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01-05-1981 - Regular ~ u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 5, 1981 CALL TO ORDER ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David C. Ledbetter Councilman Wilbert C. Pendleton Councilman John T. Wilbur City Attorney Judson Woods City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Present Excused Present Present Also Present: Charles Hardee, Attorney Pro Tern INVOCATION Rev. Canova gave the invocation. SALUTE TO FLAG PRESENTATION Mayor Christy presented Police Chief Earl Baugh with four stars, the insignia for his position. APPROVAL OF MINUTES Councilman Wilbur made a motion to approve the minutes of the meeting of December 29th and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO because he was not present. BILLS AND ACCOUNTS Councilman Ledbetter made a motion to pay the bills and this was seconded by Councilman wilbur. There was a brief discussion regarding the bill from Parnell Well Drilling Company and the fact a backhoe was used. The City Clerk was requested to get a breakdown of this bill for clarification. / Councilman Ledbetter amended his motion to pay the bills with the exception of the Parnell Well Drilling Company bill and Councilman Wilbur amended his second. Upon roll call the motion CARRIED 5-0. OFFICERS REPORTS, BOARDS & COMMITTEES The City Clerk read a letter from Richard Watkins regarding his resignation from the Board of Trustees. Councilman Wilbur made a motion to accept Mr. Watkins resignation and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. ~ ~ Mayor Christy requested the City Clerk write Mr. Watkins a letter commending him on a job well done. Mayor Christy requested the Council re-evaluate the following matters and take appropriate action: City Attorney Councilman Wilbur made a motion to no longer use the services of Judson Woods as City Attorney. Councilman Lodico seconded the motion. Walter Gross questioned Councilman Wilbur as to why he made the motion since Mr. Woods had done a good job for the City, was conscientious and always attended the meetings. Dan Holahan called a Point Of Order that citizens were not allowed to address the Councilmen without going through the Chairman. Mayor Christy stated he was correct and Mr. Gross restated his question through the Chairman. Councilman Wilbur stated he felt the City Attorney did not handle the referendum matter properly. Bill Phinney said he felt this was a political reward and Mr. Woods has always given a lot for the City. Councilman Lodico said the Council should have an attorney they feel comfortable with and it was like a new president obtaining a new cabinet. Robert Witzig stated Mr. Woods had served the people well even through the courts. Neil Asting stated Mr. Woods acted under the direction of the Council. Mr. Demuch said it should be left up to the Council to choose the attorney to work with. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to advertise for a new City Attorney and Councilman Pendleton seconded the motion. There was further discussion regarding the City being without an attorney during that time. Upon roll call the motion DID NOT CARRY 3-2. Councilman Ledbetter and Councilman Pendleton voted YES. Councilman Lodico made a motion to hire Clay' Henderson for a period of 90 days probation effective at the end of meeting and Councilman Wilbur seconded the motion. Walter Gross questioned the council if anyone had asked Mr. Henderson if he wanted the job and what the salary would be. It was indicated Mr. Henderson would accept the job and the salary would be the same as Mr. Woods was receiving. Walter Gross asked the Mayor if Mr. Henderson was his personal attorney. Dan Holahan called a Point Of Order for harassing the Mayor. Upon roll call the motion CARRIED 5-0. Council Meeting 1/5/81 -2- Q u City Auditors Councilman Ledbetter made a motion to retain the services of Brent Millikan as City Auditors. The motion DIED for lack of a second. Councilman Lodico made a motion to table this matter for further study at a workshop on Wednesday January 7th at 1:00 P.M. Councilman Wilbur seconded the motion. Councilman Ledbetter reminded the Council that Ma~ zima sold the City the computer, the software and audits by the same company was not a good idea. Mr. Brent Millikan said his firm would cooperate with the Council with their wishes and they were half way through the year-end audit. Upon roll call the motion CARRIED 5-0. City Engineers Councilman Ledbetter made a motion to retain the services of Briley, Wild and Associates as City Engineers. The motion DIED for lack of a second. Councilman Lodico made a motion to table this matter for further study at a workshop on Wednesday, January 7th at 1:00 P.M. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Two-story Homes - East of Riverside Drive The Mayor reviewed the City Code concerning two-story homes and Ordinances 80-0-47 and 80-0-58. He recommended a moratorium on all construction of two-story homes on the East side of Riverside Drive until an ordinance is clarified. Attorney Pro Tern Hardee stated it would be unwise for the City to propose a moratorium on construction already started and building permits already issued and suggested this moratorium be placed on future construction. Councilman Pendleton made a motion to declare a moratorium on any future building on the East side of Riverside Drive effective today and this was seconded by Councilman Wilbur. There was further discussion regarding all future building or only two story building. Councilman Wilbur withdrew his second. Councilman Pendleton amended his motion to declare a moratorium on any future two-story building on the East side of Riverside Drive effective today and this was seconded by Councilman Wilbur. The Attorney Pro Tern said this would have to be done by ordinance. There was further discussion by Mr. Mackie and Mr. pilch. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Resolution 760 and 78-R-18 The Mayor requested the Council reinstate Resolution 760 which was rescinded by Resolution 78-R-18 concerning all items submitted to Council. Councilman Lodico made a motion to reinstate Resolution 760 and this was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. Council Meeting 1 ./5/81 -3- Q Q Ordinance 80-0-61 The Mayor read the ordinance regarding. absences from Council meetings and stated this was against the City Charter. He recommended the Council rescind the ordinance. Councilman Ledbetter made a motion to rescind the Ordinance 80-0-61 and Councilman wilbur seconded the motion. Bill Phinney said the Council should have some provision covering absences from council meetings. The Attorney Pro Tern stated the Council should have their new attorney check that this has to be done by ordinance. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to have the City Attorney draw an ordinance to repeal 80-0-61 and change ordinances 80-0-47 and 80-0-58. This was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Resolution 80-R-168 The Mayor recommended the Council rescind this resolution regarding annexation. Councilman Lodico made a motion to rescind this Resolution 80-R-168 and this was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. Mayor's Office. The Mayor requested the Council's approval to move back into the old Mayor's office. There was no objection from the Council and the Mayor will move tomorrow. Street Light Committee The Mayor stated there was a vacancy on the Street Light Committee. The Council decided to study this at a workshop on Wednesday, 1/7/81 at 1:00 P.M. Xerox Copies The Mayor requested the Council's. approval to allow the Mayor to make Xerox copies in City Hall instead of a City employee helping. Councilman Wilbur suggested this be discussed after the new Coordinator is appointed. The Council accepted Councilman Wilbur's suggestion. Workshop - All Boards The Mayor called for a workshop covering all Boards and Board members. The Council decided on Thursday, January 8th at 2:00 P.M. for this workshop. Workshop-Supervisors & Employees Pay and Positions The Mayor called for a workshop covering supervisors and employees on pay and positions. The Council decided on Friday, January 9th at 1:00 P.M. for this workshop. Council Meeting 1/5/81 -4- ~ o Workshop - Coordinator Appointments The Mayor requested a workshop for coordinator appointments. The Council selected Friday, January 9th at 1:00 P.M. for this workshop. Selection of Vice Mayor and Acting Mayor Mayor Christy recommended Councilman Ledbetter as Vice Mayor since he had been on the Council the longest. Councilman Ledbetter appreciated the recommendation, however declined his acceptance. Councilman Pendleton made a motion to appoint Councilman Lodico as Vice Mayor, and Councilman Wilbur as Acting Mayor. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to draw up a resolution for a one year appointment for both the Acting and Vice Mayor. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Set 1st & 3rd Monday Council Meetings Mayor Christy requested the return to two Council meetings a month in lieu of weekly meetings. Councilman Ledbetter made a motion to have the City a resolution to rescind Resolution 80-R-134 and set meetings to the 1st and 3rd Mondays of each month. Pendleton seconded the motion. Attorney draw the Council Councilman It was clarified there would be a Council meeting January 12th, 19th and then February 2nd. Upon roll call the motion CARRIED 5-0. The City Clerk requested authorization for the Mayor and City Clerk to pay the bills on the off weeks of the meetings. The City Clerk will give the Council a list of the bills necessary to pay by the 10th of the month. Mr. Asting asked if the bills would still be posted. The City Clerk said they would be posted in the Community Center, City Hall and Library. There was no objection from the Council on the request for the City Clerk and Mayor to pay the bills on the off weeks of the meetings. Florida League of Cities Legislation Meeting in Tallahassee The Mayor requested the Council authorize him to attend the Florida League of Cities Legislation Meeting in Tallahassee February 10th to the 15th. Councilman Ledbetter made a motion to authorize the Mayor attend this meeting and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS None Council Meeting 1/5/81 -5- . . , o Q RESOLUTIONS None ORDINANCES The City Attorney Pro Tern read Ordinance 80-0-80 for the first time by title only. AN ORDINANCE TO BE KNOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE; SETTING FORTH THE PURPOSE OF SAID BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR FINES AND/OR LIENS AND ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTION IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the ordinance as read and Councilman Pendleton seconded the motion. Mr. Mackie and Mr. Phinney dicussed the board and their responsibilities. Upon roll call the motion CARRIED 5-0. The City Attorney Pro Tern read Ordinance 80-0-82 for the first time by title only. AN ORDINANCE REAPPROPRIATING $87,868.00 IN FEDERAL REVENUE SHARING FUNDS FOR THE FISCAL YEAR 1979-1980 IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt this ordinance as read, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Clerk read a request from James Knox of the Preaching of the Cross, Inc. concerning the use of the community center. There was a brief discussion regarding the use of the center by other groups and the fact this was for an indefinite period of time. Rev. Knox stated it would be helpful to use the center on a temporary basis until another building could be located. Councilman Ledbetter made a motion to allow Rev. Knox to use the center for a period of two (2) months, starting 1/11/81 to the second week of March at 10:00 A.M. and 6:30 P.M. each Sunday, at a cost of $8.00 per day. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy requested the new City Attorney check into the status of land for a new well from William Ragis and C. W. Osban, so he can report back to the Council. The Mayor requested Council approval to have the ,Water and Sewer Department fill out an EDR application for a grant. There was no objection by the Council. NEW BUSINESS None Council Meeting 1/5/81 -6- ( , - (.) u MISCELLANEOUS Walter Gross suggested the Councilmen cut their salaries to be in line with cutting the number of council meetings per month. He questioned the City Clerk on the mailings done by Coronado Paint and if they were listed as campaign expenses. The City Clerk requested Mr. Gross come into City Hall and he could review the expense reports filed. Mr. Witzig said it appeared the" Council already had their minds made up before the meeting and had not listened to input from the citizens. Mr. Phinney stated he would like to see the workshops held in the evening so people who worked could attend. He questioned the Mayor on the need for the larger office when this should be used by a City Manager. He complimented the Council on trying to keep personalities out of the meetings. Mr. Opal spoke on not being called on to speak when he had his hand up regarding Judson Woods. He stated he might engage Mr. Woods in a suit concerning last Monday.s meeting and a direct accusation by the Mayor. Mr. Williams requested the Council get to work on a City Manager which they supported in their platforms before the election instead of some of the petty items completed tonight. Mr. Pilch questioned the Council concerning Beacon Ambulance Service which is discontinuing the service to Edgewater. The Mayor stated he had spoke with Clyde Mann and they were going out for bids and at that time discuss the matter in conjunction with the surrounding cities. He will keep the citizens informed. Councilman Lodico stated he was making every effort to cut the meetings shorter for everyone concerned. ADJOURN Councilman Lodico made a motion to adjourn the meeting, which was seconded by Councilman Wilbur. The meeting was adjourned. '. d&~//~~L p. )P:/)i36ff?k: Councllman '.... Minutes submitted by: Patsy L. McCann 2~1 ~i ty Clerk ,. APPROVED THJS r~~' /02 -- DAY OF f4 ATTEST: .ft1t c. Council Meeting 1/5/81 -7-