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09-16-1981 - Public Hearing/Regular "'~ CJ..J ~.. ,~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING SEPTE~ffiER 16, 1981 Mayor Christy called the Public Hearing to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Attorney Clay Henderson City Clerk Nancy Blazi Police Chief Earl Baugh City Manager Joe Mitchell Present Present Present Present Mayor Christy announced that the Public Hearing had been called to discuss the budget for the fiscal year 1981-82. The City Manager has proposed a reduction in the millage rate from 7.273 to 7.000. The budget had been presented to the Council at workshop sessions. The budget includes a fund for an annual road paving program of $140,000. and an annual water and sewer line extension program of $210,000. The City anticipates providing water to all of Florida Shores within the next year. There is an across-the-board raise of 10% for all employees and purchases of capital equipment from Federal Revenue Sharing and the addition of one detective, one patrolman and one records clerk in the Police Dept. The rate of growth in the city is having a dramatic impact on the revenue structure and will continue to do so allowing the Council to fund services required by growth without raising taxes. There is a need to raise rubbish collection rates. Under state law, this is an enterprise fund which, must balance out and cannot show a deficit. A proposed rate of 50 cents per month per account plus a levy of 50 cents per month per account charge to establish an equipment reserve fund for the purchase of equipment for the Refuse Dept. The total funds for the City amount to $2,775,186.00 which includes the Federal Revenue Sharing Funds, General Fund, Water-Sewer Fund, Refuse Fund, and various bond issue payment funds. The City Attorney requested that the Federal Revenue Sharing Fund proposal be read. The City Manager informed the Council that the FRS monies had been increased by $5,450.00 by the government. This extra money has been listed under unappropriated reserves and miscellaneous. The City Clerk read the proposed FRS budget which totals $94,559.00. Mayor Christy requested a detailed list of the proposed FRS be read. There was some confusion concerning monies already appropriated for FRS in 1980-81. Mrs. Opal told the Council that she believed that Federal monies could not be used for cars and moving expenses. She added that Lawton Chiles said that "you cannot use the money for those purposes." Mr. Hatfield also questioned the FRS money for an automobile for the City Manager. He voiced his opposition to spending this money for an automobile and moving expenses for the manager. Mr. Phinney told the Council that he had been asked to address the Council for the Democratic Organization of Edgewater. Before the next public hearing he would like to submit a list of questions, in advance, regarding the budget. This would allow the City Manager and the department heads to study these questions and have answers ready so that the time allottedto each speaker can be used to the best advantage. Councilman Lodico asked if this was a public hearing or a DOE hearing. He questioned whether one man could speak for a large group and indicated that he would rather hear from more individual citizens. A rather noisy discussion ensued and it was necessary for the Mayor to call the meeting to order several times. The City Attorney reminded the Mayor that this was a public hearing and that the time should be spent listening to members of the audience on specific questions on the budget and not wasted on procedural issues. . ' <.J..J <..Jt.) ~Mayor Christy polled the Council in regard to Mr. Phinney's request to submit questions prior to the next public hearing. Councilman Ledbetter had no objections. Councilman Pendleton also had no objections but added that he was "not in favor of the outbursts that interrupt the meeting." Councilman Wilbur and Councilman Lodico had no objection except that there should be some consideration as to the amount of time it will take to answer these questions because other people need to be heard from. Councilman Pendleton added that Mr. Phinney could get many of the answers to his questions from the City Manager before the meeting. Mr. Phinney continued by informing the Council that he had been requested to strongly urge the Council, in view of the questions that have been raised about the Charter,to consider the possibility that it may be proven to be illegal to hire a city manager in which case it would also be illegal to fund that position. Therefore, until the court settles the questions about the charter, the monies included in the budget for city manager should be removed. He also pointed out that the millage reduction did not offset the increase in the garbage rates. He questioned the city attorney's fees and other items in the proposed budget. Mr. Walter Gross spoke about the monies for the city manager in the budget. Mr. Frank Opal questioned some of the proposals for Federal Revenue Sharing. He added that he had a letter from Lawton Chiles regarding the uses ot Federal Revenue Sharing funds and that some of the proposed uses may be illegal. Councilman Lodico pointed out that the people trying to listen should not be harassed by others. Mr. Robert Witzig told the Council he believed the majority of the audience was present because of the high budget and the taxes. Mr. Newell questioned the money for legal fees. There were no further comments from the audience. Councilman Wilbur "I, ,I, motioned to adjourn the public hearing, seconded by Councilman Lodico. The public hearing was closed. Mayor Christy said that "Before we go any further, he would like to make a statement. On September 3rd, there was a party thrown here at 1 o'clock in the afternoon."..."I understand it was given by Mr. Mitchell and I was wondering who paid for the party and I would like to appoint two citizens and a member of the police dept. to investigate this and find out why beer and whiskey were served here during working hours and who participated in it. I am going to appoint a board to investigate this." Councilman Lodico questioned whether the Mayor had this kind of authority. The City Attorney stated that the "public hearing had just closed and the regular meeting had not yet been convened and at this time this discussion is out of order." Mayor Christy called the regular meeting to order. All persons1present for the public hearing roll call were present for the regular meeting roll call. There was a silent invocation and a salute to the flag. Approval of Minutes - Councilman Pendleton motioned to accept the minutes of August 13, 1981, seconded by Councilman Wilbur. The City Attorney told the Council that he objected for historical reasons and as a matter of law the statement at the beginning of the minutes made by the Mayor regarding the legality of the meeting. Under the ordinances of the city, the Mayor, Vice-Mayor, Acting Mayor and City Manager are empowered to call meetings. When the meeting is convened and all parties appear and the press notified it constitutes a legal meeting. It is not appropriate for a meeting to be declared illegal, and so stated in the minutes, and then for the meeting to go on. If it is not a legal meeting, the Council should not approve the minutes. Motion to approve CARRIED 4-1. Mayor Christy voted NO. Councilman Wilbur motioned to approve the minutes of August 17, 1981, seconded by Councilman Lodico. Council.Meeting 9/16/81 - 2 - ~~ ~~ , , The City Attorney told the Council that on page 5 of the minutes there is a statement by a citizen that the city had purchased $2500. worth of law books and these were in the city attorney's office. For historical purposes, he objects to this statement. The books that the legal department has are form books and whatever value of these books, it is under $1,000. and the books have a very limited value to the public. The record should indicate that whatever books the legal department has the cost is much closer to $1,000. and no where near $2500. Motion to approve CARRIED 5-0. The Council discussed the minutes of a special Council meeting on August 20, 1981. The City Attorney said that there obviously was not a quorum so that no minutes could be approved since the meeting was, in effect, cancelled due to lack of quorum. Councilman Wilbur motioned to approve the minutes of August 21, 1981, seconded by Councilman Lodico. The City Attorney again told the Council that for the record as a matter of law, he objects to the statement made that this was an illegal meeting. The person who made that statement continued through the meeting. He added that he hoped the Council could conduct the meeting as gentlemen and in a businesslike fashion. Motion to approve CARRIED 3-2. Councilman Ledbetter voted NO due to absence. Mayor Christy voted NO. Councilman Pendleton said that he believed the Mayor should set the tone for the meeting and the Mayor is not conducting himself properly. Councilman Lodico motioned to approve the minutes of August 27, 1981 Special Meeting, seconded by Councilman Wilbur. The City Attorney told the Council that again for the record, it is improper to declare a meeting illegal and then for the person to continue the meeting. Any reference in the minutes that this meeting was illegal is improper. Motion to approve CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Mr. Opal asked for a point of order and told the Council he did not see approval for minutes of the meeting held last Wednesday, Sept. 5 with the railroad. The City Manager told the audience that this was a staff meeting between the supervisors, the city attorney and representatives from the FEC. The City Attorney said that there was a staff meeting between city department heads and a negotiating team from FEC. There were representatives from the newspaper and there were Councilmen present. The meeting was taped. Bills and Accounts Councilman Wilbur motioned to approve the bills and accounts, Councilman Lodico seconded. There were some questions about specific bills. Motion to approve CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. The City Attorney answered the Mayor's question about his bill by saying that he was the lowest paid city attorney in the county and that also he had been attending many of the board meetings at the request of the boards. Reports - the report from the Planning and Zoning Board will be taken up under the ordinances. The Merit Board has requested some changes in the Personnel Information Book. These changes can be instituted by resolution. Basically, they reflect the City Manager form of government and place the City Manager between the Supervisor and the Merit Board. Council Meeting 9/16/81 - 3 - <.J..,) (."J~ , , The City Attorney read Resolution 81-R-68. A RESOLUTION ADOPTING AMENDMENTS TO THE "CITY EMPLOYEE GUIDE OF THE CITY OF EDGEWATER FLORIDA"iREPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy asked why there was only a place for the Mayor's signature on the resolution? The City Attorney said that"they were instituting a new form since the Florida Statutes only require that ordinances and resolutions be signed by the Mayor, his signature attested by the City Clerk and the contents of the document approved as to legal form by the City Attorney. This could save money in the amount of paper used each year." Mr. Phinney called for a point of information asking what the City Charter calls for. The City Attorney said that the City Charter says that these documents are adopted according to State laws. Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. The motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. The City Attorney spoke to the Council concerning various lawsuits pending against the city. There are presently four lawsuits, three of those lawsuits involve matters which took place during the last Council. One lawsuit was brought by Mayor Christy against Edgewater. The hearing is scheduled on October 6, 1981 on a motion by the special counsel to suspend the action as being frivolous. The special counsel, Mr. Godbee, has indicated that he believes a lot of these matters will be resolved at that time and that it will not cost the city a great deal of money. One other case is Pilch vs the City regarding building permit fees. A canvass of other cities shows that our permit fees are in line with those of the area. The City Attorney continued by informing the Council about an agreement for the rights to obtain well sites from FEC. The negotiations with FEC were finally resolved earlier today. Councilman Ledbetter spoke about an article in the newspapers that stated if the city did not give the FEC what they wanted on the land in the SW section of the city that FEC wants to develop for industrial use then the wells ,would "belong' to th~ railroad. The City Attorney read the proposed special grant of easement, in full, for the record (copy attached to original minutes of this meeting). Mayor Christy recommended that this be tabled until the next meeting to give Council an opportunity to study the agreement. Councilman Wilbur motioned to approve the agreement in view of the need to start on the wells as soon as possible. Councilman Pendleton seconded the motion. Councilman Ledbetter said that there was a reverter clause in the agreement that could give back this property to the FEC if the city does not agree to its plans for development of this area. Council should have a workshop. The City Attorney informed the Council that this area has already been zoned PID which is a most restrictive ordinance and FEC is obliged to comply with this ordinance. Mayor Christy agreed that the city needed the wells but he has not had an opportunity to read this agreement and cannot vote for something he has not had time to study. Motion to approve CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. City Manager read summary of activities in the various departments during the past month. Mayor Christy called for a ten minute recess. Council meeting 9/16/81 - 4 - ~~ ~~ , \ Meeting called back to order. Communications - the City Clerk advised the Council that the city had received letters from various used car dealers in Edgewater requesting that the Council consider changing a section of the Sign Ordinance that makes the use of pennants illegal in the city. One used car dealer in , town, Mr. Aikens, was called before the Code Enforcement Board which found that Mr. Aikens was in violation of the sign ordinance. Mr. Aikens had requested to go before the Board of Adjustment for a variance but according to the city attorney an appeal from the Code Enforcement Board should go to the circuit court. There was some discussion about the use of pennants in other cities and specifically in connection with used car lots. The City Attorney informed the Council that if they wished to take any action the proper course would be to change the sign ordinance. I Councilman Ledbetter motioned to instruct the City Attorney to draw up the necessary document to rescind Article Section 3-1 on the display of pennants and set a public hearing. This should be for all businesses. Councilman wilbur seconded the motion. Motion CARRIED 5-0. Mr. Charles Hall was present to address the Council concerning a request to vacate part of an alley behind the Jiffy Mart in Edgewater. The City Clerk read Mr. Hall's letter to the Council asking that the Council reconsider their earlier decision to deny this vacation. Mr. Hall spoke to the Council about the fact that his letter should explain his request and that he would be happy to answer any questions. Councilman wilbur motioned to grant the request to vacate. Motion died for lack of a second. Councilman Pendleton motioned to deny the request until the Council can study it further. Councilman Ledbetter seconded the motion. Motion CARRIED 4-1. Councilman wilbur voted NO. Mr. Hall asked if this would preclude his coming back with this request in the near future. Mayor Christy said that he had that right. The Council discussed a request for a Home Occupational license from Wm. Haller, 2005 S. Riverside Dr. for a pool service. Activities would be limited to phone service. It was finally decided that the correct zoning, for this area was B-4 Tourist Commercial. The City Attorney said that a license for a pool service could be considered an accessory use and would be allowable under a regular occupational license. The City Manager informed the Council that the Building Official had recommended that the city adopt a Life Safety Code that deals with fire safety regulations specifically in regard to exits. Councilman Lodico motioned to have an ordinance drawn up for adoption, seconded by Councilman Pendleton. The City Attorney recommended that Mr. Murphy appear before the Council to explain this. The suggestion was also made that this be sent to the Building Code Board for their recommendation. This board meets in October. The City Manager recommended that this be scheduled for the board and then brought back to the Council. Mayor Christy asked if Mr. Lodico would include that in his motion. Councilman Lodico agreed and the recommendation was seconded by Councilman Pendleton. The motion CARRIED 5-0. Ordinances 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 1981-82; 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 FOR AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 3-2. Councilman Ledbetter voted NO (budget too inflated) Mayor Christy voted NO. Council Meeting 9/16/81 - 5 - '-'v '-~ The city Attorney read Ordinance 81-0-31. AN ORDINANCE AMENDING SECTION 19-63 (a) (1), (2), (3), (4) AND (5) 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 PRO- VIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Councilman Ledbetter questioned the use of Federal Revenue funds to buy a trash truck if the city is planning to charge fifty cents extra for each customer for new equipment. The City Manager explained that it would take at least two years to build up this fund for the purchase of equipment ln the Refuse Dept. Once this fund is built up, we would not have to use Federal monies for additional equipment. Motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The City Attorney read Ordinance 81-0-32. AN ORDINANCE AMENDING SECTION 2-20 OF CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING THAT CITY COUNCIL SHALL MEET ON THE FIRST MONDAY OF EACH MONTH AND AT OTHER TIMES AS THE CITY COUNCIL MAY DETERMINE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADVERTISING. Councilman Wilbur motioned to TABLE this for a later date, the Council needs at least two meetings a month. Councilman Pendleton seconded the motion because "all Councilmen are not always available for special meetings and for the time being they should have two meetings each month." Motion to ~AB~E CARRIED 5-0. 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 ~~P 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 INTERSECTION OF EAST RIGHT-OF-WAY LINE OF SAID FLORIDA EAST COAST RAILROAD AND NORTH LINE OF SAIDD LOT 24 AS THE POINT OF BEGINNING, RUN SOUTH 880 07' 50" EAST ALONG THE NORTH LINE OF LOT 24 A DISTANCE OF 157.19' THENCE DEPARTING 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 ACRES, FROM ITS PRESENT ZONING CLASSIFICATION OF I-I TO R-5; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to adopt this ordinance, seconded by Councilman Wilbur. Mayor Christy asked about the new form of signature. He does not believe that this would clearly indicate how people voted and they would have to go back and check the minutes. He requested that the Council consider using the old system. It was the consensus of Council opinion that a signature page should be added to the 0rdinances. Motion to adopt CARRIED 5-0. The City Clerk read a letter from the Zoning and Planning Board concerning adding condominiums to the subdivision ordinance and setting up a recreational trust fund for financing recreational activities. Council Meeting 9/16/81 - 6 - ~ne City Attorney exPla~~hat there are many de~~rs that wish to ayold.certain regulations that are in the subdivision ordinance by using the term pseudo-condominium. These multi-family developments can add a number of people to the population and cause an impact on recreational facilities. Mr. Earl Wallace, Chairman of the zoning and Planning Board also spoke to the Council concerning this problem. The City Attorney read Ordinance 81-0-34. AN ORDINANCE AMENDING ORDINANCE 79-0-7 BEING THE SUBDIVISION ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO INCLUDE COND~~~, APARTMENTS, CO- OPERATIVES, AND OTHER LARGE MULTIFAMILY DEVELOPMENT WITHIN THE PURVIEW AND CONTROL OF THE SUBDIVISION AND DEVELOPMENT ORDINANCE; FURTHER PROVIDING THAT THE ZONING AND PLANNING BOARD SHALL REVIEW SITE PLAN APPLICATIONS FOR DEVELOPMENT TO INSURE SAME TO BE IN CONFORMITY WITH THE EDGEWATER COMPRE- HENSIVE PLAN, CREATING A RECREATIONAL TRUST FUND FOR FINANCING RECREATIONAL ACTIVITY REQUIRED BY THE IMPACT OF LARGE MULTIFAMILY DEVELOPMENT; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton motioned to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 5-0. The City Clerk read a letter from the Zoning and Planning Board concerning the rezoning of a limited region of the B-5 district (shopping center) to allow for the development of townhouses. The City Attorney read Ordinance No. 81-0-35. Councilman Wilbur motioned to adopt this ordinance, seconded by Councilman Pendleton. Motion CARRIED 4-1. Councilman Ledbetter voted NO. The City Clerk read a letter from the Zoning and Planning Board concerning front and side setbacks in the B-2, 3, and 4, and also R-4. Mr. Earl Wallace, Chairman of the Board, spoke to the Council concerning this request. The City Attorney read Ordinance No. 81-0-36. AN ORDINANCE AMENDING SECTION 603.01 OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO AMEND THE DIMENSIONAL REQUIREMENTS AS SET FORTH IN DISTRICT REGULATIONS OF R-4 MULTI-FAMILY ZONING DISTRICT IN THE FOLLOWING RESPECTS: DELETION OF THE 20,000 FEET MINIMUM PROJECT SIZE, CHANGE OF MINIMUM LOT WIDTH TO 15 FEET, CHANGE OF FRONT YARD SET BACKS TO 40 FEET WITH THE FIRST FIVE FEET FOR LANDSCAPING AND NOT FOR OFF STREET PARKING; AND TO PROVIDE DIMENSIONAL REQUIREMENTS FOR THE B-2, B-3, AND B-4 ZONING DISTRICTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Unfinished Business - Mayor Christy announced that the Briley, Wild contract and the impact fees would not be discussed since work on these was not completed as had been anticipated. Home Occupation License - Hinkle Taxi - Mrs. Hinkle spoke to the Council and presented a petition of neighbors concerning the fact that there was no objection to continuing the business at the residential address. Mr. Cerulli also addressed the Council in Mrs. Hinkle's behalf. A lengthy discussion followed concerning the radio transmittal and the fact that the license reads telephone service. Councilman Ledbetter motioned to allow this business to continue to operate until the Council receives complaints from people in the area, seconded by Councilman wilbur. Motion CARRIED 5-0. Continuation of Water Conservation Measures - Resolution No. 81-R-70. The City Attorney read the above mentioned resolution. A RESOLUTION EXTENDING THE DECLARATION OF WATER SHORTAGE EMERGENCY PURSUANT TO ORDINANCE 81-0-21 AND THE ORDERS OF THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT OF SEPTEMBER 9, 1981, FOR A PERIOD OF THIRTY DAYS FROM THE EFFECTIVE DATE OF THIS RESOLUTION, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council Meeting 9/16/81 - 7 - . . ~~ by Councilman New Business PBA contract. The City Manager informed the Council that there were a few minor changes in the contract which had been discussed at a closed workshop. The representative of the PBA had signed for a one year contract and a resolution is needed if the Council approves this contract. The City Attorney read Resolution No. 81-R-71. A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE CERTAIN LABOR AGREEMENTS WITH THE POLICE BENEVOLENT ASSOCIATION WITH THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 3-2. Access to Safe Deposit Box - The Mayor told the Council that he had been a signatory on the safe deposit box and now he finds that he is not on that list. The City Clerk stated that when they recently checked the resolutions, they discovered that she was listed as sole signatory for the safe deposit box and she would like to have another signatory. Councilman Ledbetter said that the Mayor was still official head of the city and he would like to make a motion that the Mayor's name be put back on the list for the safe deposit box and all other signatories. Councilman Pendleton seconded the motion. There was a lengthy discussion following this motion. Mayor Christy said that since he had been Mayor there had been two signatories for admittance to the safe deposit box. The City Manager said that the box contains certificates that need to be renewed from time to time and the present resolution gives the City Clerk sole access. If the City Clerk is absent or ill no one can use the box. Councilman Wilbur said he felt that there should be two people involved in this. The City Attorney requested that the resolution be TABLED and redrafted to require two persons, an elected official and an appointed official. Mayor Christy said that we were not on the resolution but were discussing Councilman Ledbetter's motion. Councilman Pendleton withdrew his second to Councilman Ledbetter's motion. Motion died for lack of a second. Councilman Pendleton motioned to TABLE resolutionF seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Public Records Fee - Resolution No. 81-R-73. Mr. Phinney asked about the specific fees that would be charged. There was a lengthy discussion concerning fees. The City Attorney read 81-R-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 80-R-149, IMPOSING CERTAIN REQUIREMENTS ON THE REPRODUCTION OF PUBLIC DOCUMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney said that this is the text of senate bill 406 passed by the legislature and approved by the Governor, July 2, 1981. Councilman Lodico motioned to charge twenty-five cents per page, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Wilbur. There was a discussion about state laws on reproducing tapes. The City Attorney said that it was his opinion that a person could copy a tape recording of a meeting but a reproduction indicates an exact copy like a reproduction of a painting. The section on taping follows a previous resolution passed by Council. Council Meeting 9/16/81 - 8 - " . . ~...) C-J\J Mr. Walter Gross asked for a point of order and mentioned a taping of the FEC meeting. Mayor Christy said this had nothing to do with the resolution. The City Clerk asked that the resolution be amended on the section that says in the presence of the City Clerk or Deputy City Clerk by adding "or their designee." This was agreed to by Council. The motion to approve CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Director of Civil Defense - Resolution No. 81~R-74. A RESOLUTION APPOINTING VIC VANDERGRIFFT AS CIVIL DEFENSE DIRECTOR OF THE CITY OF EDGEWATER, FLORIDA, AS PROVIDED IN THE CIVIL DEFENSE AMENDMENTS OF 1981, FOR A TERM OF ONE YEAR; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to reject the resolution. Motion died for lack of a second. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Miscellaneous Councilman Ledbetter informed the Council that he had received phone calls from residents of Wildwood subdivision regarding lighting. He made a motion that this be turned over to the Lighting Committee. Councilman Wilbur seconded the motion. Motion CARRIED 5-0. There was a discussion about the acceptance of wildwood subdivision. Councilman Lodico made a motion that the city cancel the reservation for the Florida League of Cities convention for the Mayor. Councilman Wilbur seconded the motion. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mr. Bill Porter spoke to the Council concerning the ditch at Wildwood subdivision. He maintained that it was much too deep and that it was also eroding land from his property and the property of other home owners adjacent to the subdivision. There was a lengthy discussion concerning this and the City Attorney advised the Council that he would research this problem and advise what the city's responsibility might be. Mrs. Opal spoke to the Council about the City Manager's status as an employee of the city. The City Attorney said that the attorney and the city manager work under a contract and do not come under the Merit Board. Mrs. Murphy told the Council she believed the recreational trust fund should be confined to the purchase of lands for recreational purposes. Mr. James Hatfield spoke about a ditch near his property that had been affected by the Roche development. The Council indicated that this would be checked out also. Mrs. Henderson asked if the Council could designate a section of the meeting room for smokers and non-smokers. Mr. Frank Opal mentioned the party in the community center and questioned who paid for it. The City Manager said that it was paid for by the employee coke fund. Mr. Opal also questioned the City Attorney's contract. The City Attorney was hired by resolution under the same terms as the resolution hiring the former city attorney. Councilman Wilbur motioned to adjourn the meeting, seconded by Councilman Lodico. Meeting was adjourned. Minutes submitted by Nancy Blazi Council Meeting 9/16/81 _ 9 _ . . , ,t '. '-Ju '-~ a' '. ~... . . r / ~Cd?--V g)~c8g~L CounCl man ~~ Councllman ~. ATTEST: , , . I ,..... , ,";' .., \j"~ I .f "~v 'Pt 1'(~6 .\" ,,13.,' <.-l. ~" ~', 11 . "':.f, .:' "j & ;'~ ,"',,:'l " , " 1"" . - ,... 'f,'. t ~. . j -) ..~ ~ ..~ {; r.) ',:-; 4.-. ~~...."'-<: ~ ,;.' ;:y) ~.~. II t ," ,~-' f v Q \\;, ~' IjIA1Il'(' '\" ~. . ,~ . .~- ~c Council Meeting 9/16/81 -10- MW j[(J ~ ~. to "". .: t "' ,-,.~ FORM 4 MEMORANDUM OF VOTING CONFLICT . <.Jv DATE ON WHICH VOTE OCCURRED: _2117/ ,191/ PART A Name: -1u-dbJLf_ (LAST) Address: -/9 0 1:TAcfT~ y jJ-/ PART B -:r D A IV (FIRST) P Ii-/,,f,f f) r, u L_ (MIDDLE) E dJ~ hlf-frf'/ ///1 ~ (CITY) TelePhone:~ f' -;1.:27-.:57'7 (A/C) (NUMBER) 3 2. 0 -3 "Z- Vp./a.5 / "19:.._ 1.'11' CODI, I (COUNTY) Agency is a urllt of [check one) : ( I State of FlorllJa, (v(' County, City 01 other Politic." Subdivision Name of Agency: __ C_i__ 1Y 0 r r df ~ lu 11 Te- ,- Position held in Agency: _(1 () U#C !_b'-1I9.A-/, , PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes * 112.3143 (1975)) \ If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special f.lrivate gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the m~tt;r upon which you voted in your official capacity: _YI_!! ~_ C? ii '-------- . ~ ~.,., J d. . .' Q ,.-- _ "~tZ.1J,L .!.V I ..? J'-.~_, ___ ._ _ ,..n _q __ 3 ~1-..:k - ioo _ rz _ --..J G'r"ee,v - -.---. 2. Descrif.ltion of the f.lersonal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: ____ no u______ ___ ________ ~ ~~~~~'---~4 ~.J ~.~--~ I ~ ~r:; b~~-~p.,..-. .~ J-~-~'I ::L.--i--t;;:. __&-=-S" Po.--..... fl~_.=-&'~~____ __ __ ,_ ___ _ __ _ I _ P" I. .. 3. Person or principal to ~hom the special gain described above will inure:. I . ,. . a. (~1 Yourself b. (vr Principal by whom you are retained: - ~~ 7' ~A- \j: (NAME) PART D FILING INSTRUCTIONS