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11-10-1980 - Regular \~\ ~ \) ,,') C / --../ ... .,' " CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November 10, 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 Present Present INVOCATION The invocation was given by Rev. Hardin. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to adopt the minutes of the Regular Meeting of November 3rd, which was seconded by Councilman Rotundo. Upon roll call the motion CARRIED 5-0. Councilman Wilbur made a motion to adopt the minutes of the Special Meeting of November 5th (4:00 P.M.)and it was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to adopt the minutes of the Special Meeting of November 5th (7:30 P.M.) and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Wilbur made a motion to approve the bills and accounts for payment and Councilman Rotundo seconded the motion. The Mayor questioned bills for pipe fittings and meter repairs and Councilman Cameron questioned a bill for the new fire house. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS Mayor Christy, as a matter of information, read from the Code of Ordinances Section 2-24(b) regarding order and decorum at Council Meetings; Section 2-29 regarding a three minute limitation on speeches; and Section 2-30(a) regarding members maintaining order and decorum at meetings. u ~ Mr. Clay Henderson, attorney for the CER, addressed the Council regarding the the recently passed referendum. He stated it was the opinion of the committee that the Council should proceed immediately on the three basic issues; when to call a special election; whether to elect three or five members of the Council and setting a date for the election. Mr. Phinney called a point of order in that Mr. Henderson had gone beyond his three minute time allowed. The Council waived the time allotment for Mr. Henderson and he continued. Mr. Henderson stated it was the CER's recommendation that it would be in the best interest of the City to hold a special election for only three more of the Council members (Mayor and two Councilmen) since two were elected on November 4th. There was a discussion regarding holding the election and the number of positions to be re-elected. Councilman Ledbetter made a motion to set a special election with the campaign petitions to be submitted no later than November 21st at 4:30 P.M., the primary election to be held December 16th and the special election to be held December 30, 1980, leaving one day for installation. The motion DIED for lack of a second. There was further discussion regarding the best interest of the people of Edgewater. Councilman Cameron made a motion to set an election for four Councilmen and the Mayor to be put off until the middle of January and this was seconded by Councilman Rotundo. The City Attorney reminded the Mayor and Council the referendum called for the election to be held during 1980. A lengthy discussion followed concerning the intent of the people and the interpretation of the referendum. Upon roll call the motion DID NOT CARRY 3-2. Councilman Rotundo and Councilman Cameron voted YES. There was further discussion regarding holding the election and time frame of 1980 specified in the referendum. Councilman Ledbetter made a motion there be a special election held for the Mayor and four Councilmen, petitions to be submitted no later than November 21st at 4:30 P.M., the primary election to be held December 16th and the special election held December 30, 1980, with the swearing in of the candidates to be held December 31st. Councilman Wilbur seconded the motion. Mr. Vasquez stated the resolution was in violation of the City Charter. The City Clerk requested the petitions to be submitted no later than November 24th for administrative details. Councilman Ledbetter and Councilman Wilbur stated this date change was acceptable. Upon roll call the motion CARRIED 5-0. Mr. Henderson questioned whether there would be a resolution to cover the special primary .and general elections. The City Attorney read Resolution No. 80-R-191. Council Meeting 11/10/80 -2- o o A RESOLUTION CALLING FOR A SPECIAL PRIMARY ELECTION AND SPECIAL GENERAL ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA ON DECEMBER 16, 1980 AND DECEMBER 30, 1980, RESPECTIVELY, FOR THE PURPOSE OF ELECTING COUNCILMEN FOR ZONES 1, 2, 3, AND 4, AND A MAYOR, FURTHER DESIGNATING THE VOTING PLACE AND TIMES FOR SAID ELECTIONS; DIRECTING THE CITY CLERK TO PUBLISH THIS RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the Resolution as read. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Linna Wilkerson of the U.S. Post Office regarding utility notice delivery and requesting a two day delay in delivery to process the notices.to save the taxpayers money. There was a discussion regarding changing the ordinance governing this delivery and also the changes that would be required for the computer. The Council agreed this matter should be discussed at an upcoming workshop and instructed the City Clerk to obtain cost figures for any conversion of this nature. The City Clerk read a letter regarding Susan Wadsworth and her invaluable service to her and the City during the past City election. It was stated the letter be placed in Ms. Wadsworth's personnel file. The City Clerk read a letter from JoAnnSikes, .a.melnber" of.the Election Board, in appreciation of the EVER Rescue members and their help to the elderly and handicapped during the past election. A Horne Occupation License request for James Rogers for a clam and oyster business at 2615 Yule Tree was presented for the second time. Mr. Rogers was still not present for comment or questions. Councilman Cameron made a motion to deny the license request and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. A Horne Occupation License request was read for Mr. Norris and Mr. Bottom for phone calls regarding fence building at 110 Louisa. Councilman Rotundo questioned Mr. Norris and Mr. Bottom if there would be fence stored at the home. They answered it would not. Councilman Rotundo made a motion to grant the license and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter regarding setting a date for a proposed use hearing for Federal Revenue Sharing Funds. Councilman Wilbur made a motion to set the recommended date of November 24th for a proposed use hearing for Federal Revenue Sharing Funds and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo - none. Councilman Ledbetter - none. Council Meeting 11/10/80 -3- u u Councilman Cameron - none. Councilman Wilbur - none City Clerk Nancy Blazi - none. Mayor Robert H. Christy - requested the City Attorney to get in touch with Mr. Osban of Triangle Services in regards to the 1% annual franchise fee due the City from 1975 through 1978 which he has not paid. The City Attorney requested at least two weeks time to get an answer on this question. RESOLUTIONS None ORDINANCES None OLD BUSINESS Mayor Christy reported on the meeting with the Department of Environ- mental Regulation on November 5th which he, the City Attorney and the City Clerk attended. He was also given a directive from the DER concerning no burning permits be issued in the area, which he has informed the Fire Department. Mayor Christy stated the trash situation has become a very real and immediate problem that must be solved by the Council. There was considerable discussion and suggestions on how to solve the City's problem regarding the garbage. Councilman Ledbetter made a motion to have the City Clerk write a letter to Briley, Wild & Associates to begin plans for the development and construction of a transfer station and to submit estimated costs. Councilman Wilbur seconded the motion. There was further discussion stating there was no money in the budget for this project. It was also stated there was no surplus money from last years budget. Upon roll call the motion CARRIED 4-1. Councilman Cameron voted NO. Regarding the bids for the new trailer, Councilman Ledbetter made a motion to table the discussion until a workshop could be held to discuss this matter. Councilman Cameron seconded the motion. There was more d~scussion and questions on the garbage/trailer matter. The Council set a workshop meeting date of November 11th at 4:00 P.M. to discuss this matter. The City Attorney reminded the Council that they should not delay action on the garbage matter because of the fine that could be imposed on the City by the DER if some decision is not made promptly. f Council Meeting 11/10/80 -4- I I , u u Mrs. Opal questioned the Council as to how the City got into the mess with the garbage and who put the City there. . Mayor Christy stated the Council has been aware of the problem for sometime. There was further discussion by Mr. Cochran, Mr. Witzig, Mr. Cloer and Mr. Demuch with suggestions and questions concerning the DER.and solving the problems with the garbage. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Opal questioned the Council as to why his money for a bond during the election hasn't been returned to him. He applied at City Hall last week and the check was not ready to give to him. The City Clerk stated the money was being held in an escrow account and was being prepared through normal office procedures. Mr. Phinney questioned the City Attorney for his opinion concerning the authority of the Mayor to evict Council members from a meeting. The City Attorney read from sections of the Code of Ordinances, and McQtiillans, an authority on Municipal Law, and then stated his opinion that no member should be expelled from a meeting with less than 2/3 quorum vote of the Council (three votes of the Council to act) . Ms. Taylor stated that 700 or 800 votes on the last election were not cast for Councilmen outside the district they live in mostly because they are unaware they are allowed to do so. She suggested the Council inform the voters of their right to vote outside their district in future elections. Mr. Pilch suggested the City issue a proclamation to curtail residents from any unnecessary addition to the garbage situation, such as yard trimmings, etc. until a solution has been found. Mr. Cloer suggested the City add notices attached to their water bills concerning voting outside their district or asking their help in reducing the amount of garbage. Mr. Vasquez questioned the City Attorney if Councilman Wilbur was sworn in and if so what he was doing on the Council on this date since it was not the last Monday of November. The City Attorney stated Councilman Wilbur was elected under the old Charter. The amendment had to be received by the Secretary of State. Mr. Lodico stated that since there are no trucks allowed on Magnolia and Riverside in New Smyrna the trucks on Riverside Drive in Edgewater are getting to be a problem. The Chief stated this was happening and perhaps need a sign to deter this from happening. Mayor Christy requested a research to see who is responsible for maintaining this road. The City Clerk will give a report. NEW BUSINESS None Council Meeting 11/10/80 -5- , , <.) o ADJOURN Councilman Ledbetter made a motion to adjourn the meeting and Councilman Cameron seconded the motion. The meeting was adjourned. Patsy L. McCann ~. Minutes submitted by: , -r :m !-k-"", ~ ~. - v "J F-- ~ ~~{(f(a~e~- . Councilman ATTEST: n ,J!~..~ Ii ;7;;_/:~.~ y/ j/ftu~fJ- ty ClerY -af ~ APPROVED rnIlS I 7 - DAY OF V~~9B% Mayor Council Meeting 11/10/80 -6- ~ 0 n fg~ n'tl CP~c tl:l w n v~ :t>'n ~ o~ H 0 tx:lO " . 'tl t"1 ~ H '-. no en ::u 1Otx:l ::UUl ~~ C 111 1-3 '-:. I-3C ~1-3 " ~tx:l 'tl fg cn I::rj I-< HZ 0 tx:lH ITjH 01-3 () I::rj on ~I::rj~ Ul Ul ~~ HZ ~t<:l tl:l :t>' en Ul ZH ~~ H . nG) 0 ::u I::rj , t"1 1-3 Ul ~ Z 0 0 ~ 1-3 I H 1-3 ~ en 0 C> 0 H Z ~ I~~ ~~ ~~ ~ 'e...r--cJ /!I~ :s: ~I~ ~~ Ir' \"- '~/:d~4ht e ..r- () ~~ ,,, n~ ~/~ /0/ Ul 1), 0- f-o /" ._. t: ~~~ tl:l ct.. -':>--0 H ~. t"1 t"1 'Ul I ~~ ~ 0''''-0/77 I (!.,,5: 0 t"1 A. ,--' ........ 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