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08-11-1980 - Regular o Q ~)'..)...,r."':- v 4.\ .j \Y\B CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING August 11, 1980 CALL TO ORDER - Vice Mayor Rotundo 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 James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Absent Present Present Present Present Present Present Present INVOCATION Silent SALUTE TO THE FLAG APPROVAL OF MINUTES Vice Mayor Rotundo said that the Council had the minutes of August 4, 1980 and August 6, 1980 Council meetings. Councilman Ledbetter made a motion that the Council approve both sets of minutes. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills. Councilman Cameron seconded the motion. Councilman Asting questioned the bill from Baron Printers for the Building Official. City Clerk Herget said that the City approves a small budget for the Building Official to pay for items like printed forms. Councilman Ledbetter questioned a bill from Briley, Wild for review of subdivision. He wanted to know if the developer reimburses the City for this work. City Clerk Herget said that the City pays for this review. Councilman Ledbetter wanted to know if one of these bills was for the Pelican Cove Subdivision. City Clerk Herget showed the bills to Councilman Ledbetter. There were no further questions. Upon roll call the motion to approve the bills CARRIED 4-0. Q o COMMUNICATIONS Mr. William Simpson, a representative of the engineering firm of Post, Buckley, Schuh and Jernigan, addressed the Council concerning the method used to select an engineering firm for Council interviews and also the comments made by City staff members about the various firms that were investigated. There was no Council action on this presentation. The City Clerk read a letter from Mr. Brotherton, Riverside Drive, concerning the removal of a tree from his front yard. Councilman Ledbetter said that the Supervisor of the Street Depart- ment had inspected the property and according to his measurements the tree is located on private property. It would cost the City approximately $145.00 to remove this tree. City Attorney Woods said that he did not think the City should go into the tree removal business. It is not the obligation of the City to remove trees from private property. The City Clerk will write a letter to Mr. Brotherton stating that it is the Council's opinion that Mr. Brotherton is responsible for the removal of the tree from his own property. The City Council read a letter from the Merit Board concerning the additional members and the fact that the Board would be most willing to accept another City employee as an additional member. The employee should be a resident of the City. The Board requested that the Council reconsider the Ordinance to add additional members. Councilman Asting made a motion that the Ordinance be placed on the agenda for next week. Councilman Cameron seconded the motion. Councilman Cameron questioned the attorney concerning whether or not the Council could approve the same ordinance once it had been voted down. City Attorney Woods said that the Council should have another ordinance. Councilman Asting withdrew his motion. Councilman Cameron withdrew his second. Councilman Asting made a motion that the Council authorize the City Attorney to prepare another ordinance increasing the membership of the Merit Board. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. (Next week's agenda) The City Clerk read a letter from the Merit Board requesting that the Council consider amending the Merit Ordinance in regards to leave with pay and also sick leave. Councilman Asting made a motion that the Council TABLE this for further study. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a memo he had sent to the Council considering the minutes of the Building Code Board Meeting of July IS, 1980. The tentative minutes were typed erroneously and the Chairman did make a motion at the meeting. (There was a rather lengthy discussion at this time) -2- o Q Councilman Cameron said that the Board should be advised that before the Chairman makes a motion he should turn the chair over to the Vice-Chairman. Councilman Asting made a motion that the City Attorney prepare an ordinance establishing procedure for conducting board meetings and Council meetings. City Attorney Woods requested that the Council allow him to check into this. Councilman Asting withdrew his motion. (There was more discussion at this time) The City Clerk read a letter from Frank Opal requesting to speak to the Council concerning the same Building Code Board Meeting. Mr. Opal spoke to the Council. There was no further action by the Council on this subject. The City Clerk read a letter from Dan Holahan regarding Council activities and certain letters that had been read at Council meetings. Councilman Asting made a motion that the letter be incorporated into the records, as is. There was no second to this motion. Councilman Asting read from Code book regarding conduct of business- men in the City and reasons for revoking licenses. Councilman Cameron also spoke about Mr. Holahan's letter. Vice Mayor Rotundo said that he had instructed the City Clerk not to put any more personal letters on the agenda. Councilman Ledbetter spoke about Mr. Asting threatening to take a man's license. Mr. Holahan requested the opportunity to answer the charges made. (More discussion) No Council action. COORDINATORS REPORTS Councilman Ledbetter - none Councilman Cameron - none Councilman Asting asked the Council if August 19, 1980 would be agreeable to the other Council members for a meeting on the General Fund Budget. The Council decided on August 19, 1980 at 7:00 P.M. in City Hall. 2A Councilman Asting made a motion to appoint James Dyett to the Zoning Board. Councilman Cameron seconded the motion. (Discussion followed) Councilman Cameron said that Mr. Dyett had been recommended by a member of the Zoning Board. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. -3- Q o Councilman Asting made a motion that the Council authorize the City Attorney to prepare a resolution appointing Mr. Dyett to the Zoning Board. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. City Attorney - none City Clerk requested Council permission for the County to use the Community Center as a polling place for the primaries and the general election. Councilman Asting made a motion that the Council grant the County's request for use of the Community Center for the primaries and the general election. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Vice Mayor Rotundo reminded the Council that they had received copies of the proposed Zoning District P.I.D. This will be on next week's agenda. ORDINANCES City Attorney read Ordinance 80-0-66. Storm Water Management. 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; DETERMINING CERTAIN ACTIVITIES REQUIRING PERMIT APPLICATION; PROVIDING EXEMPTIONS; PROVIDING GENERAL RE- QUIREMENTS 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 PENALTIES FOR VIOLATION; PROVIDING A VARIANCE PROCEDURE AND AN EMERGENCY EXEMP- TION 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 PROVID- ING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordi- nance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 80-0-67. Flood Insurance Ordinance. 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. City Attorney explained this Ordinance to the Council. Councilman Asting made a motion that the Council adopt this Ordi- nance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. -4- o u OLD BUSINESS The Council discussed the Zoning Board's request to review Ordi- nance 80-0-48. The City Clerk read the letter from the Zoning Board. (Some discussion followed) Councilman Asting made a motion to place this on the agenda for next week. Councilman Cameron seconded the motion. City Attorney questioned the Council action of this (second reading died for lack of second, past on first reading). City Attorney also questioned the reason the Council did not want condominiums. Mr. Siciliano, Vice Chairman of the Zoning Board, spoke to the Council about this. The Zoning Board was concerned with the height of most condominiums. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS Councilman Asting spoke to the audience. Mr. Walter Gross spoke to the Council about the fact that the Mayor had seconded a motion at a Council meeting. NEW BUSINESS None Vice Mayor Rotundo reminded the audience that there would be a Council workshop at 6:00 p.m. and meeting at 6:30 p.m. on Tuesday, August 12, 1980 at City Hall. ADJOURN ATTEST: t~ ~ .. ~~~ ilm~n ~ j~ councilma~ ~ ~ ~ Councilman seconded the motion. Minutes submitted by: Patsy L. McCann {i ~ ;. <1 L-. APPROVED ~HIS ~ DAY OF ~ AUGUS~:}! o. /: 'JV~~I ~ f- Mayor -- -5-