07-06-1981 - Regular
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CITY OF EDGEWATERA,DOPTED
CITY COUNCIL REGULAR MEETING
July 6, 1981
CALI:, TO ORDER
Mayor Robert H. Christy called the Regular Meeting of the City
Council of the City of Edgewater to order at 7:00 P.M. in the
Community Center.
There was a silent invocation and the salute to the flag.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David C. Ledbetter
Councilman Wilbert Pendleton
Councilman John T. Wilbur
City Attorney Clay Henderson
City Manager Joseph Mitchell
City Clerk Nancy F. Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
Present
APPROVAL OF MINUTES
Councilman Pendleton made a motion to approve the minutes of the
regular meeting of June 15th, which was seconded by Councilman
Wilbur.
Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO
because he did not have a copy.
Councilman Wilbur made a motion to approve the minutes of the
special meeting of June 25th, which was seconded by Councilman
Pendleton.
Upon roll call the motion CARRIED 3-2. Mayor Christy voted NO
because he said it was an illegal meeting, and Councilman
Ledbetter voted NO.
James Newell addressed the Council regarding the problem the
Council is having in working together.
BILLS AND ACCOUNTS
Councilman Lodico made a motion to pay the bills, which was
seconded by Councilman Pendleton.
Upon roll call the motion CARRIED 3-2. Mayor Christy and
Councilman Ledbetter voted NO.
REPORTS
(a) Manager and Department Heads
The City Manager stated that the Council had been furnished
departmental reports. There were no questions from the Council
concerning the reports.
(b) Boards and Committees
The City Manager stated there were two (2) vacancies on the
Industrial Development Board (Mr. Richardson and Mr. Ott had
resigned) and there was one (1) vacancy on the Zoning and Planning
Board (Mr. Macino had resigned) .
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Dolly Bloss had been elected by the employees as their Merit
Board representative. There were also two letters from Frank
Opal and James Mackie requesting appointment to the Zoning and
Planning Board.
Councilman Ledbetter made a motion to appoint Frank Opal to the
Zoning and Planning Board, then withdrew the motion. Councilman
Ledbetter said that he understood there were plans to reduce the
number of Zoning and Planning Board members.
Councilman Pendleton said he was not aware of any desire to reduce
the membership and made a motion to TABLE for further information.
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 5-0.
Councilman Lodico suggested Mr. Macino and Mr. Gnau be appointed
to the Industrial Development Board.
Councilman Wilbur made a motion to appoint Mr. Macino to the
Industrial Development Board, which was seconded by Councilman
Lodico.
Upon roll call the motion CARRIED 5-0.
Councilman Wilbur made a motion to appoint Mr. Gnau to the Industrial
Development Board, which was seconded by Councilman Lodico.
Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO.
Councilman Wilbur made a motion to appoint Dolly Bloss to the
Merit Board, which was seconded by Councilman Pendleton.
Upon roll call the motion CARRIED 5-0.
The City Manager stated the Board of Governors wished to discuss
usage and scheduling of the community center, however no represen-
tative of the Board was able to attend the meeting.
Councilman Pendleton made a motion to TABLE this matter until the
next meeting, which Councilman Wilbur seconded.
Upon roll call the motion CARRIED 5-0.
COMMUNICATIONS
None
ORDINANCES
(1) 81-0-21 Water Conservation - 2nd Reading
The City Attorney read Ordinance 81-0-21 by title only.
AN ORDINANCE OF THE CITY OF EDGEWATER AUTHORIZING THE CITY MANAGER
TO PROHIBIT OR CURTAIL CERTAIN USES OF WATER, TO ALLOCATE AVAILABLE
WATER RESOURCES TO DISCONTINUE THE EXTENSION OF WATER SERVICE, AND
TO REVISE WATER USE RATES DURING WATER SHORTAGE CONDITIONS; DEFINING
THE TERMS PERTAINING THERETO; PROVIDING FOR APPLICATION OF ORDINANCE,
PROVIDING FOR ENFORCEMENT AND PENALTIES; SEVERABILITY CLAUSE; AND
FOR OTHER PURPOSES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
Mayor Christy announced the Public Hearing on this ordinance was
open for public participation. Mr. Ben Vasquez, Robert Witzig,
Frank Opal and James Newell spoke to the Council in opposition of
this ordinance, specifically the City Manager power to enforce and
increase the water rates.
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Councilman Ledbetter asked about the City bearing the burden of
water used to fight the recent fires in the County. He suggested
establishing a method for using raw water to fight fires, not
expensive treated water.
Councilman Ledbetter made a motion to reject Ordinance 81-0-21
as it was not in the best interest of the City.
The motion DIED for lack of a second.
Councilman Lodico made a motion to adopt Ordinance 81-0-21, which
was seconded by Councilman Wilbur.
There was a discussion regarding the City Manager power in the
ordinance.
Councilman Wilbur made a motion to amend Section 3, Article 2 to
read City Council, not the City Manager. Councilman Pendleton
seconded the motion.
Upon roll call the motion for amendment to the motion CARRIED 3-2.
Councilman Ledbetter and Mayor Christy voted NO.
Upon roll call the motion to adopt the ordinance CARRIED 3-2.
Councilman Ledbetter and Mayor Christy voted NO.
(2) 81-0-22 Federal Revenue Sharing - 2nd Reading
The City Attorney read' Ordinance 81-0-22 by title only.
AN ORDINANCE APPROPRIATING $36,100 IN FEDERAL REVENUE SHARING FUNDS
FOR THE FISCAL YEAR 1980-1981 IN THE CITY OF EDGEWATER, FLORIDA;
REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Mayor Christy announced the Public Hearing on this ordinance was
open to the public for discussion. Mr. Ben Vasquez spoke to the
Council concerning the water hookup to New Smyrna Beach.
Councilman Wilbur made a motion to adopt the ordinance, which was
seconded by Councilman Lodico.
Upon roll call the motion CARRIED 5-0.
(3) 81-0-24 Coordinator System - 1st Reading
The City Attorney read Ordinance 81-0-24.
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 EDGEWATER, 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
$1,000.00 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 PROVIDING AN
EFFECTIVE DATE.
Councilman Pendleton made a motion to adopt the ordinance, which
was seconded by Councilman Wilbur.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter
and Mayor Christy voted NO. Mayor Christy stated he had not
received a copy of the ordinance.
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(4) 81-0-25 Introduction of Ordinances and Resolutions - 1st Reading
The City Attorney read Ordinance 81-0-25.
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.
Councilman Wilbur made a motion to adopt the ordinance, which was
seconded by Councilman Lodico.
Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman
Ledbetter voted NO.
(5) 81-0-26 Authority to Call Special Meetings - 1st Reading
The City Attorney read Ordinance 81-0-26.
AN ORDINANCE AMENDING SECTION 2-22 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.
Councilman Lodico made a motion to adopt the ordinance and Councilman
Pendleton seconded the.motion.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and
Mayor Christy voted NO.
(6) 81-0-27 Civil Defense, Chapter 8 - 1st Reading
The City Attorney read Ordinance 81-0-27.
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 ORGANIZATION 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.
After a brief discussion Councilman Ledbetter made a motion to
TABLE the ordinance for further study, which was seconded by
Councilman Pendleton.
Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO.
The Council set a workshop to discuss the ordinance for Thursday,
July 16th at 3:00 P.M. at City Hall.
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(7) 81-0-28 Truck Route - 1st Reading
The City Attorney read Ordinance 81-0-28.
AN ORDINANCE AMENDING ORDINACE 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.
Councilman Wilbur made a motion to adopt the ordinance on an
emergency basis, which was seconded by Councilman Pendleton.
The City Attorney stated that adoption on an emergency basis
would require the meeting to be open to the public for discussion
of the ordinance.
Mr. Mosher, Mr. Witzig, Mr. Vasquez, Mr. Cody and Mr. Tipton spoke
to the Council concerning their feelings regarding the route.
Upon roll call the motion DID NOT CARRY 3-2 since it was not
sufficient for passage on an emergency basis. Mayor Christy and
Councilman Ledbetter voted NO.
As an interim measure the placement of signs along the truck route
was discussed.
Councilman Wilbur made a motion to have the Police Chief put up
signs along the route, which was seconded by Councilman Pendleton.
Councilman Wilbur restated his motion to have the City Manager
and the Police Chief take care of whatever signs are needed, which
was seconded by Councilman Pendleton.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and
Mayor Christy voted NO.
Councilman Pendleton made a motion to adopt Ordinance 81-0-28 for
the first reading, and Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and
Mayor Christy voted NO.
(8) 81-0-29 Acting City Manager - 1st Reading
The City Attorney read Ordinance 81-0-29.
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 RESOtUTIONS IN CONFLICT HEREWITH; DIRECTING THE
CITY CLERK TO ADVERTISE THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
Councilman Wilbur made a motion to adopt the ordinance. Councilman
Lodico seconded the motion.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and
Mayor Christy voted NO.
Mayor Christy called a ten minute recess of the meeting.
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RESOLUTIONS
(1) 81-R-60 Appointment to VLOM
The City Attorney read Resolution 81-R-60.
A RESOLUTION DESIGNATING COUNCILMAN WILBERT PENDLETON AS THE
REPRESENTATIVE FROM THE CITY OF EDGEWATER, FLORIDA, TO THE
VOLUSIA LEAGUE OF MUNICIPALITIES, AND PROVIDING FOR THE REPEAL
OF RESOLUTION NO. 746, AND ALL OTHER RESOLUTIONS IN CONFLICT
HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
Councilman Wilbur made a motion to adopt the resolution, which
was seconded by Councilman Lodico.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and
Mayor Christy voted NO.
(2) 81-R-57 Charter Committee
The City Attorney read Resolution 81-R-57.
A RESOLUTION CREATING A CHARTER REVIEW COMMISSION FOR THE CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR PURPOSE AND DUTIES OF SAID
BOARD; APPOINTING MEMBERSHIP THEREOF, REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur made a motion to adopt the resolution and
Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
(3) 81-R-61 Merit Board Representative
The City Attorney read Resolution 81-R-61.
A RESOLUTION CONFIRMING DOLLY BLOSS AS EMPLOYEE REPRESENTATIVE
OF THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR THE
UNEXPIRED ONE YEAR TERM TO CONCLUDE JANUARY 19, 1982, REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE
DATE.
Councilman Pendleton made a motion to adopt the resolution, which
was seconded by Councilman Wilbur.
Upon roll call the motion CARRIED 5-0.
(4) 81-R-62 Industrial Development Board Member
A RESOLUTION APPOINTING A MEMBER TO THE INDUSTRIAL DEVELOPMENT
BOARD FOR THE CITY OF EDGEWATER, FLORIDA, FOR A TERM ENDING
JANUARY 7, 1983, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH,
AND PROVIDING AN EFFECTIVE DATE.
Councilman Lodico made a motion to adopt the resolution.
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted
NO.
(5) 8l-R-63 Industrial Development Board Member
The City Attorney read Resolution 81-R-63.
A RESOLUTION APPOINTING A MEMBER TO THE INDUSTRIAL DEVELOPMENT
BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM ENDING
APRIL 23, 1982; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur made a motion to adopt the resolution, which was
seconded by Councilman Ledbetter.
Upon roll call the motion CARRIED 5-0.
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The Council discussed members for the Charter Review Board as
follows:
Councilman Lodico suggested M. F. Wheeler, S. Siciliano, V. Macino,
K. Millard and E. Wetzel.
Councilman Ledbetter suggested W. Phinney, R. Witzig, F. Opal,
C. Cohrane and A. R. Foleno.
Councilman Pendleton suggested E. Yackel, G. Ladhoff, R. Bates,
K. Dore and Lucy Engle.
Councilman Wilbur suggested R. Tipton, Shirley Mason, R. Moore,
Roy Petty and Bob Wilson.
Mayor Christy suggested Mortimer Mosher and K. Sanborn. Additional
names will be submitted later and the Mayor will inform the City
Clerk so a complete membership list can be made.
UNFINISHED BUSINESS
The City Attorney reported favorably on the present negotiations
with the FEC for new well sites.
After further discussion Councilman Wilbur made a motion to
authorize Briley, Wild & Associates to take the necessary steps to
begin procedures for permits for wells and to go out for bids.
Councilman Lodico seconded the motion.
Upon roll call the motion CARRIED 5-0.
NEW BUSINESS
(a) Ratification of Appointment
The City Manager stated no action would be necessary regarding this
matter since Mr. Melvin Copeland did not wish the position as
Superintendent of Parks.
(b) Occupational License Requests
A request from Harold Norman of 205 Cherrywood Lane in R-2A zone
for lawn care was presented.
Councilman Ledbetter made a motion to grant Mr. Norman the Home
Occupational License, which was seconded by Councilman Lodico.
Upon roll call the motion CARRIED 5-0.
A request from Mark Hilldale, 1500 Needle Palm Drive in the R-2B
zone for landscaping was presented.
Councilman Wilbur made a motion to grant Mr. Hilldale the Home
Occupational License, which was seconded by Councilman Lodico.
Upon roll call the motion CARRIED 5-0.
(c) Request to Vacate Street
The City Clerk read a request from a developer, Mr. Bartlett, to
vacate the South 250 ft. of Live Oak Street.
After a brief discussion Councilman Ledbetter made a motion to
deny the request, which was seconded by Councilman Pendleton.
Upon roll call the motion CARRIED 5-0.
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MISCELLANEOUS
Mr. Phinney spoke on the City Manager calling special meetings.
The City Manager stated this was usually standard procedure for
all City Managers.
Mr. Vasquez questioned the transfer of funds from the Planning
Department to hire a City Manager.
The Council felt this issue had been discussed at many previous
meetings so further discussion would not be necessary.
Mr. Opal questioned an issue in 1977 and the overrule of one
judge over another.
The City Attorney presented documents concerning the matter to
clarify any misunderstanding on calling special meetings.
ADJOURN
Councilman Wilbur made a motion to adjourn the meeting and
Councilman Pendleton seconded the motion.
Upon roll call the meeting was adjourned upon a motion of 3-2.
Mayor Christy and Councilman Ledbetter voted NO.
Minutes submitted by:
Nancy F. Blazi
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ATTEST:
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APPROVED THIS c2 0 -DAY OF
JULY, 1981.
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