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09-28-1981 - Regular , ~ " 00 OJ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING , September 28, 1981 Mayor Christy called the meeting to order in the Edgewater Community Center. . '. ROLL CALL Mayor Robert Christy Present Councilman Jacob Lodico Present Councilman David Ledbetter Present Councilman Wilbert Pendleton Present Councilman John Wilbur Present There was a silent invocation and a salute to the Flag. Mayor Christy announced that the Public Hearing had 2been called to discuss the millage rate for 1981-82, the budget for 1981-82 including the Federal Reserve budget and the raising of rates in the Refuse Dept. The meeting was open for public discussion. City AttorneYi~lay Henderson City Clerk Nancy Blazi Police Chief Earl Baugh City Manager Joseph Mitchell Absent** Present Present Present The City Manager gave a summary of the proposed budget including the Federal Revenue budget. I-b Mr. James Hatfield told the Council that he felt the budget was excessive. Taxes have increased and the city is planning to increase its budget by too much money and amounts to an increase of $416,500. over last year. Mr. Walter Gross questioned the reduction in millage which does not seem like much of a savings since the assesments have increased. He objected to a purchase of a new car that would not be used by the police department. Mr. Frank Opal spoke about salary increases, Federal Revenue funds;and Council Chamber renovations and questioned these expenditures. Mr. William Phinney spoke to the Council as a representative of the DOE organization. A list of questions had been presented to the City Manager prior to the meeting and this list was discussed. The preparation of the budget was questioned and it was pointed out that the charter states that the City Clerk is supposed to prepare the budget. The City Clerk said that she had assisted the City Manager, along with other employees, in the preparation of the budget. Other questions concerned the salary of the City Attorney, increase in refuse rates, employee salaries, etc. The City Manager had given a written reply to these questions. A lengthy discussion followed concerning various parts of the budget. There was also a discussion on how mobile home parks are billed for refuse collection. ** The City Attorney arrived at the meeting. (A copy of the questions and answers is attached to the original minutes of this meeting.) Mr. Neil Asting questioned the interest made on the monies in the O.D. We should have about $500,000. in deposit (the City Manager confirmed this) . There was a brief discussion about where this money went. I 'I 2-a Councilman Wilbur motioned to adjourn the Public Hearing, seconded by Council- /1 man Lodico. The Public Hearing was adjourned. The City Attorney read Resolution 81-R-75. - A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 7.000 MILLS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR 1981-1982; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Wilbur. The motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The City Attorney read Ordinance 81-0-30 - AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981,AND ENDING SEPTEMBER 30, 1982, TO THE VARIOUS ITEMS OF THE GENERAL FUND; THE FEDERAL REVENUE SHARING FUND FOR 1981-1982; THE WATER-SEWER FUND; THE REFUSE COLLECTION FUND AND OTHER WATER/SEWER FUNDS; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE. - 1 - , 'I '-J~ <.,)t..) Councilman Wilbur motioned to adopt the ordinance (81-0-30), seconded by Councilman Pendleton. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The City Attorney read Ordinance 81-0-31 - AN ORDINANCE AMENDING SECTION 19-63 (a) (1), (2), (3), (~), 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, CREATING AN EQUIPMENT RESERVE FUND AND CHARGING ALL REFUSE ACCOUNTS IN THE CITY AN ADDITIONAL SURCHARGE OF FIFTY CENTS PER ACCOUNT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. APPROVAL OF MINUTES - Councilman Wilbur motioned to adopt the minutes of the Council meeting of Sept. 16, 1981, seconded by Councilman Lodico. Mayor Christy said that the question from Mr. Gross about a legal ad in the newspapers was not reflected in the minutes - it should be in the minutes because it was part of the public hearing. On page 3, under bills and accounts, the Mayor said he had questioned some of the bills and that is not mentioned in the minutes - it should be put in. On page 6 the part about the ordinances and resolutions is not in the minutes. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Wilbur motioned to adopt the minutes of the Special Council meeting of Sept. 23, 1981, seconded by Councilman Lodico. Councilman Lodico told the Council that at the special meeting, the Council was informed that it was I 'necessary to get the cooperation of all the cities in order to apply for this grant. The minutes do not reflect what happened at that meeting. He made a motion that the City Manager play the last few minutes of the tape of that meeting. Councilman Pendleton seconded the motion. Motion CARRIED 4-1. Mayor Christy voted NO. The City Manager played a section of the tape from the meeting on Sept. 23, 1981 that included the motion made by Councilman Ledbetter. Councilman Lodico said that he brought this up because the County has asked us to help them, we have nothing to lose and everything to gain. Councilman Ledbetter told the Council he had no qualms about signing the contract but he was asked to a meeting to discuss this contract, it was the first he had seen it and then he was supposed to vote on it. All he wanted was some time to study the contract. Mayor Christy said that at the beginning of the meeting he had stated that the meeting was called by Mr. Mitchell and not by the Mayor as in section 15 of the Charter. Mr. Phinney asked for a point of information on the minutes. He attended the meeting and was under the impression that if the City signs the contract and then does not get any money, the city cannot go out for a separate grant. The City Manager informed Mr. Phinney that a separate grant would be almost impossible to get. Mr. Holahan called for a point of order and said that the conversation was out of order there,is a motion on the floor. Upon roll call the motion to adopt the minutes CARRIED 4-1. Mayor Christy voted NO. BILLS AND ACCOUNTS - Councilman Lodico motioned to pay the bills, seconded by Councilman Pendleton. Mayor Christy questioned the purchases of chairs. There was also an addition to the bills concerning the zoning map that is being prepared. Motion to pay CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. REPORTS - Mr. Mitchell requested that the Council hold off on an appointment to the Board of Governors for further study. Mayor Christy requested that copies of the agreement with FEC be posted. 2...,b COMMUNICATIONS - Request for Home Occupational License - Bill Mista, 1869 India Palm zone RIB for operating lawn service. No visible activity other than hauling lawn equipment in and out. - 2 - Council Meeting 9/28/81 " , c. ~'I Q~ (.J~ '1.. .. Councilman Wilbur motioned to grant the license, seconded by Councilman Lodico. Motion CARRIED 5-0. Horne Occupational License for Darryl Crossland, 1870 Willow Oak, zone R-lB, janitorial and window cleaning service. No visible activity. Telephone only. Councilman Ledbetter motioned to grant the license, seconded by Councilman Pendleton. Motion CARRIED 5-0. The City Clerk informed the Council about a Volusia League of Municipalities Dinner on October 15, 1981 at Marko's Heritage Inn. Mayor Christy, Councilmen Wilbur, Lodico and Pendleton indicated they wished to attend. The City Manager will also attend and possibly the City Attorney. ORDINANCES - The City Attorney read Ordinance 81-0-33. AN ORDINANCE GRANTING A CHANGE IN ZONING ON A CERTAIN TRACT OF REAL PROPERTY OF APPROXIMATELY 0.80 ACRES IN THE PORTION OF LOT 24 ASSESSOR'S SUBDIVISION OF THE SHEPPARD AND SANCHEZ GRANT AS RECORDED IN MAP BOOK 3, PAGE 49, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, LYING EAST OF FLORIDA EAST COAST RAILROAD A 100' RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE POINT OF THE INTER- SECTION OF EAST RIGHT-OF-WAY LINE OF SAID FLORIDA EAST COAST RAILROAD AND NORTH LINE OF SAID LOT 24 AS THE POINT OF BEGINNING, RUN SOUTH 88007' 50" EAST ALONG THE NORTH LINE OF LOT 24 A DISTANCE OF 157.19' THENCE DE- PARTING THE NORTH LINE OF SAID LOT 24 RUN SOUTH 1056'47" EAST A DISTANCE OF 248.25' THENCE NORTH 8803'13" WEST A DISTANCE OF 125' TO THE EASTERLY RIGHT- OF-WAY LINE OF SAID FLORIDA EAST COAST RAILROAD, THENCE NORTH 5026'53" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF SAID FLORIDA EAST COAST RAILROAD A DISTANCE OF 250.12' TO THE POINT OF BEGINNING. CONTAINING 0.80 ACRESi FROM ITS PRESENT ZONING CLASSIFICATION OF I-I TO R-5i REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy announced that the meeting was open for a public hearing at the second reading of this ordinance. Mr. Hatfield spoke to the Council concerning the fact that he also owned land in this area and hoped that if and when he requested a rezoning he could be treated with the same consideration as the present owner of this property. There were no further comments from the audience, the public hearing was closed. Councilman Ledbetter motioned to grant this ordinance, seconded by Councilman Pendleton. Motion CARRIED 5-0. UNFINISHED BUSINESS - Councilman Ledbetter asked if anything had been done about the St. Lights in Wildwood. The City Clerk stated that a letter had been sent to FPL ~equesting the installation of nine lights in the Wildwood area. City Attorney Henderson told the Council that he had met with the developer of Wildwood and was quite sure that the problem of the ditch would be taken care of to everyone's satisfaction. He continued by saying that he had a resolution to present to the Council concerning the possible closing of the Court House Annex in New Smyrna Beach. He urged the Council to adopt the resolution which strongly opposes this action. Resolution No. 81-R-76 - A RESOLUTION URGING THE COUNTY COUNCIL GF VOLUSIA COUNTY, FLORIDA, NOT TO CLOSE OR RESTRICT HOURS OF OPERATION OF THE VOLUSIA COUNTY COURTHOUSE ANNEX IN NEW SMYRNA BEACH, FLORIDA, REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton motioned to adopt the resolution and have Mayor present it to County Council, seconded by Councilman Ledbetter. Motion CARRIED 5-0. NEW BUSINESS - Bids and Awards. The City Manager said they had received bids from six. dealers. It is his opinion that the best deal is from Jim Peacock Dodge for a 1981 Dodge Diplomat 2-door with 14,000 miles a 6 cylinder engine and he would recommend this to the Council. Councilman Lodico motioned to accept this bid and take care of 1982 budget, seconded by Councilman Pendleton. Motion CARRIED Ledbetter and Mayor Christy voted NO. it with the 3-2. Councilman I I r Council Meeting 9/28/81 - 3 - -, , ", "' ... '" ~o ,~ 00 Community Development Agreement - The City Manager that he felt should be included in the agreement. problem with this clause with HUD,not the County. some guarantee and should sign the agreement with something better comes up later they could vote a spoke about the clause There seems to be some The city should have the clause and then if change. Councilman Lodico motioned to approve the contract, seconded by Councilman Wilbur. There was a lengthy discussion. Mayor Christy informed the Council that this question is being brought before the Vol usia Council of Governments and he would like to wait on signing it until he has more information from them. Councilman Pendleton added that he would be willing to wa1t for awhile to find out what other cities are doing. Councilman Wilbur questioned the City Attorney about possible liability on the part of the city. The attorney has not had time to check into this. 3-a Upon roll call the motion to approve DID NOT CARRY by a vote of 3-2. Councilman Lodico and Councilman Wilbur voted YES. Councilman Ledbetter motioned to TABLE this agreement for the first meeting in November, seconded by Councilman Pendleton. Motion CARRIED 5-0. MISCELLANEOUS - Mr. Opal spoke about newspaper articles. Mr. Gross spoke about illegal ad in newspaper that was not mentioned in the last minutes. Also asked why letter from Bd. of Gov. was not on agenda. City Manager said he had not received the letter. Mr. Witzig spoke about approving the city manager form of government but cautioned the Council on the recent expenditures and cost of our present city manager. Councilman Pendleton read an excerpt from a newspaper in Mulberry commending Mr. Mitchell for the work he did there. Councilman Pendleton continued by making a reference to the meeting of Sept. 23, 1981 and Councilman Ledbetter's performance. The Council members should maintain more decorum and the Councilman should apologize. Councilman Ledbetter said he would not apologize. Mr. Barrett spoke to the Council concerning a warehouse in the B-2 area. He wants to rent space there to Mr. Mitchum for an auto body shop. This subject will be on the agenda for Monday October 5, 1981. Mayor Christy asked the Chief if he had notified Mr. Lodico about where the recreational vehicle was parked. The Chief had talked with Mr. Lodico. 1M Councilman Wilbur motioned to adjourn, seconded by The meeting was adjourned., Minutes submitted by Nancy Blazi ~/~, Ci ty Cl k' ;Vo/- . ~~ Approved t~h1.S,'.~ day of October, 1981~ ~, Mayor i0cn F Hcu,c;e d Councilman . Council Meeting 9/28/81 - 4 - . ~ . ~j " w-' , · . U Minutes of September 28, 1981 , Council Meeting ~ ATTEST: j[WA~V~ Ci.ty Cler1 ~'.: - - .,.. .:' .... r:.. Approved -'t'his 19th day of Mayor ~ Councilman (~~:c) Councilman ,/ Councilman ~ ~ ~ ~ -r