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07-28-1980 - Regular ; f " Q Q .. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 28, 1980 Mayor Robert H. Christy called the meeting 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 I. Woods City Clerk J.G. Herget Police Chief Earl Baugh Present Excused Present Present Present Present Present Present INVOCATION Silent SALUTE TO THE FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to approve the minutes of the meeting held July 21, 1980. There were no questions on the motion. Upon roll call vote the motion CARRIED 3-1. Mayor Christy voting no and stating that he was not present at that meeting. BILLS AND ACCOUNTS Councilman Cameron made a motion to pay the bills, being seconded by Councilman Ledbetter. There were no questions on the motion. Upon roll call vote the motion CARRIED 3-1. Mayor Christy voting no. COMMUNICATIONS ' Mayor Christy stated that before we go into communications he wanted to read from the Charter Section 2-30 "Decorum -- Any person making personal, impertinent or slanderous remarks shall not be" He added that he is pulling off two letters from the agenda, one being from Mr. Williams and the other from Mr. Dyett. Cbuncilman Cameron made a motion that these letters be read, being seconded by Councilman Asting. Mayor Christy stated that these letters will not be read. Councilman Ledbetter stated that he is at a loss as to why this man is jumping allover him. Upon roll call vote the motion DIED 2-2. Mayor Christy and Councilman Ledbetter voting no. u o Councilman Ledbetter stated that he sees no reason for reading these letters. Councilman Cameron stated that he will bring this up under his coordina tor ':s report. Mayor Christy called Councilman Cameron out of order and warned him that he would be escorted out for further actions. The City Clerk read a letter from the Board of Adjustments con- cerning a variance request from Mr. and Mrs. Thomas Nelson on the building located at 302 Linda Street. The request is for all' 2" variance so that the owner will comply with the 20' required rear setback. Councilman Cameron made a motion to accept the recommendation from the Board of Adjustments and approve this variance, being seconded by Councilman Asting. There were no questions on the motion. Upon roll call vote the motion CARRIED 4-0. The City Clerk read a letter from Mr. and Mrs. Niemiec in reference to the problem they are having with Third Street. This is officially a dead end street and commercial vans and cars are going and coming through the Ohlson's yard on East Marion Avenue from Third Street. Also, as previously asked, he would like something done about the cement on the street in front of Mrs. Sepkoski's lot. Mr. Niemiec was given the floor to explain this problem to the Council. He went into a rather lengthy explanation of this. Attorney Woods stated that unless we vacate the street there is nothing that can be done about vehicles going back to the Ohlson's residence. However, he added that he would like to speak to the State Attorney's office about the threatening letter that Mr. Niemiec states that he has received from the Ohlson's. Chief Baugh spoke to the Council about the situation with the Ohlson's property. He added that the place has been cleaned up and the traffic going down that road is going back to the Ohlson's house; he does not feel that we can stop this traffic flow. Attorney Woods agreed that there is nothing that can be done. He will get a letter off to the State Attorney's office. Mr. Copeland, Supervisor of the Street Department stated that as far as the concrete in the street goes, you don't want to dig it up because then you will have a big hole in the road. COORDINATOR'S REPORTS Councilman Ledbetter asked Mr. Copeland to tell the Council what he found out about the mower that the Council discussed at the last meeting. Mr. Copeland told the Council that he and Mr. Cameron looked at the mower, which would be for ditch banks, slopes and such. Councilman Cameron filled the Council in on the features of the mower. He stated that he was very impressed and he feels that this type of equipment would be an asset for the ~ity. -2- u o Attorney Woods asked if there are other companies that could bid on this type of equipment? Councilman Cameron stated that most tractor dealers would have this, and it could go out on bids. He made a motion that we advertise to accept bids for this type of mower, bids to be back by noon August 22nd to be discussed at the Council meeting August 25th, being seconded by Councilman Ledbetter. There were no questions on the motion. Upon roll call vote the motion CARRIED 4-0. Mr. Copeland told the Council that his department is still in need of a trash truck. Councilman Ledbetter made a motion that we go out for bids on a trash truck, specifications to be picked up at City Hall, the time to be the same as the mower bids, being seconded by Councilman Cameron. There were no questions on the motion. Upon roll call vote the motion CARRIED 4-0. Councilman Ledbetter stated that this will have to come out of the Street Department's funds. The City Clerk stated that he understood this from the last conversation he had with Mr. Copeland. Councilman Cameron stated that a Mr. Clyde Allen contacted him in regards to having a road maintained. This was checked out and we found that this is a dedicated 12 foot right-of-way. Mr. Allen would like to see this road graded and shell put on it, and he is willing to give an additional 8 feet to make it a 20 foot right-of-way. (This is Community Dr.) Attorney Woods stated that you would have to get the additional footage before the City could do anything. Councilman Cameron explained that there is no problem on Mr. Allen's part in getting the additional 8 feet, however there is one other property owner, Mr. Stanley from Georgia, between Mr. Allen's property and Ridgewood Avenue. He asked the Council to authorize the City Attorney to contact these two men and see if they will deed this property to the City. Mayor Christy stated that we won't need a motion on this unless there is some objection; we can just instruct the Attorney to go ahead with this. Councilman Cameron has a request from Mr. Gene Harris, who went to the Department of Environmental Regulations for a permit and he needs to reply with certain information from the City. The City Clerk read this letter to the Council, explaining what the requirements are in order to grant this permit to Mr. Harris. Mayor Christy stated that this should have been put on the agenda. Attorney Woods stated that this is their permitting procedure, there is a report by which they follow. He added that he would like a chance to look this over. and then the Council can vote to approve or disapprove of what Mr. Harris is requesting from the Department of Environmental Regulations. -3- u u Oouncilman Cameron explained that Mr. Harris is putting in a bulkhead down at Edgewater Acres to keep the bank from erroding and washing into the river. He feels that this should be granted. Mayor Christy stated that copies will have to be made of this and 'given to the Attorney and all of the Council for the agenda for next Monday's meeting. Councilman Cameron asked the City Clerk if he would explain to the Council and the people present why he is leaving the City. City Clerk Herget explained that he is returning to the service. He has heard about the letters floating around that he is leaving because of the present Council; his leaving is no reflection on anyone here. Councilman Cameron stated that he has another letter that he would like to have the City Clerk read into the record. Mayor Christy stated that if this is the letter that was voted on earlier, it is not going to be read. He explained that he has the power to have anyone escorted out of the meeting and he is warning Councilman Cameron :for the last time that he is out of order. Councilman Cameron stated that the public should hear a resident's statement; we have had orderly meetings for the last couple of months and all of a sudden it's like Russia again. Mayor Christy stated that he is here against his doctor's orders, Attorney Woods broke into the discussion at this time and asked the Council to get down to City business. He added that there is a lot of important business that is pendingthat we have not been able to handle because of the adverse publicity that is going on. He asked if the Council could try to cooperate. Mayor Christy stated to Councilman Cameron if another outburst was made, he would be escorted out. Councilman Asting stated that the City has Some $350,000.00 in funds that they reinvest in Certificates of Deposit monthly. He would like to make a motion that the City Clerk advertise this money for bids from local banks for a 30 day period, a 60 day period and a 90 day period to see what interest rates we can get on this, being seconded by Councilman Cameron. Councilman Ledbetter asked if this includes Water and Sewer money, and if this means we would be intermingling our funds? Councilman Asting explained that there are two separate certifi- cates. The City Clerk explained that you have $50,000.00 in a regular passbook saving account, which this Council voted on doing because you can draw the same interest rate without penalty for early release. You have one certificate of deposit marked specifically for the Sinking Fund and you have one marked for the City of Edge- water, which are separate. This makes the total amount. There was discussion about the limit of time to set on th~s. The City Clerk explained that you get a higher rate of interest if you invest your money for 60 days or 90 days, you also pay a penalty in your interest rate if you draw your money out before that time is up. He explained that he has gone out to these banks for this information and all of the local banks are very close in the rates that they will pay. He added that New Smyrna Beach goes out for this every month before they reinvest. -4- Q o Councilman Ledbetter stated that there is money in the Water and Sewer Funds that can not be intermingled, because sooner or later if you do this, all of the money will be in the General Fund. Mayor Christy stated that up until July it had not been inter- mingled. The City Clerk stated that nothing has been changed with the money. He stated that he has not intermingled the money. Councilman Cameron stated that all this motion is asking to go out on bids and he has the City's best interests in mind and thinks we should do this. Councilman Asting repeated his motion to ask for interest rates on 30 days, 60 days and 90 days. When the bids come back, the Council can make the decision for which one. The bids to be back on August 15, to come to the Council meeting on August 28th. Mayor Christy asked the City Attorney what his opinion is of all of this. Attorney Woods stated that as long as you are maintaining your funds for your bonds, your Sinking Fund, then it is fine. It is just a question of where you can get the best return of your money. Upon roll call vote on the motion it CARRIED 3-1. Mayor Christy voted no. Attorney Woods stated that,at the request of the Council,he has been negotiating the purchase of some property for a new water well for the City. He believes that we are going to have a donation of some property in the near future. Mr. Testa, from Magnuson Corporation is going to get back in touch with him in the next week or so. The next step will be getting some Depart- ment of Environmental Regulation permits, and he doesn't feel that there will be any problem there. The City Clerk read a letter from the Fire Department in regard to four members attending a training program. The cost will be $120.00 for the registration, and they also request mileage payment. Councilman Cameron made a motion to pay the $120.00 to attend this seminar, including the mileage, being seconded by Councilman Asting. There were no questions on the motion. Upon roll call vote the motion CARRIED 4-0. Councilman Asting stated that he would like to ask a question of the City Attorney. He said that we have an Ordinance that states that any communication submitted to the City Clerk by noon on Thursday for the agenda, be put on the agenda. He questions Mayor Christy's right to take these two letters off of the agenda. Mayor Christy stated that this was voted on and it is a dead issue. He gave the opinion. 'Attorney Woods stated that you did vote on the Ordinance to have items in by noon on Thunsday to be put on the agenda. It is a procedural matter and was brought up on a motion and decided on a two to two deadlock that they will not be read. If these people are here to speak on the matter, he feels that they should be allowed to. Mayor Christy stated that if anyone wants to read these letters, they can go to City Hall. -5- ~ o Mayor Christy stated that he was attending this meeting against his doctor's orders. He was told not to return until August 15th, so I came back to let you know, and I am not coming back until the 15th. His attorney will take care of the issue in court. He stated that a motion was brought up about two story buildings on Riverside Drive. This motion died. It was brought back up again and according to the 880 Ordinance you can not do this, you must wait one year. This was done illegally. He asked the City Attorney if this is correct? Attorney Woods stated that this is not correct, and they have gone over it. ,'( Mayor Christy stated that this will be taken care of in court too. Also, Councilman Asting brought up a petition one time with about 500 signatures on it about a bus service. This petition was honored, yet 613 people have a petition in for an election. He would like the Council to move to honor this petition and let the people vote on what they want. He would like the date moved up to the September primary election. Councilman Ledbetter stated that he would like to see the date moved up. He made a motion that the petition be placed on the primary election. Mayor Christy seconded the motion. Councilman Cameron stated that he was also in the courtroom and the Judge said that the Council was within it's legal rights to put it on the November ballot. Councilman Asting stated that he has no questions. Mr. Holahan was given the floor. He spoke to the Council in favor of putting the referendum on the primary election. He asked the Council to go along with the will of the people of Edgewater and let them vote on this as soon as possible. Mr. Clay Henderson was given the floor. He reminded the Council that we are under an appeal in regard to this matter. We can save a lot of time by putting this on the September primary. The citizens have initiated the desire for some changes. He asked that the Council let the people decide and put the person- alities aside and get back to City business. Councilman Asting stated that Mr. Henderson is speaking for one tenth of the people of the City of Edgewateri this is the way he is looking at this. Mayor Christy stated that he would like to speak now that every- one else has. He is not afraid to run for office again. The Council should abide by the will of the people. Upon roll call vote the motion DIED 2-2. Councilman Cameron and Councilman Asting voting no. RESOLUTIONS City Attorney Woods read Resolution No. 80-R-169 A RESOLUTION APPOINTING EARL WALLACE TO THE EDGEWATER ZONING BOARD, OF THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt this resolution, being seconded by Councilman Asting. Upon roll call vote the motion CARRIED 4-0. -6- ~ o ORDINANCES City Attorney Woods read Ordinance No. 80-0-63 (Second reading) AN ORDINANCE AMENDING SECTION 1706.6(b) OF THE 1976 SOUTHERN STANDARD BUILDING CODE AS ADOPTED BY THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CODIFICATION OF THIS ORDINANCE INTO SECTION 7-21 OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER, FLORIDA, PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR PUBLICA- TION OF THIS ORDINANCE BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Ledbetter. There were no questions on the motion. Upon roll call vote the motion CARRIED 3-1. Mayor Christy voted no, stating that he is not familiar with this. City Attorney Woods read Ordinance No. 80-0-64 (Second reading) AN ORDINANCE AMENDING SECTION 13-22 OF THE CODE OR ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY INCREASING THE MEMBERSHIP OF THE MERIT BOARD FROM FIVE TO SEVEN MEMBERS, AND FURTHER PROVIDING THAT THE MERIT BOARD SHALL HAVE THE PRIVILEGE OF INTERVIEWING AND MAKING RECOMMENDATIONS TO THE CITY COUNCIL FOR NEW APPOINTEES TO THE MERIT BOARD, PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Cameron. Councilman Ledbetter stated that he doesn't feel that this is in the best interests of the City employees, because they will still only have one employee representative with more board members. Councilman Cameron stated that the reason for this change was to insure a quorum at their meetings. Upon roll call vote the motion DIED 2-2. Councilman Ledbetter and Mayor Christy voting no. City Attorney Woods read Ordinance No. 80-0-65 (Second reading) AN ORDINANCE AMENDING APPENDIX K OF THE 1976 SOUTHERN STANDARD BUILDING CODE AS ADOPTED BY THE CITY OF EDGEWATER, FLORIDA BY REQUIRING BUILDING PERMITS BEFORE DOING ANY WORK OR CONSTRUCTION OF ANY CHARACTER WHERE THE COST EXCEEDS $500.00, REQUIRING, HOWEVER, THAT A PERMIT MUST BE PROCURED FOR ANY STRUCTURE CLASSI- FIED AS A FENCE, REGARDLESS OF COST OF CONSTRUCTION, PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR CODIFICATION OF THIS ORDINANCE AS A PART OF SECTION 7-21 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Cameron. There were no questions on the motion. Upon roll call vote the motion CARRIED 4-0. -7- , (.) o OLD BUSINESS The item listed under old business was taken care of earlier in the meeting. AUDIENCE MISCELLANEOUS Mr. Montesano spoke to the Council about the speed limit being abused in the Florida Shores area. He would like something done about this. Chief Baugh said that this is the first complaint from Mr. Montesano that he has heard, he will be more than happy to put a patrolman out in that area. NEW BUSINESS Councilman Ledbetter/stated that he understands that there is an opening on the Zoning Board. He made a motion to reappoint Frank Opal to the Zoning Board, being seconded by Mayor Christy. Councilman Asting asked the City Attorney if it is proper for the Mayor to second a motion? City Attorney Woods stated that the Mayor should step down from the chair to second a motion. Mayor Christy stated that he does not know where this is written in parliamentary procedure. City Attorney Woods stated that this has always been done by the chairman stepping down from the chair if he wants to second the motion. Mayor Christy stated that other Cities do this. The Mayor in New Smyrna Beach makes the motions. He withdrew his motion, stating that it would die anyway. Mr. Opal was given the floor. He stated that he attended a meeting a few weeks ago and the chairman of the Building Code Board made the motion. He asked if this is legal? Mayor Christy asked the City Clerk to look into this. ADJOURN Councilman Asting made a motion to adjourn, being seconded by Councilman Ledbetter. The motion CARRIED. A7ST: ~e~ M~~\~ ~ r I ~:~?)t ~~~ J.L~ ~unCl ma /J.//J ~~ Au...L-.. 'Jf.-l.!-~ ~~ o~ncilman .. .~ 7u~.Ai Lf fNJ Counci1TIlari V Minutes submitted by: Debbie Sigler Approved~this tl1.l~day ;gUS~;j& -8-