09-22-1980 - Public Hearing/Regular
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CITY OF EDGE~TER
CITY COUNCIL PUBLIC HEARING
September 22, 1980
Mayor Christy called the Public Hearing to order at 6:30 P.M. in
the Edgewater Community Center.
ROLL CALL
Mayor Robert H. Christy
Councilman Louis J. Rotundo
Councilman David C. Ledbetter
Councilman James H. Cameron
Councilman Neil J. Asting
City Attorney Judson Woods
City Clerk Nancy F. Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
The purpose of the Public Hearing was to discuss the proposed
millage rate of 5.968 and the 1980-1981 budgets (general fund, water,
wastewater and garbage.
Millage Rate:
Mayor Christy spoke regarding the letters received in the mail by
Governor Graham regarding the homestead exemption. Should the proposed
increase pass the City would have to raise the taxes. As a taxpayer
and citizen he is going to vote NO.
Mr. Armstrong -"The City is increasing the taxes 10%. It takes 4/5
vote to increase more than 8%." He indicated the ad published in the
paper for the Public Hearing was not large enough. For record he is
opposed to an increase in the taxes, and also until qualified certified
personnel indicates that we need an increase.
Mayor Christy explained that the other cities had to put the larger
ads in the paper because they raised their millage and ours remained
the same.
Mr. Veschusio -"Hhat are we getting with the taxes?" His street is not
paved and there are not street lights, nor does he have City water.
Mayor Christy stated the people voted down the paving two years ago.
For street lights and water you must apply at City Hall.
Mr. Gross - opposed the tax structure. He wanted to know what it is
going to cost the citizens.
Mayor Christy stated the tax millage would be the same as last year.
Everything else is going up and the City cannot go backwards.
Mr. Gross - stated the people should understand that this is going to
cost the people more money. He discussed the figures on the tax sheets.
Mr. Opal - said that a 1/4 page ad is mandatory for a hearing such as
this. He spoke regarding a millage vote in August which he felt was
illegal because it takes a vote of 4, not 3-1. He is opposed to increase.
City Attorney Woods read from the statutes regarding the voting and
millage increase. He explained the advertising procedure.
City Clerk Blazi stated at the time this was done it was a "tenative"
proposal that the City stay at the same rate.
Mayor Christy called for a recess of the Public Hearing at 7:05 P.M.
to open the regular Council Meeting.
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CITY OF EDGEWATER
CITY COUNCIL REGULAR MEETING
September 22, 1980
CALL TO ORDER
ROLL CALL
Mayor Robert H. Christy
Councilman Louis J. Rotundo
Councilman David C. Ledbetter
Councilman James H. Cameron
Councilman Neil J. Asting
City Attorney Judson Woods
City Clerk Nancy F. Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION
Reverend Boggs
SALUTE TO FLAG
Mayor Christy called for a recess of the Regular Meeting to return
to the Public Hearing.
Mr. Newell - stated the proposed figures are not a budget and you
cannot tell anything from the figures listed. He also opposes the rates.
Mayor Christy reminded the audience that the entire budget would be
posted after its adoption.
Councilman Asting - stated the City was working with a detailed budget
and the audience was supplied only with a summary. He also stated
that the workshops are open for public attendance.
Mayor Christy invited the public to corne to the workshops and meetings
that build up to "the Public Hearings.
Mr. Kestchall - spoke that he opposed the millage rate.
Mr. Bline discussed the assessed value increase.
Mayor Christy stated the City has also had increases from its sources
and in order to meet these increases the rates had to be increased.
General Fund Budget:
The City Clerk read the proposed budget for the General Fund.
The Mayor itemized each Department's budget and stated they would be
posted.
Mr. Newell wanted to know about comparative figures for the last year's
expenditures.
The City Clerk said the figures were available through August 31st.
These could be posted.
Water Department Budget; Wastewater Department Budget; Refuse Budget
The City Clerk read the budgets for the water, wastewater and refuse
departments.
Ms. Webber - asked about the Refuse Department being included with the
water ahd wastewater budgets.
Meeting 9/22/80
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Mayor Christy said when the City took back the garbage there was a
separate account set up.
Ms. Webber asked about the millage rate being so high when there
are so many new homes. (She was late to the meeting.)
Mayor Christy read the statement again concerning the operating millage
rates.
There was further lengthy discussion concerning the budgets.
Mr. Opal spdk:e at length ,;.uegarding the water and wastewater rate
structures. He reiterated statements from past meetings and things that
had been brought out.
Mr. Dietz - wanted answers to questions;why all the increases in water,
wastewater, garbage, taxes utilities, etc. It all shows mismanagement.
Since no deficits showed up there should not be an increase.
Councilman Asting explained the budgets proposed this year are less
than last year.
Ms. Secki - wanted to know about assessment on the taxes. She lives
in a mobile home. She tried to reach the County- offices for an answer.
Councilman Asting told Ms. Secki to contact the County Tax Assessor.
Mr. Gross - spoke on comparing the water to wastewater rates.
Mrs. Murphy - said with the exemption passing the City would lose
money.' If the budget is as tight as defined, what is the City going
to do?
Mayor Christy stated he was going to ask the Governor the same thing
at the meeting in Bal Harbour in October.
There was no further discussion.
Councilman Rotundo made a motion to adjourn the Public Hearing. Councilman
Ledbetter seconded the motion. The Public Hearing was adjourned.and
there was a short recess.
Horne Occupational License Applications - Father & Son Roofing, 2325
Fern Palm was reviewed.
Councilman Rotundo questioned if anything was to be stored at the home.
Mr. Busman stated nothing would be stored.
Councilman Asting made a motion to grant the license. Councilman Cameron
seconded the motion.
Ms. Webber wanted to know if they had to pay for this home license.
The City Clerk stated yes, they had to pay an occupational license fee,
the same as any other license for that particular business.
The motion CARRIED 5-0.
The application for David H. King, 2220 Lime Tree Drive was read. It
indicated only the necessary paperwork involved in running a business
would be at the home with nothing stored.
Councilman Asting made a motion to grant the license. Councilman
Ledbetter seconded the motion. The motion CARRIED 5-0.
RESOLUTIONS
The City Attorney read Resolution 80-R-176.
A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.968 MILLS PER $1,000
ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL
YEAR 1979-1980; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Meeting 9/22/80
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Councilman Asting made a motion to adopt the Resolution. Councilman
Rotundo seconded the motion.
Councilman Rotundo stated that the budget requires this Resolution to
keep operating.
Councilman Asting said the cost of operating the City has increased
and we must have this millage to balance the budget.
Mr. Gross directed his statement to Councilman Rotundo regarding the
millage increase and tax assessment.He stated the City should trim expenses.
Councilman Rotundo explained that the City must keep the millage the
same and that the City cannot operate on a shoestring. The budgets
were cut as much as possible.
Ms. Webber spoke on the amount of new homes in the area and stated we
should get revenue from them and should roll bac~ the millage, not
stay the same. She stated an increase was not necessary.
Councilman Rotundo reiterated that this millage was needed to balance
the budget.
Mayor Christy stated again one reason for the increase was the cost
of gasoline and that it has gone up. Another reason is the proposed
increase noted by a letter of the Florida League of Cities. He spoke
further about increases in all areas and the fact the City is not
trying to bleed the public.
Mr. Veschusio spoke again on the fact that he is not getting any of
the City services.
Councilman Asting reminded Mr. Veschusio that because of his well and
septic tank he is not paying for services he is not getting.
Mayor Christy reminded the audience that the City was benefiting from
the services of the police and voluntary fire departments.
Mr. Newell spoke regarding the increase and the fact that it was
excessive.
Rev. Boggs spoke regarding the living expenses increasing and the City
trying to balance the budget.
Mr. Burgess because of a homestead' exemption his taxes are lower. He
does not see where the City can operate if a number of these decreases
occur.
Mr. Cloer has been trying to get county taxes lowered. He stated the
audience should get better informed and then they could appreciate what the
Council is trying to do in balancing the budget.
Mr. Phillips said the people are mad at the increases in all levels
and should turn out and vote in the elections.
Mr. Opal wanted to know what the legal portion of the budget entailed.
Mayor Christy explained it covered court appearances, preparation of
ordinances, resolutions, and.secretarial expenses.
Mr. Opal said it was not legal to pay for the secretary's insurance.
in the City's budget and also questionea Attorney ~~ood's contract.
Attorney Woods explained he was not under contract with the City.
Councilman Cameron explained that the Attorney does not charge the
City by the hour as some firms do. He feels the City is saving by
paying the insurance of the secretary.
Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO.
Meeting 9/22/80
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Water
Mayor Christy read from the Circuit Court Case #78-323-CA-Ol, Div. E
regarding setting water rates. After a lengthy reading the audience
stated they did not want to listen to it. He went over the rate
schedule and asked for the Council's decision.
Ms. Webber stated the City shouldn't use the figures of May Zima when
they hired another firm.
Mayor Christy read from a Brent Millikan report that the City waste-
water was not operating to capacity because charges are insufficient.
Councilman Asting made a motion to adopt the "proposition 5"
increase, using base rate at $3.50 for first 2,000 gallons (remains
same) and subsequent rate be charged at $1.10 per 1,000 gallons.
On the multiple the rate would be $3.00 base and $1.10 for each 1,000
gallons thereafter. Councilman Rotundo seconded the motion.
Mr. Gross asked if this was just for the water and stated that no one
would get any breaks - what they use is what they pay for.
Mayor Christy explained~yes because of the complaints last week about
individuals paying more than commercial users.
Mr. Opal was opposed to "proposition 5" and stated no one knows how
to figure the rate schedule.
Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO.
Wastewater
There was a brief discussion regarding the Federal Revenue Sharing.
Councilman Asting made a motion to go with 110% increase in the sewer
rates (from 100% to 110%). Councilman Cameron seconded the motion.
Councilman Ledbetter reminded the Council that the water increase would
automatically raise the sewer rates.
Councilman Cameron confirmed this statement however there are repairs
to be made and the City does need the money.
Mr. Gross stated the citizens are mad. He r:equested the Mayor to think
before voting. He stated the City needed a new Council.
Ms. Webber wanted an explanation regarding the repairs and Federal
Revenue Sharing money.
Councilman Ledbetter stated there was no revenue sharing money figured
in the budget.
Councilman Asting explained that if and when it was available it could
be used for paving the roads in Florida Shores.
Mayor Christy stated he did not see the reason for 110% that the
water increase increase should be enough.
Upon roll call the motion DID NOT CARRY 3-2. Councilman Asting and
Cameron voted YES.
Refuse
Mayor Christy spoke regarding the garbage situation with Mr. Osban.
The purchase of the tractor/trailer is not included in the proposed
budget. A letter from Mr. Osban increasing the City's rate was
read advising a 20% increase would be in effect as of October 1st.
Councilman Ledbetter suggested that the Council hold off on the rate
increase until the price of a trailer was researched.
There was further discussion regarding additional customers, rates, etc.
Councilman Ledbetter made a motion to increase the garbage fee to $4.00
per month and Councilman Cameron seconded the motion.
Meeting 9/22/80
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Councilman Rotundo wanted to know if the $4.00 would be enough to
cover the budget.
Mayor Christy said it would not.
Councilman Ledbetter stated he thought the City could live with the
$.50 additional.
Councilman Cameron stated that with 500 additional customers the City could
live with it.
There was further discussion by Councilman Ledbetter and Mayor Christy.
Mr. Hatfield spoke that he was opposed to the increase.
Councilman Rotundo would like to see the garbage service continue
as it is presently, however if we go to $4.00 and it doesn't work
we could cut down to one pick up a week.
Mr. Lodico stated that large garbage collections should be made, however
the people should pay for these.
Mayor Christy felt $4.50 should be the charge.
Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor
Christy voted NO.
Another workshop was set for Thursday, September 26th, at 4:00 p.m.
to discuss wastewater and garbage budgets.
A motion was made by Councilman Asting to authorize the Attorney to
draw up ordinance for the rate increases. Councilman Ledbetter seconded
the motion.
Upon roll call the motion CARRIED 5-0.
A short recess was called.
APPROVAL OF MINUTES
Councilman Asting made a motion to adopt the minutes of September 15,
1980. Councilman Rotundo seconded the motion.
Upon roll call the motion CARRIED 5-0.
BILLS AND ACCOUNTS
Councilman Rotundo made a motion to approve the bills and accounts for
payment. This was seconded by Councilman Cameron.
Mayor Christy questioned the bill from Moreland for chemicals.
Upon roll call the motion CARRIED 5-0.
COMMUNICATIONS
The City Clerk read the letter from Mr. Osban of Triangle Services
regarding the increase in his rate.
Councilman Rotundo made a motion to accept Mr. Osban's proposal. It
was seconded by Mr. Asting.
Mr. Demuch questioned the Counci~ if an independent contractor had
been sought to handle -the trash collections.
Attorney Woods stated the City would have to go out for bids for a
private contractor rather than doing it themselves.
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Mayor Christy stated the City had bad experiences previously with
private contractors. He also said the City could not stay within
the budget at the $4.00 rate.
Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO.
The City Clerk read the letter from the Zoning Board concerning
board criticism.
Ms. Webber said that she is a member of the Planning Board. She
has been a member of the Council, Zoning and previous Planning Boards.
She stated that at meetings of the City Council she speaks only for
herself personally, and not as a member of any board. She claimed
ordinances are being rushed through, such as the one on the agenda
tonight. She wanted to know why the Council couldn't wait and do it
legally. Sne asked 'if .the Zoning. Board was trying to rule the
Councilor trying to invoke a gag rule to keep people from speaking.
Councilman Asting stated that he feels this was not what the Zoning Board
was trying to do with the letter. The letter was only concerning
the "special interest groups" she referred to earlier in another
Council meeting. If such groups exist then proof should be submitted.
Ms. Webber stated the B-3 change will only help-the special~contractors.
This will increase the amount of rental homes that will be in demand.
Mayor Christy read Ordinance #922 which amended Ordinance #880. He
also referred to Ordinance #925 which also amended Ordinance #880.
Ordinance 80-0-69 adds a special exception, not just a permitted use.
Attorney Woods tried to explain the ordinances in question.
There was no further action taken by the Council on the matter.
The City Clerk read the letter from the City Planner concerning the
consolidation of the Planning and Zoning Boards.
Councilman Asting stated the proposal has a lot of merit ,and made a
motion to table the request for further study until the next Council
meeting. Councilman Cameron seconded the motion.
Upon roll call the motion CARRIED 5-0.
COORDINATORS REPORT
Councilman Rotundo - none
Councilman Ledbetter - none
Councilman Cameron - none
Councilman Asting - none
City Attorney Woods - none
City Clerk Nancy Blazi - Requested the approval of a bill in the amount
Of $1,950":00 from Matthew, Wood for laying bricks at the new fire station.
Council Rotundo made the motion to approve the bill and Councilman
Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
Mayor Christy - read a letter from the Florida League of Cities
concerning House Bill 7112.
Meeting 9/22/80
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RESOLUTIONS
Attorney Woods read Resolution 80-R-177.
A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD IN THE CITY
OF EDGEWATER, FLORIDA ON NOVEMBER 4, 1980, FOR THE PURPOSE OF
ELECTING COUNCILMEN FOR ZONES 2 AND 4; PROPOSING CERTAIN QUESTIONS
REGARDING AMENDMENTS TO SECTION 8, SECTION 13 AND SECTION 20 OF THE
CHARTER LAWS OF THE CITY OF EDGEWATER, FLORIDA, SAID PROPOSED AMEND-
MENTS PERTAINING TO THE TERMS OF OFFICE AND MANNER OF ELECTION OF
THE MAYOR AND CITY COUNCILMEN, THE MANNER OF FILLING A VACANCY ON
THE CITY COUNCIL AND THE PROCEDURE FOR THE ADOPTION OF ALL ORDINANCES
AND RESOLUTIONS BY THE CITY COUNCIL; PROVIDING FOR THE SUBMISSION OF
THE PROPOSED AMENDMENTS HEREIN TO THE DULY QUALIFIED ELECTORS OF
THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES OR RESOLUTIONS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION
AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE.
Councilman Asting made a motion to adopt the Res.olution. Councilman
Rotundo seconded the motion.
There was a discussion by the Councilmen, Mr. Siciliano, Mr. Gross,
Mr. Holahan, Mr. Henderson, Mr. Opal and Mayor Christy
concerning the election of officials and the running of the City
if this Resolution is adopted.
Attorney Woods explained that if this is passed and if there were vacancies
on the Council it is possible the Governor would have to appoint people
to fill the vacancies, until a special election is held.
Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO.
ORDINANCES
Attorney Woods read Ordinance 80-0-69 for the second reading.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, BY ADDING THE CONSTRUCTION OF DUPLEXES AND MULTI- FAMILY
DWELLINGS, INCLUDING TOWNHOUSES AND CLUSTER HOUSING IN THE B-2, B-3,
B-4 AND B-6 ZONING DISTRICTS AS SPECIAL EXCEPTIONS IN SAID ZONING
DISTRICTS; PROVIDING FOR COMPLIANCE WITH DIMENSIONAL REQUIREMENTS
AS SET FORTH IN SECTION 603.01, R-4 MULTI-FAMILY DISTRICT; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF
THIS ORDINANCE BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE.
Councilman Asting made a motion to adopt the Ordinance as read and
Councilman Cameron seconded the motion.
There was a discussion by Mrs. Murphy and Mr. Holahan regarding the
changes in the zoning districts. They felt this Ordinance should
not be brought up before the Council before May, 1981.
Mayor Christy read Section 1105 concerning the rezoning.
Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor
Christy voted NO.
OLD BUSINESS
The City Clerk read a letter from the Magnuson Corporation regarding
a request to vacate Guava Drive and the plat plan submitted.
Mr. Wallace answered questions posed by the Councilmen and Mr. Cloer
concerning this request.
Councilman Cameron made a motion to reject the request to vacate
Guava Drive. Councilman Asting seconded the motion.
Upon roll call the motion CARRIED 5-0.
Meeting 9/22/80
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General Fund Budget
The City Clerk read the individual totals under each department.
Councilman Cameron made a motion to accept the budget as proposed.
Councilman Asting seconded the motion.
Councilman Rotundo stated he would like the Police Department budget
to be increased by $7,000.00.
Mr. Shoemaker requested a breakdown of machinery and equipment budget.
Councilman Cameron stated there were four cars to be taken off the road.
This would save on gas and insurance.
Mayor Christy stated the cars on the road have deferred crime.
Mr. Rickelman presented comparison figures 'worked up with New Smyrna
on vehicle repairs.
Mr. McEver discussed the policemen using the police cars for personal
business. He also discussed the rotation of the cars and the hiring
of additional personnel if the cars are taken off the road.
There was a lengthy discussion by the audience and members of the
police force regarding using police cars for personal use and deterring
crime by using the cars around town.
Councilman Asting discussed the wear and tear on the cars and the
insurance costs as reflected in the budgets. He also discussed the
fringe benefits and the salaries of the officers.
Mr. Isamone stated it was helpful to have officers with cars in the
area because he lives quite a distance from the station and it is
quicker to have someone near, if there is trouble.
Mr. Burgess stated it is a good thing to have police cars in the area
most of the time.
Mr. Cloer said he felt it was good having the police cars in the same
yard all the time but was not sure it was worth the money.
Mr. Holahan stated the men are on call 24 hours a day and they should
have means to respond. He felt there should be rules and regulations
governing the use of the cars.
Ms. Webber suggested we trim the Street Department budget and give it
to the Police Department for operating the cars.
Councilman Cameron stated the Street Department needed the money in
their budget to pick up the trash; otherwise'it would create a
health hazard. Also the sewer budget was cut and it a1so ',could create
a health problem. There is no comparison in not picking up the trash
to the policemen taking the patrol cars home. '
Ms. Webber wanted to know if lives were in danger would you call a
garbage man or a policeman. Policeman do have training.
Councilman Cameron stated that in some cases he might, the uniform
doesn't make the'man.
Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor
Christy voted NO.
Attorney Woods requested a dec~sion on the Southern County Building
Ordinance and the Board of Adjustments and Appeals question concerning
the number of members constituting a quorum and the number of members
required on the Board.
There was no action or discussion of Attorney Woods request.
Meeting 9/22/80
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Councilman Cameron made a motion to have the patrol officers turn the
cars in, take four cars out of service, and no cars be taken home as
of Friday, September 26th. The motion DIED for lack of a second.
The City Clerk requested a workshop to go over the budgets. It was
set for 4:00 P.M. Thursday, September 25th.
The City Clerk also requested a date for a Public Hearing for .final
adoption of the budgets. This was set tentatively for 0ttob~Ln6~~l980.
The City Attorney will prepare an ordinance for adoption of the
budgets after the workshops.
Councilman Asting made a motion to get rid of three (3) marked police
cars (the three oldest). Councilman Cameron seconded the motion.
Councilman Rotundo stated he felt October 1st was a better time to
do this.
Councilman Asting stated the people have requested the Council to
economize and the Police Department should not be an exception.
There was further discussion by Mr. Shoemaker and the Councilman on
why only three cars, not four or five.
Upon roll call the motion CARRIED-3-2. Councilman Rotundo and Mayor
Christy voted NO.
ADJOURN
Councilman
Cameron seconded the motion.
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Minutes submitted by:
Patsy L. McCann
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Meeting 9/22/80
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