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08-03-1981 - Regular , L" o u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING AUGUST 3, 1981 CALL TO ORDER Mayor Robert H. Christy called the Regular Meeting of the City Council of the City of Edgewater to order at 7:00PM in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur City Attorney Clay Henderson City Clerk Nancy Blazi police Chief Earl Baugh City Manager Joe Mitchell Present Present Excused Present Present Present Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES City Attorney Clay Henderson noted that the minutes from the July 20th meeting did not indicate the recommendation from the Zoning & Planning Board regarding the auto body shop was not approved. Councilman Wilbur made a motion that the minutes be approved with that correction. Councilman Pendleton seconded. Motion carried 3-1. Councilman Lodico voted NO due to his absence from that meeting. APPROVAL OF BILLS AND ACCOUNTS Councilman Wilbur made a motion that bills and accounts as presented be paid. Councilman Lodico seconded. Motion carried 3-1. Mayor Christy voted NO. For the record, the Mayor alleged some bills were being paid twice. REPORTS Board of Governors Chairman Bob Wolfe suggested a rate increase for the rental and use of the Community Center and indicated an ice machine and dishwasher are needed, plus air conditioning in the small room. Dis- cussion followed regarding the financial advantage. Councilman Lodico recommended that Chairman Wolfe get w~th the City Manager to work this out. The City Manager and department head reports were presented for information. The City Attorney reviewed the Pilch suit status. Councilman Wilbur made a motion to instruct the Attorney to go ahead with the next steps to defend. Councilman Lodico seconded. Motion carried 4-0. The next item brought up by the City Attorney was the sewer line at Dungey's. Attorney Henderson advised that the parties involved will grant a new easement in return for the City vacating the old easement which runs under the building. A quit claim deed would be used and a new easement issued for the new sewer line. Councilman Pendleton made a motion that we go ahead, Councilman Wilbur seconded. Mr. Armstrong commented on the easement and the sewer line. Motion carried 4-0. The City Manager brought up the vacancy on the Planning & Zoning Board and advised there are two nominations. Discussion followed and the topic was tabled, subject to information from the Board as to the number of members desired. ~ ~ " Q ~ COMMUNICATIONS The City Clerk read the letter requesting a permit for a second con- struction trailer at the Hermosa Palms condominium site. Councilman Pendleton made a motion that the request be approved, Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. The home occupational license request for Sun Belt promotions was tabled until a future meeting since there was no representative present. Next was the home occupational license request from Walter Jay Tiffany for a landscaping and lawn care business. Councilman Pendleton made a motion that this be granted, Councilman Wilbur seconded. Motion carried 4-0. Complaint was read regarding the taxi radio tower on Umbrella Tree Drive. It was noted that the original permit was for use of the telephone to dispatch taxis only. The City Attorney advised there are two options to be pursued, a Council Public Hearing or go before the Code Enforce- ment Board. Councilman Wilbur made a motion that the complaint be ad- vertised and a public hearing held August 17, 1981, at 6:30PM. Council- man Pendleton seconded. Motion carried 4-0. Regarding .the petition to.pave Edgewater Drive, the Street Department has looked at the condition of the street and recommended it be put on the paving program. Councilman Wilbur made the motion to place it on the paving program, Councilman Lodico seconded. Motion carried 4-0. ORDINANCES 81-0-27 Civil Defense and Disaster Preparedness Amendments of 1981 - 1st reading. Councilman Lodico made a motion that this ordinance be taken off the table, Councilman Wilbur seconded. Motion carried 4-0. The City Attorney read the ordinance by title only. AN ORDINANCE SETTING FORTH THE CIVIL DEFENSE AND DISASTER PREPAREDNESS AMENDMENTS OF 1981; PROVIDING FOR REVISION OF CHAPTER 8 OF THE EDGEWATER CODE OF ORDINANCES IN THE FOLLOWING SECTIONS: AMENDING SECTION 8-2 TO AUTHORIZE THE CITY COUNCIL TO APPOINT A DIRECTOR OF CIVIL DEFENSE AND AUTHORIZING THE DIRECTOR TO APPOINT A COORDINATOR OF THE CITY SUBJECT TO APPROVAL BY THE COUNCIL; AMENDING SECTION 8-3 TO ESTABLISH AN ORGANI- ZATION FOR CIVIL DEFENSE UNDER THE AUTHORITY OF THE CITY COUNCIL AND THE DIRECTOR RATHER THAN THE MAYOR; AMENDING SECTION 8-4 TO VEST AUTHORITY FOR CIVIL DEFENSE WITH THE DIRECTOR RATHER THAN THE MAYOR; AMENDING SECTION 8-6 TO AUTHORIZE THE DIRECTOR TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING CIVIL DEFENSE RATHER THAN THE MAYOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE THE ORDINANCE ACCORDING TO LAW; PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the ordinance, Councilman Lodico seconded. Motion carried 3-1. Mayor Christy voted NO. 81-0-24 Repeal of Coordinator System - 2nd reading The City Attorney read the ordinance by title only. AN ORDINANCE REPEALING ORDINANCE 952 OF THE CITY OF EDGEWATER, FLORIDA, CODIFIED AT SECTION 2-1 OF THE CODE OF ORDINANCES FOR THE CITY OF EDGE- WATER, FLORIDA, WHICH CREATED A COORDINATOR SYSTEM FOR THE CITY, DESIGNATED EACH COUNCILMAN AS A COORDINATOR OF A MUNICIPAL DEPARTMENT, AND EMPOWERED EACH COORDINATOR TO SPEND $1000.00 IN EMERGENCY SITUATIONS; MANDATING THAT HENCEFORTH THERE SHALL BE NO COORDINATOR SYSTEM WITHIN THE CITY; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE SAID REPEALER ORDINANCE; AND PRO- VIDING AN EFFECTIVE DATE. City Council Regular Meeting -2- 8/3/81 J , o Q The ordinance was then opened to public hearing by Mayor Christy. Frank Opal questioned the court case. The City Attorney advised only part of the ordinance was changed by the courts. Councilman Lodico made the motion the ordinance be adopted, Councilman Pendleton seconded. Motion carried 3-1. Mayor Christy voted NO. 81-0-25 Legislative Procedure - 2nd reading The City Attorney read the ordinance by title only. AN ORDINANCE AMENDING AND REVISING SECTION 2-32 OF THE EDGEWATER CODE OF ORDINANCES RELATIVE TO LEGISLATIVE PROCEDURE FOR THE CITY COUNCIL; PROVIDING THAT ALL ORDINANCES, RESOLUTIONS, AND CONTRACT DOCUMENTS SHALL BE APPROVED AS TO FORM AND LEGALITY BY THE CITY ATTORNEY PRIOR TO INTRODUCTION; FURTHER PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS SHALL BE ENACTED PURSUANT TO STATE LAW; FURTHER PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS SHALL RELATE TO ONLY ONE SUBJECT MATTER WHICH IS CLEARLY REFLECTED IN ITS TITLE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The ordinance was then opened to public hearing by Mayor Christy. Mr. Vasquez questioned the ordinance, the City Attorney stated it is in compliance with home rule. Councilman Wilbur made a motion that we adopt the ordinance, Councilman Lodico seconded. Motion carried 3-1. Mayor Christy voted NO. 81-0-26 Calling of Special Meetings - 2nd reading The City Attorney read the ordinance by title only. AN ORDINANCE AMENDING SECTION 2-2 OF THE CODE OF ORDINANCES TO ALLOW THE CITY MANAGER TO CALL SPECIAL MEETINGS OF THE CITY COUNCIL IN ADDITION TO THE MAYOR, VICE MAYOR AND ACTING MAYOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The ordinance was then opened to public hearing by Mayor Christy. There was no comment from the audience. Councilman Pendleton made a motion that we adopt the ordinance, Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. 81-0-28 Truck Route - 2nd reading The City Attorney read the ordinance by title only. AN ORDINANCE AMENDING ORDINANCE 81-0-14, CODIFIED AT SECTION 17-4 OF THE EDGEWATER CODE OF ORDINANCES, TO ESTABLISH A TRUCK ROUTE WITHIN THE CITY OF EDGEWATER, FLORIDA; DESIGNATING CERTAIN STREETS WITHIN THE CITY FOR TRUCK TRAFFIC AND MANDATING PENALTIES FOR DEVIATION THEREFROM; PROVIDING FOR ENFORCEMENT OF SAID ORDINANCE AND PENALTIES FOR ITS VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE. The ordinance was then opened to public hearing by Mayor Christy. Mary Whittet thanked the Council for this ordinance. Councilman Pendleton made a motion that we adopt the ordinance, Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. The City Manager advised the signs will be put up. City Council Regular Meeting -3- 8/3/81 o Q 81-0-29 Chief Administrative Officer - 2nd reading The City Attorney read the ordinance by title only. AN ORDINANCE DESIGNATING THE CITY MANAGER TO BE THE CHIEF ADMINIS- TRATIVE OFFICER OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT THE CITY MANAGER SHALL FAITHFULLY PERFORM ALL ADMINISTRATIVE DUTIES IMPOSED UPON HIM BY THE CHARTER AND ORDINANCES OF THE CITY; FURTHER PROVIDING THAT THE CITY MANAGER MAY DESIGNATE. AN ACTING CITY. MANAGER TO ASSUME SAID RESPONSIBILITIES IN THE ABSENCE OF THE CITY MANAGER; FURTHER PROVIDING CONDITIONS THEREOF; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. The ordinance was then opened to public hearing by Mayor Christy. Mr. Vasquez questioned if an additional salary would be expected for the acting city manager. Mr. Mitchell responded this would be an appointed position in the event of his absence, and no additional pay would be involved unless the Council wished it. Councilman Lodico asked that the minutes reflect that Mr. Vasquez is a New Smyrna Beach resident, and not Edgewater. Mayor Christy stated the records show land-owner of Edgewater as he stated prior. Councilman Lodico made a motion we adopt the ordinance, Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. RESOLUTIONS 81-R-59 Triangle Refuse Franchise The City Attorney read the resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, GRANTING TO TRIANGLE REFUSE AN EXCLUSIVE FRANCHISE FOR THE COLLECTION OF TRASH AND GARBAGE WITHIN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Councilman Lodico made a motion to adopt the resolution, Councilman Wilbur seconded. Discussion followed regarding contract length. Councilman Pendleton made a motion to amend the resolution to read three years for the contract (8/3/81 to 8/3/84), Councilman Lodico seconded the motion. Motion to amend carried 4-0, then the motion to adopt the resolution carried 4-0. UNFINISHED BUSINESS The City Manager read the letter from Briley, Wild & Associates which recommends the acceptance by the City of the Pelican Cove Lift Station. Councilman Lodico made the motion that we accept the pump station at Pelican Cove, Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. NEW BUSINESS The City Manager made recommendations for dates for the two budget workshops. Because of conflicts, August 11th and 13th were determined. Councilman Pendleton made the motion that the regular meetings with hearings for September be scheduled for September 16th and 28th. Councilman Wilbur seconded. Motion carried 3-1. Mayor Christy voted NO. City Council Regular Meeting -4- 8/3/81 r "' I . . , . '0 o MISCELLANEOUS The City Manager commented regarding the time of holding public hearings, suggesting that they be held during the regular meeting period rather than at 6:30PM. Walter Gross commented on all the proposals in the budget and stated he'd like the City Manager to appear before the "real" people of Edgewater to explain them. Bill Phinney proposed taking old newspapers and cans and recycling them to produce income. He then stated the city should be told that Edgewater has met the 15% ~ater reduction mandated by the St. Johns Water Management District. Mr. Vasquez suggested a bond be posted for the workmanship on the Pelican Cove lift station for a period of time. He also commented on the lack of posting of ordinances when he came to City Hall earlier to look at them. Mrs. Blazi commented that the posted ordinances have been stolen, but that they may be seen upon request. Mr. Witzig spoke regarding a statement in a newspaper to pave a mile a year in the city, and asked if it is in the budget for next year. The City Manager advised there is a proposed annual road paving pro- gram plus an extension of water and sewer services in the recommended budget, and it will be reviewed at the public hearings on the budget. Councilman Pendleton complimented Mrs. McCallister for returning stolen signs which were found by her husband in a borrow pit at Enterprise. Councilman Lodico made the motion to adjourn Wilbur seconded. The meeting was adjourned. f"'1' , >J 1. f r, " .., ~~ J" ~ r:~ ~~ ., -, . - Councilman Minutes submitted by: Lura Sue Koser ~ ~. I' " .-~. ;,'-- .. - -:l~;;. ~ '- . \~, .~ .~ ~ .~ .' ATTEST: 7t~( ~ t 13f:J-t . Ci ty Cler' -r7 Il-( APPROVED THIS / /) DAY AUGUST, 19:1./~ ~?/// ayor City Council Regular Meeting 8/3/81 -5- \