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12-29-1980 - Public Hearing/Regular v '" -;,;;y' l u CITY OF EDGEWATER CITY COUN CIL PUBLIC HEARING December 29, 1980 CALL TO ORDER Mayor Robert H. Christy called the Public Hearing of the City Council of the City of Edgewater to order at 6:32 P.M. in the Community Center. ROLL CALL Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman James C. Cameron Councilman John T. Wilbur City Attorney Judson Woods 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 budget to reappropriate Federal Revenue funds from 1979-1980. The City Clerk reviewed the proposed budget of $87,868.00 from the 1979-1980 funds. There was no discussion of the funds from the audience or the Council. Councilman Rotundo made a motion to adjourn the Public Hearing and Councilman Cameron seconded the motion. The Public Hearing was adjourned at 6:35 P.M. CITY OF EDGEWATER .1- CITY COUNCIL REGULAR MEETING December 29, 1980 CALL TO ORDER ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman James H. Cameron Councilman John T. Wilbur City Attorney Judson Woods City Clerk Nancy F. Blazi Police Chief Earl Baugh INVOCATION Rev. Knox gave the invocation. SALUTE TO FLAG Present Present Excused Present Present Present Present Present . ; Q <.) .. APPROVAL OF MINUTES Councilman Cameron made a motion to accept the minutes of the meeting of December 22nd and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Cameron made a motion to pay the bills and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS Mr. William Phinney addressed the Council concerning the alleged contracting violations by Dan Holahan ,and the rumors involved with these violations. The City Clerk read a letter from Rev. James Knox regarding the use of the community center for Preaching of the Cross, Inc. Rev. Knox stated this is an independent group meeting not sponsored by a religious body and this group is made up of citizens of Edgewater. The Mayor said a fee would be charged for the use of the center if this was approved by the Council. Councilman Cameron made a motion to table this request until the new Council has taken office. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORT Councilman Rotundo - said it was his last meeting as Councilman and coordinator for the Fire, Police and Rescue Departments and commended their efforts as being the best in the State. Councilman Cameron - said he enjoyed his stay on the Council. He would like to see more people being involved in City government but they have indicated to him the cost of campaigning for office has become more than they can afford. Councilman Cameron made a motion to pass a resolution for future campaigns be limited to $1,000.00. The City Attorney stated it would require an ordinance instead of a resolution. Councilman Cameron amended his motion to pass an ordinance instead of a resolution. Councilman Rotundo seconded the motion. There was lengthy discussion regarding campaigns and the donations received for certain candidates. Mr. Gross, Mr. Lodico and Mr. Opal stated their feelings concerning the election. Mr. Opal read a letter he had sent to the RPAC. Upon roll call the motion DID NOT CARRY. Mayor Christy and Councilman Wilbur voted NO. Councilman Wilbur - none. City Clerk Nancy Blazi - none. Council Meeting 12/29/80 -2- u u , City Attorney Judson Woods - none. Mayor Robert H. Christy - read a letter from Mr. and Mrs. Al Henderson from Presque Isle, Maine concerning parking a trailer on Kumquat Drive at a relatives' home. He stated the City does have an ordinance prohibiting parking a trailer for more than 72 hours. Councilman Wilbur made a motion to write a letter to the Henderson's stating they may obtain a 72 hour permit only.and include a copy of Section 18-5 of the Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. RESOLUTIONS The City Attorney read Resolution 80-R-200. A RESOLUTION GRANTING A VARIANCE TO ARLENE BEADER FOR THE PURPOSE OF ALLOWING THE CARPORT TO REMAIN AS IS ON CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt the Resolution and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 80-R-201. A RESOLUTION GRANTING A VARIANCE TO BRUCE PEATROSS, III FOR THE PURPOSE OF ALLOWING HIS BUILDING TO CONTINUE AS IS ON CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Resolution and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES None OLD BUSINESS The City Clerk read a memo to the Building Official regarding the status of the violations of Dan Holahan. Mrs. Blazi then read a reply from Charles Murphy. Councilman Cameron made a motion to turn the matter over to the Building Code Board and Councilman Rotundo seconded the motion. There was a discussion concerning the "sensitivity" of the matter. Upon roll call the motion DID NOT CARRY. Mayor Christy and Councilman Wilbur voted NO. Councilman Cameron discussed the possibility of a conflict of interest by John Wilbur on his vote concerning his employer. . The City Attorney declined from offering an opinion concerning the matter. The Mayor suggested Councilman Wilbur file a conflict of interest form. Council Meeting 12/29/80 -3- u u . . The City Clerk read a memo from the Mayor to the Building Official concerning the parking spaces at the Sundance Lounge. Mrs. Blazi also read Mr. Murphy's reply. There was a brief discussion regarding the survey made by the Building Official and the Council accepted the information. AUDIENCE MISCELLANEOUS Walter Gross questioned Councilman Wilbur concerning his vote regarding annexation and the mailings for the election from Coronado Paint. Councilman Wilbur stated he changed his vote because he did not want to tie the City's hands for possible future annexations. He said he was unaware of the mailings from Coronado Paint Company and it could have been from the IVE group. Bill Phinney spoke concerning limiting the amount for funding political campaigns. Frank Opal also spoke on the election campaigns. Mayor Christy called Mr. Opal out of order and stated there was a rumor he was paid to harrass him at the Council meetings. Councilman Cameron made a motion to hear what Mr. Opal wanted to say. Councilman Rotundo seconded the motion. Upon roll call the motion DID NOT CARRY. Mayor Christy and Councilman Wilbur voted NO. Carmen Montesano questioned the Council if a City employee was allowed to work for another employer at the same time. The City Attorney stated there was no rule against moonlighting. The City Clerk read from the Code that no regular employee of the city shall engage in any occupation or outside activity which is incompatible with his employment by the City. Any regular employee engaged in an occupation or outside activity for compensation shall inform his department head and the city council in writing as to the time required and the nature of such activity. The city council shall be the final arbiter as to the compatibility of such activity with city employment. (Ord. No. 876, Section 8, 3-18-74) Mr. Montesano said the dispatcher in the Police Department works eight hours for the Sheriff's Department. The Mayor requested Police Chief Baugh to check into the matter and notify the employee. NEW BUSINESS Councilman Rotundo made a motion to have the Attorney prepare an Ordinance reapropriating the Federal Revenue funds for 1979-1980 as follows: $21,382 for Wastewater, $18,600 for Garbage, F & A $12,000, EVER $6,000, Parks and Maintenance $5,000, Police $5,000, Library $1,000 and Refuse Department $18,886, for a total of $87,868.00. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. ADJOURN Councilman Cameron made a motion to adjourn which was seconded by Councilman Rotundo. The meeting was adjourned. Council Meeting 12/29/80 -4- . u . . Minutes submitted by: Patsy L. McCann w ~~ ATTEST: , ~ APPROVED y~. TL THIS ~- DAY OF A CitY_C~ - JANUARY, 1.-981. ~ Hayor Council Heeting 12/29/80 Hayor ~~ ouncllman lJ -/ ~//. \jFunCilrilanP V- -5- j/~ . ~~. U r r ~. F~4 ',;MEMORANDUM OF VOTING CONFLICT ,19~ PART A Name: 4.JI//;U"" .. (LAST) Address: / fj J ? (STREET) Sn), AJ (FiRST) ,t t!J V It L JJ PLA4 / . /' c4. (MIDDLE) ~ /~Iv~~ VI ;:'/--9, (CITY) Telephone:Jbf- 7'-:27-.::>6 c 7 (A/C) (NUMBER) voL (/< ;41- (COUNTY) 3Zt1-::JZ (ZIP CODE) PART B Agency is a unit of [check one] : ( ) State of Florida; (Xl County, City or other Political Subdivision Name of Agency: 01'/)/ ;, ~ E"dyt:' p.l.47e -r Position held in Agency: (!!) (J A/ (}~ / M A-A..f PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: 11/ lf~d Ilc.v/~ ~J --J;J ~/A- 7/ ~ .A) cO ;:: 17 A- A,/ ,Iff) I ~ J4 A- J ~ ~ III/I' Ire 7 D 1", (/0 k:-d ~ .1/;e h.V//A--f 6' r t},)/ /d,,~ ,fA/j'jJeu.7bV' {!J! tie- v/Ao/c/ 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: ~-z:~/e 'p~~p:7 .R~;L E..s ,7'/f 7~ (! I?,A./ 7r .~r'; /tJ r I? r r / / J ff-o Tee/ Iv; 7' A ~f}l1'.A/ )/0/ H j ~u A- t:j1t:;-.;VC V, / / 3. Person or principal to whom the special gain described above will inurE}': {- '-c a. ( ) Yourself b. ( ) Principal by whom you are retained:. ,. ~~i ~._ !.'...- ~. ~4., ". " ' :e:::.:.... -~... (NAlv't:! PART D FI LING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence' of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E /r02 - ~ 9- &>ro . DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1975). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77