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04-07-1980 - Regular " . ~p . o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 7, 1980 Mayor 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods, Jr. City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Rev. Smith. SALUTE TO THE FLAG APPROVAL OF MINUTES Regular Meeting March 24, 1980. Councilman Asting made a motion that the Council approve these minutes. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Special Meeting March 27, 1980. Councilman Ledbetter made a motion that the Council approve these minutes. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Mr. Herget said that the Council needed to add the bill for the fire truck and equipment. The County has already sent the check for this. The amount is $61,930. Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Asting seconded the motion. Councilman Ledbetter questioned the bill from Sears and Roebuck for $368.05. Mr. Herget said that this was for tools for the Water Dept. Councilman Ledbetter said that just a couple of weeks ago the Council approved a bill for tools from Sears purchased by the Water Dept. Mr. Herget checked the bills. Mayor Christy suggested that the Council table this bill from Sears for $368.05 for further study. Mr. Herget said that some of these bills were for items that had been ordered some time ago but only recently delivered. We do not pay a bill until the complete order has been filled. Mayor Christy said that the Council should subtract the $368.05 from the total of the bills and approve the rest of the bills for payment. ,- o o Councilman Asting asked about the $656 for Public Safety Devices. Mr. Herget said that this was for lights, sirens, etc. for the new police cars. Upon roll call the motion to pay the bills CARRIED 5-0. COMMUNICATIONS Mr. Herget said that at the request of the City Attorney, the letter and report concerning DER permit to build into Indian River that had been submitted by Bobo Realty, would be presented to the Council next week. The Councilmen would be given a copy of the full marine report so that they could make a decision next week. The City Clerk read a "letter from Magnuson Corp. requesting that the city vacate a 50' of Evergreen Dr between blocks 10 and 13 at the northern part of 16th st. bounded on the south by the drainage canal. Mr. Earl Wallace, a representative of Magnuson Corp. spoke to the Council concerning this property. Magnuson owns property on both sides of this right of way. They would like the 50' between the properties vacated for the purpose of constructing a commercial building. The area is zoned I-I, Light Industry. There is no street here from the canal to 16th St. IB There was a discussion about the depth and width of the canal south of the property in question. The Council questioned the zoning of this property and also what types of businesses were permitted in the area. There was no zoning map available for the Council to study. Mayor Christy said that he had been out and looked at the area. There were some residences across the street but there was also other businesses in the area. He suggested that perhaps the Council would want to go out and look at the property. We need to have a resolution of intent, if the Council wishes to vacate this area, and then we would hold a public hearing. The swimming pool and the skating rink are over in that area and also industrial Road. Councilman Asting made a motion that the Council table this until next week. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning Board concerning the commercial building proposed by Belmont Homes in the B-3 area of Pelican Cove Subdivision. The Board has recommended that final approval of the site plan not be given until a fire hydrant is installed as per the letter from the Fire Chief. The Zoning Board had also previously recommended that the lift station at Pelican Cove be checked by the City Engineer to determine if it would be capable of handling the commercial buildings as well as any additional homes built in the area. Mr. Carder spoke to the Council and said that he would be willing to install the fire hydrant at his expense. He did not know exactly where the fire hydrant should go but he would check on this. Councilman Asting said that the memo from Briley, Wild concerning the lift station at Pelican should be clarified. Mr. Carder said that he would like Council approval so that he could start on getting plans drawn for the commercial buildings. He had no objection if the Council would approve this subject to the fire hydrant installation and the report on the lift station. He has already been working for over two months trying to get this approved. He has been before the Zoning Board and the Planning Board and is trying to follow all the regulations. Councilman Asting asked what type of buildings Mr. Carder planned to put in this area. 2 o o 2-A Mr. Carder said that he did not know at this time what types of businesses would go into the area. He would accept any type of business that was permitted in B-3. He understood that certain types of businesses would require more water and sewer for example a laundromat. He is maintaining the lift station now and will continue to do so until the revenue is sufficient for the City to take over the maintenance. Councilman Glaser made a motion that the Council table this until they get a report from Mr. Asting on the lift station. This will be brought up next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning Board concerning height restrictions in various zoning districts. The recommendations of the Zoning Board had been presented to the Council last October and approved for a Public Hearing. At the second Public Hearing on Nov. 19, 1979, there were some objections from property owners in the R-5 Zoning District. The Council tabled the recommendation of the Board. The Board is requesting that the Council reconsider their request to restrict heights of buildings in R-5, R-5A, R-4, B-4, B-2, I-I, 1-2, and 1-3. Mayor Christy asked the City Attorney if it would be necessary to have another Public Hearing on this recommendation. Mr. Woods asked if these were the same height restrictions that were originally presented at the Public Hearings in November? Mr. Mackie, Chairman of the Zoning Board, said that these were the same recommendations. Mr. Woods said that another Public Hearing would not be necessary. Councilman Glaser made a motion that the Council accept the recommendation of the Zoning Board. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The City Clerk read a letter from the Zoning Board requesting that the Council consider additional changes to Section 715.02 of the Municipal Code. This deals with si'be;'plan 9JPprovcil. Mr. Woods said that one Public Hearing on these changes would be sufficient. This is only a textural change and does not affect zoning. Mayor Christy said that the Council should let the City Attorney and the City Clerk set the date for the Public Hearing. Councilman Glaser made a motion that the Council authorize a Public Hearing for these changes to 715.02 the date will be set by the City Attorney and the City Clerk. Councilman Rotundo seconded the motion. Councilman Ledbetter said that he objected to the statement that 4 votes of the Council was necessary for an affirmative vote. Mr. Mackie said that was already in the ordinance. Councilman Glaser said that this could be discussed at the Public Hearing. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. The City Clerk read a letter from the Dept. of Community Affairs concerning the granting of an extension for the adoption of the Comprehensive Plan to July 1, 1981. This was for Council information only, no further action was necessary. The City Clerk read a letter from Brent Millikan, CPA, concerning arrangements for accounting services to the City for the fiscal year ending Sept. 30, 1980. 3 o o Mayor Christy made a recommendation to the Council that they check into the services of other CPA firms and find out what the cost of accounting services would be from different companies. Councilman Glaser asked if the City had a contract with Brent Millikan? Mayor Christy said that we did not have a contract. The motion was made on Jan. 18, 1979 to hire Brent Millikan to do the audit for the fiscal year 1979-80. Councilman Ledbetter made a motion that the Council retain Brent Millikan as City auditors. Councilman Asting seconded the motion. Councilman Asting said that he believed Brent Millikan charges were lower than the previous auditors by about $5.00 per hour. Councilman Glaser asked if this would just be for the remainder of this fiscal year? Councilman Ledbetter said that we were already half way through the fiscal year and it didn't make sense to change auditors now. At the beginning of the next fiscal year, if Council wished to make a change they could do it then. Mayor Christy said that he did not think the City had so much money that they could just pick anyone they wanted for professional services. We should advertise for bids from other auditing firms so that we could compare costs. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. The City Clerk said that there were two pieces of correspondence from John Gross. Mayor Chftisty said that before the City Clerk read these letters he would like to say that we have in our charter rules avoiding all personalities, indecorous language, impertinent or slanderous remarks. He believes these letters are slanderous not only to the City but to people. He asked the City Attorney if the City could fil e suit. Mr. Woods said that a libel suit is an individual matter and the City does not fit into that category. Mayor Christy said that he did not see any reason to read these letters. The Council has all received copies. Unless the Council orders him to do so, he does not want these letters on the agenda. There were no objections from the Council. The City Clerk read a letter from the Supervisor of Parks and Recreation requesting that the Council authorize a change in the working hours of that Dept. They would like to change the hours from 8:00 a.m. to 4:30 p.m. to 7:00 a.m. to 3:30 p.m. Councilman Ledbetter made a motion that the Council grant this request. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter to the Council concerning the consumption of gasoline by the different City departments. Councilman'..Glaser .question'edttie "increase of gasoline consumption in January in the St. Dept. - Councilman Ledbetter said that this was because of transporting the shell. There were times when the St. Dept. used every vehicle they had. This letter was for Council information. There was no action taken. 4 Q o The City Clerk read a letter from Det. Rickelman requesting the clothing allowance allocated to him. The amount was $150. Mayor Christy said that he did not know why this was on the agenda. The money was budgeted for this allowance and this has been done for the past three years. He did not think the Council needed to take any action on this. The City Clerk read an application for a Home Occupational License from Mr. Perley Nesbitt, Evergreen St., to operate a lawn care service. The Council questioned Mr. Nesbitt concerning any storage on the property and also the type of vehicle used in transporting his lawn equipment to various jobs. Mr. Nesbitt said that he had a small utility trailer that he used to haul his equipment in and that he only wanted to use his home for phone calls. There would not be any open storage of equipment on his property. Councilman Rotundo made a motion that the Council grant this license. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a short recess. Meeting called back to order. COORDINATORS REPORTS 2B Councilman Rotundo told the Council that the two new police cars are now in service. Mayor Christy spoke about a recent incident at the police station where a couple of the policemen were injured trying to subdue a prisoner. There were also a number of other arrests made over the weekend and he wanted to say that he was very proud of the work being done by the police in Edgewater. He suggested a letter of thank you be sent to the police department. Councilman Ledbetter said that he was supposed to report to the Council on the drainage problem at Otter and So. Old County Rd. This is private property and it would take too much money to do this work. He does not think the City should do work on private property. If the mosquito control people want to drain that area, that would be alright. We should not use taxpayers money for work on private property. Mayor Christy asked if Mr. Ledbetter wanted to make this into a motion. Councilman Ledbetter said yes, he would make a motion that the City not do any work on this property at Otter and So. Old County Rd. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Glaser No report. Councilman Asting passed out a memo to the Council from the Supv. of the Water Dept. concerning a chlorine booster station at Florida Shores Tower. Mr. Wadsworth has recommended this booster station to eliminate the problem of excess chlorine in the water. Councilman Ledbetter said that they should use suitable piping to prevent leaking. They have had problems in the past with chlorine leaks. Councilman Asting said that he was sure they would check this very carefully. He added that money has been budgeted for this under Fund 40. It should cost about $800.00 and the work will be done by City employees. There was no Council objection to installing this booster station. 5 , o o Councilman Asting also requested Council permission to authorize correspondence courses for employees in the Water Dept. There is money budgeted for this and it is required by the DER. He has discussed with the candidates that they sign an agreement to remain in the City employ for one year after they take this course. Mr. Woods said that he felt this would be difficult to enforce. It is involuntary servitude. The cost of trying to get this money back if an employee left the City would probably be higher than the amount spent on the courses. Councilman Asting said that there has been objections to our training employees that often leave the City as soon as they have received this education. There were no objections from the Council on paying for this schooling. Councilman Asting told the Council that they have added two grease fittings to the Can Tex unit. This should help the problem they have been having. Mayor Christy said that the column was still out of line. Councilman Asting said that we still have the bond and they will have to fix this. ~ Mayor Christy Isaid that we continued to pay Briley, Wild for these mistakes. He would like to see some legal action taken on getting some of this money back. Mr. Woods said that we would have to arbitrate any questions under the contract. Briley, Wild is the project engineer and if they say the job has been done correctly, they are the City engineers and we have to release the bond. He assumes that Briley, Wild will have McMahon Co. do whatever is necessary to correct the center column that is out of line. If they don't do this then we seek arbitration. Mayor Christy asked the City Attorney if we could get our money back from McMahon that we paid Briley, Wild for all these inspections made necessary because of the condition of the plant. Mr. Woods said that he has heard so much about Briley, Wild and how unhappy the City seems to be with their work. If the Council feels that way, they should terminate the contract and get another consulting firm. Councilman Asting made a motion that the Council authorize the City Attorney to contact Briley, Wild and direct them to have the defect corrected in the center column of the Can Tex unit. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that he still felt the Council should find some way to recover expenses to Briley, Wild in connection with this Can Tex unit. McMahon installed it wrong. Councilman Ledbetter said that he did not believe Can Tex should be held responsible. Mayor Christy said that it was installed wrong and that was McMahon. Councilman Glaser said that the City Attorney had written a number of letters concerning this unit. He asked if the center column was included in the request for repairs or was it just the bearings? Mr. Woods said that when he wrote about the bearings, he assumed that they would make other corrections. They did not do this. Mayor Christy said that we should still be able to get some of our money back. Mr. Woods said they should know how much money was involved here. Councilman Ledbetter made a motion that the Council instruct the Mayor to get this figures and report back in two week. Councilman Asting seconded the motion. 6 Q u Mayor Christy said that he would need some help. Councilman Glaser asked the City Clerk if he could provide someone at City Hall to assist the Mayor in this project? Mr. Herget said that we had a CETA employee that he could spare from her regular job to help the Mayor get this information. Mr. Siciliano spoke to the Council concerning the performance bond that the City still held. They can attach this bond and not return the money if the unit is not fixed properly. Mr. Opal said that this had gone on for too many years, they should get this taken care of right away. Upon roll call the motion CARRIED 5-0. Councilman Asting told the Council that the City Planner Patrick Hurley, had completed his probation period. He feels that Mr. Hurley has been doing an excellent job and he would like to recommend that he be hired permanently and given a raise. Mayor Christy said he agreed with Councilman Asting. Councilman Asting made a motion that Patrick Hurley, City Planner, be hired on a permanent basis and that his salary be raised from $11,000.00 annually to $12,000.00 by resolution. Councilman Rotundo seconded the motion. Mrs. Webber asked the Council if Mr. Hurley would be able to spend more than one hour a day on the Comprehensive Plan. Mr. Hurley had told her that he was so busy with other projects that he could only give one hour of his time to the Comprehensive Plan. Mayor Christy said that he has kept Mr. Hurley busy and so have other departments, primarily in seeking grants. However, he has spoken to Mr. Hurley and been assured that the City Planner will spend all the time that is necessary on the Comprehensive Plan. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. City Attorney Judson Woods reported to the Council on a request from Mr. Grollemund for a reimbursement on a water line installation. This 'was researched and Ord. 878 stated that as of July 1, 1974, reimbrusements for water line installation was discontinued. There is no way we can reimburse him. He will write to Mr. Grollemund informing him of the law. Mr. Woods also told the Council that there was a seminar on local law in Orlando the end of April. He believes it would be advantageous for him to attend this seminar. He has money in his budget for this purpose and would like Council approval. Councilman Asting made a motion that the Council authorize the City Attorney to attend the local legal seminar in Orlando. Councilman 3b Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. M~. Woods asked if the Council was going to discuss Home Occupational !lce~s~s now or l~ter"in the meeting. He had some suggestions to m_a k e . to.;.. t.h e Co un c 1 1 COn c ern i n 9 the s e 1 ice n s e s . ;; Mayor Christy said that subject would be discussed later in the meeting. Mr. Woods also said that he had not been able to do too much research on the sounding of whistles by trains. He did find out that they are sup~osed to sound a whistle within 1500 yards of a crossing. It says whlstle or bell. Mayor Christy said that it is supposed to be an audible sound. Mr. Woods said that he thought it would more appropriate to write to the proper agency.to get an interpretation on it. However, if you have to do somethlng that is audible isddesn~t seem as if a bell would be sufficient. 7 o Q Mayor Christy said that there have been a lot of complaints on the noise made by the whistles. There was a brief discussion about public safety, malfunctions of railroad crossing signals, etc. City Clerk Joseph Herget No report. Mayor Christy said that the City will have to send a letter to DOT telling them that we will not pay for the traffic lights but we want them to do the study and put the lights in. The MPO will not take this up because it is the DOT. Mr. Herget said that the Council instructed him to write a letter to DOT which has already been sent. The letter indicated the need for the lights at Park Ave. and 442 and U.S. 1, also that there had been four (4) free lights put up in New Smyrna and we have asked them to reconsider. Copies of this letter were sent to county and state officials as well as the Governor. Mayor Christy also told the Council that Regional Emergency Medical Service Council will sponsor CPR courses on Sunday, May 18, 1980. Edgewater Community Center has been designated as one of the places where this course will be given. It is a free course and we need to have a phone number for people to register at. Mr. Herget suggested that we use the 427-2500 number and Susan could take the pre-registration. RESOLUTIONS The City Attorney read Resolution 80-R-151. A RESOLUTION OF INTENT TO VACATE THAT CERTAIN PORTION OF FOURTEENTH STREET LYING BETWEEN LOTS 2131, BLOCK 48, AND LOT 2130, BLOCK 47, FLORIDA SHORES SUBDIVISION NUMBER 4, PER MAP BOOK 23, PAGE 104, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; PROVIDING FOR NOTIFICATION OF THE PROPOSED VACATION TO ALL AFFECTED PROPERTY OWNERS; PROVIDING FOR A TIME AND PLACE AT WHICH OBJECTIONS TO SAID VACATION CAN BE HEARD BEFORE THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Public Hearing on this vacation will be held on May 5, 1980. ORDINANCES The City Attorney read Ordinance No. 80-0-44 (Second reading title only) AN ORDINANCE:: INCREASING THE REQUIRED OFF-STREET PARKING SPACES IN MULTI-FAMILY ZONING DISTRICTS FROM ONE AND ONE-HALF SPACES PER DWELLING UNIT TO TWO SPACES PER DWELLING UNIT; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. .... :.. "'0.... ...., ., J., .. '" '" I y) 8 o Q The City Attorney read Ordinance 80-0-45 (second reading title only) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY THE DELETION OF THE R-3B ZONING DISTRICT AND REDESIGNATING SAID DISTRICT AS R-2B; PROVIDING FOR PERMITTED USES AND ACCESSORY USES; PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR DIMENSIONAL REQUIREMENTS; PROVIDING FOR PERMITTED SIGNS; PROVIDING THAT THIS CHANGE SHALL BE MADE ON THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING THAT THIS ORDINANCE SHALL BE CODIFIED AS SECTION 602.04.2 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER; PROVIDING FOR ADVERTISING BY THE CITY CLERK; PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED; PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Webber questioned about all the changes that the Zoning Board was making. It used to be that we could only change our zoning about three times a year now we seem to be changing it every week. Mayor Christy said this had been changed. The City Attorney read Ordinance 80-0-46 (second reading title only) AN ORDINANCE AMENDING CHAPTER 13, ARTICLE II, SUB-PARAGRAPH (3), OF SECTION 13-28, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS Zoning Map The City Clerk gave the Council copies of the requirements for a Zoning Map and also the estimate from Dan Cory for updating the present map. Mayor Christy said that this will cost the City approximately $1000.00. Mr. Herget told the Council that they will have to appropriate money to the Planning Dept. budget to cover the cost of this. This can be done when the budget is reviewed and amended. Money was budgeted for this map in 1978-79 but it was not spent at that time. There was no money budgeted in the Planning budget for 1979-80 to pay for a zoning map. Mayor Christy said that the City must have an up-to-date zoning map. Councilman Rotundo made a motion that the Council instruct the City Planner to have the zoning map up-dated. Councilman Asting seconded the motion. Upon roll cal.l the motion CARRIED 5-0. Mr. Herget said that we will have to have a public hearing to readjust the budget. Trash pickup - Home Occupational Licenses Councilman Asting asked if we had ever heard from Triangle concerning the money owed the City for his franchise? Mayor Christy said that the City Clerk had been instructed to contact Mr. Osban about paying the City the money that he owes. 4A There was a discussion about Triangle Service. Mayor Christy said that he would like to see the books at Triangle to find out how much business he does in Edgewater. 9 o <.) The City Attorney will contact Triangle Service regarding the franchise. Mayor Christy said that Councilman Ledbetter had suggested that perhaps those people who have Home Occupational Licenses should pay the commercial rate for trash pickup. He feels that they are also in business and should be treated the same as other businesses in the City. Mr. Woods said that he believes we have a serious problem with the Home Occupational licenses. Some people are getting these licenses and they probably shouldn1t be getting them. He has requested from the Florida League of Cities copies of other major cities' ordinances regarding the issuance of Home Occupational Licenses. We could specify, by ordinance, only certain types of businesses that would be allowed in residential areas for example: artist, sculptor, dressmaker, author, emergency treatment by a physician or dentist, emergency interviews of clients by lawyers, architects, engineers or similar professions, music teachers, ministers - these are typical type home occupations. We might also require written approval of adjacent property owners and even a requirement that they appear before the Zoning Board and let them screen them more carefully. Councilman Asting said the Council should wait until Mr. Woods gets this information and then have a workshop to discuss any changes in the present regulations. Mayor Christy said that if there were no objections, he would recommend tabling the subject of Home Occupational licenses until the attorney gets more information. Set date for meeting with NSB Mayor Christy said that the New meet with the Edgewater Council Edgewater and New Smyrna Beach. they would like to meet on April Beach City Hall. Smyrna Beach Council would like to concerning the footbridge between If it was convenient for the Council 16, 1980 at 7:00 p.m. at New Smyrna The Council agreed to this date. Trash Pump at Lake Coquina Mayor Christy said that the rental on the trash pump expired on April 8, 1980 (tomorrow) and that the Supervisor of the St. Dept. said that there was a lot more work to be done out there. Councilman Ledbetter said that he realized the City needed the shell. However, most of the other work in the street department has been neglected since they started working out at the lake. Unless the City can come up with more manpower to work on both the other City street work and the lake and more money, work should stop at the lake so that the street department can take care of their regular work. Mayor Christy said the City needs the shell and they are now taking out the best shell that is in the lake. They also are supposed to straighten out the area around the lake. Councilman Asting said that the trash pickup has also been neglected. Allover town there are piles of trash from people doing their spring yard cleanup. Councilman Ledbetter said that within another couple of weeks, the St. Dept. will not have any place to dump. Mayor Christy said that he is to receive a letter in writing concerning land we can use to fill. However, he plans to ride the garbage truck one of these days to find out how long it takes to complete the routes. Councilman Rotundo said that they could not leave the area the way it was, they must straighten it up. Councilman Ledbetter said the original deal was to remove what had already been dug up but it seems that every week we extend the work for another week. - 10 - . . o o Mayor Christy asked if Mr. Ledbetter wanted to make a motion. Councilman Ledbetter made a motion that the City cease work at the lake and return the pump. Councilman Asting seconded the motion. Councilman Rotundo said they still should use the shell that has been dug. Councilman Ledbetter said that they could take the backhoe and clean up the area while the lake is rising. The shell piled up can be removed. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. AUDIENCE MISCELLANEOUS Mrs. Webber, Evergreen St., spoke to the Council concerning the Public Hearing held by the Planning Board on the Comprehensive Plan. She said that a false statement had been made about the number of people that constituted a quorum and the Chairman of the Planning Board, Mr. Nolan insisted that there had been seven people at that hearing. Mr. Woods said that he had spoken to Mrs. Webber concerning this question. This public hearing was not held by a legislative board. It was an advertised public hearing and everyone that came had an opportunity to speak. The City Planner was also present to answer questions. There were no decisions made at this meeting and at the next regular meeting of the Planning Board, Mrs. Webber was one of the members who participated in voting to send the Comprehensive Plan to the Council. He does not find anything legally defective about the proceedings. Mrs. Webber asked if they felt it was alright for a Board Chairman to stand before a Council and swear that there had been that many people present when they had not been there? Mr. Herget said that he had listened to the tapes, as he had been instructed, he listened to roll call and there were three people present and Mr. Nolan arrived about an hour and a half after the meeting had been started. Mr. Woods said that if Mrs. Webber feels that Mr. Nolan has done something wrong then she should request that the Council remove Mr. Nolan as Chairman. Mrs. Webber said that she did not think that was necessary but Mr. Nolan should be reprimanded for telling such a deliberate lie. NEW BUSINESS OWNERSHIP OF MANGO TREE DRIVE Mayor Christy stated that the City has been maintaining Mango Tree for years and it is County owned. He asked the Council IS permission to go before the County Council and present the City's situation. 4-b Councilman Ledbetter made a motion to send the Mayor to the County Council and also send the Supervisor of the Street Department, if he wants to go. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to adjourn. Councilman Rotundo seconded the motion. Minutes submitted by Nancy Blazi - 11 - . . o o ( f' 3 \ 7', \, --!, h", / "A Councilman .-/ 1 1J7i I ~ ;~ .I fu" / .~ \'I;""""I /' ': -:-WB.~~~ Councilman ....... ~~ ' -~ . Councilma ATTEST: , Itr~ of - 12 - ~ r- ,r-' 6' ~c d .-,."'" (. ~ J-h()