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10-27-1980 - Regular -.,... .. . ~.A.(, u u ;,a.. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 27, 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 Present Present Present INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to adopt the minutes of the Public Hearing of October 15, 1980 and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Cameron made a motion to adopt the minutes of the Regular Meeting of October 20, 1980 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 and accounts for payment and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS Councilman Asting submitted a copy of a letter with attachments from Charles Murphy, Building Official to Dan Holahan requesting proof within 60 days that he was in fact the contractor on the subject building permits. He stated the illegal building activities went back as far as 1977 and was just now being brought to the contractor for reply. Mayor Christy stated Councilman Asting was out of order. Councilman Asting stated he had the floor. City Attorney reminded the Mayor that Councilman Asting had the right to speak. Councilman Asting continued, making a motion that the matter be turned over to the Building Code Board for investigation and that the Board submit its findings and recommendations to the Council as soon as possible for disposition. Councilman Cameron seconded the motion. \ ~ u <.) ,~ There was further discussion regarding the length of time involved in the matter. The Building Official was not present at the meeting to answer questions. Mayor Christy stated he felt Mr. Holahan should have the 60 days in which to answer the complaint. He said 60 days was a reasonable time since there were other cases pending on which no action had been taken. Mr. Dan Holahan spoke that he had been legally served with the complaint and he intended to respond within the 60 days given to answer. He considered the action tonight both unnecessary and improper since it was a matter of the Building Code Board. Mayor Christy questioned the attorney regarding the interference by the Council before the 60 days had elapsed. The City Attorney stated he would research the matter of legality and would give an opinion at the next regular meeting, November 3rd. Mr. Dietz stated that since the charges have been going on since 1977 it would appear that the time element was insignificant. Upon roll call the motion DID NOT CARRY 3-2. Councilman Asting and Councilman Cameron voted YES. The City Clerk read a letter from the Board of Adjustments regarding a special exception for Robert Howard requesting approval of the submitted site plan. She also read a letter from the Zoning Board recommending approval of the plan. Councilman Cameron made a motion to table the approval of the plans for further study. The motion DIED for lack of a second. Mr. Howard explained the site plan to the Council and audience and answered questions. Mr. Walter Gross asked if there were going to be septic tanks in the proposed units and he was told it would have City utilities. Councilman Rotundo made a motion to approve the site plans as submitted. Councilman Asting seconded the motion. Mr. Opal questioned the lights for the project. Mr. Howard stated there would be outside lighting in the working drawings and would be low intensity directional lights. Upon roll call the motion CARRIED 5-0. The resolution will be prepared. The City Clerk read a letter from the Department of Environmental Regulation concerning an open burning violation by the City of Edgewater. It stated the City was to respond to the violation within ten days. Mayor Christy indicated he had already been in contact with Mr. Darling of the DER regarding the letter and requested permission from the Council for the City Clerk, Attorney and himself to meet with the DER to answer the complaint. Councilman Ledbetter made a motion to authorize the Mayor, City Clerk and Attorney to set a meeting with the DER to answer the complaint. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Board of Adjustments concerning a variance requested by Mr. Houghton for a six (not seven as indicated in the letter) foot variance on the front setback (not side setback). Councilman Ledbetter made a motion to approve the variance and Council- man Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney will prepare a resolution to this effect. Council Meeting 10/27/80 -2- . ~ ~ The City Clerk read a letter from the Board of Adjustments concerning a variance request from Mr. Webster. Councilman Rotundo stated he had attended the Board of Adjustments meeting where both the Houghton and Webster variances had been discussed and a lot of work had been put into these requests. Councilman Rotundo made a motion to approve the variance for Mr. Webster and Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney will prepare a resolution. The City Attorney read a letter from the Industrial Development Board in appreciation for the Advisory Board Dinner held September 12th, and also thanking City Clerk, Nancy Blazi and staff for the effort they expended in hosting this event. Mayor Christy suggested a copy of this letter be placed in Ms. Blazi's personnel file. COORDINATORS REPORT Councilman Rotundo - none. Councilman Ledbetter - none. Councilman Cameron - none. Councilman Asting - none. City Clerk Nancy Blazi - submitted a letter from the County of Volusia requesting signatures on the First Amendment to Agreement with the greater Edgewater Fire District. Councilman Rotundo made a motion to approve the Mayor and City Clerk signatures on the First Amendment to Agreement. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk stated she had received the completed contract for the PBA for final review and requested the Council set a meeting. This closed meeting was set for 4:00 P.M. Thursday, October 30th. Mayor Christy - reported on his trip to Bal Harbour. He felt the major items covered included the Attorney's meeting, computers, exibits for the sewer and water departments, city financing and especially the endorsements by the Florida League of Cities to go before the Legislature. He spoke on the press conference concerning the Federal Revenue Sharing and the fact that most cities included this money into their budgets and was glad that Edgewater only included money already received. RESOLUTIONS The City Attorney read Resoltuion 80-R-182. A RESOLUTION APPOINTING ROBERT T. CLOER TO THE EDGEWATER BOARD OF GOVERNORS, OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt the resolution and Councilman Asting seconded the motion. Mayor Chirsty requested Mr. Cloer meet with Mr. Al Blazi, Supervisor of Parks and Maintenance. Mr. Cloer requested to speak to the Council. Mayor Christy stated there was a motion on the floor. Council Meeting 10/27/80 -3- . v u Upon roll call the motion CARRIED 5-0. Mr. Cloer said that he felt it would be impossible to serve the City where the presiding officer of the Council is prejudice to_ the point of irresponsibility. He also doubts that any plan that does not meet with the express approval of the Mayor, no matter what the wishes of the citizens, will ever be approved short of a debate. He indicated his resignation would be forthcoming. ORDINANCES The City Attorney read Ordinance 80-0-75 by title only. AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE GARBAGE/SOLID WASTE SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1981 TO THE VARIOUS ITEMS OF THE GARBAGE/ SOLID WASTE SYSTEM BUDGET; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the Ordinance as read and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. The City Attorney read Ordinance 80-0-76 by title only. AN ORDINANCE REPEALING ORDINANCE 110 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance 80-0-77 by title only. AN ORDINANCE AMENDING SECTION 707.00, APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA PERTAINING TO THE ERECTION OF ACCESSORY BUILDINGS, UTILITY SHEDS AND DETACHED GARAGES, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance as read and Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS Fulton - request for water/sewer bill reduction. The City Clerk read from the City Code, Section 19-4, stating there would be no service rendered free of charge whatsoever. Councilman Rotundo questioned the City Attorney would this decision set a precedent for future requests. The City Attorney stated each case could be treated on an individual basis. Councilman Rotundo made a motion that the Council reduce the bill by 'the amount of the excess sewer overage. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 10/27/80 -4- -- , . v o Montesano - license complaint. The Council is still working on this and the City Attorney will render an opinion on November 3rd. Water Treatment - the City Clerk read a statement from the Water Department for Council information detailing the addition of chlorine and lime into the City water. It was stated the City is governed by the State on the addition of chemical s to the water. There has been no proof in studies conducted that chlorine in the water causes cancer. AUDIENCE MISCELLANEOUS Mr. Montesano - wanted to know why the City Attorney was checking into a license complaint against him when last week he was told he was under the "Grandfather" law. The City Attorney stated he had never had a license to paint at his location and he would only need to apply for one to be in compliance with the law. Mr. Montesano stated he would not apply for a license and that he would retain a lawyer. He said the Council, Mayor and Attorney did not know what they were doing. He said the Mayor turned him in to the Building Inspector. The Mayor said Mr. Montesano should be able to prove his accusations. After a heated discussion and three warnings by Mayor Chirsty, Chief Baugh was requested to escort Mr. Montesano from the meeting. Mayor Christy quoted Florida Statutes 871.03 and 877.03 covering his actions. NEW BUSINESS None ADJOURN Councilman Rotundo made a motion to adjourn and Councilman Ledbetter seconded the motion. The meeting was adjourned. Patsy L. McCann ~j coillTcilman J /-'l---.--%~~ dL~ (..../'CouncJ..lman ~ ~ -;)ftfJlD LJ. Counci man Minutes submitted by: ATTEST: ~~. APPROVED'::'THIS .J M ( ~ NOV~MB~.R~~~1.9. 80. ~ ~ "" - ~Y:." ~_6 ..~' '>- Mayor C~k DAY OF Council Meeting 10/27/80 -5-