04-03-1978 - Regular
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CITY OF EDGEWATER CITY COUNCIL
REGULAR MEETING
April 3, 1978
Mayor Christy called the regular meeting of the Edgewater
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
Deputy Clerk Nancy Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Excused
Present
Present
INVOCATION
SALUTE TO FLAG
APPROVAL OF MINUTES
Councilman Dietz made a motion that the Council approve the
minutes of March 27, 1978. Councilman Shell seconded the
motion. Upon roll call, the motion CARRIED 3-2. Councilman
Shell and Councilman Sikes voted NO because they were absent
at that meeting.
BILLS AND ACCOUNTS
Councilman Dietz made a motion that the Council approve the
bills and accounts for payment. Councilman Rotundo seconded
the motion. Upon roll call, the motion CARRIED 5-0.
COMMUNICATIONS
The Deputy Clerk read a memo from the Zoning Board recommending
that B-5 be rezoned to add "Food Processing, Honey Products"
ONLY to permitted uses.
The City Attorney said that this was too restrictive and
was almost spot zoning.
The Council discussed alternatives.
Councilman Dietz made a motion that the Council hold a Public
Hearing April 17 for the purpose of adding "Food Processing" to
permitted uses in B-5. Councilman Sikes seconded the motion.
Upon roll call the motion CARRIED 5-0.
The Deputy Clerk read a memo from the Zoning Board recommending
that duplexes in R-3, as a Special Exception, would be allowed
if there is an existing duplex already there.
The Council will take this under advisement for the April 10th
Public Hearing.
The Deputy Clerk read a memo from John Gross, Sr. resigning
from the Merit Board.
The Council discussed this and the fact that the Merit Board
has not met since last February.
Councilman Sikes made a motion that the Council accept Mr.
Gross's resignation. Councilman Shell seconded the motion.
Upon roll call the motion CARRIED 3-2. Councilman Rotundo and
Mayor Christy voted NO.
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ChristY~il1 notify other Merit BO~
participation and the possibility of
members concerning more
new members.
Mayor
active
There was a report and bill from the Building Inspector.
Councilman Sikes made a motion that the Council approve this
bill for payment. Councilman Dietz seconded the motion. Upon
roll call, the motion CARRIED 5-0.
A letter from the Cultural Center Committee for Council
information only.
A request from the Board of Adjustments and Appeals that the
Council appoint the City Attorney as the Hearing Examiner
for a hearing scheduled on April 11th.
The City Attorney said that it would not be feasible for him
to act as hearing examiner since it might be possible a court
case could result which he would be involved in as City Attorney.
The Council discussed other people who could assume this
responsibility.
Councilman Dietz made a motion that the Mayor contact Mr.
Cliff Denton and ask him to accept the appointment. If Mr.
Denton is not available then the Mayor should contact Mr. Fish.
Councilman Sikes seconded the motion. Upon roll call, the
motion CARRIED 5-0.
A letter from the County Manager's office concerning the
proposed bike path.
Councilman Dietz made a motion that the Council instruct the
Mayor to attend the Council meeting of April 20 to lobby for
the material necessary to complete the bike path. Councilman
Sikes seconded the motion. Upon roll call the motion CARRIED
4-1. Councilman Rotundo voted NO.
A letter from Mrs. Egeland concerning the city vacating
certain property between Riverside Drive and Hubbell Street.
The letter was turned over to the City Attorney for his
recommendation.
A letter from the Census Bureau which was turned over to the
City Planner.
An invitation to the Council to the next Volusia Municipality
dinner.
The Mayor read a proclamation concerning Soil Stewardship Week.
A memo from May, Zima concerning their opinion on the future
use of the addressograph machines at City Hall. It is the
opinion of May, Zima that they should be sold by competitive bid.
Councilman Sikes made a motion that the Council advertise these
machines for sale to the highest bidder. Sealed bids should
be at City Hall no later than May 15, 1978 at 4:00 P.M.
Councilman Rotundo seconded the motion. Upon roll call, the
motion CARRIED 5-0.
A letter from Florida Action for Animals concerning a conference
to be held at the Islander Sat April 8th and Sun. April 9th.
Councilman Sikes made a motion that the Council authorize the
Mayor and Police Chief to attend this conference. Councilman
Dietz seconded the motion. Upon roll call the motion CARRIED 5-0.
COORDINATOR'S REPORT
Councilman Rotundo brought up the subject of the land to be used
to build a new fire station. He also recommended that the Police
Department be authorized to have a $25.00 petty cash fund to
take care of emergencies and small purchases especially on the
weekends. This will be checked out with the auditors. He
also brought up the meetings with the Fire Dept. and EVER concerning
the proposed County Fire District. The next meeting will be
Wednesday at 2:00 P.M.
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Councilman Rotundo also spoke about the copying machine for
the Police Dept. approved for anti-recession funds. The Chief
will try to find one.
Councilman Shell brought up the subject of Community Drive.
The City Attorney has written to the property owners that
the City would care for a street if the property owners deeded
a sufficient amount a land to the City to widen Community Drive.
Councilman Dietz made a motion that the Council instruct the
City Attorney to make up the necessary papers for acceptance
of the dedicated land from the property owners interested
and contact the other owners and if they are not willing to
cooperate then the City will proceed with condemnation proceedings
to get the right of way for the rest of the street. Councilman
Shell seconded the motion. -
There was a discussion about the width of the road and the
amount of property that would have to be deeded.
The City Attorney said that someone should engineer this project
and find out what width would be acceptable, even if it was
not as wide as some other streets.
Councilman Dietz suggested that Mr. Shell should give the Council
a report of this.
The Mayor said that the motion and second should be withdrawn.
Councilman Shell withdrew his second and Councilman Dietz withdrew
his motion.
Councilman Shell also brought up the subject of the culverts
on Palmetto. There is only a small section on the west side
of Palmetto south of Knapp St. that has a serious drainage problem.
There were residents in the audience that objected to the
culverts.
The Council discussed the problem and explained to the people
the type of drainage necessary and that the ordinance must be
enforced.
It was finally decided that the Council would not take any
further action until the May 24th meeting. The residents of
Palmetto St. could present their side of the problem and
possible alternative.
Councilman Sikes said that he would have a report next week.
Councilman Dietz asked the City Attorney about a front foot
assessment ordinance.
The City Attorney said that Edgewater does not have a specific
ordinance on front foot assessment and he suggested that it
would be in the interest of the City to have an ordinance that
would allow the City to impose a special assessment on a front
foot basis. The City will be faced with increasing problems
as the water and sewer system develops.
Councilman Dietz made a motion that the Council authorize the
City Attorney to draw up an ordinance on a front foot assessment
to be presented at the April 17th meeting. Councilman Shell
seconded the motion. Upon roll call the motion CARRIED 5-0.
Councilman Dietz reported on the meeting with Mr. Rogers of
Tomoka Refuse. He suggested that the Council consider appointing
a coordinator to check on the service for the City, and also
that the City continue to withhold the monies from vacant trailer
spaces for at least three more months until the service has
improved almost 100%. If after the probationary period, the
service has improved to the satisfaction of the Council then
we would cancel the agreement with Tomoka Refuse concerning
the vacant trailer spaces.
Councilman Dietz made a motion that the Council instruct the
City Clerk to put in escrow the monies being withheld from the
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contractor for the trailer parks, per agreement signed by
Mr. Abney, relieving us from paying that amount for a period
of 3 months. At the end of that period, the Council will
review of the service and if the Council feels that the service
has improved sufficiently, then the Council will give the
money held in escrow to Tomoka Refuse and return the agreement
with Mr. Abney (dated/6-28-77). Cbuncilman Sikes seconded the
mot.ion. Upon roll call the motion CARRIED 5-0.
The City Attorney suggested that we get some kind of written
agreement with Tomoka Refuse to preclude any more letters from
Tomoka attorneys.
Councilman Dietz made a motion that the Council authorize
some official of the City to act as coordinator with Tomoka
Refuse and keep a closer check on the type of service the City
is receiving. He suggested the Police Chief. Councilman
Rotundo seconded the motion. Upon roll call the motion CARRIED
5-0.
Councilman Dietz also spoke about the 208 plan presently being
discussed by the County Council. It is his suggestion that
in the very near future the City of Edgewater should go on
record as being against the method to implement much of this plan.
Councilman Dietz made a motion that the Council authorize
Mr. George Ladhoff of the Planning Board to represent the City
of Edgewater at the Grant Writing Seminar to be held the end
of the month in Palm Beach. Councilman Sikes seconded the
motion. Upon roll call the motion CARRIED 5-0.
Councilman Dietz said that Mr. Stearns had requested that
he be relieved from the sewer payment on the filling of the
Acqua Park pool. He will use 175,000 gallons.
The Council spoke with Mr. Stearns.
Councilman Dietz made a motion that we waive the sewer cost
on this and charge only for the water. Councilman Shell seconded
the motion. Upon roll call the motion CARRIED 5-0.
The Mayor asked the City Attorney about License transfer fees.
The City Attorney said that he did not feel that we could ask
for a new license in place of a transfer but that we could
increase the fees for a transfer.
It was the decision of the Council that this would not be
necessary.
There was also a discussion about Council absence from meetings.
The City Attorney said he was working with the Building Inspector
on Ordinance 909, aluminum additions to mobile homes.
Councilman Dietz made a motion that the City Attorney draw up
ordinance withdrawing the provision of the charter that states
the number of meetings that Councilmen can miss. Councilman
Rotundo seconded the motion. Upon roll call the motion CARRIED
4-1. Councilman Sikes voted NO.
RESOLUTIONS
None
ORDINANCES
Ordinance No. 1003
AN ORDINANCE REZONING CERTAIN PROPERTY IN THE CITY OF EDGEWATER
FLORIDA, FROM ITS PRESENT ZONING OF R-3 TO B-1, REPEALING ALL
ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
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Councilman Sikes made a motion that the Council adopt this
Ordinance. Councilman Dietz seconded the motion. Upon roll
call the motion CARRIED 5-0.
ORDINANCE No. 1004
(1st reading)
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ORDINANCE AMENDING ORDINANCE NO. 969 OF THE CODE OF ORDINANCES
OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR A CHANGE
IN THE METHOD OF COMPUTING ANNUAL VACATION LEAVE AND ADDING
AN ADDITIONAL PAID HOLIDAY, REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Councilman Shell made a motion that the Council adopt this
Ordinance. Councilman Rotundo seconded the motion. /Dpon roll
call the motion CARRIED 5-0.
ORDINANCE No. 1005 (1st reading)
AN ORDINANCE AMENDING SECTION 3 OF OR DINANCE NO. 904 BY
INCREASING THE SEWER DEVELOPMENT FEE TO $200, 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. Upon roll
call the motion CARRIED 5-0.
OLD BUSINESS
Richard Diamond, City Planner gave a report on his conference
with Briley, Wild concerning voluntary annexation. He also
spoke about 701 Planning Assistance grant. We have been
accepted to apply for this grant.
Building Inspector Review
The Council discussed the probationary period for the
City Building Inspector. No Council members had any questions
to ask the Building Inspector and they were all satisfied
with his work.
Councilman Dietz made a motion that the Building Inspector be
reinstated full time and the probation be withdrawn. Councilman
Sikes seconded the motion. Upon roll call, the motion CARRIED
5-0.
Councilman Sikes made a motion to adjourn. Councilman Dietz
seconded the motion. The meeting was adjourned.
Minutes submitted by:
Nancy Blazi
ATTEST:
C~ r:1-~j
Deputy City Clerk ~
Approved thi s / Aay of
April, 1978
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Mayor
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