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03-12-1979 - Regular ~ Q o '~~,. #fJ ... .... .~h ~J~~ "..' ~"h:,,:,,)j~ 'fb .. , CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING March 12, 1979 Mayor Robert 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 City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Councilman Walter B. Sikes. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to approve the minutes of the March 5, 1979 regular Council meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes asked about the bill to replace a radiator. Chief Baugh said that this was for car No. 306. They had found out it was actually less expensive to replace the radiator than to have it repaired again. COMMUNICATIONS The City Clerk read a memo from the Edgewater Zoning Board requesting that the Council consider and approve the revised By-Laws of the Zoning Board. Mayor Christy said that he believed there should be some additions and changes primarily the fact that it should be stated clearly that the distribution of agendas and minutes for Zoning Board Meetings include City Hall. There were some other changes that the Mayor suggested. Councilman Rotundo made a motion that the Council table this until the March 27, 1979 Workshop for more detailed review. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that in regard to the March 27th workshop, he would like to have representatives there from New Smyrna Beach to discuss the bus service. The City Clerk read a memo from the Zoning Board concerning zoning violations and a request that the Zoning Enforcement Official review the 880 Ordinance and enforce some of these violations. u u Councilman Asting made a motion that the Council have the Buildina Official and the Police Chief check into this and enforce the - thirty (30) days notice. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Zoning Board concerning the proposed rezoning of property zoned RR-PUD (Planned Unit Development) to R-1 (Single Family residential). The Zoninq Board held a Public Hearing on February 20, 1979. At that meeting, it was obvious that it was the unanimous opinion of the audience that this area should be rezoned R-1. The Zoning Board recommended that the Council rezone this property to R-1. Councilman Asting made a motion that the Council accept the Zoning Board recommendation and rezone this property except for the area zoned B-3. Councilman Ledbetter seconded the motion. There was some discussion about this property. It belongs to Mr. Harold Caldwell. It was zoned RR-PUD before the 880 Ordinance and Mr. Caldwell presented plans that wer~ approved. After 880 Ordinance was passed the property was again zoned RR-PUD with the provision that if the property was not developed during a period of 12 months, it would be necessary for the owner to reapply for the PUD zoning. However, Mr. Bryant, former City Manager, had written to Mr. Caldwell to tell him that this yearly application was not necessary. Mr. Woods said that we could not rezone the property back to what it was before 880 because it was already zoned PUD. He also reminded the Council that they would need to hold a Public Hearing on this proposed rezoning. Councilman Asting withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Asting made a motion that the Council accept the recommendation of the Zoning Board and consider this proposed rezoning at a Public Hearing within thirty (30) days. The date for the Public Hearing will be April 16, 1979 at 6:30 P.M. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Zoning Board requesting that, in view of the high cost of advertising, the Council consider authorizing that any pe~son(s) re~uesting rezo~ing that ~ffects an area totaling more than 5% of the total land area of the City which requires the expensive advertising and Public Hearings, would have to assume full financial responsibility for the advertising and administrative costs. Councilman Asting made a motion that the Council accept the Zoning Board recommendation and that the cost of Public Hearings for rezoning where more than 5% of the total land area is involved will be borne by the applicant. Councilman Rotundo seconded the motion. Councilman Ledbetter said that the majority of the people in Edge- water had nothing to do with the passage of Ordinance 880 and there were many mistakes made in this ordinance. It is not fair to expect these people to bear the brunt of the cost of these mistakes. Councilman Sikes said that we must determine the total land area and the percentage of the various zones so that we could know when more than 5% is involved. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. The City Clerk read a memo from the Police Chief requesting that the Council consider requiring all houses in Edgewater to be properly and clearly numbered. The Postmistress Mrs. Brown spoke to the Council and said that the Post Office has not always enforced their regulations concerning house numbers but the town is growing and this is very important. If the Council would authorize an ordinance requiring proper numbering it would give the Post Office extra assistance in enforcing regulations. 2 (.) Q Councilman Asting said that any such ordinance should apply to all buildings fronting on public streets. Mr. Woods requested that the Council table this so that he could study the proposal and report back on the best way to accomplish this requirement in the City. The Council agreed to table this for a report from the attorney. The City Clerk read a memo from the Building Official requesting that the Council amend the Building Ordinance Section 1302.5 (g) to require a minimum of 20" for the floor height of a residential building above the crown of the nearest paved road and 24" above the crown of the nearest unpaved road. Mr. Murphy believes this would improve the septic tank performances.. Councilman Asting made a motion that the Council accept the Building Officials recommendation and authorize the City Attorney to draw up the amendment to reflect this change. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from property owners of the Neptune Drive area requesting a change in zoning classification of certain lots fronting on the West Side of Neptune to their former residential status. Councilman Ledbetter made a motion that the Council send this to the Zoning Board for their recommendation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Layne Atlantic requesting an extension on the completion date for the Water Plant. The Council discussed this extension with Mr. Taylor, representative of Layne Atlantic, and Mr. Cross, representative of Briley, Wild. Councilman Asting made a motion to grant the requested extension. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo told the Council that Chief Baugh would like to have authorization for the State DOT to make a traffic study of two areas specifically 442 at U.S. 1 and the area in front of Winn Dixie. The DOT will not make this study without Council authorization. The Council would need to pass a resolution. Mayor Christy said that he was concerned about the clause in the resolution that states the City would bear the cost of any traffic lights that might be installed. Chief Baugh said that he had been told it might be possible for the City to get some financial assistance towards the installation of traffic lights. Mr. Woods suggested that Chief Baugh check to find out if the DOT would make the study if the Council passed a resolution without the installation clause. Chief Baugh said he would check on this and report back to the Council. Councilman Ledbetter said that, weather permitting, Mockingbird Lane will be paved this week. Councilman Sikes: asked if something was being done about the sink holes on Thomas and Mango. Mayor Christy said he believed the Street Dept. was trying to get these fixed. Councilman Asting: made a motion that the Council go out for bids for 6" PVC pipe. The WjWW Dept. should buy these by the truckload to save money. Bids should be back on or before March 30, 1979. 3 (.) U Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that some pipe ordered in October of last year and delivered to the City never had a purchase order. We are being billed for this pipe but cannot pay the bill without a purchase order. The Council was given copies of a memo from Terry Wadsworth explaining that proper purchasing procedures were virtually non-existant at the time of this purchase and no guidelines had been set to provide for uniform ordering. Mr. Wadsworth did sign the invoice when the pipe was delivered and the pipe has since been used. Mr. Wadsworth believes the pipe was ordered with the understanding that a purchase order would be issued and there was obviously a dual error in procedure by both the City and the vendor. Mr. Asting said that he had no reason to doubt Mr. Wadsworth's explanation or honesty and that therefore he would like authorization for a purchase order to cover this back order. There was some discussion among the Council concerning this request. Councilman Asting made a motion that the Council authorize the City Clerk to issue a purchase order for this pipe and pay the bill. A copy of Mr. Wadsworth memorandum should be attached to the purchase order. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. City Attorney Judson Woods told the Council he had drawn up an ordinance prohibiting the dumping of harmful materials into the sewer system. He has given this ordinance to Mr. DeGroot for study- and comments. After any additions or changes are made, the ordinance will be presented to the Council for their approval. The City is being sued in connection with the sign ordinance which prohibits billboards within the City. This suit will go to court soon. City Clerk Mr. Wharton told the Council that petitions for the forthcoming elections may be picked up by Sept. 7, 1979 and must be returned by Sept. 27, 1979. The primary election is on Tuesday October 23, 1979 and the General Election is on Tuesday November 6, 1979. t~ayor Chri sty who will take St. Dept. He Course. said that he had received the names of employees the first aid course from the WjWW Dept. and the still needs someone from City Hall to also take the Mayor Christy also said that the MPO Board will send a resolution to the Governor requesting that Edgewater be put on the Board. Mayor Christy said that Richard Diamond had told him that he would be unable to work for the City even part time. The City needs a City Planner. Councilman Rotundo made a motion that the City advertise for a City Planner, salary negotiable. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution No. 79-R-35. A RESOLUTION GRANTING A SPECIAL EXCEPTION TO HAROLD BROWN FOR THE PURPOSE OF SETTING UP A USED CAR LOT ON LOT 2, UNSER SUBDIVISION, AS PER MAP BOOK 19, PAGE 295, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, PROVIDING FOR CERTAIN CONDITIONS FOR THE GRANTING OF THE SPECIAL EXCEPTION, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion to adopt this resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 4 w u The City Attorney read Resolution No. 79-R-36. A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA PERTAINING TO INJURY AND DISABILITY LEAVE OF THE EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this resolution. Councilman Astinq seconded the motion. Upon roll call the motion CARRIED 5-0. - . The City Attorney read Resolution No. 79-R-37. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING THE ACTION OF THE EDGEWATER BOARD OF ADJUSTMENTS IN CLARIFYING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA OWNED BY ECKHARD WEISENBERGER TO BE ZONED AS R-3, REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt this resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-8. (First 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 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. There was some discussion among the Council concerning the taping of meetings. Councilman Sikes said that he did not believe this ordinance was necessary. There could be problems if more than two meetings were scheduled or if there were power failures. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. OLD BUSINESS Police Dept. Insurance: Chief Baugh said that he had received a proposal from Mr. Watkins of Tumblin Ins. for coverage with Monticello Insurance Co. The policy would be for $1900.jyear. Mr. Watkins spoke to the Council and said that he had tried to get a couple of proposals but there was not enough time. He can act as an agent for Monticel"lo and this is a $1,000. deductible policy. Councilman Sikes made a motion to authorize Tumblin Insurance, Mr. Watkins as agent for the policy from Monticello for $1900. a year and authorize the City Clerk to pay the bill. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. R. Olds, Home Occupational License for Mobile Van Clothing Business. Councilman Rotundo made a motion to table this until the Council can get more information from Mr. Olds on this business. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. James Nichols, Civil Defense Coordinator, requested that the Council consider purchasing two vehicles from Stark. One of the 5 . o Q vehicles is a truck that needs a back box. It is selling for $200. The other vehicle is a station wagon with 32,000 miles on it and that is selling for $500. He has put a hold on these vehicles until the Council makes a decision. Councilman Asting made a motion that a representative from the Water Dept. go up to Stark with a City mechanic and be authorized to purchase these vehicles, if they are in good condition. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. NE\~ BUSINESS Councilman Asting made a motion that the City advertise for a City Clerk/Administrator, salary negotiable. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that at such time a City Clerk is hired, Mr. Wharton would remain for three additional months. He will then have worked a period of at least six (6) months and would be entitled to a weeks vacation. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy brought up the subject of people swimming in the lakes in Florida Shores. He does not believe some of these lakes are fit to swim in. Councilman Ledbetter made a motion that the Council authorize the attorney to check into any possible ordinances we might have or what regulations we could set concerning swimming in the lakes. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to adjourn the meeting. Councilman Sikes seconded the motion. The meeting was adjourned. Minutes Submitted by: Nancy Blazi ATTEST: ~~~ ':::i>-=- t' v T f C i t Y C 1 e r k '~~L Coune, m n / Approved this t~arch, 1979. day of ~ ~1ayo r 6 ~- r- p~ ~ ~