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03-19-1979 - Regular (J (J @~~ R~"il&!t'\'l" l ' "1t'1.,L."J~... , .1 .. '.. f, ....~;~ I. ~,.. ,. hibt'lt. '.I~ "~. ,', s.' .~ '~.' Iiij'\~ '.;;; ~ ~~r"~ ~1-'~+,... ... ""Z' I ~:'i ..:t:.J" If. VO>i:iI 'IN.~'''' . ~..r.J:~~ " CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING March 19, 1979 Mayor Christy called the regular meeting of the 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 Present Present Present Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to approve the minutes of the March 12, 1979 Council Meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Ledbetter made a motion to approve the bills. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy read three proclamations: Proclamation naming March 20, 1979 as New Smyrna Beach Rotary 50th Anniversary Day. Proclamation naming March 11-17 as Employ The Older Worker Week in Edgewater, Fla. Proclamation naming March 6 - 10 as Warner Christian Academy Sports Week. COMMUNICATIONS The Deputy City Clerk read a notice from the Florida Natural Gas Co. notifying the City that they are applying to the State DOT for a utility permit to install a gas line between Marion Ave. and Turgot. This was for Council information only. The Deputy City Clerk read a thank you letter from the New Smyrna Beach Sr. High School for the use of the raquetball court for practice. This was for Council information only. The Deputy City Clerk read a letter from the Southeast Volusia County Resort Tax Committee notifying the City of a meeting on April 2, 1979 and asking for suggestions for the expenditure of funds from the tax resort monies. Mayor Christy said that he planned to attend this meeting and was also writing to the subcommittee to call their attention to his proposal for a recreational/cultural center within the City of Edgewater. This was for Council information. The Deputy City Clerk read a letter from the Department of Community Affairs concerning the preapplication for 701 Compre- hensive Planning Assistance. The DCA stated that it regretted u Q that the submission by the City of Edgewater did not receive a sufficiently high ranking to be given further consideration for funding during this period (1979-80 program year). Mayor Christy said that last year we received the same kind of letter and he had personally contacted Sen. Stone's office and the City received funding. He has again called Sen. Stone's office to tell them that Edgewater has not received a high enough ranking to be considered for funding. A member,of the Senator's staff assured Mayor Christy that they would investigate this and do all that they could to assist us in receiving funding for this program. The Deputy City Clerk read a letter from Mrs. Louise Martin, Chairman of the Merit Board, who requested that the Merit Board be informed, in advance of the Council meetings, if there will be discussions concerning personnel matters. Mayor Christy said that the Council will be discussing the Merit Ordinance at a workshop on March 27th and he asked Mrs. Martin to be at that meeting. The Deputy City Clerk read a letter'.Mr. ~lurphy, Royal Palm, requesting a street light be placed on the corner of 25th and Royal Palm in Florida Shores. Mayor Christy said that we would have to put this with the other requests for street lights and notify Mr. Murphy that action will be taken when there are funds available. The Deputy City Clerk read a letter from the Volusia Council of Governments concerning the uniform street naming and house numbering system for Volusia County. Mayor Christy said that Edgewater is already working on this problem in the City. He said he told VCOG that we were ahead of them on this idea. The Deputy City Clerk read a letter from the Edgewater Planning Board concerning the following: the City Council should consult with Briley, Wild in the preparation of our new base map to show an area of interest to the City extending further to the east, including an area on the peninsula between the southern NSB city limits and the Wild Life Preservation and also extending west from Edgewater City limits to 1-95. These areas can strongly effect on the future growth of the City. The City should enter into interlocal agreement with the County on this land. Briley, Wild will furnish a new base map to the City showing the extended limits by March 21, 1979; A copy of this map will be furnished to City Council for their review and their use in establishing an interlocal agreement with the County. Councilman Asting asked who had authorized this base map and who was responsible for paying for it. Councilman Sikes said it was the County. They are talking about the unincorporated areas. Councilman Asting asked if the County would pay for the map. Mayor Christy said he did not know, they would have to check into this. This may come under the 701. Councilman Rotundo made a motion to table this until the Council gets more information. Councilman Asting seconded the motion. Councilman Sikes said that the Planning Bd. is asking us to extend the city limits, which the County by being in the unincorporated areas would have done. We discussed this before and there seemed to be a lot of problems connected with annexation. Mayor Christy said that he has mentioned e~tending the boundaries of Edgewater to some of the County officials. He was told to put in a request for that area. He had turned it over to the City Planner. He would like to know more about the map and who is paying for it. 2 '" o o Councilman Ledbetter said he believed a number of years ago we traded land on beachside for the land where the school was built so that we could get a school in Edgewater. Upon roll call the motion to table CARRIED 5-0. The Deputy City Clerk read a resolution sent to the Council from Port Orange. The resolution requested a waiver of County imposed fees for municipalities. Mayor Christy said that Edgewater should have a similar resolution. Councilman Asting made a motion to table this so that the City Attorney will have time to research this and advise the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from James Nichols, Civil Defense Coordinator. Due to financial and personal reasons, Mr. Nichols is resigning his position as Civil Defense Coordinator effective immediately. Councilman Ledbetter made a motion that the Council accept the resignation of Mr. Nichols, with regret, and commend him on the fine work he has done in this position. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from Schwerman Trucking requesting Council permission to use a mobile home as a dispatch office on the property of Lone Star Cement Co., in Edgewater. Mr. Ashworth, representative of Schwerman Trucking, spoke to the Council and told them that his company would haul dry cement from the plant in Edgewater to other areas of Florida. There was a discussion as to whether this was a permitted use in this zone. Councilman Sikes made a motion to grant permission with a 90 day permit. Councilman Ledbetter seconded the motion. Mr. Mackie, Chairman of Zoning Board, questioned the use of this area for this type of business. Mr. Glaser asked about the routes these trucks would take. Mr. Ashworth said that the trucks go to U.S. 1 and then either north or south depending on their destination. They do not have any reason to go through Florida Shores. He added that Lone Star plans to build new office facilities and then the trucking company would move into permanent offices. The City Attorney said that if this trucking company is not legally allowed to operate in that zone they would have to go to the zoning board for rezoning or addition of a permitted use. Councilman Sikes withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Sikes made a motion that the Council refer this to the City Attorney so that he can research the situation and advise the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods said that this request was added at the last minute to the agenda and he did not have time to prepare any opinion. He has asked the Council to have the agenda set by Friday so that both the Attorney and the Council have time to prepare for the meeting. COORDINATORS REPORTS Councilman Rotundo made a motion that the City go out for bids for an Air Compressor with filter assembly for refilling Scott Air Pack Tanks. Purus E3, 3.5 CFM 3600 PSI with tank fill time 11.4 minutes. Councilman Ledbetter seconded the motion. 3 o o Councilman Rotundo said that the Fire Dept. has funds to purchase this item and that at the present time they have to go to New Smyrna Beach to have the tanks filled. Bids are to be back by 4:00 P.M. April 20, 1979. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter:discussed the need for more culvert pipe. There was a discussion about the fund this money goes into and how the pipe is paid for. The Deputy City Clerk will check with May, Zima to reverse entries and set up a fund for the St. Dept. to buy pipe for culverts. Culverts are paid for before they are installed by either the owner or the builder. Councilman Sikes made a motion that the Council authorize the purchase of 22 12'x20. pipe from Florida Steel for $1,914.00. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that there was also a problem about installing culverts where they really were not needed. Mayor Christy said that the City Engineer was checking into this and would make his recommendations to the Building Official and the Council. Councilman Ledbetter said that the area around the Post Office was being paved and that the PD would see that the signs were changed. Councilman Sikes: made a motion that the Council revert back to the plan whereby any items to be on the agenda must be in City Hall before noon on Friday before the regular Monday Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes asked the Deputy City Clerk to explain the purchasing procedure for the information of the Council. Mrs. Kinsey said that the Department Head gets a purchase order and goes to the City Clerk for signature. The Department Head can purchase items under $1,000. Items over $1,000. must be approved by Council. Items over $2,000. must go out for bids. Councilman Sikes asked about the water pipes stored back of the old water plant. Mayor Christy said that we should check the zoning of this area. It is possible that a fence is required for this storage. Councilman Asting reminded the Council that they will be discussing bus service at the March 27, 1979 workshop. He asked the Mayor to invite Mayor Musson and the City Manager of New Smyrna Beach to that workshop. Councilman Asting made a motion that the City go out for bids for a hydraulic lift for the mechanics to repair City vehicles. Specifications would be obtained from the City Engineer. Bids should be back by 4:00 P.M. April 20, 1979. Councilman Ledbetter seconded the motion. Councilman Rotundo asked what department would pay for this? Councilman Asting said that since it would be used to repair vehicles from all departments, the cost should be shared. Upon roll call the motion to go out for bids CARRIED 5-0. City Attorney Judson Woods had no report. Deputy City Clerk Cornelia Kinsey had no report. 4 o o Mayor Christy read a request he had received from Mr. and Mrs. Powers on Riverside Drive to have the Council deed back the land on the east side of Riverside at the end of Orange Ave. to the abutting property owners. The City Attorney said that there were very few areas left, along the river, for public access. He recommended that the Council carefully consider retaining this property for public access. Councilman Ledbetter made a motion that the Council reject this request. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that we should have someone from Tallahassee here next week to inspect Menard Beach in connection with our request for a grant to purchase that property for recreational use. Mayor Christy said that he had information from the Florida Power and Light Co. concerning the installation of street lights in Edgewater. There would be no charge for installation, if the City agreed to maintain the lights for a period of at least 10 years. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up an ordinance assessing $1.00 per $1,000. on new construction for the purpose of establishing a fund to pay for street lights. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that for the past two years various City officials have been receiving harassing and unsigned letters. Through the investigation of our Police Dept., we have found out that the person responsible for these letters is Mr. Jim Murphy, a former employee of the City. Copies of the letters and the police report were given to members of the Council. The Mayor added that he would like the City to have an ordinance making it a misdeanor to harass public officials in this manner. City Attorney Woods said that he did not know if we actually needed such an ordinance or if it would stand up in court. Councilman Rotundo made a motion that the Council authorize the City Attorney to check into this and report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a 10 minute recess. Meeting called back to order. RESOLUTIONS None ORDINANCES The first reading of Ordinance 79-0-9 will be postponed until next week. OLD BUSINESS Mayor Christy said that the City needs to assign two people to the Water Quality Management Committee. Councilman Ledbetter made a motion that the City appoint Mr. Ken DeGroot, City Engineer, and Mr. Sebastian Siciliano, Vice Chairman of the Zoning Board, to this committee. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. 5 Q o Mayor Christy said that the City also needs to appoint two people to the Ad Hoc Construction BMP Committee for VeOG. At least one of these people should be from the construction industry. Councilman Rotundo made a motion that the Council appoint him and Mr. Milan Griffith to this committee. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the City also needs to appoint someone to work with the committee on the Storm Water Management regulations. Councilman Sikes made a motion that the Council ap~oint Mr. Schilling, Chairman of the Planning Board, to this committee. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Council discussed the application for a Home Occupational License for Mr. R. Olds to operate a clothing business from his mobile van. Mr. Olds spoke to the Council and said that he would use his home as an office. All clothin~ would be stored in the van and he would sell clothing to people by appointment. Mr. Jim Cameron spoke to the Council and said that he lives across the street from Mr. Olds and he has no objection to this type of business in the neighborhood. Councilman Sikes made a motion that the Council grant this Home Occupational License to Mr. Olds. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Walter Gross, Merit Board member, spoke to the Council. He said that Mr. Burgess, another Merit Board member, was in the hospital. Mr. Gross also asked the Council to take some action on the request from Mrs. Martin that the Merit Board be notified if personnel matters were going to be discussed at a Council Meeting. Mayor Christy said that the Merit Board would be furnished a copy of the agenda before the meeting. Mr. Gross also recommended that the Council consider placing the Audience Miscellaneous at an earlier spot on the agenda. He believes that many people might wish to address the Council but they get tired having to wait so long. Mayor Christy said that the Council has to stay through the whole meeting and he feels if the audience has comments to make to the Council that thew should also be willing to stay for most of the meetin9. Mr. James Mackie, Chairman of the Zoning Board, spoke to the Council concerning the locked'door at City Hall. He said he was refused admittance and told he had to have an appointment to see people in City Hall. He added that, as Chairman of the Zoning Board, he should not have to ask permission to enter City Hall. Mayor Christy said that Mr. Mackie was not refused entrance,but he was told that he needed to specify who he wished to see in City Hall. The Mayor read from the minutes of a Council workshop meeting where the Council discussed the disruptive effect so many people wandering in and out of City Hall have on the people trying to work there. It was the Council IS opinion that the door should be kept locked so that we can keep track of people going in and out of City Hall. NEW BUSINESS The Council considered an application from Mr. Coffey, 2111 Lime Tree Dr., for a tree trimming business. The home will be used for telephone calls only. 6 o o .. '.' .. Councilman Sikes made a motion that the Council table this for more information and have Mr. Coffey appear at the next meeting to explain this proposed business. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to adjourn the meeting. Councilman Asting seconded the motion. The meeting was adjourned. Nancy Blazi ~~ ? Minutes submitted (--\ '-'- :J "---./~ Councilman f . -r i:YcA'? ~ u counci()i ~ ~ / ATTEST: ~ ?l:~ Deputy City Clerk -/t~~ Councilman ~~ I Approved this March, 1979. day of ~/ Mayor 7