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06-01-1981 - Regular (.) u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 1, 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. 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 Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Pendleton made a motion to approve the minutes of the public hearings and regular meeting of May 18, 1981, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Wilbur made a motion to approve the bills and accounts, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Mayor Christy requested the communication from Volusia County concerning the impact of the truck route be moved to this point of the agenda. The Council had no objections. The City Clerk read the letter from Clyde Mann, Chairman of the Volusia County Council, concerning the imposition caused by closing Hibiscus Street to trucks. (Ordinance 81-0-14) Mr. Richard George, of the County Manager's office, spoke in behalf of the County's position concerning the change of the truck route and the problems created. He said he would work with the City to help. A lengthy discussion followed and the Council stated that safety for the residents of the City was the foremost concern. Mr. Glaser addressed the Council concerning a letter written in 1979 regarding the truck route and the problems created for the residents of the area. The City Manager was instructed to work with the County to help resolve the problem. o o Mayor Christy requested the certification of tractor bids be moved to this point of the agenda and there was no objection from the Council. The City Clerk reviewed the bids received for a tractor and mower for the Street Department. The supervisor of the Street Department recommended that Volusia Ford Tractor Company be awarded the bid for the tractor at $7,450 and $749 for the mower. Mr. Warren Coward of Robinson Equipment Company spoke in behalf of his company regarding their bid. Councilman Pendleton made a motion to table the matter and have the City Manager look into the specifications, which was seconded by Councilman Wilbur. Mr. Earl Copeland spoke regarding the bids and specifications. Upon roll call the motion DID NOT CARRY 2-3. Councilman Lodico made a motion to award the bid to Volusia Ford Tractor Company, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. The City Clerk certified the funds were available from Federal Revenue Funds 1980-1981. OFFICERS REPORTS, BOARDS AND CO~rnITTEES The City Clerk read a letter from T. A. Wadsworth, Utilities Supervisor, regarding the wellfields which recommended the Council authorize the City Engineers to proceed with the design and specifications for the project. Councilman Wilbur made a motion to authorize Briley, wild & Assoc. to proceed with the design and specifications of the project and certify the funds are available from the Development Fund (Fund 44). There was a lengthy discussion regarding the well site. Upon roll call the motion CARRIED 5-0. The City Clerk read a request from Police Chief Baugh for author- ization to attend a seminar. Councilman Ledbetter made a motion to send the Police Chief to the Working Conference in Port St. Lucie, Florida June 28th through July 1st, with expenses of approximately $250.00. Councilman Pendleton seconded the motion. There was a brief discussion regarding the purpose of the conference. Upon roll call the motion CARRIED 5-0. Councilman Pendleton requested that Ordinance 81-0-19 be moved to this point of the agenda. There was no objection from the Council. The City Attorney read Ordinance 81-0-19# for the second reading. AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF EDGEWATER, FLORIDA, AS ESTABLISHED BY ORDINANCE 80-0-78, BY TRANSFERRING CERTAIN FUNDS FROM ONE CITY DEPARTMENT TO ANOTHER CITY DEPARTMENT TO FUND THE POSITION OF CITY MANAGER; AUTHORIZING SAID TRANSFER BY THE CITY CLERK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS REQUIRED BY LAW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Ben Vasquez questioned the City Attorney as to where the money was being transferred from. The City Attorney stated the necessary funds would be transferred from the Planning Department to F & A. Council Meeting 6/1/81 -2- Q o Councilman Lodico made a motion to adopt the Ordinance as read, which was seconded by Councilman Pendleton. Mayor Christy read Section 70 of the City Code and State Statutes 166.241 concerning the transfer of funds. He stated he felt it was illegal to transfer funds. The City Attorney clarified that the Charter provides that the City could appoint a City Manager and the Attorney General gave an opinion that the City does have that right. Further, the Council did have the right to transfer funds to cover the salary of the City Manager. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Lodico made a motion to administer the oath of office to Mr. Mitchell, the new City Manager. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mayor Christy excused himself from the Chair. The City Clerk administered the oath of office to Mr. Mitchell. The Mayor returned to the Chair and called a brief recess of the meeting so the tape recorder not working properly could be changed. The City Attorney read Resolution 81-R-54. A RESOLUTION DESIGNATING JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, AS PERSONNEL OFFICER OF THE CITY OF EDGE- WATER, PURSUANT TO ORDINANCE NO. 81-0-16, THE MERIT ORDINANCE OF THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the resolution as read which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. After a brief discussion Councilman Wilbur suggested that a workshop be set for June 9th to discuss the City Manager contract. The Council agreed to hold this workshop on that date at 7:00 P.M. There was further discussion and it was agreed to also discuss the Charter Review Board. The City Clerk read a letter from the Utilities Supervisor requesting authorization to attend a conference, with another employee. Councilman Wilbur made a motion to grant Mr. Wadsworth and Mr. Pettit authorization to attend the Water & Wastewater Support Systems Collection/Distribution Technology Seminar in Gainesville June 16th to 19th. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a request from Susan Wadsworth for a leave of absence. Councilman Ledbetter made a motion to grant Mrs. Wadsworth a four month leave of absence without pay, effective July 23, 1981, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Robert Dixon regarding his resignation from the Zoning and Planning Board. Council Meeting 6/1/81 -3- Q Q Councilman Lodico excused himself from the meeting. Councilman Ledbetter made a motion to accept Mr. Dixon's resignation, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the Zoning and Planning Board recommending Bill Phinney and Frank Opal for the vacancy on the Board. Mrs. Blazi also read a letter from Ken Winter requesting membership on the Board. Councilman Pendleton made a motion to appoint Ken winter to the Zoning and Planning Board, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. The City Attorney read Resolution 81-R-55. A RESOLUTION APPOINTING A MEMBER TO THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROB DIXON; REPEALTNG 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 3-1. Councilman Ledbetter voted NO. Councilman Lodico returned to the meeting. The City Clerk read a letter from the Industrial Development Board advising the Council of a vacancy created by Mr. Richardson being appointed to the new Code Enforcement Board, and requesting a new member be appointed. Mayor Christy stepped down from the Chair and made a motion to table the request, which was seconded by Councilman Wilbur. Vice Mayor Lodico questioned the City Attorney if this procedure was legal, which he affirmed was standard procedure. Upon roll call the motion CARRIED 5-0. Mayor Christy returned to the Chair. The City Clerk read a letter of information from the Merit Board thanking the City Attorney for his assistance in preparing the new Merit Ordinance. Councilman Lodico - Public Works Coordinator Councilman Lodico reported on the trees in Florida Shores that had been burned in the fires and questioned the authority the City had to cut them down. The City Attorney stated the City did not have the authority to take any action unless it was an emergency situation. Councilman Lodico reported that some of the holes at the park and pier had been filled. He also invited the public to inspect the new transfer station. Councilman Ledbetter - Public Safety Coordinator None Council Meeting 6/1/81 -4- o o Councilman Pendleton - Administration/Library Coordinator Councilman Pendleton reported on the City map which Mr. Cory has assigned to Mrs. Jouster to complete within 4-6 weeks at an additional cost of $250 to $400. Councilman Pendleton made a motion to waive the 90 day probation period for the City Manager for him to obtain employee benefits. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur - Public Utilities Coordinator Councilman Wilbur read a memo from the Utilities Supervisor concerning Mockingbird Lane water lines, as a matter of information for the Council. The memo stated the line was ready to be installed when needed. City Attorney Clay Henderson Mr. Henderson reported on the truck route, which he stated some progress was being made in that the State Attorney issued an opinion that violations would be a valid infraction. Mr. Henderson stated he was working with Tomoka Refuse on the new franchise agreement and they are willing to work with the City on the details. Mr. Henderson reported that the Zoning Ordinance and Charter are in the process of being updated to bring them into compliance with the Comprehensive Plan. He stated citizen input would probably be needed for the update to the Charter in the form of a:Charter Review Committee. Mr. Henderson also reported that the recent problem with the chickens on Park Avenue had been rectified. City Clerk Nancy F. Blazi Mrs. Blazi reported that a budget was submitted to the Council for the unappropriated funds at the last meeting in the amount of $36,100.00 for Federal Revenue Sharing funds. There was a brief discussion and Councilman Ledbetter made a motion to purchase a good public address system for the meetings and expend the money from the Federal Revenue Sharing funds. Councilman Wilbur seconded the motion. The City Attorney clarified that the only action the Council could take at this time is to authorize the City Attorney to draft the ordinance as it was advertised and add a line item to include the public address system. The City Manager was designated to research the public address system. Upon roll call the motion CARRIED 5-0. Mayor Robert H. Christy Mayor Christy requested he be informed the next time the Fire Department has a controlled burn so he can be more knowledgable when someone calls him to report a fire. Mayor Christy requested that the City Attorney research a recent development by Paul Roche where he owned the land and sold the buildings where the City did not get the benefit of the money for the recreation areas from a Subdivision. The Mayor felt this is a Subdivision created by the establishment of a street within the development. Council Meeting 6/1/81 -5- o o Mayor Christy stepped down from the Chair and made a motion that Utilities Supervisor, Terry Wadsworth, be paid a salary of $15,500, instead of his present salary. Councilman Wilbur seconded the motion. Councilman Pendleton recommended that the City Manager do a comparative wage study to bring the salaries in line. Upon roll call the motion DID NOT CARRY 2-3. Councilman Ledbetter, Councilman Pendleton and Vice Mayor Lodico voted NO. Councilman Ledbetter made a motion to instruct the City Manager to do a comparative wage study and bring it back to the next Council meeting. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from William Phinney requesting an opportunity to speak to the Council regarding meeting decorum. Mr. Phinney spoke to the Council and offered suggestions for maintaining order at the meetings. The City Clerk read a letter from Perry Barrett regarding opening an alley. There was a discussion concerning the fact that the Council had previously denied his request unless the alley was opened from block to block (18th Street to Indian River Blvd.) and no mention that he could stop the water run-off to the surrounding homes. The Council referred the matter to the City Manager to contact Mr. Barrett for more details and report back to the Council at the next meeting. The City Clerk read a Home Occupational License request from Roy Daniel Jeffers for a lawn mowing service. Councilman Ledbetter made a motion to grant the license request, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. The City Clerk read a Home Occupational License request from William P. Blandy for a handyman service. Councilman Ledbetter made a motion to grant the license request, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance 81-0-20 for the first reading. 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 HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the ordinance, which was seconded by Councilman wilbur. Upon roll call the motion CARRIED 5-0. Council Meeting 6/1/81 _6_ o o The City Attorney read Ordinance 81-0-21 for the first reading. 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. Councilman Wilbur made a motion to table this ordinance and discuss it at the workshop of June 9th, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Clerk read a letter from Briley, wild and Associates regarding the Carder annexation request, stating they had no objection to this annexation. Mayor Christy reported on the impact of this annexation to the City. He reviewed the possible revenue the City could realize for this proposed development. Councilman Lodico made a motion to remove Ordinance 81-0-18 from the table, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. The City Attorney read Ordinance 81-0-18 for the first reading. AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JAMES C. CARDER AND ROSEMARY CARDER TO THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 171.044 OF THE FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT A CERTIFIED COPY OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT IN VOLUSIA COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE, STATE OF FLORIDA, UPON ADOPTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the ordinance and Councilman Wilbur seconded the motion. Mr. Walter Gross questioned the adequacy of water for the proposed development, as well as sewer lines. He stated he intended to inform the residents of the City what this annexation would cost them. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. NEW BUSINESS Mayor Christy stated he had been in contact with Mr. Robert Niro, who is the State Attorney for the bond issue, concerning the application for the grant for water and sewer for Edgewater. The Mayor said the bond would run about $29 million. Councilman Lodico suggested the City Manager handle the application for the grant. Mayor Christy excused himself from the meeting. Vice Mayor Lodico took the Chair. Council Meeting 6/1/81 -7- . . o o MISCELLANEOUS Ben Vasquez welcomed the new City Manager, however cautioned the City as to entering into a contract with him at the present time, without checking with the City Attorney. He also spoke on his views of the future building going on in the City and suggested an impact fee on all apartment dwellings. Councilman Wilbur made a motion to adjourn, however this DIED for lack of a second. Mrs. Murphy also 'welcomed the new City Manager and hoped that he would be supplied with an adequate office. ADJOURN Councilman Wilbur made a motion to adjourn, which was seconded by Councilman Ledbetter. The meeting was adjourned. Minutes submitted by: Patsy L. McCann ~p Mayor ~. '2{ 5i 2- \j ~ ~ ATTEST: ~ ~ ~ ' qL~ ~ .~Hl""I, 'it '...'.....APPROV.ED< THIS IS - DAY OF ., ~] - JUNE~, ,,-1981:. "': Mayor '- ;<,. ,~~.:~A ~~ Council Meeting 6/1/81 -8-