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09-10-1979 - Regular o o 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. ...,r" 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. o o 2 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. u. o 3 , COORDINATORS REPORTS , ,. 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. ~ 0- \ 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. ~ """ ~ 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. ~ 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. u o 4 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. o o 5 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. . .. () N 01 BUS I N E S S None o 6 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: iy1L-!~ f1! Approved this ~//day of September, 1979. Mayor btc-~:5e J , " Councilman . 71)f-t:;; Council a ;r ~. / ~ " ~ 7;~