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07-17-1978 - Regular ~ , . o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 17, 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 Excused Excused Present Present Present Present Present INVOCATION There was a minute of silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the July 10, 1978 Public Hearing and Regular Meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS City Clerk Sue Blackwell said there was an addition to the W/WW bills of $56.00 for mileage for Mr. Joseph Smith. Councilman Dietz made a motion that the Council approve the bills as amended. Councilman Sikes seconded the motion. COMMUNICATIONS / The City Clerk read a letter from the Department of Community Affairs concerning the proposed 701 contract. Councilman Dietz made a motion that the Council table this until next week so that the City Attorney can study the contract and report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a memo from the Zoning Board requesting confirmation that the upgrading of square footage in the City of Edgewater, excluding Florida Shores, had been properly advertised and with a subsequent public hearing. The City Attorney said that he would acknowledge a mistake in writing the ordinance. It will be necessary to rewrite the ordinance for Florida Shores only. The Council will have to take the necessary steps to change the square footage in the rest of the City. Councilman Dietz said they should wait until they have an answer to the memo the Council sent to the Zoning Board concerning upgrading square footage in R-1, R-1A, R-2 and R-3. This was discussed at the public hearings. o Q The City Clerk read another memo from the Zoning Board requesting that the 'Building Official check possible zoning irregularities. One is a trailer behind Coronado Paint being used as an office building. The other is Belmont Homes, model home on India Palm and Indian River Blvd. that is being used as a place of business in a residential zone. The Council tabled this until Mr. Murphy can report to them on these questions from the Zoning Board. The City Clerk read a letter from Daniel Cory concerning acreage of a parcel of land west of the present water plant. Mrs. Massey owns this property and is supposed to write to the City about what she would take for this land. Mr. Sikes will contact Mrs. Massey about this. The City Clerk will ask Mr. Cory about a survey of this land. No other action was taken at this time. The City Clerk read a letter from the City of Port Orange concerning the cost of incinerating garbage. The Mayor said that he has been checking into various alternatives to the present garbage collection service in the City. He would like to meet with representatives of Tomoka Refuse to discuss their contract. Councilman Sikes made a motion that the. Council authorize the Mayor, City Attorney and Councilman Dietz to meet with representatives of Tomoka Refuse. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-0. Mayor Christy said they would have the meeting on July 21 at 2:00 P.M. in City Hall. The City Clerk read a letter from Mr. and Mrs. Cotter concerning a drainage problem in back of their trailer. The City Clerk said that this was actually a civil matter between the Cotters and the park owner. However, she had brought it to the attention of the Street Department and they were going to check it out and make recommendations as to how this situation could be corrected. The City Clerk read a letter from VCOG concerning a resolution for the 208 Water Quality Management Planning Program~1 It is necessary for the City to pass a resolution on this program before July 22, 1978. The City Attorney read Resolution No. 807. A RESOLUTION ACKNOWLEDGING THE REQUIREMENTS CONTAINED IN THE VOLUSIA COUNCIL OF GOVERNMENTS' 208 WATER QUALITY MANAGEMENT PLAN RELATED TO THE CITY OF EDGEWATER, FLORIDA AND INDICATING INTENT TO PROCEED WITH IMPLEMENTATION OF THE PLANNING PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion to adopt this Resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. 2 o o The following communications were read for Council information only: A letter from the DER concerning water distribution. Councilman Dietz said that the city engineers are preparing a 5 year plan to present to theDER. Resolution 78-79 County Council concerning buffer zones to protect Centra.l Volusia County from s~line encroachment. Councilman Dietz said this resolution was discussed at the last County Council m.eeting and there was a lot of opposition to it. He does not expect any action will be taken on this for some time. F lor i daD e pt. o.f A g r i c u 1 t u r e con c ern i n g c h a n g e sin the accounting procedures. for payment of cooperator radios. Department of Environmental Regulations concerning local government participatinn in coastal management. Dept. of Community Affairs concerning technical assistance grants. This has been turned over to City Planner to check into. Dept. Environmental Regulations concerning plans for Mockingbird Lan~. Briley, Wild Assoc. on areas for possible annexation. COORDINATORS REPORTS Councilman Sikes mentioned certain ordinances that deal with types of signs allowed in the city, junk cars and mobile homes. He said that there is evidence that these ordinances are not being enforced. The Police Dept. is responsible for enforcing the laws of the city. He asked Chief Baugh to have everyone of the patrolmen to read these ordinances and initial them so that we know the patrolmen are aware of these specific laws. Police Chief Baugh said that when the police believe there has been a zoning violation, they contact the Building Inspector to check it out. If the Building Inspector decided an ordinance has been vi~lated then the police take the necessary action. Councilman Sikes also said that Rhode Island St. needs to be more clearly marked off near Edgewater Drive. Police Chief Baugh told the Council that the traffic light lids have been fixed however, the State cannot fix the light itself because it might fall apart if they tried to straighten it. The light is scheduled to be replaced by 1980. Councilman Sikes also called attention to the fact that the bus shelters for children are in need of repair. Mayor Christy said that he planned to do this as part of the city-wide cleanup he hopes to get done if we get the extra CETA employees. Co u n c i 1 man S i k e s sa i.d t hat we s h 0 u 1 d be sur e t hat t he c i t Y wi 11 not have to pay unemployment when these employees are terminated. The City Clerk told the Council that the tax assessor's office announced that the millage will be increased. We will get some money this year. 3 o o Councilman Dietz told the Council about the meeting with the County Health Dept. concerning septic tank installation in Florida Shores. He is working with the City Attorney to draw up specifications for an ordinance that will be in excess of current State laws. The only way a contractor could deviate from this ordinance would be with permission of Building Inspector. All installers of septic tanks will have to register with the city and post a bond. Councilman Dietz also told the Council about the County Council meeting this coming Thursday. He will be there to discuss the extended fire district. There is a possibility that the city's water department may be able to loan money to the city as front money to build the fire house. The County would be obligated to pay that money back plus the interest. He has asked May, Zima to check this out and see if we can do it. Councilman Dietz also spoke about the 5 year plan for water expansion in Florida Shores. One of the criteria for this program is fire hydrants. We have to supply this city with fire hydrants. The Council will have to make up their minds as to how we are going to do this. It will cost about $50,000 to buy 100 fire hydrants. The city could invest $25,000 and the water department would invest.$25,000.' Otherwise the water department will get into a schedule of buying fire hydrants and putting them in and the amortization schedule will be based on a 50% increase of $75 per year total per fire hydrant for the city. The Council will have to decide how they want to handle this in the next budget. Mayor Christy told the Council about the Edgewater Fire De- briefing meeting. There are some problems concerning the Civil Defense Department. The Council discussed the .Civil Defense department. The Mayor stated th~t the police chief is.the communication coordinator. The Civil Defense director has suggested that possibly the Council might wish to replace him with someone they feel is more qualified but the Cou.ncil felt that Mr. Nichols is doing a good job and should continue as director. Mayor Christy called on Richard Diamond to give a brief report to the Council on annexation. Mr. Diamond said that Briley, Wild had outlined two areas that may be eligible for annexation. There should be a fiscal cross benefit survey to find out if these areas are economically advantageous for the city to proceed with the annexation which could be very costly. Councilman Dietz said that we should wait until these areas petition for annexation. We do not have the money to proceed with this now. Mayor Christy also said that the electrical system in back of City Hall needs to be fixed. It would cost about $900. He asked the City Clerk to check and see if there is money available for this. He reminded the Council that it could cost considerably more if we wait too long to have the necessary repairs made. RESOLUTIONS.~ The City Attorney read Resolution No. 804 A RESOLUTION GRANTING A SPECIAL EXCEPTION TO MILAN GRIFFITH FOR LOTS 13, 14, 15 BLOCK D, SECTION 1, HIGHLAND SHORES SUB- DIVISION IN THE CITY OF EDGEWATER, FLORIDA: 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 3-0. 4 o o The City Attorney read Resolution No. 805. A RESOLUTION GRANTING A VARIANCE TO JUL1A OLIVER FOR THE CONSTRUCTION OF A UTILITY ROOM AT 123 NEPTUNE DRIVE, EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. " Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-0. The City Attorney read Resolution No. 806. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING THAT ALL FOURTH OF JULY ACTIVITIES HELD IN THE CITY.SHALL BE RECOMMENDED BY THE EDGEWATER VOLUNTEER FIRE DEPARTMENT AND SHALL. BE SUBJECT TO FINAL APPROVAL BY THE EDGEWATER CITY COUNCIL, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-0. ORDINANCES The City Attorney read Ordinance No. 1016, first reading. AN ORDINANCE REZONING LOTS 1, 2, and 3 BLOCK 3 RIVEREDGE ACRES FROMB-4 TO R-2 and REZONING LOTS 10, 11, 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 Dietz made a m~tion that the Council table this Ordinance and send the Zoning Board a letter asking if they concur with the compromise the Council had suggested for lots 7, 8 and 9 Block 2, Riveredge Acres by changing the zoning from B-4 to R-4. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. OLD BUSINESS The City Clerk read a letter from Mr. Thomas Tipton requesting a review of his application for a home occupational license. Mr. Tipton told the Council that he operates his business of aluminum siding installation from his truck. There is no inventory or material stored at his home. The Council discussed this license and asked Mr. Tipton questions concerning the type of business he wants to operate. Councilman Sikes made a motion that the Council grant this license. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk advised the Council that at the Council Meeting of January 30, 1978, the Council voted to enter into an agreement with the County and t.he Railroad. The Mayor is authorized to sign this agreement as per Council vote 1/30/78. NEW BUSINESS The letter from Mr. Cross to EPA was for Council information. This letter has b~en given to the City Planner for follow-up. The Council was given a letter concerning the New Smyrna Beach- Edgewater Chamber of Commerce agreement. This was for information. No action necessary. . 5 < . o o MISCELLANEOUS Mr. John Gross asked the City Attorney if it was in keeping with Council regulations for motions to be made during Coordinator Reports. He was referring specifically to the motion made to advertise for a City Manager. He believes that something this important should be on the agenda and not brought up during Coordinators Reports. The City Attorney -said that during their reports the Councilmen can bring up whatever they feel needs to be discussed. The Mayor said that whenever a motion is made the audience always has an opportunity to ask questions or discuss the motion with the Council. There was a motion made to advertise for a City Manager not to hire one. At that meeting the audience was given an opportunity to discuss the motion. The Coordinators Reports gives the Councilmen the opportunity to bring up emergency subjects or certain problems relating to their department. It is not always possible to qet all these items on the agenda in time for the meeting. Councilman Sikes made a motion that the meeting be adjourned. Councilman Dietz seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ~ Mayor ~51-1 Councilman ATTEST: ;t~~ 'City Clerk 6 ~- d~ M fL- ~ ~