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04-02-1979 - Regular u u .,~~ ~~'il'>... 1:(... ,':t-t; b>>.. ., ;$ ;'1'" Ul:l} CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING Apri 1 2, 1979 Mayor Christy 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 Pol ice Chief Earl Baugh Present Present Present Excused Present Present Present Present INVOCATION The invocation was given by Rev. Canova. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to approve the minutes of the regular Council meeting of March 26, 1979. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED4~0. BILLS AND ACCOUNTS Councilman Rotundo made a motion to approve the bills for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. MAY, lIMA & CO. PRESENTATION The representative of May, lima had not arrived at the meeting at this time. Mayor Christy suggested going on with the agenda until Mr. Vodenicker, May, lima, arrived. PROCLAMATIONS Mayor Christy read a proclamation honoring Mr. John Gibbs, oldest living former City Official. FORESTRY DIVISION GRANT Mr. Dukes of the State Forestry Division presented the City with a check for $2,023.00. This is a grant that will be matched by the City. Mr. Dave Severance, Edaewater Fire Dept., thanked Mr. Dukes and told the Council that ihe fire depart~ent 'plans to buy radios, new hoses and lights. These items are badly needed by the fire department. The Forestry Division has also taken back a tanker truck that was leased to the City and has become inoperative. The tanker is being replaced. COMMUNICATIONS The Deputy City Clerk read a letter from Mrs. Louise Martin, Chairman of the Merit Board. Mrs. Martin stated she is resigning her position on the Merit Board due to the "continued obstruction of the Board's efforts to perform such duties necessary to the City of Edgewater." '" o o Councilman Ledbetter made a motion that the Council accept Mrs. Martinis resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Mrs. Kinsey told the Council that Mr. Burgess, a member of the Merit Board, was appointed three years ago and his term is now finished on the Board. The Council, therefore, needs to appoint two new members to the Merit Board. Councilman Asting made a motion to reappoint Mr. Burgess. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. Vodenicker, May, Zima, arrived at the meeting. Mayor Christy said that they would hear Mr. Vodenickerls presenta- tion and then continue with the agenda, if that was agreeable with the Council. The Council agreed. Mr. Vodenicker spoke to the Council concerning the amending of Phase 2 of the Computer program to eliminate three applications and to start applications for fixed assets in general government and water and sewer. This would be beneficial to the City. They are suggesting the deletion of encumbrance accounting, traffic citations and inventory system. The inventory application is not accounting for atl deletions or additions and they would recommend a physical inventory be taken. Mr. Vodenicker referred to the letter from May, Zima of July 29, 1977 that set up the computer system. Councilman Asting said that he felt the Council should have more information on this. He made a motion that this proposed change be tabled until each Councilman can study the letter of July 29, 1977. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS (cont.) The City Clerk read a petition signed by approximately 60 local business people and sponsored by Mr. Harold Brown, to recall the Zoning Ordinance 880 and replace it with old Ordinance 219 until such time as 880 can be rewritten. There was some discussion on this among the Council members. Councilman Ledbetter made a motion that the Council set up a Workshop on April 10, 1979 for the purpose of reviewing 880. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting said that this should be the only subject on the agenda for that Workshop meeting. Mayor Christy said that the Council will invite the Zoning Board, the Planning Board and the Board of Adjustments to this workshop. The Deputy City Clerk read a letter from Miss Cindy Meadows. Miss Meadows wishes to do a thesis on urban planning and would like to talk to the Council concerning using Edgewater as the City for this project. Mayor Christy said he would contact Miss Meadows and talk to her about this proposed project. He will report to the Council. The Deputy City Clerk read a letter from Caton Insurance. The letter referred to liability coverage on acreage to be leased from Volusia County School Board for recreation facilities. The City could get extra coverage for an approximate annual cost of $200.00. Mayor Christy said that the City can lease the ballfield for $1.00 per year on a 99 year lease. He would like to do this because our young people have to go over to New Smyrna Beach and pay to play baseball. Councilman Ledbetter made a motion to spend this money ($200.00) for liability for the ballfield. Councilman Rotundo seconded the motion. 2 o o Upon roll call the motion CARRIED 4-0. ~he De~uty City.Clerk read a letter from Briley, Wild & Associates lnformlng the Clty that an application has to be filed for a Permit to operate the Wastewater Plant. Councilman Asting said that our City Engineer can file for this application. Briley, Wild will be notified that the City Engineer will take care of this for the City. The Deputy City Clerk read a letter from the Board of Adjustments. The Board of Adjustments made the following recommendations to the City Council. I.Grant a Variance to Mr. Thomas Loveland, 606 N. Riverside Dr., to extend a wall of his house forty-one inches for the purpose of enlarging a room. 2. Grant a Variance to Mr. J, ~Wqrtto build a single family dwelling on Parkwood. A 5 ft. variance on the front and an 8 ft. variance at the rear of the building. 3. Grant a Special Exception for a Used Car Lot to Mr. and Mrs. Loescher at 1515 S. Ridgewood. The Board listed various conditions that would be attached to this Special Exception and should be part of the resolution granting this Special Exception. Councilman Asting made a motion that the Council grant the variance to Mr. Loveland. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Rotundo made a motion that the Council grant the variance to Mr. Swart. Councilman Ledbetter seconded the mbti"on. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter made a motion that the Council grant the Soecial Exceotion to Mr. and Mrs. Loescher with the attached conditions as specified' by the Board of Adjustments. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter made a motion that the City Attorney draw up the necessary resolutions granting these variances. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councllman Kotundo: Talked about the tanker that the Forestry Division will lease to the fire department. Councilman Rotundo also mentioned a letter from the Assistant County Manager to the County Fire Marshall. The County still hopes to review the feasibility of a leas~/purchase plan for equipment for a possible Greater Edgewater Fire District. Edgewater Fire Chief Russ Foster will get together with Mr. Hetrick and Mr. Wilson to discuss equipment needed and possible costs on this type of project. Mayor Christy said that he had also been approached by Oak Hill regarding our dispatching and beeper system. They want to check into the possibility of tying into our system. Chief Baugh will check into this further and probably get a professional opinion concerning the distance that this type of system can cover. Councilman Ledbetter: Made a motion to purchase ten pieces of 12 x 30 foot culvert pipe. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter asked Mayor Christy to explain who paid for the paving of Mockingbird Lane. Mayor Christy said that Mr. Love had paid for the paving and also for the sewer system. Money was put into escrow to cover these costs. There is still an outstanding bill against McMahon & Co. for the errors made during the installation of the sewer system. 3 o o Councilman Asting discussed the recent drop in water pressure. The Water Department was trying to fill the clear well at the new plant and due to an unusually large amount of water being used in the City the water levels started to drop. The department was monitoring the levels and they increased from 400,000 gals. to 600,000 gals. so it was necessary to reduce the pressure for a period of time. Councilman Asting made a motion that the Council instruct the City Attorney to amend Ordinance 874 in accordance with the recommendations discussed at the Council Workshop on March 27, 1979. These recommendations do not effect Ord. 855 which was passed by referendum. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting said that he would like the Council to consider a cost of living raise for City employees. Mayor Christy said that the Coordinators should discuss this with their department heads and find out what funds are available. Councilman Ledbetter made a motion to send this suggestions to the Coordinators and department heads and that the raise should not exceed 7%. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting added that he felt a raise should be equal for all employees and also that those still on probation would not be eligible. The Deputy City Clerk and the City Attorney did not have any reports at this time. Mayor Christy: said that he had received more information on the 701 grant. The City has not been approved for additional grant monies. Mayor Christy also discussed a possible interlocal agreement with the County concerning planning. It was suggested that any further action on this be held off until the City has hired a City Planner. The Mayor will notify the DCA in Tallahassee. Mayor Christy spoke to the Council about the possibility of obtaining money for advertising and public relations projects for the City. The grant application should be submitted by April 1, but he can get an extension if the Council is interested. Councilman Ledbetter made a motion that the Council authorize applying for this grant. Councilman Rotundo seconded the motion. U~on roll call the motion CARRIED 4-0. RESOLUTIONS The City Attorney read Resolution No. 78-R-39. A RESOLUTION CREATING AND ESTABLISHING AN INDUSTRIAL DEVELOPMENT ADVISORY BOARD; SETTING FORTH THE PURPOSES OF SAID BOARD AND PROVIDING FOR DUTIES, RESPONSIBILITIES AND POWERS OF THE BOARD; PROVIDING FOR THE MEMBERSHIP, TERMS OF OFFICE, MEETINGS, ATTENDANCE, AND INTERNAL ORGANIZATION OF THE BOARD; PROVIDING FOR THE USE AND DISPOSITION OF MONIES GENERATED BY THE ACTIVITIES OF THE BOARD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Mr. Opal, Pine Tree Dr., told the Council that he did not feel we had enough industrial land here for this Board. He asked how much land the City owned. Councilman Rotundo said that there was approximately 276 acres within the City of Edgewater, zoned industrial. This land is privately owned. 4 o o Mr. Opal questioned the money that would be spent. Councilman Rotundo said that we just trying to get this Board started. No money has been budgeted for this year. If we get the Board started then perhaps we can budget some money for next year to help bring business into the City. Mr. Siciliano, 4 Lee Dr., asked if the City would be operating this Board independent of New Smyrna Beach. The City should be very careful in making any arrangements with New Smyrna. Mr. Ben Vasquez, New Smyrna Beach, who says he is a property owner in Edgewater spoke to the Council. He said he believed this type of Board was unconstitutional, the charter does not provide for giving Boards money. He questioned the way this was being handled. Councilman Asting said that no money would be spent on this at this time, the Council was just organizing this Board. Upon roll call the motion to adopt the resolution CARRIED 4-0. Members of the City Council will present names for possible appointment to this Board. ORDINANCES The City Attorney read Ordinance No. 79-0-8 (second reading). AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REQUIRING THAT ALL MEETINGS OF THE CITY COUNCIL AND ADVISORY BOARDS OF THE CITY, NOW EXISTING OR TO BE CREATED IN THE FUTURE, SHALL BE RECORDED BY SAID COUNCIL OR ADVISORY BOARDS BY TAPE RECORDER OR OTHER ELECTRONIC DEVICE, PROVIDING THAT THE TAPE OR TAPES OF SAID MEETINGS SHALL BE AVAILABLE TO THE PUBLIC UPON REASONABLE REQUEST DURING THE NORMAL BUSINESS HOURS OF THE CITY, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Mr. Opal asked Mayor Christy if the meeting in his office. last Friday was taped? Mayor Christy asked what meeting? Mr. Opal said the meeting with the T.V. people, he saw it on T.V. Friday night. Mayor Christy said that Mr. Opal was out of order that has nothing to do with this ordinance. Upon roll call the motion to adopt CARRIED 4-0. The City Attorney read Ordinance No. 79-0-10. (First reading). AN ORDINANCE IMPOSING AN INCREASE IN THE BUILDING PERMIT FEE ON THE CONSTRUCTION OF ALL NEW RESIDENCES AND COMMERCIAL BUILDINGS IN THE CITY OF EDGEWATER, FLORIDA, IN ORDER TO PROVIDE A MORE ADEQUATE STREET LIGHTING SYSTEM; SETTING FORTH THE METHOD OF IMPOSING SAID FEE AND PROVIDING FOR ITS COLLECTION; SETTING UP A SEPARATE ACCOUNT FOR THE DEPOSIT OF ALL FEES COLLECTED AND RESTRICTING THE USE OF SAID FUNDS; SETTING FORTH A PROCEDURE FOR THE UTILIZATION OF SAID FUNDS FOR THE PURPOSE OF PROVIDING ADEQUATE STREET LIGHTING; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 5 o o Mrs. Kinsey called attention to the fact that the ordinance imposes a fee of $1.00 per sq. ft. It should be $1.00 per $1,000.00 assess- ment. Councilman Rotundo made a motion that the Council adopt this Ordinance, as corrected, Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy called a 10 minute recess. Meeting called back to order. OLD BUSINESS Certification of Bids The Deputy City Clerk certified that bids had been received from the following people for the 6" PVC pipe (truckload). B & H SALES - Orlando, Fla. SOUTHEASTERN MUNICIPAL- Altamonte Springs, Fla. S.O.U.S. - Ft. Lauderdale, Fla. DAVIS METER - Orlando, Fla. HUGHES SUPPLY, INC.- Daytona Beach, Fla. The Deputy City Clerk opened the bids. B & H bid $1.60 per ft. Southeastern bid 1. 55 per ft. S.O. U. S. bid 1. 53 per ft. Davis Meter bid 1. 61 per ft. 20. 1. 57 per ft. 401 Hughes bid 1. 57 per ft. Councilman Asting made a motion that the Council table these bids so that the City Engineer can review them and make his recommendation to the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The Certification of Funds is not read until the bid has been awarded. Bus Service: The Council was provided with a copy of the letter from D.O.T. The Council had discussed parts of this letter at the March 27, 1979 workshop. Mayor Christy said that the New Smyrna Beach Commission would be able to meet with the City Council on April 17, 1979 to discuss possible extension.of bus servite~into Edgewater. The Council agreed to meet with NSB Commission on April 17, 1979 at 7:30 in the New Smyrna City Hall. AUDIENCE MISCELLANEOUS Mr. Fredericks, Riverside Drive, asked about the Animal Control Ordinance. Mayor Christy said that they had discussed this at a recent work- shop and that the Attorney is working on Mr. Fredericks also asked about when the new water plant would be in operation. Councilman Asting said that the Council had granted an extension on this plant and they hoped it would be in operation by the middle of April. Mr. Frank Opal asked about the interview that the Mayor gave on T.V. He wanted to know who called the T.V. people to come down here. 6 o u v~ Mayor Christy asked the Police Chief what the newsmen had told him. Chief Baugh said that they told him they had read the story in the Star Sentinel. Mr. Opal said that the Mayor was advised by the City Attorney that nothing could be done about those letters. Mr. Vasquez spoke to the Council concerning the 201 facilities and the Edgewater agreement with the NSB Utilities Commission. C 0 u n c i 1 man A s tin g rea d fro m the re sol ut ion t hat Mr. Vas que z referred to (Res. 732). Mayor Christy told Mr. Vasquez if he wished to make a presenta- tion to the Council he should get information to City Hall by noon on the Friday before the Council meeting so that it could be put on the agenda. The Council would like more information about the charges Mr. Vasquez has made in New Smyrna and how he feels Edgewater might be involved. Mr. Vasquez said that Edgewater made an agreement with the NSB Utilities Commission and that this commission is not authorized to make such agreements. He will prove to the people of Edgewater that the Utilities Commission should not be allowed to operate the way they do. NEW BUSINESS The Council discussed an application for an Occupational License from James Nichols. Mr. Nichols wishes to o~erate a wholesale merchandise business for members only at 1947 Park Ave. This is a I-I Zone. This is not a permitted use in the zoning district. Councilman Asting said that he felt this would be an upgrading of the zoning. The City Attorney suggested that the Council issue a license until such time as the 880 ordinance can be straightened out. Councilman Asting made a motion that the Council grant Mr. Nichols a temporary license to operate his business until the Council can come up with some revisions or amendments or the rewriting of 880. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The Council discussed an application by Richard Cole to operate a Tractor service. Mr. Cole is requesting a Home Occupational License for 2004 S. Riverside Dr. to use this address as a mailing address and for business calls. Equipment will be stored in another place not at the residence. Councilman Ledbetter made a motion to grant this license. Council- man Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The Council also discussed an application for a license to operate a Painting and Roofing Co. in a B-3 zone. Mayor Christy said that the license had not been completely filled out and should be held till next week. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi 7 o Q cJ:~d if\\?f~ 1(: ~ e/ /Lc; _ {,!.6 . Councilman ~ ATTEST: ~~~. Deputy City Clerk ~ Approved this 9~ day of April, 1979. ~ ~ ~- ~ 8 ~. 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