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09-11-1978 - Regular . ~~ Q o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING September 11, 1978 Mayor Christy 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 Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a brief silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Shell made a motion that the Council approve the minutes of the Public Hearing and Regular Meeting of August 28, 1978. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Dietz made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. PROCLAMATIONS The City Clerk read two proclamations. The first proclamation was to declare National Executive Housekeepers Week. The second proclamation was to declare Edgewater Square Dance Week. Mayor Christy signed both proclamations. COMMUNICATIONS The City Clerk read a letter from Briley, Wild and Associates concerning the certification of their laboratory to test drinking water. This was for Council information only. The City Clerk read a letter from the Zoning Board requesting that the Council issue a moratorium on subdivisions, not approved by the City, until a new subdivision ordinance can be submitted for Council approval. The City Attorney said he believed the City was protected by Florida Statute 177 that sets forth requirements that must be met before a subdivision can be set up. Councilman Dietz made a motion that the Council send a letter to the Zoning Board informing them that the City is protected under Statute 177 and that a moratorium is not neces~ary at this time. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. u o The City Clerk read a letter from VCOG concerning meetings. This was for Council information. The City Clerk read a letter from May, Zima concerning audit of grant No. 04-51-20478. Mrs. Blackwell said that we have to have this audit and a letter signed by the accounting firm before we can get the rest of the money for this grant. Councilman Sikes made a motion that we engage May, Zima to prepare this audit. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a report from Charles Murphy, Building Official, and also Mr. Murphy's bill. Councilman Dietz made a motion that the Council approve this bill for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Briley, Wild and Associates concerning their Comprehensive Planning Program work schedule. Mrs. Blackwell said that the City Planner had informed her that this work schedule should be approved by the Planning Board before recommendations can be made to the Council. The City Clerk read a letter from the Board of Adjustments regarding Mr. Jerry Fenske1s retirement from the Board.. Councilman Sikes made a motion that the Council write to Mr. Fenske commending him for his service and expressing appreciation for all the work he. has done. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Planning Board requesting a member of the Council and an alternate be appointed to serve on the Citizen's Advisory Council. Councilman Dietz made a motion that the Planning Board should m a k e t his a p.p 0 i n t men t . Co u n c i 1 man S he 11 s e con de d t he mot ion. Upon roll call .the motion CARRIED 5-0. The City Clerk read a letter from the Clerk of the Circuit Court concerning a quit claim deed from the City for a strip of land lying easterly of Riverside Drive opposite Lots 11 and 12 Block C, Yelcka Terrace subdivision owned by Mr. Howard J. Ka ne. Councilman Dietz made a motion that the Council instruct the City Attorney to draw up the necessary papers to give quit claim deed to that property. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo had no report. Councilman Shell had no report. Councilman Sikes had no report. Councilman Dietz said that we have to purchase valves and fittings for the lines that the Water Department is installing. They will cost about $6,000. He made a motion that the Council go out for bids that should be back by 4:00 P.M. September 22, 1978. Councilman Sikes seconded the motion. Upon roll call. the motion CARRIED 5-0. 2 o o Councilman Dietz also called attention to a report that he had received concerning legal action that had been brought against a Water Department for preparation of fraudulant reports to the EPA. He reminded the Council that they are responsible for illegal actions of City employees ,committed on the job, and that all departments should be careful about who they hire.. We have been very fortunate in our selection of employees so far. Mrs. Blackwell reported that the City will have three people from May, Zima working on audit so we can convert accounts payable, etc. for new fiscal year. Also Mr. Weeks, Mr. Shell and Mr. Ledbetter have declared as candidates for Zone 2 and Mr. Asting has declared as a candidate for Zone 4. The deadline for Councilman candidates is September 28, 1978. She also reminded the Council and the audience of the first primary tomorrow. Mayor Christy asked the Council to consider adopting a resolution requesting the return of municipal courts. The City Clerk read Resolution No. 814 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA TO REESTABLISH MUNICIPAL COURTS. Councilman Dietz made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Diamond, City Planner, gave a brief report on the bicycle path. The City has received the utility permit for the bike path. The County will be sending us the details. Councilman Shell and the Street Department has the necessary information as to the progress so far. Mayor Christy told the Council that we have received permission to hire all the CETA employees we requested. There was an announcement about the Hughes exposition in Orlando. The Mayor hoped that some of the Council would be able to attend. Mayor Christy also brought up the request from the an area women's organization, made last March, for support of a county wide women's organization. The Council did not feel that their support was necessary. Mayor Christy called a ten minute break. The meeting was called back to order. ORDINANCES The City Attorney read Ordinance No. 1020 (second reading) AN ORDINANCE APPROPRIATING $74,355.04 IN FEDERAL REVENUE SHARING FUNDS FOR THE TENTH ENTITLEMENT PERIOD AND OTHER UNAPPROPRIATED FEDERAL REVENUE SHARING FUNDS FROM THE NINTH ENTITLEMENT PERIOD FOR CAPITAL IMPROVEMENTS IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. I Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. R~c 1-~.i; 3 o o The City Attorney read the following Ordinances (first reading) Ordinance No. 1023 AN ORDINANCE AMENDING SECTION 10-17 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY DELETING PARAGRAPHS (c), (d), AND (e) OF SECTION 10-17: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney said that this Ordinance was authorized at the request of the Fire Department to limit them to responding to calls within the City limits except in case of a call for mutual aid. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo read a letter from the Fire Department expressing their regret at having to take this action. This letter will be publicized in the local newspapers. Mr. Rotundo also stated that a member of the County Council had expressed a desire to resume negotiations on the Fire District. He will report back to the City Council on this. Ordinance No. 1024 AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS IN THE R-l, R-IA, R-2 and R-3 ZeNiN~ DISTRICTS IN THE CITY OF EDGEWATER, FLORIDA, EXCLUDING THAT AREA OF THE CITY KNOWN AS FLORIDA SHORES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 1025 AN ORDINANCE AMENDING THE OPERATION AND MAINTENANCE BUDGET FOR THE 1977-78 FISCAL YEAR BY INCREASING THE BUDGET BY $50,000.00: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council declare this ordinance an emergency and pass it on the first reading. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the Council adopt this Ordinance No. 1025. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 1026 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, TO THE VARIOUS ITEMS OF THE WATERWORKS AND SEWER SYSTEM BUDGET: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. 4 o o Ordinance No. 1027 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, TO THE VARIOUS ITEMS OF THE CITY BUDGET: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 1028 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE GARBAGE/SOLID WASTE SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, TO THE VARIOUS ITEMS OF THE GARBAGE/ SOLID WASTE SYSTEM BUDGET: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk will advertise these ordinances as required by law. OLD BUSINESS The City Attorney reminded the City Council that they have been holding back funds from the garbage contract for trailer park pickups pending improvement of the service. He has received a request from the attorneys for Tomoka Refuse that these funds be paid. Chief Baugh reported to the Council that complaints have been reduced but that pickups are often late due to breakdowns and the fact that most of the time there is only one truck making the pickups. Councilman Dietz made a motion that the Council instruct the City Attorney to .inform Tomoka Refuse that service in the City of Edgewater is not per contract and until service is improved, we do not want to discuss the monies withheld. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk informed the Council that Tomoka Refuse is interested in the City trucks that were formerly used for trash pickup. Councilman Shell said we should probably sell these trucks. Councilman Sikes said he felt that we should have a backup in case the City ever had to go back into picking up the trash. Councilman Dietz suggested that we notify Tomoka that we are not interested in selling these trucks at this time. The City Clerk told the Council she had forgotten to mention that there had been a Safety Inspector checking out City facilities last week. The inspector found only two minor problems that need attention and told Mrs. Blackwell that Edgewater was in better shape, safety wise, than most cities. 5 o o The City Attorney also reminded the Council that the Teleprompter Company was waiting to find out about proposed changes in Ord. 663. Councilman Dietz made a motion that this be taken up at a special meeting and that the Council postpone setting a date until next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk told the Council that there has been a great deal of interest in what the answer is on who will be able to vote on the referendum questions particularly the one on Florida Shores. We need to clarify this and have the referendum questions ready by September 25, 1978. The Council discussed the question of paving and sewers in Florida Shores. The City Attorney said he needed to do more research on setting this up for a vote by Florida Shores residents. The City Clerk said that the elections office had told her that machines could be set up for voting just by Florida Shores residents. There were questions from a number of people in the audience. These questions concerned property owners who were not residents of Florida Shores but who owned property there. Als~ there were objections from members of the audience on the combining of street paving and sewer installation, the cost of ~he project,and why the City did not pay for the street pavlng. Mr. Gross said that he wanted it in the record that Mr. Fernandez has said it will cost $11.50 ft. on each side. Mr. Asting questioned how the Council could distinguish between residents and those people who rent homes in Florida Shores. The referendum should have options. - There was a lengthy discussion about a referendum on paving and sewer installation in Florida Shores. Mr. Witzig said he had heard that a statement had been made that if the cost went over the estimate the City would pick up the overage. Mr. Glaser suggested the City investigate alternatives to street paving such as possible dust control. The City Attorney will report back to the Council on the voting questions. The City Attorney told the Council that he had discussed the problem of rezoning the Bartholomew property with the Zoning Board. There did not seem to be any way this property could be rezoned for use by trailers. Mrs. Nichols spoke to the Council and said that the original request for rezoning had been made a year ago. She questioned why it had taken so long to finally reach a decision on this property. Mr. Murphy, Building Inspector, said that he believed a house could be built on that property. It is in R-3 and there is enough footage. Councilman Sikes made a motion that the Council on the advise of the City Attorney should deny the request to rezone this property for use by trailers. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 6 o o NEW BUSINESS The City Clerk informed the Council that she had received bids for pipe from Davis Co., Hughes, B & H& Southeastern. Councilman Dietz made a motion that the Council table any action on these bids until they have been checked,as to specifications, by the Director of Public Works (Mr. Kuyk). Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Tobler Co., requesting a contract to pick up trash in Florida Shores. The City Attorney said that we could not contract with another company. We would be in violation of our contract with Tomoka Refuse. The City Clerk informed the Council that Mr. Arthur Smith, Sr. had applied for an occupational license for a cab company. He would have one cab and would use his home telephone to take calls on. The Council discussed this and decided that before they could consider this application, Mr. Smith would have to have meet necessary State and County regulations for this type of business. This will be tabled until Mr. Smith meets necessary qualifications. The City Clerk read a letter from Paul Leoffler, Building Department. requesting a salary raise and other benefits. Mayor Christy said that the City has a contract with Charles Murphy and that Mr. Leoffler would have to discuss his requests with Mr. Murphy. The City could not take any action on this. Mayor Christy spoke to the Council about resolutions passed by other cities about municipal annexation. A resolution from Orange City on this question was given to the Council. Councilman Shell Councilman Dietz Sue Blackwell Nancy Blazi MINUTES TAKEN BY: Counc' m .r ;. . J ( (') CouncTlman ATTEST: ~~~ /C 1 t Y C e r k Mayor 7