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06-15-1981 - Regular ~ ~ u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 15, 1981 CALL TO ORDER Mayor Robert H. Christy called the Regular Meeting of the City Council of the City of Edgewater to order at 7:00 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 Because of the recent fires and those still in process, Mayor Christy requested the Council address the question of approval for additional radio equipment so the Fire Chief would not be detained. Fire Chief Dave Severance spoke to the Council concerning the problem and equipment needed. He also discussed the emergency requirement for replacement tires for the fire trucks. He commended the Police Department, Rescue. Unit and Dispatchers for their assistance during these brush fires. Councilman Wilbur made a motion to approve the purchase of additional equipment in the amount of $2,816, which was stated the money is available in the budget. Councilman Pendleton seconded the motion. The motion CARRIED 5-0. Councilman Ledbetter made a motion to approve the tire purchase, which was seconded by Councilman Lodico. The motion CARRIED 5-0. APPROVAL OF MINUTES Councilman Pendleton made a motion to approve the minutes of the regular meeting of June 1, 1981, which was seconded by Councilman Wilbur. The motion CARRIED 5-0. Councilman Lodico made a motion to waive Roberts Rules of Order to follow the new agenda format. Councilman Wilbur seconded the motion. The motion CARRIED 5-0. OLD BUSINESS (a) City Manager Contract - Resolution 81-R-56 The City Attorney read Resolution 81-R-56. A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE A CERTAIN AGREEMENT WITH JOSEPH MITCHELL AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Q u Mayor Christy read from the Charter concerning submitting agenda items to his attention. He further questioned a referendum passed in 1963 concerning the Charter and stated the present Charter has never been approved by the people. Councilman Wilbur made a motion to accept the resolution and Councilman Pendleton seconded the motion. The agreement between the City and the City Manager to be incorporated into the resolution was discussed. Councilman Ledbetter questioned the City Clerk if she could certify the availability of funds for three years to cover the contract. He also asked if the City Council had approved the funds in the budget. Mrs. Blazi stated she could not certify the funds availability for the next three years since those budgets have not been set or approved by Council. The City Attorney stated that the Supreme Court had ruled that a City Council could contract for professional services in excess of the budget year and provide for the money. He further clarified "line item" budget items in the budget for salaries, etc. Councilman Pendleton made an amendment to the motion to include two (2) years in Section 2 of the agreement; payable on a weekly basis, which was seconded by Councilman Lodico. The motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Councilman Pendleton made an amendment to the motion to include 3/5 vote in Section 9 of the agreement, which was seconded by Councilman Wilbur. The motion CARRIED 3-2. Councilman Wilbur made agreement for the City of twenty-four months, The motion CARRIED 3-2. voted NO. a motion to include a stipulation in the Manager not to resign within a period which was seconded by Councilman Lodico. Mayor Christy and Councilman Ledbetter Regarding the motion to accept the resolution, the motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. (b) Charter Committee - Resolution 81-R-57 The City Attorney read the Resolution 81-R-57 title and a synopsis of the contents due to the length of the resolution. 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 table the resolution until the next meeting, July 6th, which was seconded by Councilman Lodico. The motion CARRIED 5-0. (c) Opening of Alley - 18th Street to Indian River Blvd. The City Manager reported on the subject and stated Mr. Barrett is willing to put in the alley if the City would grade and drain, then he will provide the shell. Members of the audience were given the opportunity to relate their views on the opening of this alley behind Hibiscus. Councilman Wilbur made a motion to approve the opening of the alley by Mr. Barrett, which was seconded by Councilman Pendleton. The motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Councilman Ledbetter indicated he voted no because it was not what the man asked for originally. Council Meeting 6/15/81 -2- : o Q NEW BUSINESS (a) Bank Signatories ~ReSblution81~R-58 The City Attorney read Resolution 81-R-58. A RESOLUTION AUTHORIZING CITY CLERK NANCY BLAZI TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY. OF EDGEWATER, FLORIDA, AND TO BE AN AUTHORIZED SIGNATORY ON ALL BANK ACCOUNTS. OF THE CITY OF EDGEWATER, FLORIDA, AND FURTHER AUTHORIZING ~~YOR ROBERT H. CHRISTY, VICE MAYOR, JACOB LODICO, ACTING MAYOR JOHN WILBUR, CITY MANAGER, JOSEPH MITCHELL, AND DEPUTY CITY CLERK, SUSAN J. WADSWORTH TO BE AUTHORIZED SIGNATORIES. ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the resolution, which was seconded by Councilman Wilbur. The motion CARRIED 4-1. Mayor Christy voted NO. (b) Home Occupational License Approval The City Clerk read a request from William F. Muller for a license for small appliance repairs in his home at 17 Wildwood Drive. Mr. Muller was questioned by the Council concerning his intentions of repair in a residential area. Councilman Ledbetter spoke in opposition to the request. The City Attorney reviewed the requirements concerning home occupational licenses. Councilman Wilbur made a motion to grant the license, which was seconded by Councilman Pendleton. The motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. It was the concensus of opinion that other cities should be contacted to see how th~y handle home occupational licenses. ORDINANCES (a) 81-0-20 Site Plan Application Fee - 2nd Reading The City Attorney read ordinance 81-0-20. AN ORDINANCE ESTABLISHING APPLICATION PROCEDURES FOR THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR REZONING AND SITE PLAN APPROVAL UNDER SECTION 715.00 OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, REPEALING ALL ORDINANCES IN CONFLICT HEREvlITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the meeting for public hearing concerning the ordinance. Mr. Walter Gross asked the Council to explain the charge. The City Attorney stated the charge was to cover the administrative charges in connection with the site plan review. Councilman Pendleton made a motion to adopt the ordinance, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. (The City Attorney had stated that a roll call vote would be necessary on all ordinances.) Council Meeting 6/15/81 -3- : o (,) (b) 81-0-21 Water Conservation - 1st Reading The City Attorney read Ordinance 81-0-21 and Amendment 1. 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 TE~MS PERTAINING THERETO; PROVIDING FOR APPLICATION OF ORDINANCE, PROVIDING FOR ENFORCE- MENT AND PENALTIES; SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. AN AMENDMENT TO ORDINANCE 81-0-21 TO PROVIDE IN SECTION 1 THEREOF A DEFINITION FOR THE TERM "E.L.U." OR "EQUIVALENT LIVING UNIT"; FURTHER PROVIDING FOR THE PLACEMENT OF SAID AMENDMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to accept the amendment to the ordinance, which was seconded by Councilman Pendleton. Councilman Ledbetter stated he felt the ordinance was not in the best interest of the City. Upon roll call on the amendment the motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Councilman Ledbetter made a motion to reject the ordinance because it is not in the best interest of Edgewater. The motion DIED for lack of a second. Councilman Lodico made a motion to adopt the ordinance because it would benefit the citizens of Edgewater. Councilman Wilbur seconded the motion. The City Attorney related that he had been in contact with the DER and their position that a building moratorium would become official and would be in effect until the City takes affirmative action in adopting water conservation measures and securing additional water wells. Mayor Christy opened the meeting to public input regarding the ordinance. Mr. Gross and Mr. Opal questioned the Council on several points. Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Mayor Christy stated he was voting No because of Sections 3 and 5. ;fT,{_ (;~ (c) 81-0-22 federal Revenue Sharing - 1st Reading :r.ttk.; 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. Councilman Wilbur made a motion to accept the ordinance, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. (d) 81-0-23 Amendment to Code re Order of Business - 1st Readinq AN ORDINANCE AMENDING SECTION 2-26 OF THE CODE OF ORDINANCES TO DELETE THE FO~mL ORDER OF BUSINESS FOR COUNCIL MEETINGS; FURTHER PROVIDING THAT THE ORDER OF BUSINESS SHALL BE AS THE MAYOR AND COUNCIL SHALL DETERMINE; AND DESIGNATING THE CITY MANAGER TO PREPARE THE AGENDA FOR COUNCIL MEETINGS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council Meeting 6/15/81 -4- . . o o Councilman Ledbetter made a motion to table the ordinance until the next meeting, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. COMMENTS FROM AUDIENCE Mrs. Taylor requested the Council return to the "roll call" method on items voted on. Mrs. Opal stated she opposed the methods being used at City Hall to conserve paper. Mr. Opal questioned a 1963 Code Book and the documents being kept at City Hall. He indicated he was having difficulty finding items he was looking for, especially Section 23. Mr. Opal was told he could come into City Hall and review the documents in question. The City Attorney stated the State Legislature had repealed the Section in question. Mr. Walter Gross questioned the City Attorney regarding being allowed to speak at the Council meetings. The City Attorney stated there is no provision in the Constitution concerning his right to speak. He indicated that there is a provision in the State Statutes for a citizen public hearing concerning the adoption of ordinances. Mr. Witzig spoke concerning the subject of annexation. Mr. Muller inquired about a letter he had submitted to the Mayor, City Manager and Council, and asked if they had received a copy. The City Manager explained that he had been given the letter, investigated the matter of the drainage ditches in Wildwood and had written him a letter in return. Mayor Christy stated he was not receiving his mail and there was an ordinance to the effect that people could submit agenda items by noon on Thursday. Rev. Hardin said the noise was too much. Mayor Christy called a ten minute recess. REPORTS (a) Finance - Bills and Statements Councilman Wilbur made a motion to pay the bills, which was seconded by Councilman Pendleton. The motion CARRIED 5-0. Councilman Wilbur made a motion to adjourn, which was seconded by Councilman Lodico. The meeting was adjourned. Minutes submitted b~~ Patsy L. McCann Mayor ~. ( Council Meeting 6/15/81 -5- , " " . .. o ATTEST: hrkf tJ~' /fL APPROVED THIS W ---- DAY OF JULY, 1981. _~d / ~~/.~ Mayor Council Meeting 6/15/81 ~ ,=.'&t~~~ councllrnan ~rL~ 1 ~~ (junCilman -6- ~ ~~ /