09-10-1979 - Regular
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CITY OF EDGEWATER
CITY COUNCIL REGULAR MEETING
Seotember 10, 1979
Mayor Christy called the regular meeting 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 Joseph Herget
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION
The invocation was given by Rev. Higgs.
SALUTE T0 FLAG
APPROVAL OF MINUTES
Councilman Ledbetter made a motion that the Council apnrove the
minutes of the August 20,21 and 27, 1979 meetings. Councilman Sikes
seconded the motion. U~on roll call the motion CARRIED 5-0.
'B'tLLS AND ACCOUNTS
Councilman Sikes made a motion that the Council approve the bills
for payment total $9,148.38. Councilman Ledbetter seconded the
motion. Unon roll call the motion CARRIED 5-0.
C 0 ~1 M U N'I CAT ION S
The City Clerk read a letter from the Board of Governors recommendina
that the Council permit the use of the Community Center for Bingo '
games to be sponsored by the Humane Society. These games would be
held on Saturday. The Humane Society may use the Community Center
as long as no other activity'!is scheduled.
Councilman Astinq made a motion that the Council acceot the Board
of Governors recommendation and permit these Binqo games to be sponsored
by the Humane Society to raise money. Councilman Rotundo seconded
the motion. Upon roll call the motion CARRIED 5-0.
The Humane Society will be expected to pa~ for the use of the
Community Center.
The City Clerk read a letter from the Edqewater P.T.A. reQuestina
permission to use the ballfield at the E~ementary School ior a -
circus.
Councilman Ledbetter made a motion that the Council orant this permission.
Councilman Astin9 seconded the motion.
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Councilman Sikes said that the City should check out the insurance
coverage. The organization that is nuttinq on the circus should have
insurance coverage, the City should ~ot be-held responsible.
Mr. Woods said that they should have from $100,000 to $300,000 public
liability insurance.
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Councilman Ledbetter amended his motion to add that permission
would be 9ranted by the Council providing we sign the contract
for the ballfield with the County. Councilman Astinq seconded
the amended motion. Upon roll call the motion and the amendment
CARRIED 5-0.
The City Clerk read a letter from Lone Star requesting permission
to build a fence on Flagler for security reasons.
There was a question concerning where the City prooerty ends and
Lone Star property begins.
Councilman Rotundo made a motion that the Council table this
for further study. Councilman Ledbetter seconded the motion.
Mr. Woods said that the City should make sure where Lone Star
plans to put this fence.
Mayor Christy said that Lone Star had contacted him in regard
to paving some of Flagler Ave. They hope to begin paving sometime
soon and Lone Star will notify the City when this work is started.
Upon roll call the motion to table CARRIED 5-0.
The City Clerk read a letter from the Friends of the Library
requesting a donation of $300 for the Art Folk Festival on
October 10, 1979.
Councilman Rotundo made a motion that the Council arant this
re~uest. Councilman Ledbetter seconded the motion: Upon roll
cail the motion CARRIED 5-0.
The City Clerk read a letter from Ponderosa Homes reouesting that
an alleyway in Florida Shores between Fern Palm and Guava be opened.
Councilman Sikes made a motion to refer this to the Street Dept.
Councilman Ledbetter said that he has already checked this out.
They have a 15 to 20. easement. It would not be difficult to open
this up. It is a dedicated alleyway.
Councilman Sikes withdrew his motion.
Mr. Woods said that he would like to have this tabled until next
week so that he could get more information.
Councilman Ledbetter made a motion to table this request until
the City Attorney can check this out and look at the plat. Councilman
Sikes seconded the motion. Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Merit Board reauesting that
the Council approve the Merit Board's By-Laws.
Mr. Woods said that in Article 6.B, Special Meetin9s, the by-laws
state that three members can call a snecial meetinq. This is in
violation of the Sunshine Law. The Merit Board should choose a Vice-
Chairman and possibly an acting Chairman who would have authority
to call a Special Meetina if the Chairman is absent or does not choose.
to call a Special Meetin9. The Chairman has the authority to call
a Special Meeting.
Councilman Rotundo made a motion that the Council table this and
return the Bv-Laws to the Merit Board for correction. The Merit
Board can then re-submit the By-Laws to the Council for approval.
Councilman Sikes seconded the motion. Upon roll call the motion
CARRIED 5-0.
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COORDINATORS REPORTS
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Co u n eil man Rot u nd 0 t old the C 0 u n c i 1 t hat the con t r act for the G rea t e r
Edgewater Fire District had been returned to the City. The Councilmen
have been given copies and he would like them to study the contract
for discussion at the next workshop.
Councilman Rotundo also asked if anything had been done about the
shrubbery that is obstructing the view at the corner of Rio Vista
and Riverside Drive.
Councilman Ledbetter said that they have determined that this
shrubbery is on City property. If the Council authorizes removal
of the shrubbery, the Street Dept. can take care of this right away.
Councilman Rotundo made a motion that the Council authorize this
work and get it done right away. Councilman Sikes seconded the
motion.
There was a rather lengthy discussion concernina the removal of
this shrubbery, whether the owners should receive written notice
and who should pay for the work.
Mr. Woods said that if the shrubbery is on City pronerty, the City
should assume the cost of the removal.
The Police Chief will notify the property owners that the work will
be done sometime during the week.
Upon roll call the motion to get the work done CARRIED 5-0.
Councilman Ledbetter told the Council that there was a problem on
17th and 18th streets and some other streets concerning cUlverts that
are cavinq in. The culvert material has rotted and after the storm
several of them caved in. There are going to have to put in new
culverts.
Chief Bau0h said that a state reoresentative had been in the City
after the hurricane and took some pictures of some of the areas that
were damaged by the storm. If Edgewater is included in an area
that is eligible for state or federal funds we should get some money
to fix the damage.
Mayor Christy will call the State DOT to get more information on this.
Councilman Rotundo suggested that the Chief take some pictures of
some other areas in the City in case we need proof for possible future
reimbursement.
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Councilman Ledbetter also told the Council that the City has a real
problem regarding the large amount of trash that has accumulated.
There is an unusual amount of debris allover the City as a result of
the hurricane. He would like to have the trash and street department
employees work overtime at least two extra hours each day and all day
Saturday to get this cleaned up.' -'
Mr. Heraet said that he would have to check on whether or not there
would be funds available to pay this overtime.
There was a discussion concerning the use of City trucks and the
additional cost in overtime.
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Councilman Rotundo made a motion that the Council authorize this
cleanup of the City. Councilman Ledbetter seconded the motion. Upon
roll call the motion CARRIED 5-0.
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Councilman Sikes said that the City should make the bridge into
New Smyrna Beach at least passible and safe for walking or bicycles.
Mayor Christy said that he was meeting with Mayor Musson in the morning
and ~ould discuss the repair of this bridge. Maybe New Smyrna might
furnlsh the material and we could furnish the labor.
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Councilman Sikes asked if all the wells were working.
Councilman Astinq said that all the wells were on line.
Councilman Asting gave copies of information on Lift Station No.
4 to the Council. He has already discussed this with the attorney
to find out about procedures for getting this line buried permanently.
He spoke to Mr. Armstrong and it seems as if the best way would be
to go down Cheeta Drive to Old County Road and along Old County Road
to the manhole at the foot of Pearl St. The broken lines on the map
show the real Old County Rd. and the shaded lines show the existing
Old County Road as traversed. This property is divided between the
Mosers and the Hatfields and the true location of Old County Road cuts
across the front of the property. He has asked the City Attorney to
find out if we could make some kind of a swap to give the City right-
of-way where Old County Road is now being traversed and then the City
could abandon the true right-of-way.
Mr. Armstrong talked to the Council concerning this property, the
previous owners and the sale of the property.
Councilman Rotundo suqaested that we put in the pipe where Old
County Rd. originally-was.
Councilman Asting said we should get the right-of-way along the
road. The Attorney is checking on this.
City Attorney no report.
City Clerk no report.
Mayor Christy told the Council about self insurer's program for
liability. The County has this program and it could save the City
money. He would like to set up a workshop to have this program
explained to the Council.
Councilman Asting suggested that the Council wait until after the
budget workshops and hearings.
Mayor Christy told the Council that he had written to Florida Power
and Light thanking them for all the work they did in the City during
the hurricane.
Mayor Christy also mentioned a seminar in 'Orlando concerning the
trust funds on retirement. The seminar is Sept. 13~ 1979.
Councilman Rotundo made a motion that the Council authorize the
City Clerk and the Police Chief to attend this seminar. Councilman
Sikes seconded the motion.
Mr. Herget said that he could not possibly go to this seminar this
~ week. Chief Baugh also said that he had previous commitments.
Councilman Rotundo withdrew his motion and Councilman Sikes withdrew
his second.
Mayor Christy said that he will try to get some written material on
the subject.
RESOLUTIONS
The City Attorney said Resolution No. 79-R-84 had been written so
that the Council could appoint an additional person to the Board of
Adjustment.
Councilman Rotundo made a motion that the Council appoint Gary Robison
to the Board of Adjustment. Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
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The City Attorney read Resolution No. 79-R-84.
A RESOLUTION APPOINTING HENRY C. SLOAN AND GARY W. ROBISON TO THE
EDGEWATER BOARD OF ADJUSTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Councilman Ledbetter made a motion that the Council adopt this
Resolution. Councilman Asting seconded the motion. Upon roll call
the motion CARRIED 5-0.
The City Attorney read Resolution No. 79-R-85.
A RESOLUTION APPOINTING JOSEPH McEVER TO THE EDGEWATER BOARD OF
GOVERNORS; 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 5-0.
Mayor Christy called a brief recess.
Meetin~ called back to order.
ORDINANCES
The City Attorney had requested that Ordinance No. 79-0-25 a new
Sign Ordinance be placed on the agenda.
Members of the Realtors Board had written to the Council requesting
time to study the Sign Ordinance and make recommendations for possible
changes.
Councilman Ledbetter made a motion that the Council table this
Ordinance for further study to give the public time to make any
comments or suqaestions and to consider a public hearing for this
ordinance. Councilman Rotundo seconded the motion.
Mayor Christy requested that copies of the ordinance be posted and
also that letters be sent to contractors telling them that copies
of the ordinance are available for review at City Hall. Also the
City Clerk should send a copy to the Realtors Board and the Chamber
of Commerce.
Mr. Woods said that the City needs a comprehensive sign ordinance.
Mayor Christy said that the Council would probably have to hold a
workshop sometime around the middle of October. He requested that
written comments be sent to the Council before October 18th.
Mr. Griffith, Chairman of the Building Code Board, requested conies
of any letters sent to the Council reqardin9 the Sign Ordinance.
Upon roll call the motion to table CARRIED 5-0.
OLD BUSINfSS
Mayor Christy said that work was supposed to start on the Smith property
on Marion Ave. this coming Wednesday.
The Council considered the contract with the County for the ballfield.
Mayor Christy said that the County had changed to reverter clause
and wanted the area turned back to the County in 25 years. He believes
that we should insist on the 99 year lease. He said that if the
Council approved, he would 0et with the Attorney to work this out.
There were no objections from other Council members.
AUD1ENCE MISCELLANEOUS
There were no comments from the audience.
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N 01 BUS I N E S S
None
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Mayor Christy announced that there would be a budget workshop on
Wednesday, Sept. 12, 1979.
Councilman Ledbetter made a motion to adjourn. Councilman Sikes
seconded the motion. The meeting was adjourned.
Minutes submitted by:
Nancy Blazi
ATTEST:
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Approved this ~//day of
September, 1979.
Mayor
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Councilman
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Council a ;r
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