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08-25-1980 - Regular u (.) ~1.j) i~J f}H5 CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING August 25, 1980 Mayor Christy called the regular meeting of the City Council to order at 7:30 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 Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to approve the minutes of August 18, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. ,.,"" BILLS ANp ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills. Councilman Cameron seconded the motion. Councilman Ledbetter questioned the replacement of bulbs. Mr. Herget stated that these bulbs were 24 ea 1500 watt for the ball field. Councilman Cameron questioned the radio pager repair for two depart- ments. Mr. Herget reviewed the various invoices. There were no further questions. Mayor Christy questioned the chlorine used at the Water Plant and Sewer Plant, and the fact there is a great quantity used. He would like a breakdown by the Supervisors of those departments. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. COMMUNICATIONS A letter of appreciation was read by the City Clerk from Ken Sanborn regarding the cleaning of sand and shell from the East boat ramp and the expedient manner in which it was done. A letter from the Building Code Board concerning the status of the Corbett Smith case was read requesting a completion date. City Attorney, Judson Woods answered that a letter was sent August 22, 1980 to Mr. Smith's attorney requesting completion 'within 90 days, or September 16, 1980, otherwise legal action would be taken against them. It was requested that Mr. Woods supply Mr.~E.A. P~lch, Jr. of the Building Code Board a copy of this letter. (.) u There was a discussion of Resolution 80-R-149, approved March 24, 1980 by the City Council, imposing certain requirements on the reproduction of public documents. The Florida Open Government Law Manual, Section 286.011 to 286.012, states that all minutes of meetings, including workshops, must be open to the public for inspection. This includes all documents, letters, papers, books, maps, tapes, photographs, film, sound recordings or other materials, regardless of physical form or character. Public officials denying the right of the public to inspect these records, according to section 119.071, are subject to suspension, removal or impeachment, which constitutes a misde- meanor of the second degree and criminal penalties. City Attorney reviewed the resolution and stated there was nothing wrong with making copies of the tapes. Mr. Rick Scarce, reporter for the News and Observer, indicated that he was not told that he could not listen to the tapes. He was denied the right to copy the tapes. City Attorney Woods stated it was not a good idea to turn the tapes over for copying since they can be erased by accident easily. Mr. Herget explained he previously had copied a tape for a public citizen, but that the party involved had sat through the taping, therefore no problems with what was said on the tape. Resolution was passed allowing three (3) working d~ys to prepare documents for the public. There has been no such waiting period for anyone to this date, and the media has been given from 9:00 to 10:00 a.m. daily for this review of the public records. Mr. Woods will be happy to submit the Resolution to the Attorney General's office to have their opinion on the legality of the Resolution. Councilman Asting made the motion to have the Resolution sent to the Attorney General's office and Councilman ,Ledbet'ber,seconded,the motion. Mr. Holahan stated he was refused taping of the minutes of the City Council meeting and was given a copy of Resolution 80-R-149F and he feels this is in direct conflict with the State law. Mr. Opal spoke suggesting the Council rescind that part of the Resolution prohibiting the reproduction of any tape. Attorney Woods agreed with the suggestion. The motion was then withdrawn by Councilman Asting and the second withdrawn by Councilman Ledbetter. Councilman Ledbetter made the motion to delete Section 5 of Resolution 80-R-149, seconded by Councilman Asting. Councilman Rotundo questioned the first sentence only of Section 5. Councilman Ledbetter withdrew his motion and Councilman Asting withdrew the second. Councilman Asting made the motion to delete sentence one of Section 5 of Resolution 80-R-149. Councilman Cameron seconded the motion. Mr. Witzig spoke regarding the taping of the minutes, and his feelings. Mr. Lodico spoke also regarding the taping of the minutes. Mayor Christy made note that he would have liked the motion to read "reasonable time". Upon roll call the motion CARRIED 5-0. Council Minutes 8/25/80 -2- u ~ COORDINATORS REPORTS Councilman Rotundo - reported there is a Hurricane Seminar on August 28, 1980 which he would like the Fire Chief to attend. Councilman Ledbetter - none Councilman Cameron - none Councilman Asting - Presented the departing City Clerk, Joseph Herget, with a Certificate of Appreciation for his outstanding services with the City. Councilman Asting brought up the suggestion of forming a Board for Charter Revision. Mr. .Bill .Phinney proposed this Board and spoke requesting the Council's consideration. City Attorney was instructed to look into other city's boards of this type and report back. City Attorney, Judson Woods - discussed a flyer from the 1980 Session of the Legislature covering the laws passed affecting Florida Cities. Mr. Woods will furnish each of the Councilmen a copy and indicated this is a very important document to read. City Clerk, Joseph Herget - Reminded everyone that next Monday night is Labor Day and there would be no Council Meeting. Mrs. Blazi would like to set up a general fund budget meeting for September 3, 1980. It was agreed by Council this would be at 7:00 p.m. and would be a workshop in the City Hall. Mayor Christy - Spoke regarding the VCOG letter of August 18th requesting a resolution regarding the Regional Airport Layout Plan. This was tabled until the meeting of September 8, 1980 for further study. Mayor Christy indicated there was a Florida League of Cities Seminar in Bal Harbour, Florida on October 23 thru 25, 1980 and requested a motion have him attend. Councilman Ledbetter made the motion to. attend. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Cameron voted NO. Any legislation to be presented at this Seminar must be prepared and submitted before September 25th in the form of a resolution. Mayor Christy called for a brief recess. The Meeting was called back to order. RESOLUTION City Attorney stated that before Resolution 80-R-172 could be introduced the salary for Mrs. Blazi should be set. It was agreed this should be $12,000 per year. Councilman Cameron made the motion and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney read Resolution 80-R-172. A RESOLUTION APPOINTING NANCY BLAZI AS THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH HER COMPENSATION; SETTING FORTH HER DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt this Resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Council Minutes 8/25/80 -3- Q Q City Attorney read Resolution 80-R-173. , , \ A RESOLUTION AUTHORIZING CITY CLERK NANCY BLAZI TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER, FLORIDA, AND TO BE AN AUTHORIZED SIGNATORY ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA, AND FURTHER, AUTHORIZING THE MAYOR, ROBERT H. CHRISTY, THE VICE MAYOR, LOUIS J. ROTUNDO, THE ACTING MAYOR, NEIL ASTING, AND DEPUTY CLERK, SUSAN J. WADSWORTH, TO BE AUTHORIZED SIGNATORIES ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. ' Councilman Asting made the motion to adopt the Resolution and Councilman Cameron seconded the motion. Mrs. Webber stated she had previously questioned the accounts of the City concerning which banks they were in and how much was there. She feels this information should be available for the Council, or whoever it might be, to review from time to time. Upon roll call the motion CARRIED 5-0. City Attorney read Resolution 80-R-174. A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE CITY OF EDGEWATER, FLORIDA'S APPLICATION AMONG THOSE REQUESTING FINANCIAL ASSISTANCE FROr~ THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRN~ FOR THE 1980-1981 PROGRAM YEAR; REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt the Resolution and Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES ORDINANCE 80-0-48 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. City Attorney feels in order to be in compliance with the procedural formalities it would be necessary to have a motion authorizing him to draft a new Ordinance. Councilman Asting made a motion to authorize the City Attorney to draft a new Ordinance and seconded by Councilman Cameron. Mrs. Webber questioned bringing up a new Ordinance before a year has passed. Mr. Woods corrected her to the fact that was for an applicant seeking a re-zoning change. Mrs. Webber disagreed with Mr. Woods opinion, and felt this is illegal. There was discussion by the Council over the point raised by Mrs. Webber. Upon roll call the motion CARRIED 5-0. Council Minutes 8/25/80 -4- " u o ORDINANCE 80-0-66 (Second Reading) By title only. AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, TO BE KNOWN AS THE STORM WATER MANAGEMENT AND CONSERVATION ORDINANCE OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF PROTECTING THE PUBLIC HEALTH, SAFETY AND WELFARE FROM THE DIMINUTION OF THE QUALITY AND QUANTITY OF WATER IN THE CITY AND PROVIDING FOR ENFORCEMENT THROUGHOUT THE CITY; DETER- MINING CERTAIN ACTIVITIES REQUIRING PERMIT APPLICATION; PROVIDING EXEMPTIONS; PROVIDING GENERAL REQUIREMENTTS FOR THE PROTECTION OF WATER RESOURCES; SETTING FORTH PERMIT APPLICATION PROCEDURES; AUTHORIZING PROMULGATION OF A FEE SCHEDULE; REQUIRING ADHERENCE TO APPROVED PLANS; PROVIDING FOR MAINTENANCE; PROVIDING FOR ENFORCEMENT AND FOR PENALITIES FOR VIOLATION; PROVIDING A VARIANCE PROCEDURE AND AN EMERGENCY EXEMPTION TO APPLY WHEN PROPERTY IS IN IMMINENT PERIL; ALLOWING FOR VESTED RIGHTS; PROVIDING FOR CONFLICT WITH OTHER LEGISLATION; CONTAINING A SAVINGS PROVISION AND DEFINITIONS AND FURTHER PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the Ordinance followed by a second by Councilman Rotundo. Upon roll call the motion CARRIED 5-0. ORDINANCE 80-0-67 (Second Reading) By title only. AN ORDINANCE TO BE ENTITLED THE FLOOD DAMAGE PREVENTION ORDINANCE FOR THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE AS CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCE 80-0-68 (First Reading) By title only. AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF EDGEWATER, FLORIDA AS ESTABLISHED BY ORDINANCE 79-0-29, BY TRANSFERRING CERTAIN FUNDS FROM ONE CITY DEPARTMENT TO ANOTHER CITY DEPARTMENT; AUTHORIZING SAID TRANSFER BY THE CITY CLERK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS REQUIRED BY LAW; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt the Ordinance, and Council- man Asting seconded. Upon roll call the motion CARRIED 5-0. OLD BUSINESS P.I.D. Ordinance City Attorney suggested the Council request this be put in the form of an ordinance and add to zoning laws, creating a zoning district. A brief discussion followed. Councilman Asting made the motion to have the City Attorney draw up an ordinance to be incorporated as part of Appendix A of the Zoning Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Merit Board Ordinance Revision After discussion it was decided ,by the Council to table this until ,the September 8, 1980 regular meeting, to be placed on the agenda under Communications. Council Minutes 8/25/80 -5- " (J o Certification of Bids Trash Truck - Two bids received, one from Bud Lawrence Ford, Inc. ($8,971.09); and the other from Spence Chevrolet ($9,390.00). Mr. Copeland stated that Bud Lawrence Ford made the low bid, however the truck quoted was not what was requested in the bid. Since there were specific specifications, and for Bud Lawrence Ford to comply their bid would be higher, therefore it was recommended the Council accept the bid from Spence Chevrolet. Attorney Woods concurred this would be in order. Funds were certified by City Clerk. Councilman Ledbetter made the motion to accept the bid from Spence Chevrolet and Councilman Cameron seconded the motion. A brief discussion followed. Upon roll call the motion CARRIED 5-0. Rotary Cutter - Three bids received, one from Volusia Ford Tractor Co., Inc. ($2,550.00); one from Taylor Tractor, Inc. ($3,259.00); and one from Ford Tractors of Brevard ($2,991.94). Funds were certified. A brief discussion followed. Councilman Rotundo made the motion to accept the bid from Volusia Ford Tractor Co., Inc. and Councilman Cameron seconded. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Frank Opal - requested the City Attorney report on the validity of the City's Building Code Board members, whether it conformed with the State statute. Also, discussed recent newspaper articles concern- ing "set-back oversights", and what the Council intends to do about it. Since this concerns Councilman Cameron he will obtain an answer from his attorney and put it on the September 8th agenda for the regular Council meeting. Mr. Dan Holahan -asNed the Council to give the Polish Freedom Strike an ovation. Requested explanation as to why his communication to the Council was not on the agenda. City Clerk Herget reiterated minutes from past meetings wherein the Vice Mayor propqsed no future correspondence be placed on the agenda ~or Mr.Holahan)~ that pertained to personalities. City Clerk was requested to read letter. NEW BUSINESS None ADJOURN Councilman Rotundo made a motion to adjourn seconded. Motion CARRIED 5-0. Meeting was Minutes submitted by: Ledbetter Susan Wadsworth Patsy L. McCann ~. ~ Council Minutes 8/25/80 -6- " <.) /J /1Mf4< ff (J".,dv>- ~cilman /tt.i ~ --z:::; Councilman - I o (J:1~~iJtEtt,/i r ~5 ~ 7;{,(k) / ATTEST: ~ I~~-" City Cl~ ~ ;L APPROVED THIS 1 -- DAY OF September, 1980. .\ -:Mayor - ...... Council Minutes 8/25/80 -7-