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08-27-1979 - Regular {\-- (.) o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING "- Au'gu'S t"- '2'7', ,,'1'979 , Mayor Robert H. Christy called the regular meeting of the City Council to order at 7:00 P,M, in the Edgewater Community Center ROLL CALL Mayor Robert H. Christy Councilman Louis J, Rotundo Councilman David C, Ledbetter Councilman Walter B, Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Nancy Blazi Police Chief Earl Bauqh Present Present Present Present Present Present Present Present Also Present: City Clerk Joseph Herget 'I N va CAT 10 N There was a silent invocation. ~ALUTE TO THE FLAG '~PPROVAL OF MINUTES There were no minutes prepared for approval at this meeting. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0, COMr~UNICATIONS Mr, Jack Kropp had requested permission to address the Council concerning the hiring of Mr. Diamond as City Planner, Mr. Kropp read a prepared statement to the Council, A copy of this statement is attached to the ori9inal minutes of this meeting. Mr. Kropp said that he had voted no to hiring Richard Diamond because he felt that the move to hire Mr. Diamond had been pre-arran~ed. Mr. Kropp is a member of the Planning Board. There were no comments from the Councilor audience concerning Mr. Kropp's statement to the Council. Councilman Asting had also requested to speak to the Council concerninq the hiring of Mr. Diamond. Councilman Asting said that he had a copy of the ver batim minutes of the meeting of the Planning Board where the proposal to rehire Mr. Diamond was made. He quoted specifically from paqe 11 of these minutes. Mr. Lodico had made a motion to hire Mr. Diamond but it sounds in the minutes as if Mr, Nolan was leading Mr. Lodico in making the motion. Mr. Kropp had voted no because he did not know Mr. Diamond or his work. Mr, Kropp could not abstain so he voted no. The minutes continue with a suggestion that this recommendation and a copy of Mr. Diamond's resume be sent to the Council. Mr. Nolan said that if the Board pleased he would attend the Council meeting because he was sure there would be questions from the Council, Mr. Nolan said that two Council members had indicated that they support this and also Mayor Christy and that this would be discussed with the Council members. Mr. Asting said that this was never discussed with him or brouaht to his attention. He continued reading from the minutes saying that~Mr. Nolan stated that Mr. Rotundo would contact the members who were not aware of this. Mr. Asting said that he believes there was a violation of the Sunshine Law. ------- .. Q o 2 Mayor Christy asked Mr. Asting if he was making any charges. Councilman Asting said that he felt there appeared to be a violation of the Sunshine Law. The law states that advisorv boards are subject to the Sunshine Law. He added that the la~ states that a Mayor of the City who has voting power should not confer privately with members of the Council concerninq items that are pending business. Mayor Christy said that he did not converse with any Council members about this. Councilman Asting said that Mr. Nolan said that the Mayor had indicated to him that he supported the hirin~ of Mr. Diamond. Mayor Christy said that he would give this to the City Attorney. He also asked about Mr. Astinq and Mr. Ledbetter both beina in the office last week to listen to the'tapes of the Planning Board meeting. Councilman Asting said that he did not discuss these tapes with Mr. Ledbetter. Mayor Christy said that they sat together in the office. Councilman Asting said they did not sit together. They were in the same room and there were clerks present. They did not say anything to each other. He accused the Mayor of being a liar. Mayor Christy said that he was not lying about this. Councilman Asting said that the Mayor had lied before and he was lyin9 now. He misinforms the public and he will prove that. Particularly on the matter of hiring security guards and threatening phone calls. Mayor Christy said that if Mr. Astin~ would put all his energy into helping better this City, the City would benefit but ~r. Asting is trying to undo what has been done. Councilman Asting said that hopefully in October the City would be bettered. Mayor Christy said that he would run again in October. Councilman Asting said that everybody knew he intended to run. Anyway this is a matter for the State's Attorney to decide. He added that the City had the Comprehensive Plan as prepared by Briley, Wild and it is ready to be presented for public hearings and Council approval. After that there is no more work involved and there is no urgent need to hire a City Planner at this time. (The preceding portion of the minutes was transcribed in more detail at the request of the Mayor). The Council considered a letter from the Board of Governors recommending that the Council appoint Joseph McEver to the Board of Governors. Councilman Sikes made a motion that the Council appoint Joseph McEver to the Board of Governors. Councilman Astinq seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney will prepare the necessary resolution. The Council considered a letter from Kenneth Millard stating that his term as Chairman of the Board of Adjustment had expired. Also the term of James Poland on the Board of Adjustment had expired. He requested that the Council anooint two new members to the Board. The Board of Adjustment had elected William Glaser to serve as Chairman and Clarence Gnau to serve as Vice-Chairman. These appointments were made in accordance with the Board's rules Ord. 880 Sec. 901.01. Councilman Ledbetter made a motion that the Council appoint Henry C. Sloane to the Board of Adjustment. Mr. Sloane lives at 15 Lee Drive. Councilman Asting seconded the motion. o o 3 Mayor Christy said that this man lived in Zone 4 and that the Council should appoint people from Zone 1 and Zone 2. Councilman Sikes said that Mr. Sloane was a good man but it would put three members on the Board from Zone 4. Upon roll call the motion CARRIEO 3-2. Councilman Sikes and Mayor Christy voted NO. The Council will submit another name for appointment at the next Council meeting. The City Attorney will prepare the necessary resolution. The Council consirlered an application from Michael Rawlings for a Home Occupational license to operate an air conditioning repair business at his home at 128 Manson. Councilman Asting made a motion to grant this license. Councilman Sikes seconded the motion. There was a discussion concernina the amount of work that would be done at the home. ~ Mr. Rawlins said that most of his work would be done at the customer1s home and that the materials would be stored in his van. Mr. Nolan and Mr. Brown who are both in the airconditioning business spoke to the Council objecting to this license. They said that a lot of work would have to be done in the shop or in this case in Mr. Rawlin's home. Upon roll call the motion DID NOT CARRY 4-1. Councilman Asting voted YES. Councilman Sikes suggested that Mr. Rawlins resubmit his application stating that his home would only be used for telephone calls to set up appointments to repair air conditioners. The Council considered a letter from the Zonin9 Board requesting that the Council approve some additional zoning changes and also set a public hearing concerning these changes. The additional changes were to change the B-5 Zoning of the area from Park Av~ to Old County Rd. to Pearl St. to U.S. 1 to a B-3 Zoning and add Pet Grooming (no boarding), Honey Products, and Rental of Business~ Commercial, Household and Recreational tools, equipment, machinery and supplies. Also to make auto tune up and front end alignment a permitted use in the B-2 Zoning District and to add a definition of a model home to the 880 ordinance. Councilman Ledbetter made a motion that the Council accept the recommendations of the Zoning Board and notify specific property owners if necessary and advertise for a public hearing. Councilman Rotundo seconded the motion. There was a discussion concerning the definition of a model home. Councilman Sikes said that he felt they should allow model homes to be shown furnished and that a salesman should be present. Councilman Ledbetter said that he would amend his motion to say that in the definition of a model home they should delete "no furnishings or salesmen". Councilman Rotundo seconded the amendment. Mr. Mackie, Chairman of the Zoning Board, spoke to the Council concerning this change to the definition of a model home. He told them that the Board was not in favor of allowing these model homes to be furnished or to have sales people in the home. Upon roll call the motion and the amendment CARRIED 5-0. The City Clerk and the City Attorney will work out the procedure for a public hearing. o o .,. 4 ~ C~ORDIflATORS REPORTS CouncilmanRotun~o said that he had a petition from residents concerning the corner on Riverside Dr. and Rio Vista. The petitioners request that shrubbery be removed from this corner because it is a traffic hazard. The petition was signed by 31 people. Councilman Rotundo made a motion that the City Clerk contact a surveyor to find out where the boundary lines are. There was some discussion concerning the boundary lines. Councilman Asting seconded Councilman Rotundo's motion. There was a lengthy discussion concerning this problem. Mr. Armstrong sDoke to the Council and said that this problem had existed for some time. The original property owners were requested not to put up shrubbery on that corner. Councilman Ledbetter said that there were a number of corners in the City that were more hazardous than this particular corner. Mr. Armstrong said that he was sure the City could locate the sidewalk that was originally put there. This would show where the boundary lines were. It does not make any sense to spend a lot of money trying to find out where these boundary lines are when it may be a simple matter of digging down a little to find the original sidewalk. Councilman Sikes said that we have an ordinance about obstructing the view of traffic. Councilman Asting withdrew his second and Councilman Rotundo withdrew his motion, Councilman Sikes made a motion to instruct the Police Chief to enforce this ordinance. The motion died for a lack of a second. Councilman Asting made a motion that Mr. Ledbetter investigate the situation and if the shrubbery is on public property he should take the necessary steps to remove it so that traffic vision is improved. Councilman Rotundo seconded the motion. Upon roll call the motion C,lI.RRIED 5-0. Councilman Ledbetter no report. 'Cnuncilman Sikes no report. " Co u n c i 1 man .n. s,t'i n 9 nor e po r t . ~ity Attorney no report. Mayor Christy told the Council he has received a request from the High School for permission to use the Edgewater handball court for twice a week lessons in connection with the physical education courses. Councilman Ledbetter made a motion that the Council grant this permission. Councilman Rotundo seconded the motion, Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution No."q~~R~80. A RESOLUTION APPOINTING FRANK HALL TO THE EDGEWATER BOARD OF ADJUSTMENT AND APPEALS (BUILDING CODE BOARD); REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, Councilman Ledbetter made a motion that the Council adopt this resolution. Councilman Asting seconded the motion, Upon roll call the motion CARRIED 5-0, o o ~ 5 ~ The City Attorney read Resolution No. 79~R~81. A RESOLUTION APPOINTING JOSEPH HERGET AS THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH HIS COMPENSATION; SETTING FORTH HIS DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-82. A RESOLUTION AUTHORIZING JOSEPH HERGET, AS THE NEWLY APPOINTED CITY CLERK, OF THE CITY OF EDGEWATER, FLORIDA~ TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATERI! FLORIDA AND TO BE AN AUTHORIZED SIGNATORY ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER. FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AM EFFECTIVE DATE. Councilman Astinq made a motion that the Council adoot this resolution. Councilman Ledbetter seconded the motion. Upon roll' call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R.83. A RESOLUTION EMPLOYING RICHARD DIAMOND AS THE CITY PLANNER FOR THE CITY OF EDGEWATER, FLORIDA PROVIDING FOR AN EMPLOYMENT AGREEMENT TO BE ENTERED INTO BY THE CITY AND RICHARD DIAMOND; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council table this resolution. Councilman Ledbetter seconded the motion. Councilman Ledbetter said that he believed the Council should have time to study the minutes of the previous Council meeting before making a decision. Councilman Asting added that in view of the Planning Board minutes, the Council should take more time before they make a decision. Mr. Nolan asked Mr. Asting if he was making charges aqainst him or the Planning Board. Councilman Asting said that he wants the State's Attorney to check this out. It is possible that Mr. Nolan was not aware of the Sunshine Law. He is not making any charges at this time. Upon roll call the motion to table the resolution DID NOT CARRY 3-2. Councilman Ledbetter and Councilman Asting voted YES. Councilman Sikes made a motion that the Council adopt the resolution. Councilman Rotundo seconded the motion. Councilman Sikes questioned Mr. Woods on the agreement that was written up hiring Mr. Diamond. He said that the agreement should be for a specific period of time. Mr. Woods said that if a specific period of time was stated on the agree- ment that the Council could be held liable if the contract was broken and that Mr. Diamond's salary for the entire year might have to be paid whether he worked that whole year or not. Councilman Rotundo said that he could not agree to this type of a contract. There was a rather lengthy discussion concernin9 the contract and whether any addition should be made to the contract concerning the len9th of time Mr. Diamond would be hired for. Councilman Sikes withdrew his motion. Councilman Rotundo withdrew his ,s e'cond. o o 6 Mayor Christy said that the agreement was not written accordinq to the motion made. Mr. Woods said that was true but it was easy to correct it if the Council wished to do so. However, he had read the contract to Mr. Diamond and Mr. Diamond stated that the contract was acceptable to him. Councilman Sikes made a motion that the contract agreement that the City will enter into with Mr. Diamond be changed according to the motion made on Auqust 20, 1979 making the term of the contract effective immediaEely until September-3D, 1980. The motion died for lack of a second. Councilman Asting said that he would want any change in the contract to be clearly written for the Council to study. If Mr. Sikes would like the chanqe made, the subject should be tabled until the Council has received a copy of the changed contract. Councilman Sikes said they should resolve this at this meeting. If they table it there will be work delayed and more pressure brought against people because of the way they are voting on this, Councilman Astin9 again quoted from the Planning Board minutes concerning whether or not Mr. Diamond was having problems where he was presently employed. The business is owned by Mr. Diamond's brother and according to the minutes, the business is not doing too well. It appears that Mr. Diamond is only willing to take the job as City Planner because he cannot make an adequate living working for his brother. If the business should pick up again and he can make more money working for his brother~ he could leave the City, Mayor Christy said that could apply to any employee, Councilman Asting said that was a good reason for not putting Mr. Diamond under the type of contract Mr. Sikes had proposed. Councilman Sikes made a motion that the Council adopt Resolution 79-R-83 with the employment contract that is attached as Exhibit A. Councilman Rotundo seconded the motion, Mr. Frank Opal said that he believed the contract was illegal because money had not been appropriated for this position. The City would be responsible if the man did not do a good job and the Council had to fire him. Mayor Christy said that was not in the present agreement. Councilman Asting said that Mr. Diamond had not even submitted a job application. Mayor Christy said that he had submitted an aoplication, a new application, on August 23, 1979. Mr, Jim Cameron asked the City Attorney if it was normal procedure to hire someone by contract when money had not been budgeted? Mr. Woods said there was no time specified on the term of employment. Mr. Cameron said that was not the contract Councilman Sikes wanted but unfortunately the attorney wrote the contract different from what Councilman Sikes wanted. Why wasn't Mr. Diamond hired like everybody else with a 90 day probation period? Mr. Woods said that he does not make Council policy. He was directed by the Council to draw up a contract. The City Planner was taken from the provisions of the Merit Ordinance by the latest amendment so that he is not subject to the Merit Ordinance nor is the City Clerk. Councilman Asting said that does not apply to the probationary period. Mr. Woods said that it did. . \ o o ~ 7 ~ Mr. Cameron said that the City Attorney wrote up the contract completely different from what he was instructed to do. Mr. Woods said that he had made a mistake, Mr. Cameron said that the taxpayers should not have to pay for an attorney that makes mistakes. If the attorney is going to make mistakes then he should resign so that they can qet somebody who does not make mistakes, Mayor Christy said that they were not going to get into personalities. He asked Mr. Cameron to sit down or he would have him escorted from the meeting, Mr. Woods said that the Council can call for his resignation at any time, if they wish him to resign. Upon roll call the motion to adopt Resolution 79-R-83 and the attached contract CARRIED 3-2. Councilman Ledbetter and Councilman Asting voted NO. ORDINANCES The City Attorney read Ordinance No. 79-0-26. First Readinq. AN ORDINANCE AMENDING ARTICLE IX, PARAGRAPH 11, PUBLIC SITES AND OPEN SPACES, OF ORDINANCE NO. 79-0-7 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS None AUDIENCE MISCELLANEOUS Mr. Frank Opal spoke to the Council concerning the elections of officers for the Board of Adjustment. He said that the election was illegal according to any rules, regulations or parliamentary procedure. It was held by the outgoing Chairman who nominated someone for the new chairman and vice chairman. They should not have had that election. They should not have had an election until the new Board was appointed. The Board of Adjustment does not have a chairman or vice chairman legally. The Council should reconsider this. Mayor Christy said that after the Council has read the minutes of that meeting, if there are any objections it can be brought up at a Council meeting. Mr. Glaser spoke to the Council concerning the dust and traffic problem in Florida Shores. At the May 7th meeting (1979) there was a letter read from residents on Needle Palm requesting that something be done about these problems. There was a motion made to look into straiqhtenina out the street around 16th, mark the truck route and also to look-into - some methods of dust control. The Council was waiting to work out a paving program or buy paving equipment. This did not work out and it looks as if there will not be a paving program, he was wondering what the Council was gOing to do about these problems in Florida Shores. Councilman Asting said that he had contacted Jack ~scherl , County Councilman, and he had the County road supervisor contact Mr. Asting and told him that it would be on the County agenda to see if the City could borrow the County paving equipment. They are waiting to hear about the County's decision. . o (..) 8 "':'- NEI~ BUSINESS The Council agreed to hold a public hearing for the 1979-80 Budget and the Federal Revenue Sharing appropriations on September 17, 1979 at 6:00 P.M. Mayor Christy announced that the Council would hold a budget workshop on Tuesday August 22, 1979 at 7:00 P.M. in City Hall. Mr. Rawlins asked the Council if they would reconsider his application for a license to operate an air conditioning repair business at his home. He said that he would be storing his equipment in his truck. There .were a lot of people with small businesses that stored material in their vans and trucks and parked them at their residence. He understands that Mr. Rotundo runs a small business out of his home and stores materials in his van and Mr. Rotundo lives in the same zoning area as he does. Councilman Rotundo .said that he did not do any repair work at his home. Mr. Rawlins said that he would not be doin9 any repair work at his home. There was further Council discussion on this application. Councilman Sikes made a motion that the Council authorize the City Clerk and the Mayor to issue a license to Mr. Rawlins and that the Council could ratify it at the next meetina. Councilman Ledbetter seconded the motion. Upon roll call the m;tion CARRIED 5-0. Councilman Ledbetter made a motion that the Council call a moratorium on all home occupational licenses. The motion died for a lack of a second. Councilman Sikes said that Mr. Rawlins must understand that he can only use his home as an office and for telephone calls. There can be no repairs there or open storage of material. Councilman Rotundo made a motion that the meeting be adjourned. Councilman Sikes seconded the motion. The meeting was adjourned. b Minutes submitted by: Nancy Blazi ATTEST: /;CiR- ~ -tA~ . · . r$ ty Clerk fv Approved th is [0 day September, 1979. ouncilman .~-~ Councilman , ~ f~.- \ l I r . . o Q MY NAME IS JACK KROPP, I LIVE AT 58 LAS PALMAS DRIVE, EDGEWATER, AND I AM A MEMBER OF THE CITY'S PLANNING BOARD. I WOULD LIKE TO CALL THE COUNCIL'S ATTENTION TO THE FACT THAT I VOTED AGAINST THE PLANNING BOARD'S MOTION FAVORING THE RE-HIRING OF RICHARD DIAMOND AS CITY PLANNER FOR THE FOLLOWING REASONS: (1) IT SEEMED STRANGE TO ME THAT THE BOARD SHOULD BE CONSIDERING APPLICATIONS FOR THE POSITION OF CITY PLANNER SINCE AS FAR AS I COULD DETERMINE THE CITY COUNCIL HAD NOT REFERRED ANY APPLICATIONS TO THE BOARD FOR REVIEW AND AT LEAST SOME COUNCIL MEMBERS WERE UNAWARE OF WAHT WAS TAKING PLACE. (2) THESE APPLICATIONS WERE IN THE FORM OF RESUMES. (3) . WITHOUT INTERVIEWING ANY OF THE APPLICANTS, THE BOARD REJECTED THEIR RESUMES ALTHOUGH ONE OF THEM HAD PREVIOUS PLANNING EXPERIENCE. (4) IT APPEARED TO ME AS IF THE MOVE TO REHIRE MR. DIAMOND HAD BEEN PRE-ARRANGED, AT AN INCREASE IN SALARY OF $2,600 PER YEAR. THIS WITHOUT DIAMOND EVEN APPLYING FOR THE JOB. IN ALL FAIRNESS TO THE PEOPLE OF EDGEWATER, AND TO THE CITY COUNCIL AND THE - REJECTED APPLICANTS, I FELT THAT I HAD TO VOTE "NO". LATER, MY DOUBTS CONCERNING THE BOARD'S ACTIONS WERE CONFIRMED WHEN I HEARD THE CHAIRMAN OF THE PLANNING BOARD STATE THAT THEY HAD 3 COUNCILMEN WITH THEM IN THE RE- HIRING OF DIAMOND AT $13,000 PER YEAR. THE COMPREHENSIVE PLAN WAS AUTHORED AND PREPARED BY THE ENGINEERING FIRM OF BRILEY-WILD, NOT BY MR. DIAMOND. AFTER PUBLIC HEARINGS HAVE BEEN HELD IT WILL BE READY FOR ACCEPTANCE OR REJECTION BY THE COUNCIL. IN MY OPINION, I DO NOT FORESEE ANY URGENT NEED TO HIRE A CITY PLANNER AT THIS TIME. MR. DIAMOND QUIT THE CITY EMPLOY AT A CRUCIAL TIME LEAVING THE CITY IN A LURCH. HE COULD DO THE SAME AGAIN. I BELIEVE THAT ALL CITY EMPLOYEES ARE HIRED ON A 90 DAY PROBATIONARY PERIOD, AND IF DIAMOND IS HIRED THIS SHOULD APPLY TO HIM ALSO. FURTHER, IT WOULD BE MOST UNFAIR TO HIRE THIS MAN AT $13,000., \VHILE THE NEW CITY CLERK, WHO HAS FAR MORE RESPONSIBILITIES, RECEIVES ONLY $11,000. THANK YOU.