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09-29-1980 - Regular ...=- .. j~ ( t \0.'; '1., .,. ~..."\ . (.J 1 Lt;. .. .V I CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING / September 29, 1980 CALL TO ORDER ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter C~~ncilman James H. Cameron Councilman Neil J. Astinq City Attorney Judson Woods City Clerk Nancv F. Blazi Police Chief Earl Buagh Present Excused Present Present Present Present Present Present INVOCATION Silent SALUTE '1'0 FLAG '\ ~-- - APPROVAL OF MINUTES Councilman Ledbetter made a motion to approve the minutes of the Public Hearing and Regular Meeting of September 22, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. 1,\ l \ BILLS AND ACCOUNTS Councilman Ledbetter made a motion to approve the bills and accounts. Councilman Cameron seconded the motion. ,. Mayor Christy questioned a bill for pipes and fittings for the Water Department. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS Councilman Asting addressed the Council stating his opposition to the Indianapolis Plan. He said it was too expensive and there is no proof of the value of the plan to warrant the expenses. He stated that by eliminating the Plan it was eliminating police extravagance. He personally experienced an increase in the crime rate which the Police Department predicted if the Plan was abolished. Councilman Asting made a motion to set a workshop for Tuesday, Oct. 14th, 7: OOpm to discuss the possibility of establishing a City Law Enforcement Board. Councilman Cameron seconded the motion. Councilman Ledbetter questioned Police Chief Baugh whether or not the City has less police protection because of the budget approval, and if there has been an increase in the crime rate. Police Chief Baugh stated there is not an increase in the crime rate, nor is there less police protection. He also feels the responsibility for the actions of his Department. He has contacted the Sheriff's Department regarding an investigation concerning rumors about the Officers. ,.., J . ~ u ^ u Mr. Garthwaite inquired as to the amount of money saved by dropping some of the cars from the force. There was a discussion by Chief Baugh, Councilman Asting and Council- man Cameron regarding the amount saved by not buying new equipment. Mr. Garthwaite directed a question to Councilman Cameron concerning his statement at the meeting of 9/22/80 regarding the garbage men. Councilman Cameron defended both his statement and feelings on the subject. Ms. Wright stated people come to the meetings to learn what is going on in the City and because they care - not to listen to grown people fight about the issues. She feels the the .Council should listen to the people more and fight less. Mayor Christy stated he does listen to what the people want. Councilman Ledbetter stated he had no fixed opinions before meetings and was willing to listen to the input of the people. Mrs. Murphy wanted to know why the public could not come to the PBA meetings. Mayor Christy informed Mrs. Murphy the public was allowed and welcome. Attorney Woods stated that certain sessions of the Council are closed because the law provides them the right to formulate their position with the union without tipping their hand. Mr. Veschusio asked Councilman Asting if the proposed Law Enforcement Board members would be paid. Councilman Asting stated these are normally voluntary like the other boards. Mr. Mitchell asked how often would the patrol cars have to be replaced and wouldn't it be better to have only one driver per car. There was a discussion by Councilmen and Mayor Christy, Ms. Webber and Police Chief Baugh concerning the patrolmen needed, the purchase of new cars, the wear and tear on the vehicles and the cost of replacements. Upon roll call the motion CARRIED 4-0. The City Clerk, Nancy Blazi read her recommendations regarding the Indianapolis Plan. Councilman Cameron discussed marking the cars clearly and parking three of the newer cars, using one for City business only, perhaps for the Building Official. Councilman Cameron made a motion to number the cars remaining in service with 6" numbers on the front fenders and trunk, where it is visible to the public. Councilman Ledbetter seconded the motion. There was a discussion regarding the size of the numbers. Councilman Cameron withdrew his motion and Councilman Ledbetter withdrew his second. Councilman Cameron made a motion to number the cars remaining in service with 9" numbers on the front fenders and trunk, where it is visible to the public. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 9/29/80 -2- CJ Q Councilman Cameron made a motion to "cannibalize" (remove sirens, lights, radios, etc.) the three oldest vehicles being removed from the force. Councilman Asting seconded the motion. Councilman Ledbetter said the Council was acting too hastily in meeting the PBA demands and stripping down the cars not in service. He felt the recent PBA meeting was a "closed" meeting and needs additional questions answered. Mayor Christy stated the meeting was considered an "open" meeting. Upon roll call the motion DID NOT CARRY. Councilman Ledbetter and Mayor Christy voted NO. Councilman Cameron made a motion to take one of the cars taken out of service and turn it over to City Hall for "official use only". Councilman Asting seconded the motion. Mr. Montesano stated he felt the,Council was taking away from the Police Department and putting the car in service again. He suggested the cars be saved to be used as replacements for a car that breaks down ,and not used by other City employees for City business. He stated the Chief of Police usually takes the money to the bank, not City employees. Police Chief Baugh stated he takes the money to the bank mainly because it is a large sum and would require an escort anyway. Mr. Veschusio wanted to know if the City employees would be allowed to take the cars home for personal use. Councilman Cameron stated the cars would only be used for "official use only". Mr. Phinney asked the Counci1 that..since the last motion .did .not carry, would the cars in question use the siren on the way to the post office. He suggested the Council get their act together. Ms. Webber stated this procedure would not work - that it had been tried before and was unsuccessful. She said it would be a saving to pay City employees to use their own car and pay mileage. Mr. Wilson wanted to know if the numbers would be painted on the cars used for City business. Oouncilman Cameron stated he would like to see numbers on all of the cars. Upon roll call the motion DID NOT CARRY. Councilman Ledbetter and Mayor Christy voted NO. The City Clerk requested clarification on what to do with the cars. Councilman Asting made a motion to park three cars at the City garage which was seconded by Councilman Ledbetter. Ms. Webber suggested getting rid of the cars rather than keeping them and paying for the upkeep. Councilman Cameron suggested an auction to sell the cars. Mayor Christy stated Councilman Cameron was out of order. Mr. Montesano suggested keeping the cars in shape and rotating them on the shifts. He also suggested keeping them parked in the barn. Upon roll call the motion CARRIED 4-0. Council Meeting 9/29/80 . -3- J o o The City Clerk read the letter from Joseph McEver regarding his resignation from the Board of Governors. Councilman Ledbetter made a motion to accept Mr. McEver's resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. The City Clerk read the letter from Vincent and Genny Turano regard- ing FHA 235 housing in Florida Shores. There was a discussion by the Councilmen, Mr. Mackie, Mr. Cloer, Mr. Pilch and Mr. Armstrong concerning the construction of homes and specifications required to meet FHA requirements. It was the concensus of opinion that quantity did not necessarily make quality and that all construction was governed by FHA specifications. The Council accepted the letter as information and no further action was taken. The Mayor called a brief recess. The City Clerk read a letter from the Board of Governors regarding a proposed 5,000 Meter Foot Race on October 18th. Councilman Ledbetter made a motion to grant permission for the race and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk stated anyone that would like to help on the project contact City Hall.and that all help would be appreciated. The City Clerk read the letter from the Merit Board regarding the addition of two members. Attorney Woods stated he will render an opinion on the Merit Board requests by the regular meeting October 6, 1980. Councilman Asting made a request to table the letters from the Merit Board until October 6th. This was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 4-0. The City .Clerk read the request from Doug Webster for a home occupational license covering carpentry and painting. Councilman Ledbetter questioned if there was subcontracting to be done would there be equipment at the house. Mr. Webster stated there would only be phone calls from the home. Councilman Asting made a motion to grant the license. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councilman Ledbetter - stated he had been gi veri specifications .for a new garbage truck by Mr. Copeland and would like to go out for bids. Councilman Ledbetter made a motion to go out for bids for a trailer with compactor to be used for garbage and trash collection. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 9/29/80 -4- Q (.) Councilman Cameron - presented water bills given to him by Mr. Holland who was concerned about his rates. He requested the City Clerk write a letter explaining the minimum charge rate to Mr. Holland, and that he is not being overcharged. Councilman Asting - none Cith Attorney Woods - none City Clerk Nancy Blazi - none ~-~ RES6{UTIONS The City Attorney read Resolution 80-R-178. A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 21, 1980, FOR THE PURPOSE OF ELECTING A COUNCILMAN FOR ZONE 4; DESIGNATING THE VOTING PLACE FOR SAID ELECTION; DIRECTING THE CITY CLERK TO PUBLISH THE RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt Resolution 80-R-178 and it was seconded by Councilman Ledbetter. Mr. Schilling stated the resolution should be corrected to say "Daylight Saving Time" in lieu of "Eastern Standard Time". Councilman Cameron amended his motion to include the correction and Councilman Ledbetter amended his second. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution 80-R-179. A RESOLUTION DECLAR1NG THE CANDIDATES FOR ELECTION FOR COUNCIL SEAT FOR ZONE 4 IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Opal called for a correction to his middle initial to "E". Mr. Wilbur called for a correction to his middle initial to "T". Councilman Cameron made a motion to accept the Resolution and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES Attorney Woods read Ordinance 80-0-70 by title only. (2nd Reading) AN ORDINANCE CREATING A ZONING DISTRICT IN THE CITY OF EDGEWATER, FLORIDA TO BE KNOWN AS THE PLANNED INDUSTRIAL DEVELOPMENT ZONING DISTRICT; PROVIDING FOR CODIFICATION OF THIS ORDINANCE AS SECTION 607.03 OF THE EDGEWATER CODE OF ORDINANCES; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Attorney Woods stated it was the intent to insert "Planning Board" where "Planning Department" is referred to and he asked the City Clerk to make the changes and presented the ordinance with these indicated changes. Councilman Asting made a motion to adopt the Ordinance with the intended changes and Councilman Cameron seconded the motion. Upon ro~l call the motion CARRIED 3-1. Councilman Ledbetter voted NO. Council Meeting 9/29/80 -5- ~ u u Attorney Woods read Ordinance 80-0-71. (1st reading) AN ORDINANCE AMENDING SECTIONS 19-11(1) AND 19-12(1) AND 19-12(3) (a) BY INCREASING THE RATES FOR WATER CONSUMPTION TO CERTAIN USERS WITHIN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt the Ordinance and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Attorney Woods read Ordinance 80-0-72. (1st reading) AN ORDINANCE AMENDING SECTION 19-63(a) (1), (2), (3), (4) AND (5) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY PROVIDING FOR AN INCREASE IN THE RATE FOR THE COLLECTIONAL AND DISPOSAL OF GARBAGE AND TRASH FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the Ordinance and Councilman Cameron seconded the motion. Mr. Veschusio asked the Attorney to clarify the rate. Attorney Woods stated it was $4.00 per month for a maximum of three cans and $1.00 per month for each additional can. Mr. Macino asked if you classify bags as cans. There was a brief discussion and it was decided that bags would be classified as cans. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. The City Clerk asked the City Attorney if the adopted ordinances could be advertised by title only. Attorney Woods stated these could be advertised by title only. OLD BUSINESS The City Clerk presented the letter from the City Planner regarding the combination of the Planning and Zoning Boards which had been tabled at a previous meeting. Mayor Christy stated the Council should wait on a decision of this matter until the Comprehensive Plan has been adopted. Councilman Ledbetter stated he felt the consolidation of the Boards would not be wise at this time. Councilman Ledbetter made a motion to deny the City Planner's request. There was a brief discussion with suggestions to table the request rather than deny the request. Councilman Ledbetter withdrew his motion. Councilman Asting made a motion to table the request of the City Planner until after the Comprehensive Plan has been adopted. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Council Meeting 9/29/80 -6- " (..) (.) The City Clerk presented the letter from the Zoning Board regarding the P.I.D. Rezoning. Councilman Asting made a motion to place an ad to advertise a public hearing. There was a discussion regarding the notification of the abutting property owners, the legal description of the area to be rezoned and the clarification of the position of the property to be rezoned. Mayor Christy recommended the City Clerk and City Attorney set the date for a public hearing in order to meet all the necessary legal requirements. Councilman Asting amended his motion to accept the Zoning Board's request and Oouncilman Ledbetter seconded the motion. Ms. Murphy requested the City include maps of the affected areas for rezoning when advertising the public hearing. Attorney Woods stated the City would comply with all aspects of the law and felt the City could afford a map included in the advertisement of the public hearing. Upon roll call the motion CARRIED 4-0. Attorney Woods requested the consent of the Council to;have him and the City Clerk set the date of the public hearing. Mayor Christy stated this was consented. The City Clerk presented the wastewater and refuse budgets for approval. Councilman Cameron made a motion to adopt the water, wastewater and refuse budgets. He was corrected that the water budget had already been adopted. Councilman Cameron amended his motion to adopt the wastewater and refuse budgets as presented. Councilman Ledbetter seconded the motion. Mr. Gross spoke and stated the budgets are high. He questioned the amount of the increase being able to meet the costs of the budget. The City Clerk explained that the Federal Revenue Sharing money would be used for the renewal and replacement work done on Riverside Drive. Mr. Gross asked the Council to confirm the fact that the sewer rate would be 100% of the water bill. Councilman Cameron amended his motion again to include the fact that the sewer bill would be the same as the water bill. Councilman Asting seconded the amended motion. Ms. Webber asked if there was money left in last years residual fund from l~st year. She also questioned the amount of the budgets. Councilman Asting stated there was no money left and the only way to meet expenses in the budget is to cut down on personnel and expenses. The City Clerk reviewed the figures for the various departments. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. Council Meeting 9/29/80 -7- .." u u Councilman Asting made a motion to prepare the necessary ordinances for the final adoption of the budgets. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. It was stated that the regular meeting on Monday, October 6, 1980 has been set as a public hearing for this final adoption of the budgets. AUDIENCE MISCELLANEOUS Mr. Gross asked the Mayor to give a report of his findings on dumping chemicals into a pit behind the fence at. Coronado Paint Company. He stated the water was discolored; it is a deep pit and the water is seeping irito,the ground and he feels it should be looked into. Mayor Christy has not had the opportunity to review the area at this time. Councilman Cameron requested the City Clerk write a letter to the D.E.R. and the County Health Department regarding chemicals and paint being dumped into the pit. Mr. Gross spoke regarding the fires smoldering ln the area and the smoke in the houses surrounding the area. Mayor Christy requested Chief Baugh to check into the fires and see if permits had been issued and to correct the situation. Mr. Cloer spoke regarding the funds alloted for the Parks; and Recreation Department. He requested funds be alloted for South of the City. Mayor Christy explained these funds were for the employee salaries, repairs to the pier, maintenance of the library, City Hall, the ballpark, and other park areas in town. Councilman Asting stated money had been taken out of the recreation fund for the Police Department. Mayor Christy stated that SEVA is supposed to make recommendations to the Council concerning little league baseball teams. He requested the City Clerk write a letter to the Board of Governors to set up a little league plan. NEW BUSINESS Councilman Ledbetter inquired if the problem with the insurance for Fire Department members who are self-employed was resolved. Mayor Christy stated there had not been a decision on this matter. Mr. Montesano, Jr. spoke regarding the insurance coverage and the fact that an insurance man was to get back to the department '.w.i1.th :figures and rates but had not contacted them at this time. The City Clerk was requested to get the figures on the insurance coverage for the Voluntary Fire Department. ADJOURN Councilman Cameron made a motion to adjourn the meeting and Councilman Ledbetter seconded the motion. The meeting was adjourned. Council Meeting 9/29/80 -8- . u r 7vo '. . Minutes submitted by: Patsy L. McCann 7t~1!. a ~(?:, ~("?.? ~ ....- ~~~ ~"'-- /councilman . )~0,~ councilma~ 7; ..L6 I ~. ATTEST: /~A~ 1 ~.- ' City C:lerl' APPROVED TH-IS October, 1f'80. ...... /;i- DAY OF LJ/ c::---.... ~~/ Mayor --' A no$.. p' '~\Frf]f . "iJ~H.~ oj (~" III IhJ. ~t ~ ,. ;,.' I I ~." ,\ ~!d' l · ..,.. ~ U L::'1lI .r" Council Meeting 9/29/80 -9-