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10-13-1980 - Regular --- - I u (.) . -;.- CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 13,1980 CALL TO ORDER The regular meeting of the City Council of the City of Edgewater was called to order by Mayor Christy, Monday, October 13, 1980 at 7:00 P.M. in the Edgewater Community Center. 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 Given by Rev. Smith SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion to approve the minutes of the October 6, 1980 Regular meeting and Public Hearing, being seconded by Councilman Ledbetter. Upon roll call vote the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion to pay the bills, being seconded by Councilman Cameron. Mayor Christy questioned a couple of bills, which were explained to him as being for work done on the new fire house. He also questioned the purchase of more lime for the water plant. Councilman Asting stated that if we want our water treated, we have to buy the chemicals. Upon roll call vote, the motion to pay the bills CARRIED, 5-0. u Q The City Clerk brought a bill to the Council's attention which was actually for a May purchase. The bill was from Winn Dixie for some film purchased by the Police Department, and was given to City Hall this past week. Councilman Asting made a motion to pay the bill, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED,5-0. COMMUNICATIONS The City Clerk read a recommendation from the Zoning Board in regards to a commercial building at the corner of U.S. 1 and Thomas. The site plans for this project were checked and approved by the Building Official, Water and Wastewater Depart- ments and the City Planner. The plans conform to all set backs and specifications for the B-3 area. After discussion with Mr. Phinney, a Zoning Board member,and the City Attorney, Councilman Rotundo made a motion to accept the recommendation of the Zoning Board to approve this proposal, being seconded by Councilman Cameron. Upon roll call vote, the motion CARRIED,5-0. The City Clerk read a letter from the Zoning Board requesting that the Council contact the County and ask them to keep the City of Edgewater up to date on County zoning changes, especially as it relates to areas that are contiguous to Edgewater. Mayor Christy stated that according to Dr. Kelley this information has been sent to the City. He does not know what has been done with it however. Mr. Phinney spoke to the Council tn regards to this, explaining that the boards should be kept abreast of what is going on. After more discussion it was decided that the City Clerk should wri,te a letter to the County asking for this zoning information and the zoning laws, also we should find out about any subdivi- sions that have been applied for or approved near this area. The City Clerk read a letter from the City of New Smyrna Beach in regards to the growth on the south side of the Gabordy Canal. Mayor Christy explained that he has been down to the area to see what the problem is. He then went to speak with Mrs. Beckham and she also looked over the area. They could not understand what the complaint was unless perhaps someone meant the large tree that is growing in the median, which is going to be taken care of. There was no action taken on this communication. The City Clerk read the letter from Mr. and Mrs. Miller discussed at last week's meeting. The letter commended Department, and asked that the City continue the system proved so valuable to the citizens. which was the Police which has Mrs. Miller thanked the Council for reading her letter. no further discussion or action taken. There was The City Clerk read a letter from Edward M. Boling commending Officer Fleischmann and Salmon for their assistance during his travel from Ft. Pierce to New Smyrna Beach when he ran out of gas. A copy of this letter is to be put in the officer's personnel file. Council Minutes 10/13/80 -2- u - u The City Clerk read a letter from David M. Rustin commending Officer Lenz for his assistance upon the death of his mother. He stated that this type of assignment is difficult and shows the characteristics of a superlative officer to handle it the way it was done. He also wanted to thank Kimberly (dispatcher) for her help. The City Clerk read a letter from David Barnhart requesting that he be considered for the position left open by Officer Warren's departure from the Police Department. Mayor Christy stated that this should be turned over to the Chief. Councilman Cameron stated that this was discussed last week with the Chief, he made a motion that this man should be put on as a full time employee and serve on the probationary period for the Chief's consideration. Councilman Asting seconded the motion. There was more discussion about this. Chief Baugh spoke to the Council, basically he is willing to put the man on the probationary period; he has discussed this with Mr. Barnhart. Councilman Ledbetter stated that there seems to be reluctance about hiring this man, and he feels this should be brought out in the open and disucssed at the workshop meeting tomorrow. There were comments from members of the audience, Mr. Garthwaite, Mr. Witzig, Mr. Nichols, all who felt that the hiring of employees should be left up to the Department Heads. Also, the Merit Board is the place to go with a grievance, if the man wants to know why he has been passed over. Mayor Christy stated that the Council approved the Rules and Regulations for the Police Department. This man should be reprimanded for going over the Chief's head, and not going by the proper procedure. He added that this is not a Council decision; the Department Heads are all trained in their certain fields and should be allowed to run their departments. Upon roll call vote on the motion, it DID NOT CARRY. 2-3. Councilman Rotundo, Councilman Ledbetter and Mayor Christy voting NO. Councilman Ledbetter stated that he voted no; however he still wants this all aired out at the workshop meeting. Councilman Asting stated that the man should not have had to come to the Council; he has been passed over and should be given a chance. COORDINATORS REPORTS The City Clerk asked if the Fire Chief could speak to the Council at this time. Mr. Severance spoke to the Council in regard to the money in the 1979-80 Fire District budget. He explained that the money not spent is carr~ed over into the next year's budget. He also ex- plained that he wantsto purchase some more bunker equipment and would like the Council to authorize the City Clerk to sign three purchase orders which will be over $1,000.00. The City Attorney advised Mr. Severance that he should be soliciting prices in order to get the best prices. Mr. Severance explained that he has been doing this. Council Minutes 10/13/80 -3- Q Q Councilman Asting made a motion to authorize these purchases, being seconded by Councilman Rotundo. The motion CARRIED, 5-0. Mr. Severance told the Council and members of the audience about the Field Day that they participated in. The City of Edgewater Fire Department came in second. Councilman Rotundo - no report. Councilman Ledbetter - no report. Councilman Cameron - no report. Councilman Asting stated that he received the figures on the gasoline for the month. .900 gallons of gas has been saved since we did away with the Indianapolis Plan, which amounts to about $900.00 in three weeks. Mayor Christy read a request from the City Clerk for authorization along with the City Attorney,the Accountant and Mayor to attend a meeting with the County on October 16th and make whatever changes are necessary to assure the City of the advalorem taxes anticipated in the 1980-81 budget. Councilman Asting made a motion to allow the City Clerk to make the necessary adjustment, being seconded by Councilman Rotundo. Upon roll call vote, the motion CARRIED, 5-0. Mayor Christy read a letter in regards to the 208 Water Quality programs. He stated that this was .given to the City Planner and was never taken care of. The City Clerk stated that this was turned over to the Water and Wastewater Departments; she will look into seeing that it is done. Councilman Rotundo stated that we should go out for applications for a City Planner. There was discussion about the applications that are on file from the last time we advertised. Councilman Rotundo made a motion to advertise for a City Planner at the salary that Mr. Hurley was making when he left, being seconded by Councilman Asting. Upon roll call vote the motion CARRIED, 5-0. Mayor Christy stated that he works in City Hall during the day, and when he needs a xerox copy he does not want to have to wait for it to be made by one of the girls. He can fill out the forms and from now on he will. Councilman Asting reminded the Mayor that the Council established a procedure for economical reasons; one person should handle this. Mayor Christy agreed that this could be left as it is for the time being. RESOLUTIONS None Council Minutes 10/13/80 -4- 1 u Q ORDINANCES The City Attorney read Ordinance 80-0-71 by title only. AN ORDINANCE AMENDING SECTIONS 19-11 (1) AND 19-12(1) AND 19-12(3) (a) BY INCREASING THE RATES FOR WATER CONSUMPTION TO CERTAIN USERS WITHIN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Cameron. Upon roll call vote the motion CARRIED, 5-0. The City Attorney read Ordinance 80-0-72 by title only. AN ORDINANCE AMENDING SECTION 19-63(a)(1),(2),(3),(4) AND (5) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY PROVIDING FOR AN INCREASE IN THE RATE FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH FOR THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR ~ARTS OF ORDINANCES IN CONFLICT HERE- WITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt this Ordinance, being seconded by Councilman Asting. Councilman Rotundo stated that the rates are too low. Councilman Asting stated that he feels that Mr. Ledbetter should know better than anyone whether this will work, this is his area. Councilman Ledbetter stated that the department can live with this, if the rest of the Council does not agree, they can change it. Mayor Christy explained that he understands that the City is going to be served with a summons for burning at the garage now. We have to get a trailer to haul this trash. This budget as it is does not have any money included for this expense. Upon roll call vote, the motion CARRIED, 3-2. Councilman Rotundo and Mayor Christy voting NO. The City Attorney read Ordinance 80-0-76. (First reading) 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 FOR AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Ledbetter. Upon roll call vote the motion CARRIED, 5-0. Council Minutes 10/13/80 -5- u 0 The City Attorney read Ordinance 80-0-77. (First reading) 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, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED, 5-0. OLD BUSINESS The City Attorney explained that additional members for the Merit Board should be decided by a referendum since the Merit Board was set up by a referendum. This will have to wait a while. As far as the appendix to the Merit Board Ordinance. He will try to revise.this and do it by Ordinance. He would like to meet with the Merit Board to go over some of the provisions. There was no action taken by the Council. AUDIENCE MISCELLANEOUS Mr. Garthwaite asked Councilman A~ting about the gasoline that has been saved this month. He asked if this took into consideration the fact that we are one patrolman short? Councilman Asting stated that the Chief assured the City Council that the patrols were to remain the same, so this should be accurate. Mr. Garthwaite questioned all of the Council members about the item that is on referendum about holding a special election for the entire Council. He wanted to know if any of them would fight it if it passed, and if so whose funds would they use for legal expenses. Mayor Christy stated that he would not fight it, he is all for it. Councilman Rotundo stated that he would fight it; he was elected for two years, and since he is a Councilman he would use the City Attorney's services. Councilman Ledbetter stated that he would not fight it. Councilman Cameron stated that he would see his attorney; he feels that this is a way around a recall. He would use his own money for his attorney, however he would also like the opinion of the City Attorney. Councilman Asting stated that Mr. Woods' opinion was that it would wipe out the up coming election, however he is still looking into it, because such a situation has never before arisen. He added that ff he was elected he might fight it, and he would use his own money for his expenses. Mr. Montesano spoke to the Council about his being notified that the Building Official had received complaints on his paint and body work. He was not told the name of the person complaining about him, and he demanded to be given the name. There was quite a bit of discussion about this matter. It was explained to Mr. Montesano that if he feels that he is being Council Minutes 10/13/80 -6- v u discriminated upon by the Building Official's actions, he has the right to go to the Board of Adjustments and Appeals with this. Attorney Woods stated that the Building Offidial has been given the authority to enforce the zoning laws and the Council should go by what he says. Mr. Montesano also said that he has reported a trailer being parked about five feet from the road on someone~s lot. He wants to know if there is an Ordinance on such as this, or is it what- ever the officer thinks at the time? Chief Baugh stated that this is the first he heard of this, but he will look into it. Councilman Ledbetter stated that he told the Chief about this about two weeks ago. There was more discussion on this, the Chief of Police was asked to come back to the Council with a written report on this. Mr. Witzig spoke to the Council that he feels it is a shame that the Community Center is not packed by interested citizens as it was for the political meeting last week. Mr. Cloer spoke to the Council about the laws regarding fence requirements; he feels that some of these laws are not up to date. Councilman Asting stated that any citizens who feel that certain Ordinances are out of date and should be changed, if they bring a particular Ordinance to his attention he will take it to the Council and they will see about some changes. Mr. Phinney spoke to the Council about the need for a Charter Review Commission and perhaps a City Manager Search Committee could be included. Councilman Cameron stated that he thinks this idea has much merit. He asked the City Attorney about the establishment of a committee. The City Attorney stated that with all of the changes in the State and City Ordinances, this would be a good idea and a committee could be set up. Mr. Montesano spoke again about the City Ordinance restricting parked mobile homes. He also said that he has been watching three streets in Florida Shores and he never sees a police car on them; namely Lime Tree, Mango and Kumquat. Mayor Christy asked the Police Chief to take care of getting this area patrolled. NEW BUSINESS None ADJOURNMENT Councilman Cameron made a motion to adjourn, being seconded by Councilman Ledbetter. The motion CARRIED. Meeting adjourned 8:45 P.M. Minutes submitted by: Debbie Sigler Council Minutes 10/13/80 -7- ~ (.,) Council Minutes 10/13/80 A;f?l-&o~ CouncilmCCY ~ ATTEST: /;~/~~ .-1 ~ ( City Cl,erk . V"~ Approved this s?j ~day of ~~&~~/~ Mayor . -8-