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05-04-1981 - Public Hearing/Regular " '-> , . ~ ... 't c.) CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING May 4, 1981 CALL TO ORDER Mayor Robert H. Christy called the Public Hearing of the City Council of the City of Edgewater to order at 6:30 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Absent Absent Present Present (Late) Present Present The purpose of the public hearing was to discuss the proposed use of unappropriated Federal Revenue Sharing Funds for 1980-1981. The allocations for,the unappropriated $36,1'00 were discussed as follows: Water Department (Interconnection Lines) $8,000; Police Department (car) $8,000; Parks and Maintenance (ballfield) $10,000; Civil Defense (hurricanes, fires, etc.) $5,000 and Unappropriated $5,100. Mrs. Taylor requested some of the funds be used toward recreational areas. Mr. Sanborn suggested spending some of the funds for additional boat docking facilities. There were no further comments by the audience or Councilman. ADJOURN Councilman Lodico made a motion to adjourn the Public Hearing, which was seconded by Councilman Wilbur. The Public Hearing was adjourned. CITY COUNCIL REGULAR MEETING 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 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 Q u INVOCATION silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Pendleton made a motion to approve the minutes of the regular meeting of April 20, 1981. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Lodico made a motion to approve the minutes of the special meeting of April 27, 1981, which Councilman Pendleton seconded. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Pendleton made a motion to approve the bills and accounts, which Councilman Wilbur seconded. Upon roll call the motion CARRIED 5-0. OFFICERS REPORTS, BOARDS & COMMITTEES Mayor Christy presented Mr. Sam Gross with a Proclamation commending him for the many times he has helped sick animals. The City Clerk read a request from the Public Works Department to authorize advertising for bids for a tractor mower to be returned by May 29th. Councilman Wilbur made a motion to advertise for bids for a tractor mower allocated from the appropriated Federal Revenue Sharing funds, to be returned by May 29th. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a request from Mayor Christy concerning the up- dating of the Edgewater Charter. Councilman Pendleton made a motion to authorize the City Attorney to review the Charter and make a list of outdated sections to set a workshop meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the zoning and Planning Board advising them of Mary Perozziello's resignation from the Board and their recommendation for her replacement. Councilman Ledbetter made a motion to accept Mrs. Perozziello's resignation, with regret, which was seconded by Councilman Lodico. Mayor Chrrsty requested a letter be sent to Mrs. Perozziello in appreciation for the years of service given to the City. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to appoint Bill Phinney as a replacement to fill Mrs. Perozziello's unexpired term. The motion DIED for lack of a second. Council Meeting 5/4/81 -2- ~ ~ Councilman Wilbur made a motion to accept the Zoning and Planning Board's recommendation and appoint Nat Kroman to the Board. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. The City Clerk read a letter from the Zoning and Planning Board stating their recommendations from their April 28th meeting. The Council took the following action: 1. Councilman Ledbetter made a motion to accept the recommendation that the maximum height of the roof (highest peak) should be no more than 22 feet above the flood level plane for single family, one-story dwellings in the R-IA zoning district, which Councilman Wilbur seconded. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Mayor Christy voted NO. 2. Councilman Wilbur made a motion to allow a City Engineer representative attend the Zoning and Planning Board meetings when needed, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. 3. Councilman Wilbur made a motion approve the one year time limitation from the time the site plan is approved to the time the building permit is issued, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. 4. Councilman Wilbur made a motion to send all annexation requests to the Zoning and Planning Board for compliance with the Comprehensive Plan, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. The Council authorized the City Attorney to hold all approved recommendations affecting the 880 Ordinance until August for a one- time revision in lieu of intermittent revisions. The City Clerk read a letter from the Board of Adjustments advising the Council of the resignation of Mr. Sloan and their recommendation of Mr. Cecil Roush as a replacement member. Councilman Ledbetter made a motion to appoint Frank Opal to the Board of Adjustments, which was seconded by Councilman Lodico. Upon roll call the motion DID NOT CARRY 2-3. Councilmen Pendleton, and Wilbur and Mayor Christy voted NO. Councilman Wilbur made a motion to accept the recommendation of the Board of Adjustments and appoint Cecil Roush to the Board, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Councilman Ledbetter requested the City Attorney to research the provision in the Charter that allows the Councilman from each Zone to appoint people from his Zone to the Advisory Boards. He requested this information be presented at the next Council Meeting May 18th. There was no objection from the Council. The City Clerk read a letter from Harry Haeseker requesting a meeting date to begin negotiations on the Labor Agreement between the City of Edgewater and the Volusia County Police Benevolent Association. Councilman Ledbetter made a motion to have the City Clerk set a date and begin preliminary negotations with..the Police Chief and PBA and bring the proposal back to the Council. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 5/4/81 -3- u Q Councilman Lodico - Public Works Coordinator Councilman Lodico stated Mr. Al Blazi, Parks and Maintenance Department Supervisor was resigning on May 14th and he would appoint someone on a temporary basis to fill this position. Councilman Lodico reported on the progress of the transfer station. Councilman Ledbetter - Public Safety Coordinator Councilman Ledbetter stated he received a telephone call from an attorney in California regarding the Eastern Shores Trailer Bark utility fees. City Attorney Henderson clarified that he had been in contact with Mr. Vidabor and the problem appears to be a misunderstanding between connection fees and development fees. Councilman Wilbur made a motion to turn this matter over to the City Attorney and for him to report back to the Council on May 18th. Councilman Lodico:. seconded. the motion. Upon roll call the motion CARRIED 5-0. Councilman Pendleton - Administrative Coordinator Councilman Pendleton read a letter he had received from Robert Fisher regarding traffic speeding on the South end of Flagler Avenue. Police Chief Baugh stated his department had been patrolling the area and several tickets had been issued. The City Clerk was requested to write Mr. Fisher a letter indicating the action taken on this matter. Councilman Wilbur - Public Utilities Coordinator Councilman Wilbur gave a report on the proposed five year conversion plan to vapor street lights. Councilman Wilbur made a motion to grant a salary increase 0~ 5% to Terry Wadsworth, Water/Wastewater Department Supervisor, as discussed at a previous meeting, with a 3% merit raise, retroactive to October 1, 1980. The motion DIED for lack of a second. Councilman Ledbetter made a motion to grant Mr. Wadsworth a 5% salary increase, with a 3% merit raise, as of May 1, 1981. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Wilbur requested the City Clerk check the records to see when the other supervisors received their raises and if Mr. Wadsworth's should be retroactive then it could be brought up at another meeting. Councilman Wilbur requested a sign be put up on U.S. 1 to designate the ballfield area. Councilman Wilbur requested the City Clerk check previous Council minutes regarding staggering the street lights on Indian River Blvd. since this had not been done, so this matter could be put on the agenda for May 18th. City Attorney Clay Henderson Mr. Henderson reported that he was attending all of the Advisory Board meetings and commended the members on the efficient job they were doing. Council Meeting 5/4/81 -4- .. . Q Q City Clerk Nancy F. Blazi Mrs. Blazi requested the Council authorize the Mayor to sign the engagement letter from Ma~ Zima & Co. as representative of the City. Councilman Pendleton made a motion to authorize the Mayor sign the engagement letter to Ma~ Zima & Co., which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Councilman Ledbetter requested the City Attorney to prepare a written legal opinion concerning the legality of an auditing firm selling the computer and software and then preparing an audit. The City Clerk read a letter from Briley, Wild & Associates requesting the contractor's bond be released concerning the sewage treatment plant. Councilman wilbur made a motion to table this matter until the next Council meeting, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Band Parents Association requesting permission to have a fund raising drive on-May 9th to benefit the high school band for uniforms. Councilman Ledbetter made a motion to authorize the fund raising drive, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. Mayor Robert H. Christy Mayor Christy read a letter from the Florida House of Representatives concerning occupational license fee collections. Councilman Pendleton made a motion to authorize the Mayor draft a letter and resolution in opposition of the Bill before the House, with the assistance of the City Attorney. Councilman wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy reported on his effort to establish Menard Beach as a historical site. Mayor Christy reported on the County Council taking over the Port Authority, however the City Council declined taking any action on this matter. Mayor Christy requested the Humane Society not having to pay for the use of the Community Center for their bingo games. Councilman wilbur made a motion to allow the Humane Society use the Community Center for bingo games without paying a fee, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a request from Ronald Manhart for a Home Occupational License for a lawn business. Councilman Pendleton made a motion to grant the license request and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 5/4/81 -5- u Q The City Clerk read a letter from the Alanda Corporation requesting a permit for a construction trailer. Councilman Ledbetter made a motion to grant the trailer permit, for 90:;days, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. It was 'not bnbught to the administrative attention regarding a Horne Occupational License request, however Barbara Dresser was in the audience and was informed she would be on the agenda, therefore the Council considered her request concerning a janitorial 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. The City Clerk read a petition from surrounding neighbors concerning the noise and lights at Skater's Haven. Mr. William Aikens acted as spokesman of the group and requested the music be turned down and the building be enclosed. A discussion followed and the Council recommended this matter be turned over to the Police Department to survey the matter and report back to the Council at their next meeting. The City Clerk read a letter from Perry Barrett requesting the Council vacate an alley. Councilman Ledbetter made a motion to deny the request, unless the alley is opened block to block. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Thomas Loveland and John Gross requesting the Council vacate Sanchez Avenue. Mr. Gross requested this matter be tabled until the next Council meeting. Councilman Pendleton made a motion to table this request until the Council Meeting of May 18th. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Jack Walker requesting authority to sell produce from his home. (Hamilton Street) Councilman Ledbetter made a motion to grant the request after a discussion that his home was in the B-3 zone. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Mosher requesting approval by the Council to keep chickens at his home. A lengthy discussion followed concerning the existing animal ordinance. Mr. and Mrs. Mosher spoke in their behalf. Councilman Wilbur made a motion to send this request back to the Animal Control Officer to enforce the ordinance. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 5/4/81 -6- Q o \ The City Clerk read a letter from Frank Opal requesting appointment to one of the Advisory Boards in the City. Mayor Christy stated at the present time there were no vacancies on any of the Boards. Mr. Opal said he was deliberately being discriminated against by not being appointed to any of the boards. RESOLUTIONS The City Attorney stated Resolution 81-R-46 could not be passed at this point of the meeting until the second reading of the ordinance, however Mr. Vandergriff, Chairman of the Merit Board, could explain the Employee manual. Mr. Vandergriff reviewed the manual in general and answered specific questions by the Council. The City Attorney read Resolution 81-R-47. A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE A LEASE AGREEMENT WITH OFFICIALS OF THE BOY SCOUTS OF AMERICA TROOP 406; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to table this resolution until the lease agreement was complete. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Lodico made a motion to hold a public hearing on June 1st at 6:30 P.M. concerning leasing the land to the Boy Scouts and advise the ajoining property owners. Councilman Ledbetter seconded the motion. There was a .lengthy discussion concerning using the ballfield for this purpose instead of the proposed Florida Shores property. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-48. A RESOLUTION APPOINTING CECIL ROUSH TO MEMBERSHIP ON THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE, REPEALING 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 4-1. Councilman Ledbetter voted NO. The City Attorney read Resolution 8l-R-49. A RESOLUTION APPOINTING NAT KROMAN TO MEMBERSHIP ON THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE, REPEALING 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 4-1. Councilman Ledbetter voted NO. Council Meeting 5/4/81 -7- ~ Q ORDINANCES The City Attorney read Ordinance 81-0-17 for the first reading. AN ORDINANCE AMENDING APPENDIX A, THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO CREATE A NEW SECTION 716.00 FOR LITTER CONTROL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the ordinance and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. 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 PRO- VIDING AN EFFECTIVE DATE. Mr. Bill Phinney called a Point of Information questioning the City Attorney concerning the R-3 Zoning Ordinance of the County and the R-4 category of the City. He presented a copy of the petition and questioned the zoning restrictions. The City Attorney stated his question was irrelevant. Councilman Ledbetter made a motion to table the ordinance for a feasibility study by the City Engineers, and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. The City Attorney read Ordinance 81-0-14 for the second reading. I L AN ORDINANCE CREATING A TRUCK ROUTE IN THE CITY OF EDGEWATER, FLORIDA, EXTENDING THE LENGTH OF PARK AVENUE AND MANGO TREE DRIVE & 14TH STREET, PROVIDING THAT SIGNS SHALL BE PLACED AT APPROPRIATE SPOTS ALONG MANGO TREE DRIVE, AND PARK AVENUE; DESIGNATING THE INDIVIDUAL RESPONSIBLE FOR THE PLACEMENT OF SAID SIGNS; PROVIDING THAT THE SPEED LIMIT ALONG SAID TRUCK ROUTE SHALL NOT BE IN EXCESS OF THIRTY (30) MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH SPECIFICALLY REPEALING ORDINANCE 79-0-22, AND PROVIDING AN EFFECTIVE DATE. There was a discussion by Mr. Cole, Mr. Veschusio, Mr. Phinney, Mr. Prater, Mr. Lumas and Mr. Tipton concerning their views on the proposed and existing truck route. Councilman Lodico made a motion to adopt the ordinance and Councilman Pendleton seconded the motion. There was further discussion regarding the trucks turning at the signal light. Councilman Wilbur made a motion to amend the Ordinance 81-0-14 to read 15th Street and Mango instead of 14th Street and Mango. Councilman Pendleton seconded the motion. Upon roll call the motion DID NOT CARRY 3-2. Councilman Ledbetter and Mayor Christy voted NO. (not a majority vote to amend ordinance) Upon roll call on the motion to adopt the ordinance the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Council Meeting 5/4/81 -8- '. . o o The City Attorney read Ordinance 81-0-15 for the second time. AN ORDINANCE APPROPRIATING $65,000 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 Lodico made a motion to adopt the ordinance and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance 81-0-16 for the second time. AN ORDINANCE SETTING UP A MERIT SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING FOR A DECLARATION OF PERSONNEL POLICY; PROVIDING FOR COVERAGE FOR CITY EMPLOYEES; PROVIDING FOR ORGANIZATION FOR PERSONNEL ADMINISTRATION; PROVIDING FOR REMOVAL OF MEMBERS OF THE MERIT BOARD; PROVIDING FOR A PERSONNEL OFFICER; PROVIDING FOR ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR AMENDMENTS OF RULES AND REGULATIONS; PROVIDING FOR APPOINTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH CODIFYING SAME AT CHAPTER 13, CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the ordinance and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Councilman Ledbetter voted NO. The City Attorney read Resolution 81-R-46. A RESOLUTION ADOPTING THE "CITY EMPLOYEE NANUAL " OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWI'IlH AND PROVIDING AN EFFECTIVE DATE. Mayor Christy questioned the section of theMetit~ordin~nc~ covering the necessary "unanimous" vote of the City Council to reverse Merit Board decisions. The City Attorney clarified this to the Council. Councilman Wilbur made a motion to accept the Resolution and Councilman Pendleton seconded the motion. Councilman Pendleton requested changing the last paragr~ on page one. Councilman Pendleton made a motion to amend the last paragraph on page one to add "if an equally qualified person is not available". Councilman Lodico seconded the motion. Upon roll call the motion DID NOT CARRY 1-4. Councilman Ledbetter voted NO. (required unanimous vote) Upon roll call .on the motion to accept the resolution the motion DID NOT CARRY 3-2. Councilman Lodico, Councilman Ledbetter and Mayor Christy voted NO. There was a lengthy discussion regarding the requirement for the "unanimous" vote and the referendum passed by the citizens on November 6, 1973. The City Attorney attempted to clarify this requirement. Mayor Christy wished to reconsider his previous vote on Ordinance 81-0-16 and the City Clerk recommended the Council send the ordinance back to the Merit Board with the changes recommended. Mayor Christy stepped down from the Chair and made a motion to reconsider the vote by which Ordinance 81-0-16 passed. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Vice Mayor Lodico voted NO. Council Meeting 5/4/81 -9- "." , u o ~. Mayor Christy made a motion to table Ordinance 81-0-16 until the next meeting, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Vice Mayor Lodico voted NO. Mayor Christy returned to Chair the meeting. Councilman Pendleton stated for the record that the Council did not feel the City Attorney had tried to mislead the Council in trying to clarify the "unanimous vote" requirement of the referendum. OLD BUSINESS City Manager Councilman Wilbur made a motion to hold a special meeting on Wednesday, May 6th at 3:00 P.M. to discuss this matter, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. Election Requirements The Council agreed to allow the City Attorney research and handle the election requirements through the Charter changes. The Council requested that the Code Enforcement Board be placed on the agenda for May 18th under "old business". NEW BUSINESS Mayor Christy discussed the City map and requested a City employee be allowed to work on the updated version. There was a discussion regarding Dan Cory and the fact he should complete the map. There was no action taken by the Council. ADJOURN. Councilman Lodico made a motion to adjourn the meeting and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Councilman Pendleton voted NO. Minutes submitted by: Patsy L. McCann -.. ~ -7 l&- .~ ATTEST: , /! \ ~k~ ~L-- APPROVED THIS ~~ DAY ~ ~' Council Meeting 5/4/81 -10-