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11-03-1980 - Regular II u o (fJ-l-A . ,: CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November 3, 1980 CALL TO ORDER ~ ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Present Excused Present Present INVOCATION The invocation was given by Rev. Canova of the Edgewater First Baptist Church. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cameron made a motion to adopt the minutes of the Special Meeting of October 22nd and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO since he was not present at the meeting. Councilman Ledbetter made a motion to adopt the minutes of the Regular Meeting of October 27th and Councilman Rotundo 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 Cameron seconded the motion. There was a brief discussion questioning some of the bills for clearing the land for the new fire house and materials for the new fire house. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from Thomas Tipton regarding a request for sewer charge adjustment. She presented a computer print-out of past charges_which were reviewed by the Council. Councilman Asting made a motion instructing the City Clerk to write a letter to Mr. Tipton asking what amount of money he is requesting for relief. The motion was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Robert Cloer stating his resignation from the Board of Governors. o Q Councilman Cameron commented on the fact that it is a shame that we have to lose people that will donate time with no pay because of no cooperation with the mayor. There was a brief discussion from the audience regarding the reasons for the resignation. Councilman Asting stated he regreted Mr~ Cloer's resignation. Councilman Ledbetter made a motion to accept Mr. Cloer's resignation and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Cameron and Council- man Asting voted NO. The City Clerk presented a Home Occupational License request from Mr. James Rogers for a clam and oyster business. Mr. Rogers was not present to answer questions from the Council. Councilman Rotundo made a motion to table the license request until Mr. Rogers could be present to answer questions. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Merit Board requesting the appointed -City employee Merit Board member receive compensation for time spent attending these meetings. Councilman Asting made a motion to grant this request for compensation and Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk presented a letter and evaluation/performance forms from the Merit Board, to be used by all City employees, for approval. Councilman Rotundo made a motion to accept both forms to be used by all departments, with the changes indicated, and Councilman Cameron seconded the motion. Mr. Bill Phinney questioned if the employees themselves had approved the forms for use. The City Clerk stated the old forms did not give the supervisors a chance to evaluate the employee properly, were much too general and many employees complained about the structure of the old forms. Mr. Robert Witzig questioned what recourse did the employee have if they disagreed with the evaluation. The City Clerk stated the employee had the opportunity to review the form with the supervisor and could go to the Merit Board if they did not think the evaluation was accurate. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo - none. Councilman Ledbetter - none. Councilman Cameron - none. Councilman Asting - none. City Clerk Nancy F. Blazi - read a letter received from Betty Richards in appreciation of the great job done by Earl Copeland, Art Bailey, Mary Hines, Gloria Greenwood and Marty LeClaire for cleaning the pond between 16th and 17th Streets. A copy of this letter is to be put in each person's personnel file. Council Meeting 11/3/80 -2- r. . . Q (.) ~ Mayor Robert H. Christy - none. RESOLUTIONS The City Clerk read Resolution 80-R-185. A RESOLUTION GRANTING A SPECIAL EXCEPTION TO BARBARA BOURDEAUDHUI FOR THE PURPOSE OF THE CONSTRUCTION OF AN APARTMENT COMPLEX ON CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AND FURTHER APPROVING THE PROPOSED SITE PLAN FOR SAID COMPLEX; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt the Resolution as read and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read Resolution 80-R-186. A RESOLUTION GRANTING A VARIANCE TO THURMAN M. HOUGHTON FOR THE PURPOSE OF ENCLOSING A CARPORT 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 Cameron made a motion to adopt the Resolution as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read Resolution 80-R-187. A RESOLUTION GRANTING A VARIANCE TO ROBERT WEBSTER FOR THE PURPOSE OF CHANGING TEN RESIDENTIAL LOTS INTO SIX BUILDING LOTS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt the Resolution as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None OLD BUSINESS Mayor Christy requested Ordinance 80-0-65 be brought before the Council for consideration of an amendment. He recommended the Council request a building permit of $5.00 before construction under $500 begins. This action would eliminate unnecessary violations. Councilman Ledbetter stated it appears the Ordinance contradicts itself and perhaps we need a new ordinance. Councilman Asting made a motion to have Ordinance 80-0-65 referred to the Building Code Board for their recommendations. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 11/3/80 -3- , ~ < . . ~ o Mayor Christy stated the report from the Attorney on the Holahan matter would be postponed for another week since he was absent. Councilman Asting made a motion to turn the matter over to the Building Code Board and Councilman Cameron seconded the motion. Dan Holahan spoke, reading the letter he had received from the Building Official as official notification giving him 60 days in which to answer the complaint. He stated he felt this notification was legally binding, actually a unilateral option contract, which he would answer within the time limit given. He stated he would resist in court any effort to change the terms of the contract. Councilman Rotundo questioned if the matter had ever been before the Building Code Board. Mr. Pilch, a member of the Building Code Board, stated it had not been brought to the Board and he had presented the original letter to Mr. Murphy, the Building Official. . Upon roll call the motion DID NOT CARRY 3-2. Councilman Cameron and Councilman Asting voted YES. AUDIENCE MISCELLANEOUS Mr. DeMuch stated he felt he did not get much help from the City's officers. He questioned what they had done to get the flood level lowered to 7 foot, as the neighboring City had done. Mayor Christy stated many letters and discussions had been held asking for this relief. We are waiting for the reply to our request at this time. Mr. Walter Gross questioned the referendum on the ballot for voting November 4th, is it true that in no way the Council could change the referendum. Also, new election for new members would be held in the normal procedure. Mayor Christy stated that the Council could in no way change the referendum and it could be that there would be another election for a mayor and four councilmen. Councilman Cameron reiterated the twenty-four alleged violations by a local contractor. He felt the matter should be in the Building Code Board's hands, and not those of the Building Inspector. Mayor Christy declared Councilman Cameron out of order. He stated any further continuance would result in the Councilman being escorted from the meeting, according to State Law 80-871-01. He requested Police Chief Baugh to escort Councilman Cameron from the meeting after two warnings. Mr. Frank Opal called a point of order. He reminded the Mayor he could not ask a Councilman to leave the meeting. Mayor Christy stated he did have the authority to escort anyone from the meeting. The meeting continued. NEW BUSINESS Ordinance 80-0-50 - Section 5-8, animals defecating, urinating on public or private premises prohibited. Mayor Christy stated he had received a complaint regarding dogs in the cemetery. Anyone with a complaint should call the Police Department. The City Clerk requested authority from the Council for the Mayor to sign the new PBA contract. Council Meeting 11/3/80 -4- ,. (.) Q .. Councilman Rotundo made a motion to enter into contract with the PBA and authorize the Mayor to sign the contract. Councilman Ledbetter seconded the motion. Councilman Cameron stated he wanted to inform everyone that not only did the Police Department get their cars back but they were going on a twelve hour shift, getting a pay increase through overtime. Councilman Ledbetter stated they were not going on twelve hour shifts, but that they did have the option to do so. Upon roll call the motion CARRIED 4-1. Councilman Cameron voted NO. ADJOURN Councilman Rotundo made a motion to adjourn the Ledbetter seconded the motion. The meeting was Minutes submitted by: Patsy L. McCann a ~ ~ fJa~~___ a~cilman _\,~/:/;td- Coun ilman 'v ATTEST: ~t~~. City ~le k j:::-r0 APPROVED THIS / tJ - DAY OF NOV~ER'. ~~ ~p, )~ Mayor -:- Council Meeting 11/3/80 -5- Councilman re r ~~ #- F