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08-14-1978 - Regular ~ ~ ----- ~ u ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING August 14, 1978 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the 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 The invocation was given by Rev. Higgs SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of August 7, 1978. Councilman Dietz seconded the motion. Jim Nichols, Coordinator for Civil Defense said he felt the minutes were in error in1regard to the letter he wtote to the Council. The Council voted to approve the minutes as read 5-0. BILLS AND ACCOUNTS Councilman Shell made a motion that the Council approve the bills for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from Mrs. Martha Rich, 342 Pleasant Ave., Edgewater regarding water meters. Mrs. Rich wanted to know how many new meters have been put in and how could Mr. Dietz say the meters were not working. Councilman Dietz explained to Mrs. Rich that he does not order new meters. The Water Dept. decides who needs new meters. The meters are supposed to last from 5 to 10 years depending on maintenance. If there is a noticeable change in a water bill, the Water Department usually requests a new meter be installed to ensure proper accounting of the amount of water used. There have been about 155 new meters installed in Zone 1. New meters are being installed in other parts of the city but the work is not completed due to the demand for water installation in new homes. / o o The City Clerk read a letter from Mrs. Coleen Foster regarding her desire to resign from the Board of Governors. Councilman Sikes made a motion to table this until next week and authorize the City Clerk to talk to Mrs. Foster about her reason for wishing to resign. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Charles Hall, Attorney for Mr. Cameron regarding the Virginia Street sewer connection. Mr. Cameron spoke to the Council and told them that he had gone to great expense to connect to the sewer and he does not feel that he should have to pay a front foot assessment when and if sewer lines are run on Virginia St. Councilman Dietz said that the City is interested in protecting any future owner of the property and wants to be sure that any buyer will be made aware of the necessity of hooking up to the sewer line and paying a front foot assessment. Also/ it is necessary to grant an easement onto the property for any future maintenance of sewer lines. The City engineers Briley, Wild had notified Mr. Dietz that the City had two possible alternatives to this problem. One would be to not issue a building permit for that lot located on the southeast corner of Virginia and Riverside intersection until such time as an easement was granted to the owner of the lot immediately east of lots described. This would insure that the owner of thehouse, that is connected to the sewer on Riverside Drive via a line across the corner lot, may maintain his sewer service line. The second alternative would be to install the sewer line on Virginia Ave. as designed and approved by DER, collect the assessed value for construction, and make all oarties hook up on Virginia. The existing hook-up could be treated as a temporary one until the line on Virginia is installed as approved by DER. There was a lengthy discussion aboutrthis problem. Mr. Murphy, Building Official, said that a permit had already been issued for the lot on the southeast corner. The City Attorney said that the City could revoke the permit. Councilman Sikes made a motion that the Council turn this over to the City Attorney according to the recommendation of the City Engineers to secure an easement or a moratorium on building on this property. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. The City.Clerk read.a letter from Mr. Dunn, Attorney for Teleprompter Corporatlon, regardlng proposed change in ordinance for cable service in Edgewater. Co~ncilman Dietz said that the Council should have time to study thlS proposal. He made a motion that this be tabled until after the budget hearings and PBA negotiations when the Council will have more time to devote to this proposal. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Amato regarding property on Park Ave. and a request from the City for permission to install a drainage pipe on the property. Mayor Christy will contact the Mosquito Control and answer Mr. Amato's letter. The City ~lerk read a.memo from the Planning Board informing the.Councll of a meetlng on August 23 concerning the 701 Planning Asslstance Program. The Council is invited to attend. .~ \ 2 j o o At the request of the DER, the City Clerk read into the record an application from Mr. Gordon Akeley (File No. 64-9084-4E) to install riprap seawall to stabilize shoreline and prevent erosion from waves caused by boat traffic on Intracoastal Water- way. Toe of riprap will be 5 feet landward of mean high water line. All construction, grading, and backfilling will be land- ward of mean high water line. All vegetation and bottoms waterward of mean high water line will be left unaltered. Waterward property line as shown on drawing does not extend into vegetational zone. The Clerk also read the biophysical features report (per attached copy). Councilman Dietz made a motion that the Council approve this application if it meets all State and County laws and to notify the DER that this would be an improvement for the City of Edgewater. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Assistant Finance Director of Volusia County regarding the certified millage and taxable value. This was for Council information. The City Clerk read two letters from EVER requesting funds for course reimbursement ($45.00) training manuals (98.04) and subscription to training journal ($24.00). Councilman Dietz made a motion that the Council approve these requests for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a 10 minute recess. Mayor Christy called the meeting back to order. COORDINATORS REPORTS Councilman Rotundo had no report to make at this time. Councilman Shell called the Council's attention to a State vehicle sale where the City might possibly pick up a tractor and mower. There is no money in the budget at this time. Councilman Sikes requested that the budget hearings be changed from 7:30 to 6:30 tomorrow night. Councilman Dietz said that the engineers had recommended that the City install an Electrolock voltage surge suppressor to protect electrical equipment, primarily at the water/wastewater plants. He had received a cost estimate from Mr. Angelus who deals in these products. He made a motion that the Council enter into an agreement to buy the necessary Electrolock equip- ment and a maintenance contract as recommended by Briley, Wild. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the City go out for bids for 3700 feet of 12" pipe. Bids should be returned by September 8, 1978 at 4:00 P.M. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz asked about the possible subdivision being planned on Mango Tree and 16th. According to Building Official there has been no plat submitted. This should be investigated before any more lots are sold and the City finds itself responsible for utility development. The City Attorney will look into this and report back to the Council. 3 ~ o o Councilman Dietz said that he had been informed by a local newspaper that they had received some anonymous phone calls concerning Mr. Kuyk. Whoever was calling made serious accusa- tions concerning Mr. Kuyk's character and personal life. Councilman Dietz made a motion that the Council authorize the City Attorney to contact the State Attorney for a full investigation into this matter and if possible to find out who the callers are and to prosecute them to the fullest extent of the law. Councilman Sikes seconded the motion. Mrs. Rich said that Mr. Kuyk was not yet on the City payroll and that the motion was out of order. Mrs. Murphy said she felt people were entitled to notify the press concerning matters of local concern and that it was not necessary to identify themselves. Mrs. Woodard said there were obviously a lot of people upset by the rehiring of Mr. Kuyk. She wanted the names of the other men who were interviewed for this job. She claimed to have been publically insulted by city officials and felt that if the Council was trying to protect an employee they should also be concerned with protecting the public. The City Attorney said that he would do whatever the Council authorized but that public criticism is often anonymous and is part of se~ving in a public position. Upon roll call the motion DID NOT CARRY 2-3. Councilman Dietz and Councilman Sikes voted YES. Mayor Christy spoke about the CETA personnel. It is necessary for him to present our proposal to CETA. The Council discussed the positions that need to be filled. They finally decided on 15 CETA positions. Mayor Christy also spoke about the tennis courts. He does not feel the money donated by the Chamber of Commerce for the resurfacing of the courts should be spent until there is some protection built around the courts to prevent the sand from blowing onto the courts and damaging the surface. It was decided to hold any decision on this until the budget hearings. It may be possible to appropriate some money for this project before the court is resurfaced. There has been no response from the City of New Smyrna Beach regarding the bus service. At the request of the Council the agenda was changed at this point to permit the second reading of Ordinance 1017. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REQUIRING THE USE OF A LATERAL SYSTEM FOR SEPTIC TANK DRAIN FIELD SYSTEMS /~ IN ACCORDANCE WITH CHAPTER 10D-q OF THE FLORIDA ADMINISTRATIVE CODE: REQUIRING THE USE OF SPECIFIED PIPE IN SAID DRAIN FIELD SYSTEM: AUTHORIZING THE BUILDING INSPECTOR TO GRANT VARIANCES FROM THE USE OF THE LATERAL SYSTEM IN HIS DISCRETION: REQUIRING A BOND OF ALL INDIVIDUALS, PARTNERSHIPS, OR CORPORATIONS ENGAGED IN THE INSTALLATION OF SEPTIC TANKS AND DRAIN FIELDS IN THE CITY OF EDGEWATER: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. 4 o o Mr. Creach, a representative of Godawa Co., spoke to the Council concerning this ordinance. It was his opinion that most of the trees on property would have to be removed if the lateral system was used. He presented to the Council suggestions for improved septic tank installation and copies of a study he had made concerning the special problem in the Florida Shores area. There was a long discussion about the ordinance. Mr. Griffith also spoke to the Council and suggested that the Council study this proposal a little longer before making a final decision. Mr. Loomis spoke to the Council concerning his objections to this ordinance. . Upon roll call the motion to adopt Ordinance No. 1017 CARRIED 5-0. Mayor Christy called a short recess. Mayor Christy called the meeting back to order. RESOLUTIONS The City Attorney read Resolution No. 809. A RESOLUTION APPOINTING MILAN GRIFFITH TO THE EDGEWATER BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney gave the first reading of Ordinance No. 1020 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. Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney gave the first reading of Ordinance No. 1021. AN ORDINANCE APPROPRIATING THE SUM OF $60,000.00 FROM THE WATER WORKS AND SEWER SYSTEM REVENUES TO THE .WATER WORKS AND SEWER SYSTEM CAPITAL IMPROVEMENT FUND: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council declare this an emergency ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the Council adopt this ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. This ordinance was handled on an emergency basis. There will be no second reading. 5 o o The City Attorney read (second reading) Ordinance No. 1016 AN ORDINANCE REZONING LOTS 1, 2, and 3, BLOCK 3, RIVEREDGE ACRES FROM B-4 TO R-2 AND REZONING LOTS 10, 11, and 12, BLOCK 2, RIVEREDGE ACRES AND LOTS 20, 21, and 22, BLOCK 3, RIVEREDGE ACRES FROM B-4 to B-3: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read (second reading) Ordinance No. 1018. AN ORDINANCE AMENDING SECTIONS 4-3, 4-4, 4-5, 4-6, and 4-9 OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes said that he did0not believe this ordinance contained the suggestions the Council wanted for a change in the animal control law. Councilman Rotundo made a motion that the Council table this ordinance until they have more.chance to study it. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read (second reading) Ordinance No. 1019. AN OR DINANCE 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-1B, R-2B and R-3B ZONING DISTRICTS IN THE CITY OF EDGEWATER: CHANGING THE ZONING ON CERTAIN LOTS IN THE WEST ONE-HALF OF BLOCKS 215 THROUGH 218, INCLUSIVE FLORIDA SHORES UNIT 7 FROM R-3 TO B-2: BY CHANGING THE ZONING ON CERTAIN LOTS IN THE EAST ONE-HALF OF BLOCKS 215 THROUGH 218 INCLUSIVE FLORIDA SHORES UNIT 7 FROM R-3 TO R-4: CHANGING ZONING OF BLOCK 245 FLORIDA SHORES FROM R-4 TO B-2: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Clerk read a proposed letter to the Mayors of the Volusia County Council of Governments. The Council approved this letter for distribution. The City Clerk read a proposed letter to the County Manager informing him of proposed ordinance to limit Fire Department to City limits. The Council approved this letter for mailing. The Council discussed the subject of City Manager. Councilman Sikes said he believed the City Clerk was doing the job of a City Manager and since we have hired a Public Works Director there is no pressing need to hire a City Manager. The City does not have sufficient funds at this time. He made a motion that the Council authorize the City Clerk to notify all applicants for position of City Manager that the position will not be filled at this time. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS The City Clerk requested approval of home occupational licenses by the City Council. 6 o o Councilman Sikes made a motion that the Council approve the renewal of Mr. Cotter's license. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Shell made a motion that the Council approve the application for a carpentry license by Mr. Dever. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that he had received copies of Mr. Kuyk's Class IIBII licenses and he wanted this noted for the record. The City Clerk read a letter from Sue Rollins, Coordinator Women's Center regarding a local commission on the Status of Women, and requesting that the City Council endorse the establishment of such a commission by resolution. Councilman Rotundo made a motion that the Council table this until next week. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a certification that bids for pipe had been received from B & H Sales, Davis Meter and Supply and Hughes Supply. B & H quoted a price of $15,800.30 Hughes II II $16,573.30 Davis II II $15,630.75 Councilman Dietz made a motion that the Council split the awarding of these bids between B & H and Davis Meter and authorize the purchase of 10,000 feet of pipe from B & H (211 pipe) at .24 per ft. and the purchase of 8,000 feet of 611 pipe from Davis Meter at $1.40 per ft. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Nichols asked the Council to consider a meeting between all emergency service organizations in the City and the City Council to discuss policy and coordinating of these services. The Council will try to set a date in early September. Councilman Shell made a motion to adjourn the meeting. Dietz seconded the motion. The meeting was adjourned. :; day of ~. Ij:: MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ~:~ City Clerk Approved this August, 1978 f& 7 \.