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04-30-1979 - Regular i LJ \...I ('P 4>'.~1~ , .dfdki!~ ' '.- - v .f/t.:/ ~,..!;~ ... 1$i!J1;~'.i:i!i~i'{i' l:h "if..:..~'I'".iiV (t'. t.~~ ~ Ii.; .01 I"~ .c, 14 .!:.i~ li I ... ,.,. .,l.f.. ~Jt..' CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 30, 1979 Vice Mayor Louis Rotundo called the regular meeting of the Edgewater 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 Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Cornelia Kinsey Police Chief Earl Baugh Excused Present Present Present Present Present Present Present INVOCATION There was a brief, silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the regular council meeting of April 23, 1979. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Ledbetter made a motion that the bills be approved for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS The Deputy City Clerk read a letter from Mr. Frank Opal, 2002 Pine Tree Dr. stating that Mr. Opal wished to discuss anonymous phone calls. Mr. Opal spoke to the Council and said that he had received some anonymous phone calls and that he also knew of some other citizens that had received harassing phone calls and that some people even received veiled threats. Nothing was being done about this. He also stated that last weekend he called the Police Dept. about a fire that two boys had started near his sister's house. The police did not respond to his complaint and he finally put out the fire himself and warned the boys. There was no action by the Council on this subject. The Deputy City Clerk read a petition signed by 26 residents of Thomas St. and surrounding' area, requesting that something be done to properly pave their street. Mrs. Turner spoke to the Council about the dust that gets into their homes caused by the lime rock that was put down to fill in the bad potholes. Also there has been no paving put on to cover this rock. . o o Councilman Ledbetter said that the St. Dept. had repaired the holes and was waiting for a shipment of material to cap the repairs. There is no money in the budget for complete repaving. The only thing the St. Dept. can do is to make repairs. There are a number of other streets in Edgewater that are in far worse shape than Thomas St. The St. Dept. hopes to have the material and be able to finish the patching job by this Wednesday, if the weather permits. Mrs. McCrae spoke to the Council and said that the street sign on Thomas and Riverside had been removed. Vice Mayor Rotundo said that the Police Chief should check into this. Mrs. Julia Starman also spoke to the Council and said that there are no dead end signs on Second St. and many people come in there and then turn around on private property. Councilman Ledbetter said that the St. Dept. and the Police Dept. will check this out and put in the signs. The Deputy City Clerk read a letter from Mr. Arthur Schilling tendering his resignation as Chairman and member of the Planninq Board. Councilman Ledbetter made a motion that the Council accept this resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made a motion that the Council should authorize a letter to Mr. Sr.hilling thanking him for his service to the City. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The Deputy City Clerk read a letter from May, Zima concerning a budget review and the necessary procedure to amend the budget. The Council has set May 8, 1979 for a Workshop on the budget. The Deputy City Clerk -read a letter from New Smyrna Beach stating that the City Commissioners had voted to extend the Smyrna Transit System into Edgewater commencing April 30, 1979 for a period of six (6) weeks. Councilman Asting said that he and two other Council members had been on the first bus that left New Smyrna Beach today at 8:20 A.M. There will be three round trips a day: 8:20, 12:20 and 4:20. The fare is 75~ regular, 35~ for senior citizens and handicapped persons and students. For an additional charge of 25~ the bus will go right to a passenger's front door. It is necessary to call the bus company ahead of time if you wish to be picked up at your house. The entire round trip takes about 55 minutes. The Deputy City Clerk notified the Council that Mr. Richard Weser, had called to say that he would be interested in the position of City Clerk if it were offered to him. Councilman Asting made a motion that the Council authorize the Attorney to draw up the necessary resolution appointing Mr. Richard Weser as City Clerk at a starting salary of $11,500 annually. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councilman Ledbetter said that he had received a petition signed by more than 87 residents of Edgewater complaining about the excessive noise over the past weekend at Steve1s Place on S. Ridgewood. Mr. Ledbetter and the Police Chief did check this place out on Sat. and they found it to be extremely noisy. The Police Dept. also received phone calls complaining about the noise and the number of people hanging around outside the building. 2 -; o o Councilman Ledbetter made a motion that according to the City Code of Ordinances Section 11-5, the owner of Steve's Place must be notified that he should appear before the Council to show cause why his license should not be suspended or revoked and to state what he intends to do about the noise. If this cannot be resolved then the Council should revoke his license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter made a motion that if the Police Dept. receives four or more calls a night about this place, until the owner has had a chance to appear before the Council, the Chief should be authorized to close the place down. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes said that the Council should receive minutes of any me e tin g.s he 1 d by de par t men t sup e r vis 0 r s . Councilman Sikes made a motion that the Council authorize the additional payment for insurance maternity benefits for city employees for the remainder of the year. This insurance is now required by Federal layl. Councilman Ledbetter~: seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting said that repair work has been completed on the Cantex unit at the wastewater plant. It will take approximately two to three weeks to be certain that this unit is now operating correctly. Councilman Rotundo called the Council's attention to a letter from Fire Chief Russell Foster to the Assistant County Manager concerning the equipment necessary for an extended Fire District. There was also a list showing the extended purchase and cost over a five year period. This information will go to the County Council and we hope to have a decision on this before October. Councilman Rotundo also told the Council that the Industrial Development Advisory Board had held their first meeting on April 26, 1979. Mr. Sebastian Siciliano was elected Chairman, Mr. Harold Brown was elected Vice Chairman and Mrs. Jean Brown was elected Secretary. The Board will hold their first organized regular meeting on May 17, 1979 at 7:00 P.M. in City Hall. Mrs. Kinsey announced that there would be a free bus to the Humane Shelter on May 5, 1979 for the Open House. The bus would leave City Hall about 10:20 A.M. Councilman Asting said that he wished to add that concerning the bus service, the Smyrna Transit System also offers charter service to groups and organizations. Mrs. Kinsey said that the Council needs to make a decision about an engagement letter assigning May, Zima as auditors for our Federal grant monies. The City can, of course, authorize some other auditor to do this work but the Council should specify and authorize an auditing firm to do this work. Councilman Sikes made a motion that the Council enter into an agreement with May, Zima to take care of the financial audit of the Federal grant monies. The Mayor should be authorized to sign this agreement. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Vice Mayor Rotundo called a 10 minute recess. Meeting called back to order. 3 o Q ;. RESOLUTIONS The City Attorney read Resolution No. 79-R-47 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA SUPPORTING THE DAYTONA BEACH CHAMBER OF COMMERCE IN THEIR EFFORTS TO DEFEAT STANDBY CONSERVATION PLAN #1; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this resolution and send a copy to the Daytona Beach Chamber of Commerce. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-48 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA OPPOSING A COUNTY BEACH AUTHORITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA SUPPORTING A MORE BALANCED TAX PROGRAM AND A MORE EQUITABLE DISTRIBUTION OF SHARED REVENUES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-50 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, REQUESTING THAT THE COUNTY COUNCIL OF VOLUSIA COUNTY EXEMPT MUNICIPALITIES LOCATED WITHIN THE COUNTY FROM COUNTY IMPOSED FEES FOR COUNTY SERVICES, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES None OLD BUSINESS The City Attorney said that the Council had requested that he review the resolution that the Council must approve in order to authorize city employees to join the County Credit Union. His only objection was the clause that allows the holding of a final paycheck for the Credit Union if an employee leaves or is dismissed. Mr. Woods said that the City can get the employees to sign a release so that the City will not have any liability for that check. He can draw up this release form. Mrs. Kinsey said that 40 employees had responded favorably to the question of joining a credit union. Councilman Ledbetter made a motion that the Council authorize the City Attorney to draw up the necessary resolution allowing the city employees to join the credit union. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. 4 /1 o o The Deputy City Clerk read a recommendation from Fire Chief Russ Foster concerning the bids on the air compressor. The City had received two bids one from Biscayne Fire Co. for $2,491.20 and one from Trident Systems, Inc. for $2,334.50. Chief Foster recommended the bid from Trident as the lowest and best bid. The Deputy City Clerk certified that funds were available for this purchase from Fund 10, Machinery and Equipment. Councilman Asting made a motion that the City award the bid to Trident Systems, Inc. for $2,335.50 for the air compressor. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes asked the City Attorney is he had a report on teh property on N. Riverside that should be a park area for the city? Mr. Woods said that this section of Highland Shores was deeded as a permanent park in 1926. He is having a title search done on the properties in question to find out how title was sold to other people and also what properties should belong to the city. Councilman Sikes made a motion that the Attorney write to the owners of the property for sale in that area and also to the realtor advising them that the city is investigating this property because it may be part of the land that was deeded to the city as a permanent park. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS Mr. Cheek of West Adele in Edgewater spoke to the Council and congratulated them on the fine work they have done in getting a bus service into Edgewater. He added that the Council should do something about the public address system in the Community Center. Mr. Siciliano also spoke to the Council about the sound system. It is very poor and most of the audience does not hear what is going on. Councilman Ledbetter made a motion that the Council authorize Councilman Asting to get some estimates on the improvement of the sound system. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting said that he would get with the City Engineer and work on this. Mr. Frank Opal asked if the city had written to Indian River Prestressed Co. concerning the payment on trusses we did not get. Mrs. Kinsey said that they were notified by telephone and will write to the city concerning this purchase. NEW BUSINESS The City Attorney said that Ordinance 904 that deals with impact fees states that all construction prior to Dec. 31, 1974 shall be subject to impact fee. We have not been charging for houses that already exist in areas where we are now running water and/or sewer lines. It would not be possible to make any charges retroactive but we should either start collecting these fees or change the ordinance. There was a discussion about the cost of impact and connection fees. Councilman Asting made a motion to table this until he has had a chance to review this with the City Engineer and come back with a report and recommendation to the Council. He feels these fees are too high. Councilman Ledbetter seconded the motion. 5 ~ o ....... u Councilman Sikes said that in order to get certain loans from FHA, the City had to pass some ordinances to assure monies for the indebtedness. We should make sure that this ordinance is not one of those and that we can change this ordinance if that is the recommendation. Upon roll call the motion to table CARRIED 4-0. Vice Mayor Rotundo read an application from Mr. William Boyd for a subcontractor business at his home. He is requesting a Home Occupational License. The address is 1503 Travelers Palm and it is zoned R-2B. Councilman Sikes made a motion to grant this license. Councilman Ledbetter seconded the motion. Mr. Boyd was not in the audience. Councilman Asting said that he did not want to grant this license until he could talk to the applicant. Councilman Sikes withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Asting made a motion that this application be tabled until next week and that Mr. Boyd be notified to attend the meeting. The Council should not consider any applications for Home Occupational Licenses unless the applicant is present at the meeting. . Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter made a motion that the Council hold a workshop to discuss Home Occupational Licenses. We are issuing far too many of these licenses and they are causing too much competition for local businessmen. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The Council set May 15, 1979 at 7:00 P.M. for the Workshop Meeting. Councilman Ledbetter made a motion to adjourn. Councilma seconded the motion. The meeting was adjourned. hd- Minutes submitted by: Nancy Blazi ATTEST: ca,n Cou 'ci man ~ r;~ ~~ "".,~ City Clerk --- ~ ~-i~ Counci man :1 I!~ I Approved thi s '}.z::t.. day of May, 1979. 6