12-22-1980 - Regular
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CITY OF EDGEWATER
CITY COUNCIL REGULAR MEETING
December 22, 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
Present
Present
Excused
Present
Present
Present
Present
Present
INVOCATION
Silent
SALUTE TO FLAG
APPROVAL OF MINUTES
Councilman Wilbur made a motion to accept the minutes of the regular
meeting of December 15th and Councilman Cameron seconded the motion.
Upon roll call the motion CARRIED 4-0.
Councilman Wilbur made a motion to accept the minutes of the special
meeting of December 17th and Councilman Cameron seconded the motion.
Upon roll call the motion CARRIED 4-0.
BILLS AND ACCOUNTS
Councilman Rotundo made a motion to pay the bills and accounts and
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 4-0.
COMMUNICATIONS
The City Clerk read a letter from the Board of Adjustments recommending
the Council approval of a variance for Mrs. Beader.
Councilman Rotundo made a motion to approve the variance for Mrs.
Beader. Councilman Cameron seconded the motion.
Upon roll call the motion CARRIED 4-0.
The City Clerk read a letter from the Board of Adjustments regarding
their recommendation for approval of a variance for Mr. Peatross.
Councilman Wilbur made a motion to accept the Boards' recommendation
for approval of the variance for Mr. Peatross and Oouncilman Rotundo
seconded the motion.
Upon roll call the motion CARRIED 4-0.
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There was a brief discussion regarding the confusion of setback
requirements and the confusion this creates in R-4 zones.
Councilman Rotundo made a motion to have the City Attorney amend
the Ordinance pertaining to R-4 zones for multi-family from a 25 ft.
setback to a standard 30 ft. Councilman wilbur seconded the motion.
Upon roll call the motion CARRIED 4-0.
The City Clerk read a letter from the Board of Adjustments regarding
the results of the Cameron appeal. It stated Mr. Cameron had agreed
to tear down the building addition within thirty days. The Council
accepted the information and the case is considered closed.
COORDINATORS REPORTS
Councilman Rotundo - none.
Councilman Cameron - none
Councilman Wilbur - none.
City Clerk Nancy F. Blazi - none.
City Attorney Judson Woods - stated that Mr. Cory is in the process
of surveying the proposed acquisition of the water well.
Mayor Robert H. Christy - praised the Police Department for the fine
efficient work they have done, especially for the expedient manner
they completed nine recent robberies.
The Mayor requested the City Clerk write a letter to the Police
Department in appreciation of their fine work.
The Mayor requested the Council's approval to change the swearing-in
of the new Council from 7:30 New Year's Eve to immediately after the
count of the absentee ballots at 4:00 P.M.
Councilman Rotundo made a motion to change the swearing-in ceremony
for the new Council to immediately after the count of the absentee
ballots at 4:00 P.M. Councilman Cameron seconded the motion.
Upon roll call the motion CARRIED 4-0.
RESOLUTIONS
The City Attorney read Resolution 80-R-199.
A RESOLUTION PROVIDING THAT ALL PROPERTY UNDER THE JURISDICTION OF
THE COUNTY OF VOLUSIA WHICH MAY BE ANNEXED IN THE FUTURE SHALL BE
ANNEXED CONTAINING THE SAME ZONING REQUIREMENTS OF THE COUNTY
APPLICABLE TO SAID ANNEXED PROPERTY; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Councilman Cameron made a motion to adopt the Resolution, which
was seconded by Councilman Rotundo.
Upon roll call the motion DID NOT CARRY 2-2. Councilman Wilbur and
Mayor Christy voted NO.
ORDINANCES
The City Attorney read Ordinance 80-0-81 for the first time, 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.
Council Meeting 12/22/80
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Councilman Wilbur made a motion to adopt the Ordinance as read and
this was seconded by Councilman Rotundo.
Councilman Cameron questioned the vote of the Resolution just read
being 2-2 when on December 8th the vote was 4-1 in favor of the
Resolution. There was no further comment.
Upon roll call the motion CARRIED 4-0.
OLD BUSINESS
The City Clerk read a letter from the Board of Adjustments regarding
building permits. This letter had been directed to the Building Code
Board by the Council on December 15th for their recommendation, however
the Board had been unable to take action for lack of a quorum.
Councilman Wilbur made a motion to accept the Board of Adjustments'
recommendation and Councilman Rotundo seconded the motion.
There was a discussion concerning the inspection by the Building
Official, the fees charged and the City Attorney read the section
from the Code pertaining to the permits.
Councilman Wilbur agreed to amend his motion to require all changes
or additions must go to the Building Official with a sketch of the
proposed work to be done and leave the limit at $500.00. Councilman
Rotundo agreed to amend his second.
Upon roll call the motion CARRIED 4-0.
The City Clerk reviewed the correspondence concerning the complaints
regarding the Sundance Lounge.
The Mayor reviewed the Police log of phone calls received at the
station concerning the Lounge since its opening.
There was a lengthy discussion by local residents, including Mr. Hall"
Mr. Cheskewicz, Mr. and Mrs. Fabiszak and Mr. Spagnola on the continuing
problems they were having with the Lounge being in the area.
Mr. Perry, owner of the Lounge, stated he had hired extra personnel
to survey the parking lot and outside area, as well as checking himself
on the problems, and that he felt he had made improvements during the
past two weeks.
Councilman Rotundo questioned the people as to what they recommended
the Council do concerning the Lounge problems.
There was further discussion regarding revoking or suspension of
occupational licenses.
Councilman Rotundo made a motion to give the Sundance Lounge an
additional thirty (30) days to straighten out their act. Councilman
Wilbur seconded the motion.
Mr.:, "Bears ley and-~Ms'~-- Myhil;r~ spoke on ~the improvements made by Mr. Perry.
Upon roll call the motion CARRIED 4-0.
The Mayor stated the research concerning the changing of the truck
routes was not complete and requested additional time for completion
of the information.
The City Clerk read the amount of the five bids received for the sale
of the Little Giant dragline. These ranged from $1,050 to $2,875.
Councilman Rotundo made a motion to accept the bid of $2,875 from
.Daytona Auto Auction for the sale of the dragline and Councilman
Wilbur seconded the motion.
Upon roll call the motion CARRIED 4-0.
Council Meeting 12/22/80
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AUDIENCE MISCELLANEOUS
Walter Gross discussed the Resolution on annexation that was passed
on December 8th with a vote of 4-1 and did not carry tonight with a
2-2 vote. He stated his feelings concerning annexation and the
problems it would create for the City.
Bill Phinney questioned the Council as to the outcome of the
complaint two months ago concerning a local building contractor.
Since there had been no communication from the Building Official
concerning this matter it was requested the City Clerk request this
information in writing to the Building Official and be included in
the December 29th agenda.
Dan Holahan stated the entire matter was political and certain
public officials were using their position to create problems.
Councilman Cameron made a motion to turn this matter over to the
Building Code Board because there were 24 building violations.
The City Attorney said this was not in order since it was up to
the Building Official to reply.
Mr. Pilch spoke on the parking situation at the Sundance Lounge and
the fact it was mathematically impossible to have adequate parking
by the lot sizes available.
The Mayor said he would write an order to the Building Official
asking for clarification.
There was a request by Mr. Phinney to speak before the Council and
the Mayor stated he had already spoke.
Councilman Cameron made a motion to let Mr. Phinney speak and
Councilman Rotundo seconded the motion.
Upon roll call the motion CARRIED 4-0.
Mr. Phinney stated he only wanted to clarify he brought the point
about Mr. Holahan before the Council to let the people know what
the outcome of the matter was.
ADJOURN
Patsy L. McCann
Councilman
Rotundo
Minutes submitted by:
ATTEST:
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Council Meeting 12/22/80
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.MEMORANDUM OF VOTING CONFLICT
(,J,ATE ON ~CH VOTE OCCURREO,
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PART A
Name:
Wi/jur
(LAST)
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(FIRST)
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(CITY)
7: TelePhone:f~~-4:27-Sb~7
(~LE) (A/C) (NUMI3ER)
Ei. e/vder, FI if, .1"ttJ"J-L 1/~/P9/4
C~IP CODE) (COUNTY)
Address:
PART B
Agency is a unit of [check one] : ) State of Florida; (~County, City or other Political Subdivision
Name of Agency: (J / 7)/ /J? ~ 4,.. 1(,1/1 7"~ V--
Position held in Agency: {! tJ U /iI () l J /1.1'14 IV
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: r}'
l./ -~_. I~ Ytl~cI A/If 7'
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fo fV'T ~~~Tr:(:.-r/~A/9 (Z:-OI-/t"A'7) ()/J pT'OPc:,~TI~7
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f1A/.N'e- ~ t::.tY /,V/o
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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:
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Person or principal to whom the special gain described above will inure:
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a. ( ) Yourself b. ( ) Principal by whom you are retained: _ y..J......~:.~~:!., l-
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PART D
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FILING 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
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, DATE SIGNED
N TICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (19751, 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