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10-05-1981 - Regular 'l \' v / '" . ~'---. . .. , -- ., . CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 5, 1981 Mayor Christy called the regular meeting to order at 7:00 P.M. ln the Edgewater Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Excused Present City Atty. C~ay Henderson Police Chief Earl Baugh City Clerk Nancy Blazi City Mgr. Joseph Mitchell Present Present Present Present There was a silent invocation followed by a salute to the flag. APPROVAL OF COUNCIL MINUTES - Councilman Lodico motioned to approve the minutes of Sept. 28, 1981, seconded by Councilman Wilbur. Mayor Christy questioned the 2nd page of the minutes from line 23 which concerned the special meeting held regarding an Urban Development Grant. There was no mention of his statement "we are paying Mr. Henderson about $40.00 an hour for legal advice but for some reason when I tried to talk Mr. Lodico continued with his motion. The attorney did not see fit to advise that there was a motion already on the floor and no other motion can be made. Therefore Mr. Lodico was out of order. Maybe there is a reason why Mr. Henderson did not give us the benefit of his legal exper- tise. He permitted it to continue and I wonder why, although it was to Mr. Ledbetter's advantage. Therefore, I say that the attorney is not doing his job and should be replaced. In addition, on page two I had questioned the purchase of chairs but the cost which I quoted $1,881.53 was not put into the minutes. Now on page 3 under new business, the price of the new car $6,400.00 was not recorded in the minutes either." t I 1 I Upon roll call the vote to approve DID NOT CARRY 2-2. Councilman Ledbetter and Mayor Christy voted NO. There was no request to have the minutes corrected for subsequent approval. The City Attorney said that this could indicate that the meeting was illegal since the minutes were not approved. Mayor Christy referred to the Charter Section 46 - Certificate of Funds upon Expenditures of Money. The Mayor said that "the 1981 Dodge, Tag No. 48497, has been in Mr. Mitchell's possession since Sept. 29th. He called from the car dealer to get a purchase order number on the 29th. No one has certified that the money was there, the same as no one has ever certified that the money was here to do this whatever it is called now, and the money was never certified to build a new kitchen in the back of city hall where we are getting kitchen cabinets, stainless steel sinks, a new refrigerator and everything else. Even the police car was never certified. We are not doing it like we are supposed to, I don't know why." Councilman Lodico objected to the fact that some members of the audience were putting out their cigarettes on the new floor." There are ashtrays for this purpose, they should be used." The City Attorney pointed out for the record that whether or not the minutes nor the public hearing are approved the provision of the charter referred to by the Mayor (Section 46) was repealed by Section 166.021 of the Florida Statutes. Mayor Christy continued by referring to a meeting on June 15, 1981 where "Councilman Ledbetter asked the city clerk if the money was available for the hiring of Mr. Mitchell. Mrs. Blazi said that she could not certify that. According to Fla. Statute 166.031, it says when you file your charter with the secretary of state it makes it legal. On July 10, 1981, at the.instruction of the city attorney, the city clerk filed the charter with Tallahassee. Therefore it is just as legal and binding as the bible is to a man going to church." I I u u , . , REPORTS - The city manager gave a summary of his report including the information that the auditors should have their report by November. Work is continuing on redistricting council districts and obtaining a second polling place. Aerial photos of Edgewater have been placed at the back of the Council Chambers. The Water Dept. has repainted hydrants and is experimenting with a luminescent cap and comments on this would be welcomed. An advertisement for bids on repairing the roof at city hall have gone out. Monies will be available in Federal Revenue. The renovation to the Council Chambers is virtually completed and there is more room than ever at the back of the stage. Arrangements are being made to accommodate three stage activities that are scheduled annually. Work has commenced on the acquisition of Menard Beach. There have been favorable results on the limit placed on last minute expenditures before the close of the fiscal year. COMMUNICATIONS - Letter from Board of Governors requesting that the functions and changes to the Community Center be shared with the Board. Councilman Ledbetter motioned that the Board of Governors be advised of any changes and have their say in it. Motion d~ed for lack of a second. Zoning and Planning Board - the city manager said this was the subject of the Ordinance 81-0-36 (numbered wrong this should be 81-0-37). Mayor Christy recommended this be discussed when the ordinance is presented. The second item from Planning and Zoning was a report on a Public Hearing held on Sept. 24, 1981 regarding zoning changes to conform with the new Comprehensive Plan. The City Attorney said there would be several hearings on this subject including those held by the Council. Occupational Licenses - Request from Sal Gambalie, 3132 Pine Tree Dr., for a wallpaper installation business. The residence would be used for telephone and office only. The residence is in the R-2B zone. Councilman Ledbetter motioned to approve this license, seconded by Councilman Wilbur. Motion CARRIED 4-0. la-17 A letter from Carmen Montesano requesting permission to park his wrecker at his residence in Florida Shores so that he can respond more rapidly to emergency calls. Mr. Montesano had been advised of the ordinance pertaining to parking of vehicles over one ton in a r~sidential area. There was a lengthy discussion about emergency vehicles and the possibility of an exception for Mr. Montesano. The City Attorney said that the ordinance would have to be changed. Councilman Ledbetter motioned that the Council grant Mr. Montesano a 90 day permit to park his wrecker at his home and ask the Planning and Zoning Board for their recommendations as to an amendment to the present ordinance, seconded by Councilman Wilbur. Ib Another lengthy discussion followed. The City Attorney advised the Council that they could authorize an emergency ordinance and advertise for a Public Hearing. There was some question on the original motion. Councilman Ledbetter withdrew his motion. Councilman Wilbur withdrew his second. Councilman Lodico motioned to set October 19, 1981 as a Public Hearing for an emergency ordinance and also to refer this to the Planning and Zoning Board, seconded by Councilman Ledbetter. Motion CARRIED 4-0. ORDINANCES - Ordinance No. 81-0-37. AN ORDINANCE AMENDING SECTION 606.01 (d. 1.) OF THE ZONING ORDINANCE, APPENDIX A, CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO EXTEND THE LIMITED AREA FOR PERMITTED USES TO THAT AREA ZONED B-2 ALONG THE F.E.C. RAILROAD RIGHT-OF-WAY BETWEEN 20th STREET TO 30TH STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. 2a Councilman Lodico motioned to adopt this ordinance, seconded by Couc~lman Wilbur. Motion CARRIED 4-0. UNFINISHED BUSINESS - none NEW BUSINESS - letter from Vol usia County concerning approval of the continuation of Greater Edgewater Fire District. Council Meeting 10/5/81 - 2 - '. '. 'I. U <J .. -#, . . Copies of this agreement will be given to Council and this matter will be placed on the agenda for Oct. 19, 1981. Mayor Christy informed the audience that FPL is requesting permission to put high voltage lines thru the County. Hearings have been set for Nov. 5th at 2:00P.M. and Nov. 23rd at 9:00 A.M. and all citizens are urged to attend. These high voltage lines could prove most dangerous to the area. Also, the Courthouse Annex in New Smyrna Beach will not be closed. Councilman Ledbetter asked about the 611 water line that was broken at Wildwood. The city manager said he would look into this. 2a9 MISCELLANEOUS - Mr. Bill Muller, Wildwood, also asked about the 611 line. He maintained that an estimate of $3,000.00 damage had been done and it took seven men and four trucks approximately five hours to fix the damage. He questioned who was going to pay for this. Mr. Frank Opal, Florida Shores, questioned whether the miscellaneous portion of the meeting was recorded. (All Council meetings are recorded in their entirety.) Also, questioned last year's budget, the possible resignation of the city attorney and made the suggestion that the Council advertise for a new city attorney. The City Attorney spoke to the audience regarding the fact the Edgewater was his home town and he left his law practice in DeLand in the belief that he might be able to lend a hand in the growth and development of Edgewater. He added that some comments made about him have certaininly hurt his feelings, but there has been considerable support for him to continue his work for the city. IIWe have:made progress and accomplished things that could make our city proud, but it is an embarrassment tOlall of us that we have to put up with some of the things we read about in the newspaper. If anyone believes that ! have~done anything~to cause disharmony or disrespect to the city, I am sorry"for that. I expect to stay with the city to see some projects through and when they are finished I will probably go on to something else. If the Council wishes to advertise for a successor, it is perfectly all right with me, but I intend to stay with this town, to live here, to hopefully raise my children here someday, and I am proud of my relationship with the City of Edgewater. II 3a Councilman Lodico spoke to the Council regarding problems brought before the Council which should be of a more constructive nature and not just to pick on certain individuals. There should be some compliments, not always so many complaints. I Mr. William Phinney, Wildwood, spoke regarding year end expenditure controls I which the c~~ manager said had been successful ana. he should be "complimented on this; asked about the bond issue study (the city manager is preparing I a report on this) and also spoke on the ~rban grant contract reminding the Council that if they sign this contract IIthey will not be able to go I out for discretionery grants.1I Mr. Neil Asting, Florida Shores, asked about last year's budget, specifically which departments were overexpended. Mr. James Whittet, Florida Shores, spoke about the truck problem on 16th St.. There was a lengthy discussion involving the Police Chief who was questioned about not issuing citations. This was followed by another lengthy discussion concerning trash pickup. Mrs. Whittet also spoke to the Council about the truck problem. Chief Baugh said he had been checking with the attorney regarding the enforceability of this ordinance. The city attorney informed the Council that if charges were brought under the Truck Ordinance, he believed they would be upheld by the courts. Mrs. Murphy, Riverside Dr., spoke to the Council regarding the rezoning of areas without notifying adjacent property owners. She is concerned about property she owns on India Palm that was supposed to be zoned for multi-family but subsequently she learned was zoned for single family. If the commercial area is extended, her property is practically worthless as a single family area. Mayor Christy asked Mrs. Murphy to get the information on her property to the Council for discussion. Mr. Carmen Montesano, Florida Shores, questioned the legality of the building where an auto body shop wants to locate. The city attorney explained the difference between variances and rezoning. In cases of permitted uses, it is necessary for the zoning board to act. A change of use has been requested and this is not a Board of Adjustment matter. It has to go to the Planning and Zoning Board, the public hearings and then to Council. Mayor Christy said that an auto body business must be checked out for fire safety and asked the city manager to check with the Building Official on this matter. Mr. Robert Tipton, Florida Shores, also spoke about the truck problem and why citations are not issued. Chief Baugh said that his men will be instructed to issue citations. .; 2b Council Meeting 10/5/81 - 3 - ":. tI J1a~or Christy said tQchief should take care Of<..lis immediately. . . Councilman Lodico questioned the Chief about the number of tickets issued. Chief Baugh said that the amount Mr. Lodico was talking about was the number of fines paid not the number of citations. The courts do not always fine the people that the police issue citations to. Councilman Lodico added that it appeared as if the Mayor was giving orders to the police and -,until the;,I,court case was settled the city manager was the boss not the mayor. Mayor Christy said that the Council was still in charge and would stay that way until they were not elected. Councilman Lodico motioned to adjourn, seconded by Councilman Wilbur. The meeting was adjourned. Minutes submitted by: p" Nancy Blazi 7 '" ,/ L . / ,,---,-' /-' t -~ d Lf-, / /-----k~a. /.-~-,___I'" C9uncilman' ',// - ? , , .' " ,~1fI(!..~ - ~ .:,. ", ")l't' /' /'~ '" r .~ "'!: ~~I' l,,'. ,,~r.. 1. "" .. ~'\ ~ o(~ ", ,. J j . ,', !l "o"f:~ .:~:~~:. ~,:;,.' " '.' !',~ .. ::',' ::.- .4.) '~.: ',: ::::'._ ;'.t"':t~ '.,,:, , ," \.~,..... ,'''~ ''''1 11\ ATTEST, . /, 2t.~.c 7 ~- Councilman 1 I I I I I Council Meeting 10/5/81 - 4 -