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03-23-1981 - Special 't .. o u @ , .. "~ I ~ "'l I CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING !vlarch 23, 1981 ,CALL TO ORDER Mayor Robert H. Christy called the Special 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 C. Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Deputy City Clerk Susan Wadsworth Present Present Present Present Present Present Excused Present Present The purpose of the special meeting was to conduct routine City business not completed at the regular meeting of March 16, 1981 due to a declared emergency fire. INVOCATION Rev. Boggs of the United Methodist Church gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES (1) Councilman Wilbur made- ,a motion to accept the minutes 'of the regular meeting of March 2, 1981, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. (2) Councilman Pendleton made a motion to accept the minutes of the special meeting of March 5, 1981 and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. (3) Councilman Wilbur made a motion to accept the minutes of the special meeting of March 9, 1981, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. (4) Councilman Lodico made a motion to accept the minutes of the Public Hearing/Regular Meeting of March 16, 1981 and Councilman wilbur seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO because he was absent from the meeting. Mr. Carl Cochran, resident of Silver Ridge, spoke on behalf of that community regarding their appreciation for the outstanding job done by the Fire and Police Departments, along with all the other volunteers, during the recent fire of March 16th in saving their homes. Dave Severance, Fire Chief, accepted the $500 donation the residents had collected as an indication of their gratitude. t I Mayor Christy read a letter from Carter's Motel also expressing their appreciation for an outstanding job done by all during the fire. He stated certificates of appreciation would be sent to all concerned. .--~ " \ ,I , Q o OFFICERS REPORTS, BOARDS & COMMITTEES (5) The Deputy City Clerk read a letter from Bob Wolfe, President of the Edgewater Athletic Association, regarding the establishment of the Association and their request for a second ball field. Councilman Ledbetter made a motion to go ahead and put a second ball field in, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. (6) The Deputy City Clerk read a letter from Rev. Boggs regarding his resignation from the City Employees' Trust Fund Board. Councilman Ledbetter made a motion to accept Rev. Boggs resignation, with regret, and instruct the City Clerk write a letter of appreciation. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. (7) The Deputy City Clerk read a letter from Barbara Curry regarding her resignation from the Board of Adjustments. Councilman Lodico made a motion to accept her resignation and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney stated this vacancy should be filled within the next 30 days. Mayor Christy quoted the State statute concerning the membership of the Board of Adjustments of no less than 5 members and not more than 10. He stated Mr. Lupinek had verbally resigned from the Board, even though written confirmabion had not been reced ver,'i, leaving two vacancies on the Board. Since Mr. Lupinek's resignation had been tabled at a previous meeting, Councilman Ledbetter made a motion to remove this matter from the table and bring the subject back to the Council, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 4-1. Councilman Pendleton voted NO. Due to the fact that Mr. Lupinek had verbally resigned from the Board at the last meeting, Councilman Ledbetter made a motion to accept his resignation and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Pendleton voted NO. (8) The Deputy City Clerk read a letter from the City Clerk regarding the vacancies on the advisory boards at the present time and recommended a workshop to discuss these vacancies. Councilman Wilbur made ,a motion to have a general workshop at 2:00 P.M. on March 30th to discuss the vacancies on the advisory boards. Councilman Lodico seconded the motion. l-B-l Upon roll call the motion CARRIED 5-0. The City Attorney stated he had been asked to set aside sometime in April for a general workshop to meet with all the members of the various boards to discuss parliamentary procedures, their responsibil- ities, etc. It was decided a specific date for this meeting will be set at the April 6th meeting. There was a brief discussion regarding the Board of Adjustments. Councilman Pendleton made a motion to authorize the City Attorney to draw up an ordinance increasing the membership of the Board of Adjustments to seven. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Special Council Meeting 3/23/81 -2- , ' o o .. (9) The Deputy City Clerk read a letter from the City Clerk regarding renegotiating the present contract with Briley, Wild and Associates, the present City Engineers. Councilman Wilbur made motion to appoint a committee to renegotiate the contract with Briley, Wild & Associates, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Councilman Pendleton made a motion to have the committee consist of Councilman Wilbur, the supervisor of the Water/Wastewater Department, the City Attorney and the City Clerk, which was seconded by Councilman Ledbettter. Upon roll call the motion CARRIED 5-0. (10) The Deputy City Clerk read a letter from the City Clerk concerning an expense for an EVER volunteer and possible reimbursement by the City. There was a brief discussion regarding the location of the call for help and the liability involved in using private vehicles for this purpose. Councilman Lodlco made a motion to table this request for further study and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Mayor Christy requested the Council reconsider this request if Mrs. Harmon could be located to answer several questions later on in the meeting. Mr. Walter Gross called a Point Of Order stating this should not be tabled since the rescue unit was responding to a call. (11) The Deputy City Clerk read a letter from the City Clerk regarding purchasing uniforms for outside City employees rather than renting them. There was a discussion concerning the fact there had been no money appropriated for this purpose. Councilman Ledbetter stated the employees should help pay the expense and Councilman Wilbur suggested supplying shirts only at this time. Mayor Christy recommended supplying less than five sets per man. He said the reasoning behind the request is that some City employees have been seen in short pants and no shirts. Councilman Ledbetter said that should be up to the department head and his action to his employees. Councilman Ledbetter made a motion to send a memo to each department head that no City employee shall wear shorts while performing his eight hour duty for the City of Edgewater, or go barefooted, or without shirts; and the first offense shall be three days off and the second time ..means dismissal. Councilman Pendleton seconded the motion. Councilman Pendleton stated this should be in effect for a safety procedure to wear proper attire. Upon roll call the motion CARRIED 5-0. Councilman Wilbur made a motion to table the request concerning uniforms until the meeting of April 6th, which Councilman Pendleton seconded. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Special Council Meeting 3/23/81 -3- J o o 2-A71 (12) The Deputy City Clerk read a letter from the City Clerk regarding the proposed budget to appropriate Federal Revenue Sharing Funds for 1980-1981. Councilman Lodico made a motion to accept the proposed budget of $15,000 for the Fire Department; $12,000 for the Street Department; $1,900 for the Administrative Department and $36,100 unappropriated for the Federal Revenue Sharing Funds for 1980-1981, and 'adveDtise for a public hearing. ' Oouncilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. (13) The Deputy City Clerk read a letter from the Fire Chief to Councilman Ledbetter requesting Council approval of $6,300 for materials to Rinker Materials, Inc. for concrete for the new fire station. Councilman Wilbur made a motion to authorize the City Clerk issue a purchase order for $6,300 to Rinker Materials, Inc. for the new fire station, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Councilman Lodico - received a notice from the Parks and Maintenance Department concerning lights for the ball field. The original expenditure was for $1,645 and because of a mistake in a bid the actual cost will now be less than $900. He questioned why the coordinator could not get more involved with such purchases.and be better informed. (10) Mayor Christy informed the audience and Council that Mrs. Harmon had arrived at the meeting and with Council approval he would like to reconsider the request concerning possible reimbursement for the EVER expense. Councilman Ledbetter made a motion to untable the matter of the EVER expense and bring it back before the Council, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. The Council questioned Mrs. Harmon regarding the charges involved for the repair and towing charges. Councilman Pendleton made a motion to reimburse Mrs. Harmon for the repair and towing charges. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter - because of the hassle over the park and pier, Councilman Ledbetter made a motion to put the Parks and Maintenance Department back under the Mayor's coordination. Councilman Pendleton seconded the motion. Mayor Christy asked the Council for any questions on the motion. Councilman Lodico questioned the he could have really handled the of the department at that time. Department had notified him that after Monday night. MayOr if it was. true he said fire if he had been coordinator He stated an employee of the Parks the Mayor said he would take over Mayor Christy denied the accusation, however stated he wanted to return as coordinator of the department. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Councilman Wilbur voted NO. The City Attorney will draw up a resolution to reflect this change. I Pendleton s~ated this ,department has been causing Council- a lot of grlef and thlS would alleviate the situation. Councilman man Lodico Special Council Meeting 3/23/81 -4- , " u o Councilman Lodico said he felt this was wasted effort and money since they were advertising for a City Manager. Dave Severance, Fire Chief gave a report of the fire March-16th, and all of the units and people involved in fighting the fire. He said there were a total of 230 people fighting the fire, which resulted in a loss of 240 acres, $175,000 in damages, destruction of one warehouse and minor damage to several residences. He thanked everyone involved in helping and all of the businesses that supplied donations. The audience gave the Fire and Police Departments an ovation for the outstanding job they had done. 2-B-l Councilman Pendleton - None. Councilman wilbur - read a letter from the Utility Department Supervisor requesting authorization for a survey for a new water well site. Councilman wilbur made a motion to authorize a survey for a new water well site, utilizing the FEC right-of-way on Park Avenue. Councilman Pendleton seconded the motion. Councilman Ledbetter questioned the land that Mr. Osban was going to offer to the City for this purpose. The City Attorney stated there had been a problem with the titles to this land but the cost to clear the titles would be prohibitive. Mr. Walter Gross called a Point Of Order regarding the well, that there should be 1,000 feet minimum between wells or more. The City Attorney stated there was about 2,000 feet at this location. Upon roll call the motion CARRIED 5-0. Councilman Wilbur read a letter from the Utility Department Supervisor requesting the purchase of 2" PVC pipe to spend up to $2,000. Councilman Wilbur made a motion to authorize the purchase of 2" PVC pipe up to $2,000, which was seconded by Councilman Lodico. There was a brief discussion regarding the use of the pipe. Upon roll call the motion CARRIED 5-0. Councilman Wilbur discussed Federal Revenue Sharing funds and the possibility of an interconnection of water lines between New Smyrna Beach and Edgewater to ensure an adequate water supply. He stated the estimated cost would be approximately $6,000. This was information to the Council from T. A. Wadsworth, Utility Department Supervisor. The Council agreed to discuss this matter at the general workshop on March 30th. City Attorney Clay Henderson - discussed zoning changes and the 880 Ordinance concerning condominiums in the City. He stated Ordinance 880 is not designed for these structures, however the regulations must be complied with before the permits are issued. The City Attorney thanked the Council for allowing him to serve as City Attorney because his term of office would expire before the next meeting. Mayor Christy stated the condomin~ums should be included into the subdivision ordinance for the benefit of the City. Special Council Meeting 3/23/81 -5- u o Mayor Christy - read a thank you note from Dana Armstrong, former Mayor, for the plant sent to him during his hospital stay. Mayor Christy presented a map depicting several sites which could be used by the Boy Scouts to build a Scout House and requested the Council to review these for approval. The Council decided to discuss this further at the general workshop on March 30th. 3-A-l The Mayor read a letter from the Department of Community Affairs concerning the grants he is presently working on. The Mayor recommended that the Council appoint Clay Henderson as the permanent City Attorney, due to the fact his term of office would be expiring before the next Council meeting. Councilman Ledbetter made a motion to retain Clay Henderson as permanent City Attorney and to draw up the proper resolution to that affect. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. The Mayor declared a short recess of the meeting. COMMUNICATIONS (14) The Deputy City Clerk read a letter from Mercedes Hoffman on behalf of the Edgewater Garden Club asking to address the Council. Mrs. Hoffman requested the exclusive use of the Community Center large room and the kitchen the second Tuesday of each month with the rental fee waived. Councilman Lodico made a motion that we grant them the request, which was seconded by Councilman wilbur. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Ledbetter made a motion that the American Legion, Post 285 be granted the same privilege as the Garden Club, which was seconded by Councilman wilbur. Upon roll call the motion CARRIED 5-0. (15) The Deputy City Clerk read a Home Occupational License request from Richard and Jimmy Raulerson for lawn mowing. The Council questioned Mr. Raulerson about the storage of the lawn mowers he would be using. Mr. Raulerson stated the mowers would be stored at another address. Councilman wilbur made a motion to approve the request for the license and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. (16) The Deputy City Clerk read a Home Occupational License request from Douglas MoIster for home repair. Mr. MoIster stated there would be nothing stored at the home concerning the business. Councilman Ledbetter made a motion to grant the license and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Special Council Meeting 3/23/81 -6- o o RESOLUTIONS (17) The City Attorney read Resolution 8l-R-3l. A RESOLUTION AUTHORIZING THE CITY CLERK TO MAKE EXPENDITURES OF MONIES IN THE "STREET LIGHT FUND" ESTABLISHED BY ORDINANCE NO. 79-0-10, FOR PAYMENT OF BILLS SUBMITTED BY FLORIDA POWER AND LIGHT COMPANY FOR OPERATION AND ~'ffiINTENANCE OF STREET LIGHTS WITHIN THE CITY OF EDGEWATER, FLORIDA, 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. (18) The City Attorney read Resolution 8l-R-32. A RESOLUTION AUTHORIZING THE CITY CLERK TO EDIT THE TEXT OF THE PROPOSED COMPREHENSIVE PLAN OF THE CITY OF EDGEWATER, FLORIDA, JULY 1979 EDITION, TO UPDATE SAID PLAN BY DELETING ALL GOAL REFERENCES TO YEARS "1979" AND "1980" AND TO INSERT IN LIEU THEREOF, "1981"; ORDERING THE ENGROSSING OF SAID PLAN, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the resolution and Councilman Wilbur seconded the motion. There was a discuss lOp regarding the comprehensive plan being an accurate updated copy. Mr. Phinney stated that after the meeting with the State people the changes they asked for had been incorporated into the final copy. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. (19) The City Attorney read Resolution 8l-R-33. A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE EDGEWATER ATHLETIC ASSOCIATION; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF EDGEWATER TO PREPARE AND FILE THE APPROPRIATE PAPERS TO HAVE SAID ASSOCIATION INCORPORATED UNDER THE LAWS OF FLORIDA; AUTHORIZING THE CITY CLERK TO EXPEND FUNDS NECESSARY TO CHARTER SAID ASSOCIATION; AUTHORIZING THE BOARD OF GOVERNORS OF THE CITY OF EDGEWATER TO COOPERATE WITH THE ASSOCIATION IN ITS ACTIVITIES; PLEDGING THE COOPERATION OF THE CITY OF EDGEWATER IN PROVIDING FACILITIES FOR BEGINNING THE ACTIVITIES OF THE ASSOCIATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the resolution, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Councilman Wilbur made a motion to have the City Clerk issue a check in the amount of $100.00 to the Clay Henderson Trust Account for the Charter of the Edgewater Athletic Association. Councilman Pendleton sec0ndedthe motion. Upon roll call the motion CARRIED 5-0. ORDINANCES (20) The City Attorney read Ordinance 81-0-4, as amended, for the second reading. AN ORDINANCE AMENDING SECTIONS 14-1, 14-2, & 14-3, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER TO PROVIDE FOR A ZONING AND PLANNING BOARD OF THE CITY, FURTHER PROVIDING SAME AS THE LOCAL GOVERNMENT PLANNING AGENCY, GRANTING SAME AUTHORITY THROUGHOUT THE MUNICIPAL TERRITORIES OF THE CITY, EMPOWERING SAME TO EXERCISE AUTHORITY GRANTED BY STATE LAW AND FUTURE ORDINANCE OR RESOLUTIONS; FURTHER PROVIDING FOR MEMBERSHIP OF THE BOARD, STAGGERING THE TERMS THEREOF, REQUIRING RESIDENCY FOR ITS MEMBERS, AND PROVIDING A MEANS Special Council Meeting 3/23/81 -7- ~ '-> Q FOR THEIR REMOVAL; FURTHER PROVIDING DUTIES AND PROCEDURES OF SAID BOARD, EMPOWERING SAME TO ADOPT RULES AND REGULATIONS, AND TO APPOINT A CHAIRMAN, VICE CHAIRMAN AND SECRETARY, PROVIDING THAT ALL MEETINGS SHALL BE PUBLIC, REQUIRING DUE PUBLIC NOTICE OF ALL MEETINGS, REQUIRING PUBLIC POSTING OF ALL MINUTES, PROVIDING FOR THE CITY COUNCIL TO GIVE FINANCIAL SUPPORT TO THE BOARD, REQUIRING THE BOARD TO GIVE FREQUENT REPORTS ON ITS BUSINESS TO THE CITY COUNCIL; FURTHER PROVIDING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH SHALL BE REPEALED; SPECIFICALLY REPEALING ORDINANCE 902, 903 and 947 OF THE CITY OF EDGEWATER, FLORIDA FURTHER PROVIDING THAT THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA SHALL HOLD PUBLIC HEARINGS ON THIS ORDINANCE; FURTHER PROVIDING THAT THE CITY CLERK SHALL ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; FURTHER PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the public hearing on the Ordinance. 3-B-l Mr. Bill Phinney spoke as a member of the Zoning Board and reminded the Council of their request to give the Zoning Board and Planning Board one year before joining their efforts. He further stated if the Council did go ahead with the combination of the Boards they requested using present members of the two Boards to implement the Comprehensive Plan. There were no further comments from the audience. Councilman Wilbur made a motion to adopt Ordinance 81-0-4, as amended, and Councilman Lodico seconded the motion. The City Attorney stated this Ordinance would not take affect until after the Comprehensive Plan has been adopted. Upon roll call the motion CARRIED 5-0. (21) The City Attorney read Ordinance 81-0-5 for the second reading. AN ORDINANCE TO BE KNOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE; SETTING FORTH THE PURPOSE OF SAID BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING FOR STANDARDS OF CONDUCT AND CONFLICT OF INTEREST OF SAID BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR CONDUCT OF BUSINESS AND HEARINGS; PROVIDING FOR POWERS OF THE BOARD; PROV~DING FOR FINES AND LIENS AND ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE OF HEARING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE C0E>IFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the public hearing on the Ordinance. Mr. Walter Gross said the County had voted to prolong the adoption of this plan for further study and asked the Council to do the same. Mr. Bill Phinney questioned the constitutionality of the Board and requested postponement of the adoption of the ordinance. Mr. Frank Opal said he was opposed to the Board. Councilman Wilbur made a motion to adopt the Ordinance as read, which was seconded by Councilman Lodico. Councilman Ledbetter stated he was completely against the ordinance. There was a lengthy discussion regarding repealing the ordinance if it was found to be of no benefit to the citizens. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Special Council Meeting 3/23/81 -8- u o 4-A-l The City Attorney stated the members of the Board should be carefully selected and reviewed thoroughly by the Council before selection. The Council set a workshop on April 14, 1981 at 2:00 P.M to review the applications sUbmitted for people wanting to be on the Code Enforcement Board. (22) The City Attorney read Ordinance 81-0-6 for the second reading. AN ORDINANCE.AMENDING SECTION 1000.05, ,1001.04, AND 1103.00 OF APPENDIX A-ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO MANDATE ADDITIONAL REQUIREMENTS TO DUE PUBLIC NOTICE FOR PUBLIC HEARINGS OF THE BOARD OF ADJUSTMENTS AND ZONING BOARD OF THE CITY OF EDGEWATER BY REQUIRING POSTING OF EFFECTED PROPERTY WITH AN OFFICIAL NOTICE AND NOTIFICATION TO ADJOINING PROPERTY OWNERS BY CERTIFIED ~mIL, AND PUBLICATION OF NOTICE IN NEWSPAPERS OF GENERAL CIRCULATION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; DIRECTING PUBLIC HEARINGS THEREON, REFERRING SAME TO THE ZONING AND PLANNING BOARDS, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing for discussion. There were no comments from the audience. Councilman Pendleton made a motion to adopt the ordinance as read and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. (23) The City Attorney read Ordinance 81-0-7 for the second reading. AN ORDINANCE GRANTING A CHANGE IN ZONING ON A CERTAIN TRACT OF REAL PROPERTY OF APPROXIMATELY 350 ACRES IN THE NORTHWEST QUADRANT OF THE CITY OF EDGEWATER FROM ITS PRESENT ZONING CLASSIFICATIONS OF 1-3 AND AGRICULTURAL TO THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the public hearing for discussion. There were no comments from the audience. Councilman Ledbetter made a motion to adopt the Ordinance and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. There was a brief discussion regarding the land locked areas in the new district. It was felt upon the development of this area these land locked areas would be made accessible. (24) The City Attorney read Ordinance 81-0-9 for the first reading. AN ORDINANCE TO BE CITED AS THE EDGEWATER UTILITIES AND SERVICES AMENDMENTS OF 1981; DELETING THE REQUIREMENTS FOR GARBAGE DEPOSITS; INCREASING THE DEPOSIT FOR WATER AND SEWER FOR CUSTOMERS WITH LARGER THAN THREE QUARTER INCH MAINS; DELETING SERVICE CHARGES FOR READING SWIMMING POOL l1ETERS; ADOPTING AND INCORPORATING BY REFERENCE THE "MODEL ORDINANCE FOR CONTROL OF BACKFLOW AND CROSS CONNECTIONS", CODIFYING SAME AT SECTION 19-25 ET SEQ, CODE OF ORDINANCES; INCORPORATING BY REFERENCE ORDINANCE 81-0-8 OF THE CITY OF EDGE- WATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to accept the ordinance as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Special Council Meeting 3/23/81 -9- . ., o o .(25) The City Attorney read Ordinance 81-0-11 for the first reading. AN ORDINANCE AMENDING SECTION 606.02 OF APPENDIX A, THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO ALLOW FLEA MARKETS AS A SPECIAL EXCEPTION WITHIN THE B-3 ZONING DISTRICT; FURTHER PROVIDING SPECIAL CONDITIONS TO BE IMPOSED ON FLEA MARKETS PRIOR TO GRANTING A SPECIAL EXCEPTION; FURTHER AMENDING SECTION 11-8 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO IMPOSE AN OCCUPATIONAL LICENSE TAX UPON OWNERS OF FLEA MARKETS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to collect a $500.00 fee for owners/operators for each flea market (to be inserted in Section 2, and to delete Section 3 altogether). Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to adopt the Ordinance as amended, which was seconded by Councilman Lodico. 4-B-l Upon roll call the motion CARRIED 5-0. (26) The City Attorney read Ordinance 81-0-12, however as several people had pointed out, Section 2 would be inapplicable for trailer parks that contract for their own services, therefore also read Ordinance 81-0-12 (Substitute). AN ORDINANCE AMENDING ORDINANCE 611 OF THE CITY OF EDGEWATER, FLORIDA CODIFIED AT SECTION 19-63(b) OF THE CODE OF ORDINANCES, TO BILL TRAILER PARKS, HOTELS, MOTELS, AND MULTIPLE BUSINESSES FOR GARBAGE BASED UPON THE NUMBER OF UNITS THEREIN; DELETING THE REQUIREMENT THAT FEES BE PAID IN ADVANCE; EXEMPTING TRAILER PARKS WHICH PRIVATELY CONTRACT FOR GARBAGE REMOVAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to use 81-0-12 (Substitute) amending Section 2. Councilman Pendleton seconded the motion. There was further discussion regarding adopting this ordinance on an emergency basis because the City is .losing money by not having this ordinance in affect. Councilman Wilbur made a motion to waive the second reading of the ordinance and adopt on an emergency basis because the City is losing money each month ~$4, 80.0 over the past six months) , also the number of units reported by the trailer parks each month is inaccurate. Councilman Lodico seconded the motion. Occupancy of the trailer parks was further discussed. Upon roll call of the motion by Councilman Wilbur the motion CARRIED 5-0. Upon roll call of the motion by Councilman Ledbetter the motion CARRIED 5-0. Councilman Ledbetter stated he would sign a conflict of interest form pertaining to this ordinance. OLD BUSINESS (27) Shuffleboard Repair Councilman Wilbur made a motion to table the request until the April 6th meeting, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Mayor Christy voted NO. Special Council Meeting 3/23/81 -10- . ! (J Q .' Councilman Ledbetter requested the City Clerk to obtain a list of members of the Shuffleboard Club from the President of the Club and a list of the expenditures of the last year, to be reported at the next Council Meeting, April 6th. Acting Mayor Wilbur took charge of the meeting while Mayor Christy and Vice Mayor Lodico were excused. (28) 16th Street Truck Route Members of the audience were requested to speak on the subject. Mr. Russ Prater answered questions by members of the Council. It was the consensus of the Council that a problem did exist and a remedy should be found. Mayor Christy and Vice Mayor Lodico returned to the meeting. Mrs. Phinney spoke on the health hazards of dust, etc. the trucks were causing in the area. 5-A-l A lengthy discussion followed concerning putting extra patrolmen in the area to survey violations. 6-A-l (Defective tape) Councilman Wilbur made a motion to direct the trucks to an alternate route of 12th and Willow and instruct the City Attorney to draw up the necessary ordinance. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. (29) Certification of Bids - VW Bus (30) Councilman Ledbetter made a motion to reject the one bid received and go out for more bids. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS (31) 1979-1980 Audit Report Councilman Wilbur made a motion to accept the audit as reported, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to retain Brent Millikan as City Auditor for another year, which was seconded by Councilman Pendleton. Upon roll call the motion DID NOT CARRY 2-3. Councilman Lodico, Councilman Wilbur and Mayor Christy voted NO. MISCELLANEOUS Mr. Bill Phinney reported on the D.O.E. meeting and distributed a copy of the International City Management Association publication to the Council concerning advertising for a City Manager. ADJOURN Councilman Wilbur made a motion to adjourn and Councilman Pendleton seconded the motion. The meeting was adjourned. Special Glouncil Meeting 3/23/81 -11- , . ~ . . o .' Minutes submitted by: Patsy L. McCann ATTEST: APPROVED THIS OF APRIL, 1~81. ,. ~ ~~~Y: Mayor Q ~ -7 ~ ' ( /1 :' ~ \, . ~ -councij\rk'1\ C- cn;~l~'~ ff~~ f0h:kILJ kk- ~ \Z~7L r- \:juncllman ~ Special Council Meeting 3/23/81 -12-