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11-17-1980 - Regular . . , , u u . . CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November 17, 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 Present Present Present Present Excused Present Deputy Clerk Susan Wadsworth was also present. INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to approve the minutes and Councilman Cameron seconded the .motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion to approve the bills for payment and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The Deputy Clerk read the letters from the Zoning Board and Planning Board recommending approval of the Montesano Site Plan. Councilman Ledbetter made a motion to approve the Montesano Site Plan and Councilman Rotundo seconded the motion. Councilman Ledbetter questioned why this Site Plan for a building addition was submitted to the Council. Mr. Siciliano stated this is only a formality for additions in a B Zone. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read the letters from the Zoning Board and Planning Board recommending approval of the Wheaton Site Plan. Councilman Rotundo made a motion to approve the Wheaton Site Plan and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. u o ~ The Planning Board had submitted a letter to the Council regarding a recommendation for a new member, Stephen Siciliano, however due to personal business reasons the applicant withdrew his request. The Deputy Clerk read a letter from the Planning Board regarding the reappointment of Mr. Macino as a member. Councilman Ledbetter made a motion to reappoint Mr. Macino to the Board and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read a letter from Funland requesting application for a flea market permit. The Mayor read a report from Susan Wadsworth regarding surrounding cities and their procedures for flea markets. Chief Baugh stated that some cities refuse flea markets since there is a possibility of stolen goods being sold, some of the merchandise on display is undesirable and the traffic created is sometimes a problem. Councilman Rotundo made a motion to table the request for a flea market for further study and be presented to the Council at the next meeting, November 24th. Councilman Cameron seconded the motion. Chief Baugh is to report more information to the Council. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read a letter from Rev. Smith of the Alliance Church requesting a water bill adjustment. There was a discussion regarding past adjustments and the fact that procedures should be set up for these matters. Councilman Cameron made a motion to reduce the water and sewer bill to what it was the previous month. The motion was seconded by Councilman Rotundo. There was further discussion regarding setting a precedent for future requests. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. The Deputy Clerk read a letter from Attorney Jefferson Clark regarding an application of Howard Ranken and She Chung Fong for annexation. Attorney Clark spoke requesting the City to annex the land in question with the understanding there would be no time requested for water being supplied by the City,and it would benefit the City. Mr. Phinney called a point of order stating the City passed a resolution establishing a one year moratorium on annexation. He requested a parliamentary decision from the City Attorney to deter- mine if the Council could even entertain a discussion regarding annexation before first rescinding this resolution. The City Attorney stated this request was a voluntary request and they were not asking for sewer and water connections at this time. Mr. Warnock spoke stating his feelings on not wanting to be annexed by the City. Councilman Cameron made a motion to deny the request for annexation which was seconded by Councilman Ledbetter. There was a lengthy discussion regarding the property in question and Mr. Abernathy spoke on the history of the land and the owners. Council Meeting 11/17/80 -2- (.) u . ....- Attorney Clark reiterated it would only benefit the City from the tax rolls and the owners were aware of the water situation. There was further discussion regarding the applicants not being Edgewater residents and the stipulations of the moratorium. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. The Deputy Clerk read a letter from Edward Sargeant regarding the revision of the Ordinance covering Horne Occupation Licenses. Councilman Cameron stated some of these licenses are being used for commercial purposes. The City Attorney agreed with Mr. Sargeant and suggested a revision of the Ordinance was necessary. Mayor Christy suggested the Zoning Board be given the Ordinance to study and present their recommendations. Councilman Wilbur made a motion to give the Ordinance to the Zoning Board for study and present their findings to the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read a letter from Raymond Sharnbora, Secretary, of the Edgewater Volunteer Fire Department regarding their slate of officers for the corning year. Councilman Rotundo made a motion to approve the elected officers for the corning year and Councilman Cameron seconded the motion. The motion CARRIED 5-0. The Mayor called for a short recess in the meeting. COORDINATORS REPORTS Councilman Rotundo - none. Councilman Ledbetter - none. Councilman Cameron - none. Councilman Wilbur - none. City Attorney Judson Woods - stated as a matter of information, according to State statutes that candidates ta~ing petitions for the election can only run for one office and take only one petition. The City Attorney stated he had contacted Mr. Osban regarding his property. Mr. Osban does not want to sell the property, however the City can lease the property for $300.00 per month. Regarding the water well site, Mr. Osban will sell the City one- half acre of land in the Northeast corner of his property for $2,500. The City Attorney requested the Council authorize him to proceed with a survey. Councilman Wilbur made a motion to authorize the City Attorney to proceed with the survey :for purchase of the one-half acre of land in question. Councilman Rotundo seconded the motion. Ms. Webber wanted to know how close this land would be to the existing well, and how much pipe would be needed. Mayor Christy stated it was approximately a mile from the existing well and it would be a lot less expensive for the City to purchase this land than to follow the recommendations of VCOG regarding obtaining water from the St. Johns River. Upon roll call the motion CARRIED 5-0. Council Meeting 11/17/80 -3- u u Deputy Clerk Susan Wadsworth - presented a petition from the City employees requesting certain sections of the recently adopted PBA contract be included with their benefits. Councilman Ledbetter stated the PBA is a separate contract and has no bearing on the City employees. Mayor Christy requested Council approval to table this consideration for further study. The Council accepted his recommendation. Mayor Robert H. Christy - requested the Council consider giving the City employees a paid Holiday on Friday, November 28th. Councilman Wilbur made a motion to declare Friday, November 28th, as a Holiday. The motion was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. The Mayor stated he had been asked by Ralph and Fred Leo if they could purchase the old drag line that is in the garage and not used any longer by the City. Councilman Ledbetter stated he felt there was not that much wrong with the drag line and could be repaired for use by the City. The City Attorney said if the Council considered selling the drag line they should obtain bids for such. Councilman Wilbur made a motion to advertise for bids to sell the drag line and have Mr. McAllister look at it for an estimate. Bids are to be returned by December 19, 1980 at 4:00 P.M. and will appear on the agenda for Council meeting December 22nd. Councilman Rotundo seconded the motion. Mr. Witzig questioned someone else needing the drag line if the City could not use it. He felt the City could use this for cleaning the lakes. Mr. Ralph Leo spoke that all they wanted the drag line for was parts since they have a similar machine. Upon roll call the motion CARRIED 5-0. RESOLUTIONS None ORDINANCES None OLD BUSINESS The bids for the trailer were reviewed and the Council discussed the various trailers and prices. Mayor Christy presented a report from Briley Wild regarding their estimate for the transfer station for $8,600 and the DER permit in the amount of $1,200. There was a discussion regarding purchasing another 20 yard truck in lieu of a tractor/trailer. Councilman Cameron made a motion to go out for bids for a 20 yard truck. The motion DIED for lack of a second. Council Meeting 11/17/80 -4- u u Councilman Rotundo made a motion to purchase the trailer for $35,178.00 from Reliable Equipment, Inc. and a tractor in the amount of $10,000 to $15,000 to haul trash and garbage. Councilman Wilbur seconded the motion. Mr. Cloer questioned the projected date for closing the Tomoka land- fill. It was stated the landfill has been extended and there is plenty of additional room available. Mr. Phinney questioned how the Council decided on the one particular trailer. Mr. Copeland stated the trailer in question could do the best job, plus it was the only one that could be paid in three equal payments with no finance charges. Mr. Kane stated he was in agreement with Mr. Cameron that another 20 yard truck would be more desirable. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Councilman Cameron voted NO. The Deputy Clerk requested Council's permission to transfer funds from the General Fund to the Garbage Fund on a due to/due from basis to be paid back. Councilman Rotundo made a motion to transfer the funds from the General Fund to the Garbage Fund. Councilman Wilbur seconded the motion. There was a discussion concerning the transfer of funds from one budget to another. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Councilman Cameron voted NO. The Deputy Clerk certified the funds were in that Department. The Deputy Clerk read a letter from the City Clerk regarding the expense the City would have to incur if the recommendation of the U.s. Post Office to delay utility notice delivery was approved. Councilman Rotundo made a motion to reject the proposal of Linna Wilkerson of the U.S. Post Office for delay of the utility notices for two days for processing. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read a letter from the City Clerk regarding Riverside Drive and the responsibility of maintaining this road. Mayor Christy requested the Council authorize him to appear before the County Council concerning their responsibility to repair Riverside Drive before it was turned over to the City of Edgewater. Councilman Ledbetter made a motion to authorize Mayor Christy to appear before the County Council concerning this matter. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Vice Mayor Rotundo took charge of the meeting as Mayor Christy excused himself. The Deputy Clerk read a follow-up request by Thomas Tipton for a request to adjust a sewer charge by $8.80. Councilman Ledbetter made a motion to grant the $8.80 sewer adjustment and Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 11/17/80 -5- . , ~ Q .. Mayor Christy returned to the meeting. AUDIENCE MISCELLANEOUS Dan Holahan spoke regarding his attendance at a recent Board of Adjustments meeting concerning conduct at the meeting. Mayor Christy requested that Mr. Holahan submit his complaint to the Board of Adjustments and not to the Council. The City Attorney stated he felt Mr. Holahan's complaint was against him and he has asked the Assistant City Attorney to continue with this particular matter.before the Board of Adjustments. He stated further that he did not appreciate 'the tone of the letter and has written Mr. Holahan a letter and considers it libelous per se. Mr. Phinney asked the City Attorney if political signs in the City had to contain the name of the Treasurer of the campaign. He stated the IVE Group has circulated documents without specifying the Treasurer. Mayor Christy suggested Mr. Phinney contact Ms. Odham of the Election Department with regard to answer for this question. Mr. Opal requested the Council rescind that part of the Sign Ordinance dealing with campaign signs. Councilman Ledbetter made a motion to rescind the section of the Sign Ordinance dealing with political campaign signs. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS The Council appointed Councilman Wilbur as F & A Coordinator since he took the place of the previous coordinator. Councilman Rotundo made a motion to appoint Councilman Ledbetter as Acting Mayor, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Mayor Christy stated the City needed a Code Enforcement Board. The City Attorney recommended the Council authorize an Ordinance putting the Board into effect. Councilman Cameron made a motion to instruct the City Attorney draft an Ordinance establishing a Code Enforcement Board. Councilman Wilbur seconded the motion. Mr. Cloer questioned if this board would be like a "kangaroo court"? Mr. Phinney asked the City Attorney to include in the By Laws for this board in order to remove anyone from the board there must be written charges and a public hearing. The only exception for this rule should be for excessive absences. There was a discussion regarding what was stated in the City Charter and what is specified in the State Statutes. Frank Opal questioned the fact that he had been removed illegally from a board and wanted to know the Statute number the Mayor had quoted. There was a brief discussion regarding this matter. Upon roll call the motion CARRIED 5-0. Council Meeting 11/17/80 -6- . . ADJOURN u o Councilman Rotundo made a motion to adjourn and Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Patsy L. McCann ATTEST: OJ Ci~ APPROVED THIS - NOVEMBER, 1980. ~ -~::; ~/ ~~-<~ Mayor I ~:r. 02~/ ~DAY Council Meeting 11/17/80 '-- ----- Councilman Councilman OF -7- ~ ~ F