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06-16-1980 - Regular o I , I ~l Q , CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 16, 1980 Vice-Mayor Louis J. 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 Excused Present Excused Present Present Present Present Present INVOCATION The invocation was given by Rev. Hardin. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cameron made a motion that the Council approve the minutes of June 9, 1980. Councilman Asting questioned whether or not Mayor Christy asked to be excused from that meeting? The recording clerk said that at the time of the roll call, the Chairman had stated that Mayor Christy was excused. Councilman Asting seconded the motion for approval. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Cameron made a motion that the CJuncil approve the bills for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. COMMUNICATIONS The City Clerk read a letter from Mayor Christy stating that he was taking a two (2) months medical leave 0; absence on the instructions of his doctor. Vice-Mayor Rotundo asked the City Attorney about this leave of absence. Mr. Woods said that there was no way the Council could get around not granting this and actually they don't have to grant it because there is no penalty for absences. The only procedure that could be enacted would be the State statute of recall. Our penalty for absences was repealed in 1978. Councilman Cameron made a motion to reject the leave of absence. He added that the City has a lot of important business coming up such as the PBA contract, the budget, etc. If a person is unable to serve he should resign. Councilman Asting seconded the motion. u o Councilman Asting said that the refusal, for whatever reason, by Council members to attend meetings shows a lack of concern for the responsibilities of the office and a disregard for the func- tioning of the City. Council members chose to serve and they are fully aware of the benefits they receive and the responsibilities they must assume. If a Council member cannot perform his duties because of ill health or other reasons for a prolonged period of time, then he should resign. He added that there was no doctor's certificate attached to Mayor Christy's letter about a medical leave of absence. Mayor Christy has failed to fully attend 6 meetings and Councilman Ledbetter has missed 7 meetings. Indications are that they will both miss at least 6 to 8 more meetings. Councilman Asting made a motion that the Council authorize an Ordinance stating that no member of the City Council shall be absent from more than three (3) consecutive meetings. In addi- tion to the foregoing a majority vote by a quorum of Council members present may authorize one (1) additional absence, if in their opinion the absence is warranted. Absences in excess of the above for whatever reason, shall not be tolerated. Failure to comply with this provision shall operate to vacate that member's seat. The judgment" of a majority of Council members present, considering the matter, shall rule. The forfeiture of pay and benefits for Council absences will be a matter of Council decision. Councilman Cameron withdrew his motion. Councilman Asting withdrew his second. Councilman Cameron seconded the motion made by Councilman Asting. Mr. Witzig spoke to the Council and requested that a letter be read concerning the possible solution to this problem. The City Clerk read the letter from Mr. Witzig which suggested that possibly alternates could be elected for Council members to take their place in case of absences. Mr. Woods said that he did not know of any city that has alternate Council members. It could be in conflict with the Home Rule Powers Act. Unfortunately, and against his advice, the penalty for absences was removed from the charter several years ago. It is possible that the appointment of a City Manager could alleviate this problem but that would be up to the Council. However, at this time the city faces a real dilemma if any of the other Council members were not able to attend. Mr. Henderson spoke to the Council and asked that the motion be repeated. Councilman Asting repeated his motion. Mr. Henderson said that he believed both Mr. Ledbetter and Mayor Christy hoped to resume their duties shortly but they both have histories of heart trouble. There was no intention to divide the city when questions were raised about the charter. He is not sure that the Council can change the charter in this manner. He hopes that the Council can get back to business and not continue to have these problems. Councilman Asting asked Mr. Henderson's opinion about these pro- longed absences. Mr. Henderson said that he realized these absences caused problems. If a person is absent without cause he could be considered derelict in his duties but temporary health problems should not be a reason for removing a Council member. (The floor microphone was not working properly and much of the conversation is not clearly audible.) 2 ~ o Ib Mr. Millard told the Council he believes that the people should elect their own representatives. Mrs. Webber told the Council that when she was a Councilwoman she had an accident and was absent from Council meetings for about 5 weeks. If the proposed o~di'nance had been in effect at that time she would have been off the Council. Mr. Lodico spoke to the Council concerning the possibility that the city could have a Council where two elected officials were responsible for appointing three additional members. Mr. Williams told the Council he believed we needed an ordinance limiting absences. Mrs. Hoffman also agreed that absences should be limited. Upon roll call the motion for an ordinance limiting absences from Council meetings CARRIED 3-0. Vice-Mayor Rotundo asked if the Council wished to take any action on the letter from Mayor Christy? Councilman Asting made a motion that the Council reject the request from the Mayor for a medical leave of absence. It is not even accompanied by a doctor's statement. Councilman Cameron seconded the motion adding that if the Mayor has already missed seven (7) meetings already and intends to be absent for an additional eight (8) and he cannot perform his duties, he would like to ask him for his resignation. Upon roll call the motion to reject Mayor's letter CARRIED 3-0. The City Clerk told the Council that the Fire Chief Dave Severance would like to talk to the Council concerning some purchases for the Fire Department. Fire Chief Severance toldlthe Council that the Fire Department would like permission to purchase a new type of Scott Air Pack. This air pack would allow a fireman to talk directly to another fireman even inside burning buildings and would greatly improve communication between the firefighters which is extremely important. This air pack would cost about $1,047. There is money available in the Fire Department budget. Councilman Asting made a motion that the Fire Department be authorized to purchase an air pack on a trial basis. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Fire Chief Severance told the Council that due to the extremely dry conditions in the area he has issued a joint notice with the County Fire Marshall placing a ban on all burning within the Greater Edgewater Fire District. He would appreciate it if the city would notify the local news media as well as radio and television stations. The City Clerk read a letter from Earl Copeland, Supervisor of the Street Department concerning permission from the Council to have the Street Department clean up and mow the median on Indian River Blvd. This is County property but the County does not have the manpower to do this and the area is badly in need of clearing and mowing. Councilman Cameron made a motion that the Council authorize the Street Department to clean up the median on Indian River Blvd. and mow the area. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. - 3 - v o The City Clerk read a letter from Magnuson Corporation requesting Council action on Res. 80-R-156 which stated Council's intent to vacate a portion of Evergreen Drive. The letter pointed out a Florida Supreme Court ruling that stated a city had no power to sell or barter a city street. Mr. Woods said that Magnuson Corporation were correct about bartering or selling a street and the Council should take action to either approve or disapprove the vacating of this property. Councilman Asting made a motion to grant the vacation. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Merit Board requesting a meeting with the City Council to review the Employee Information Guide. Mr. Herget told the Council that this guide is composed of various information from the city ordinances regarding employees benefits, vacations, sick pay, etc. It has been prepared for the use of new employees and also other employees who may not be aware of all the regulations. He suggested that the Council authorize him to review the guide and report to the Council. There may not be a need for a workshop. Councilman Asting made a motion that the Council accept the recommenda- tion of the City Clerk and authorize him to review this guide and report to the Council. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Building Offt~ial~concen~iDg the Driscoll property. Mr. Murphy stated that the driveway and slab were legal. The carport was installed without a permit and he advised Mrs. Driscoll she would need a variance to be allowed to keep the carport. This letter was for Council information only no action was taken. The City Clerk read a letter from the Building Official requesting that the Council consider placing a minimum on building permits to eliminate the necessity of processing and inspecting jobs that only require a $5.00 permit charge. Councilman Asting made a motion that the Council accept the re- commendation of the Building Official and authorize the attorney to prepare an ordinance setting a minimum value for the requirement to get a permit except for fences. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from William Phinney, 9 Pinesedge Court, requesting that the Council consider appointing him as a member of the Zoning Board. Councilman Cameron made a motion that the Council appoint Mr. Phinney to the Zoning Board. Councilman Asting seconded the motion. Mrs. Opal asked the Council why Mr. Opal was removed from the Board. She added that they took Mr. Opal off the Board because he was with Christy. He was not with Christy, he was for what was right. Vice-Mayor Rotundo said that Mr. Opal knew why he had been removed from the Board. Mrs. Opal said they were liars. 4 Q o 2a Mr. Opal spoke to the Council saying that the Council had violated his civil rights in removing him from the board. He added that there was a time when they tried to get three members off the Zoning Board but it did not work. Now they say he was removed be- cause he was associated with Christy. Councilman Asting said that Mr. Opal had been disruptive at meetings. Mr. and Mrs.-Opal continued to argue loudly with the Council. Vice-Mayor Rotundo asked Mr. and Mrs. 'Opal to sit down and be quiet. Mr. and Mrs. Opal refused to sit down and continued their argument. Vice-Mayor Rotundo asked Chief Baugh to escort Mr. and Mrs. Opal from the meeting. Upon roll call the motion to appoint Mr. Phinney to the Zoning Board CARRIED 3-0. Mr. Phinney told the audience that he hoped this disturbance at the Council meeting would not reflect on him. He plans to work very hard for the citizens and the Council. The City Clerk read a letter from Mr. Edward Pilch,1848 Queen Palm, requesting that the Council consider appointing him to the Building Code Board. Councilman Asting made a motion to appoint Mr. Pilch to the Building Code Board. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from Briley, Wild and Associates concerning deficiencies of the paving at the Wildwood Subdivision. Briley, Wild recommended that the developer, Frank Hall, have an independent laboratory take coring tests. Once the test results are known an appropriate alternative can be formulated. Mr. Hall spoke to the Council and told them that the tests had already been done and Briley, Wild had the results. He has offered to post a $27,000 cash bond to assure that the paving is repaired properly. He would like the City Attorney to contact Briley, Wild in regards to this solution to the problem. Mr. Woods said that he did not find out anything wrong with this suggestion. If the Council authorizes it, he can talk with Briley, Wild and see if this is acceptable to them with the posting of the cash bond that Mr. Hall will comply with the requirements that Briley, Wild has established. Councilman Asting made a motion that the City Attorney be authorized to contact Briley, Wild concerning this matter and work out the details of the cash bond. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from Mr. Maywalt complimenting the city on their fine recreational facilities at the Park and Pier. Our Lady Star of the Sea had a picnic there and he wanted to commend city employees Susan Wadsworth and Al Blazi for their cooperation in making the picnic such a success. This was for Council information only. The City Clerk read a letter to the City Council regarding the submittal of new signature cards to Southeast Bank along with the authorized signatories for the City's accounts. The signatories should be Mayor, Vice-Mayor, Acting Mayor, City Clerk and Deputy City Clerk. We have been unable to get the Mayor's signature and the City Clerk is requesting that the Council take some action on this. We need also to send a letter to the bank stating who the new signatories will be. 5 ~ o Councilman Asting made a motion that the Council authorize a letter to the bank designating the signatories for the city's accounts. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter recommending that the $50,000 certificates of deposit be placed in a regular savings account. The city would receive the same interest and there would be no penalty for early withdrawal. Councilman Asting made a motion that the Council authorize placing the $50,000 certificates of deposit in a savings account provided the interest is the same. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a report to the Council on the dismantling and repair of the walkway over the Gabordy Canal. The Edgewater Street Department, with the authorization of the Council, had assisted New Smyrna Beach in the dismantling of the walkway but had not been involved in the repair work. However, New Smyrna Beach was under the opinion that Edgewater would share the cost of rebuilding this walkway because Mayor Christy had stated that he was sure the Edgewater Council would approve the rebuilding of the walkway. The Edgewater Council was not presented with a request to help with the rebuilding of the bridge. The City Clerk recommended to the Council that since citizens of Edgewater will use this bridge it might be advisable for the Council to share the cost of the repairs. The City Clerk added that the money to pay for this could come from the Street Department. We have ~ot yet received a bill from New Smyrna Beach but he hopes it will not be for more than $1500. Councilman Asting said that this matter should have come to the Council and they should have had an opportunity to vote on it. Councilman Asting made a motion that the ment for half of the bridge if the funds will benefit the citizens of Edgewater. the motion for discussion. Council authorize the pay- are available since it Councilman Cameron seconded Councilman Cameron said that Mayor Christy had originally told the Council that the bridge should be demolished because it was a safety hazard. He (Councilman Cameron) has no objection to repairing the bridge or sharing the cost but this should have been handled very differently and no one member of the Council has the right to make a decision for the rest of the Council. Upon roll call the motion to share the cost of the walkway over the Gabordy Canal CARRIED 2-1. Councilman Cameron voted NO. The City Clerk read a letter which contains the response to the Department of Community Affairs objections to some elements in the Comprehensive Plan. There were seven objections and all of them have been satisfactorily explained or corrected. The Council needs to authorize the Vice-Mayor to sign this letter as part of the procedure of adoption of the comprehensive plan. 2b Councilman Asting made a motion that the Council authorize the Vice Mayor to sign this letter for the Council. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Vice-Mayor Rotundo called a brief recess. Meeting called back to order. COORDINATORS REPORTS Vice-Mayor - No report. Councilman Cameron asked that a letter from Donnie Williams, 115 N. Riverside Drive, be read into the record. The letter along with ~ resume was read into the record. Mr. Williams has expressed a desire to be appointed to the Planning Board. 6 (.) o Councilman Cameron made a motion that Mr. Donnie Williams be appointed to the Planning Board to serve the unexpired term of Mr. Griffith. Councilman Asting seconded the motion. City Clerk Herget reminded the Council that they had decided to appoint people to the boards for a regular term not to fill any unexpired terms. Councilman Cameron amended his motion to just appoint Mr. Williams to the Planning Board. Councilman Asting seconded the amendment. Upon roll call the motion CARRIED 3-0. Councilman Cameron asked the City Attorney if he had had any success in obtaining some property for the new well. Mr. Woods said that with everything that had been going on he has not been able to pursue this in detail. They had talked to Mrs. Massey and examined the land she owns and they also were considering property across the street. Councilman Cameron said that the city was using an increasing amount of water and it might be necessary to place a building moratorium on new construction in the city if we do not get another source of water in the near future. Mr. Bill Feeney, Supervisor of the Water Plant, spoke to the Council concerning the need for this additional well. This is a priority item. He discussed the problem in Florida Shores and the plan to run an additional main transmission line. He added that Mr. Terry Wadsworth was working with him on getting the cost estimates for this additional line and they would both report back to Council at the next meeting to give them more information on this. Mr. Witzig spoke to the Council concerning the possibility of putting a moratorium on additional water hookups in Florida Shores until these new lines are laid. 3a Councilman Cameron asked ther:CiitY!JClerk if,!ther.e':wepe.:fiunds available to get something done to improve the':sound system at meetings. The City Clerk requested permission to speak to the Supervisor of Parks and Recreation concerning one of the employees that is knowledgeable about amplifier systems. He would like this employee to check over the system and see what can be done to get it fixed. Councilman Asting said that the City Clerk should look into this ma~ter and try to get the loud speaker system fixed. Councilman Asting asked if the scanner had been paid for? Mr. Herget said that it had been paid for. Councilman Asting said that he has read the purchasing manual and it is an excellent guide. Councilman Asting made a motion that the Council adopt the Purchasing Manual for a guide to purchases made by the City. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Asting told the Council that some reporters have been freely interviewing the various clerical personnel during working hours at City Hall and this upsets the administrative work load. He feels the work should continue in an orderly manner and also that correct information is disseminated to the press. Councilman Asting made a motion that between 9 and 10 a.m. of each working day members of the news media may meet with the City Clerk for information they may desire concerning the public business. These interviews shall be held in the Clerk's office or other place so designated. The City Clerk may name an alternate spokesman in the event he is not availa~lG. Councilman Cameron seconded the motion. 7 o o Councilman Cameron said that he had observed the reporters wandering around City Hall and it does interrupt the work of the employees. He thinks this is a good suggestion by Mr. Asting. Dan Casale, Editor of News and Observer, questioned the Council as to what they mean by this motion~ Councilman Asting said that they were setting a time when the City Clerk would be available for news information. There was a rather lengthy discussion concerning the motion made by Councilman Asting~ Upon roll call the motion CARRIED 3-0. City Attorney no report. City Clerk Joseph Herget told ,the Council that the Pilot Club had requested the use of the Community Center again th'is year for their annual antique show. He would need Council authorization to sign the contract with the Pilot Club. Councilman Cameron made a motion that the Council authorize the City Clerk to sign the agreement with the Pilot Club to use the Community Center provided it does not interfere with Council meetings. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. Mr. Herget told the Council that he would have a report for them next week on the telephone system proposals. Also, he has not received all the resumes from the Councilmen that the Council had requested and when he received them what did the Council want him to do with them. Councilman Asting said that they should be kept on record for any citizen to read. Councilman Cameron asked the City Attorney if the Council could make the other Councilmen submit a resume. Mr. Woods said that there was no way the Council could make the other Councilmen submit a resume. Councilman Cameron said the other Council members should cooperate, unless they are trying to hide something. If they are not trying to hide something they should put in a resume. RESOLUTIONS The City Attorney read Resolution 80-R-I62. A RESOLUTION GRANTING A VARIANCE TO EDWARD T. DRISCOLL AND PATRICIA DRISCOLL ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. ORDINANCES The City Attorney read Ordinance No. 80-0-47. (Second reading) AN ORDINANCE AMENDING SECTION 602.02 (a), RIA SINGLE FAMILY RESIDEN- TIAL DISTRICT, BY DELETING FROM SAID SECTION "0NE STORY"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 8 . . (.) (,) Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Cameron seconded the motion. Mr. Ken Millard, Riverside Drive, told the Council that on April 28, 1980, the Council rejected this ordinance. Article Xl of Ordinance 880 specifically 1102 and 1105 state that any rezoning that is denied cannot be considered again for a period of one (1) year. If the Council adopts this ordinance they are in violation of Ord. 880. Councilman Asting said that this ordinance was not rejected it was a standoff at a 2-2 vote. Mr. Woods said that he can see no violation. We had a first reading and this is the second reading. Upon roll call the motion CARRIED 3-0. The City Attorney read Ordinance 80-0-52. (Second Reading) AN ORDINANCE ESTABLISHING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO BE ENTITLED IIVEHICLES FOR HIREII. PROVIDING FOR THE QUALIFICATIONS, REGULATING CONTROL AND RESTRIC- TIONS OF TAXI CAB OWNERS AND OPERATORS WITHIN THE CITY LIMITS OF- EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilman Asting made a motion to adopt this Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Attorney read Ordinance 80-0-59. (Second Reading) AN ORDINANCE AMENDING SECTION 715.00, 715.01, 715.02, 715.03, 715.04 and 716.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; FOR THE PURPOSES OF CLARIFYING THE WORDING IN SAID SECTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AD- VERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. The City Attorney read Ordinance 80-0-60. (Second Reading) AN ORDINANCE GRANTING A CHANGE IN ZONING ON CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA NOW OWNED BY FRANK HALL FROM ITS PRESENT ZONING CLASSIFICATION OF R2A TO B-2; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. OLD BUSINESS None AUDIENCE MISCELLANEOUS Mr. Buddy Witzig, Unity Tree Drive, spoke to the Council about the poor condition of the roads in Florida Shores area. Vice-Mayor Rotundo said that he agreed with Mr. Witzig. However, the Coordinator of the Street Department is not present and it is up to Mr. Copeland, Supervisor ,of the Street Department, to take care of this and he really has his hands full right now. but he will get with Mr. Copeland and see that something is done about grading these roads. Mr. Lodico told the Council that he wears over $900 worth of hearing aid equipment and he still cannot hear the Council members. He hopes something is done about the sound system soon. 9 . ~. .;.... '-J o NEW BUSINESS None Vice-Mayor reminded the audience that there was a Council Workshop tomorrow night (Tuesday, June 17, 1980) at 6:00 P.M. in City Hall. The Workshop is to discuss the Water/Wastewater Budget and he would like the discussion of tha position of City Manager added to the agenda for the Workshop. Councilman Cameron made a motion to adjourn the meeting. Councilman Asting seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~ ~"~ f1~&<- (]){/~)fj dR&Ak~ .. e llman' /rJ -.' ....... ~ ~?/ i _r-)/l~ "iY {I ~ /'1~L~./> t:i>- ~councilmari ~ ~ST: . tlcrf/~/,/ Ju~4 Councilman / q--tL\ / APPROVED THIS ~ DAY OF JUNE, 1980. - 10 -