Coordinator assigned for those departments. Councilman Lodico amended his motion to include Parks and Maintenance under Coordinator Lodico and the Library Department under Coordinator Pendleton. Councilman Wilbur amended his second to include these additions. Upon roll call the motion CARRIED 4-0. Mayor Christy excused himself and Vice-Mayor Lodico acted as Chairman. The City Attorney read Resolution 8l-R-6. A RESOLUTION APPOINTING EACH MEMBER OF THE EDGEWATER CITY COUNCIL AS A COORDINATOR OF A SEPARATE MUNICIPAL DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVIDING A TERM OF OFFICE FOR SAID APPOINTMENT; REPEALING ALL RESOLUTIONS CONFLICTING HEREWITH; PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution as read and Councilman Pendleton seconded the motion. Mayor Christy returned as Chairman. Upon roll call the motion CARRIED 4-0. ORDINANCES The City Attorney read Ordinance 80-0-81 for the second reading by title only. AN ORDINANCE RELATING TO THE PURCHASE OF PERSONAL PROPERTY MADE OF PRECIOUS METALS BY DEALERS WITHIN THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE KEEPING OF CERTAIN RECORDS; PROHIBITING THE DISPOSAL OF CERTAIN PERSONAL PROPERTY WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING FOR THE FILING OF CERTAIN REPORTS; PROHIBITING CERTAIN TRANSACTIONS WITH MINORS; PROVIDING FOR THE ARRANGEMENT OF CERTAIN STOCKS; PRESCRIBING PENALTIES; PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the Ordinance as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 81-0-1 for the first reading to be passed on an emergency basis. AN EMERGENCY ORDINANCE AMENDING SECTION 602.02(a) R-lA SINGLE FAMILY RESIDENTIAL DISTRICT, BY RESTRICTING SINGLE FAMILY DWELLING UNITS TO "ONE STORY"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Ordinance as read and Councilman Lodico seconded the motion. Council Meeting 1/12/81 -5- '. . ~ ~ The City Attorney clarified this ordinance to the audience and the request by the Council to research previous ordinances already passed concerning this matter. As a matter of record he stated he hoped the Council would give consideration to properby owners that this ordinance would create any kind of hardship upon, and they be given the opportunity to appear before the Board of Adjustments for variances if their property was purchased during the time the existing ordinance was in effect. Upon roll call the motion CARRIED 4-0 and the Ordinance was adopted on an emergency basis on the first reading. The City Attorney read Ordinance 81-0-2 for the first 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; PROVIDING FOR AN EFFECTIVE DATE. Councilman Lodico made a motion to accept the Ordinance as read and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 81-0-3 for the first reading. AN ORDINANCE AMENDING SECTION 2-20 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING THAT THE CITY COUNCIL SHALL MEET ON THE FIRST AND THIRD MONDAY OF EACH MONTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to accept the Ordinance as read and Councilman Pendleton seconded the motion. Walter Gross called a Point Of Order questioning the Council's action of cutting the meeting times from four times a month to two. Mayor Christy stated this was only a personal opinion and this was not a valid Point Of Order. Councilman Lodico questioned the payment of bills on the off Monday. The Mayor stated the bills could be paid and approved whenever the Council had a meeting and there was no objection from the other Council members. Councilman Pendleton requested permission to answer Mr. Gross's objection to the two meetings per month. He stated because of the number of workshops being held by the Council he did not feel meeting only two times per month would lessen the Council's efficiency in any way. Upon roll call the motion CARRIED 4-0. OLD BUSINESS The City Clerk reviewed the request by Frank Hall concerning the Wildwood pump station and the reply by Briley, wild and Associates requested by the Council at a previous meeting. Councilman Wilbur made a motion to accept Briley, Wild's proposed recommendation that the City accept full responsibility for the pumping station, which would indicate payment of all future electrical bills. Councilman Lodico seconded the motion. Councilman Lodico questioned if this was the original agreement made under the contract and Mayor Christy stated this had been researched by Briley, wild. Upon roll call the motion CARRIED 4-0. Council Meeting 1/12/81 -6- . , . . '-J o The City Attorney reviewed an item on last weeks agenda, Ordinance 80-0-80 concerning the Code Enforcement Board. He stated he had reviewed the Ordinance and it would be his recommendation to the Council that it not be accepted at this time so the language could be tightened. He proposed the Council set a workshop to discuss this Ordinance. It was noted this Ordinance had been advertised to be read at the meeting January 19th for a second reading. It was the consensus of the Council to hold a workshop to discuss this Ordinance at 2:00 P.M. on January 20th and to remove this Ordinance from the agenda for January 19th meeting. (Time will be approximate since this discussion will follow a 1:00 P.M. workshop.) NEW BUSINESS Councilman Wilbur made a motion to change the names of the existing departments to the following headings: Water and Wastewater Department to be known as the Utility Department; Police, Fire and Rescue Departments to be known as the Department of Public Safety; Record keeping, taxes, license collections, financial management and investments to be known as the Administrative Department; and streets, sanitation, garbage, refuse, parks,: recreation and maintenance be known as the Department of Public Works. Councilman Lodico seconded the motion. There was a discussion regarding the computer having to be changed to accommodate this request. It was noned thisl..:is only a name change. Upon roll call the motion CARRIED 4-0. There was a discussion regarding adding the Library Department under Administrative and the City Attorney stated since this is only a name change there would be no problem in regrouping the departments. Action On The Public Hearing Mayor Christy requested the Council's pleasure regarding the Public Hearing-concerning flea markets. Councilman Lodico made a motion to hold a workshop for further discussion of the fees for the flea markets, to be set for Tuesday, January 27, 1981 at 1:00 P.M. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. MISCELLANEOUS Walter Gross spoke on his attendance at a recent workshop and questioned wh'en the people of the City would be allowed to speak with their opinions on the subjects on the agendas. Mr. Gross stated the people not being allowed to speak was a "gag". Mayor Christy stated he was trying to follow the City Charter and by doing so he was not trying to impose a "gag". The City Attorney addressed Mr. Gross and clarified the rules in the Charter, the State Statutes and the Edgewater Code concerning when the audience would be allowed to express their input on subjects. He noted that presently the audience can participate at Public Hearings; when ordinances are read on two separate occasions before being adopted; when the Council allows the audience to participate after a motion has been made; and under the term "Miscellaneous" on the agenda when submitted by Friday at noon with a synopsis of the material on the subject. Council Meeting 1/12/81 -7- , '," <j o Mr. Witzig questioned the Council if the City had adopted the Robert's Rules Of Order. Mayor Christy stated the City had adopted these Rules. Mr. Witzig stated at one meeting he had been called a trouble maker and was disruptive. He stated he had been called out of order. Mayor Christy called Mr. Witzig out of order and after two warnings for the loud outburst asked Police Chief Baugh to escort Mr. Witzig from the meeting. Councilman Pendleton discussed workshops briefly and asked the Council to please keep them as short as possible and only discuss the subjects on the agenda. Mayor Christy stated he was trying to go exactly by the book to keep the meetings from being disrupted. Mr. Phinney stated he had been called disruptive at a recent workshop. He stated the present Council was not in a position to make that determination at this time, and that he had always approached the Chair to speak. Mr. Phinney started to speak on IVE and Mayor Christy called him out of order because of bringing in personalities. Mr. Phinney requested the Council allow the people to speak. Mr. Demuch questioned the City Attorney when the people would be allowed to speak. The City Attorney stated he had reviewed these rules earlier. Mayor Christy reiterated the fact he was trying to keep the meetings in an orderly fashion and keep the meetings from being a "circus". Mr. Opal stated the Chairman does not follow the Rober~s Rule of Order ,and stated the Mayor was way out of hand. Mr. Ben vasquei to clarify the recor4 he did own property in the area. He stated he had no personal animosity against the Council and came to the meeting to speak on several items on the agenda. He said the Council had tabled the PID Ordinance because the Council saw him coming and was going to "lower the boom" on them. After a further loud outburst and several warnings the Mayor asked Police Chief Baugh to escort Mr. Vasquez from the meeting. Mr. Opal stated if the Mayor would let the people speak when they wanted, ;to the meetings would not be so much of a "circus'. ADJOURN Minutes submitted by: Councilman Lodico made a motion to adjourn the meeting and Councilman Pendleton seconded the motion. The meeting was adjourned. ~.:>, /.fl~?< ~ ~ Mayor ,- .I ~//:J' , ( /ae~ ~~~ ~ / C~FCi~ ..:'- (~II / l_;J (yJ [0 ~>>:, Ii ./,/7) unCl man Patsy L. McCann Council Meeting 1/12/81 -8- .,' .. '. . " ATTEST: (.) z. ;f ~A' City ~k V"'" 7.... rt APPROVED THJS /f -- DAY OF JANUARY, 19,81. ~ Mayor Council Meeting 1/12/81 Q 3J/~~ Councilman ~ J~ / dit4u.- ~nci1man ' -9- ~' ~