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08-13-1979 - Regular u o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING Jl.uqust 13, 1979 Mayor Christy called the reaular meetinq of the City Council to order at 7:00 P.M. in Edgewater Community Center. " RO L'L"'C'A'l L Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Astinq City Attorney Judson Woods Deputy Clerk Nancy Blazi Pol ice Chief Earl Baugh Present Present Present Present Present Present Present Present 'I NVOC.8.T I ON The Invocation was given by Rev. Hardin. SALUTE "TO FLAG 'APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the regular Council meeting of August 6, 1979. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. llILLS .I1.ND ACCOUNTS Councilman Sikes said that some of the accounts are overexpended but the bills have to be paid. He made a motion that the Council approve the bills for payment. Councilman Asting seconded the motion. Councilman Ledbetter said that $1659.72 had been spent for culverts. He was not informed about this purchase and he had been told that there was no money for this. The motion to pay the bills total $5,373.14 CARRIED 5-0. " COMMUN'l'CkT'lON S The Council considered an application from Wayne Morse for a Home Occupational License for a boat motor repair service. The Council discussed this application and asked ~1r. Morse about storing of parts and the type of repairs he would be doing. Mr. Morse stated that the parts were all small and would be in his 9arage. There would be no outside storage of parts. Councilman Ledbetter made a motion to deny this application. A repair shop does not belong in a residential area. Councilman Sikes seconded the motion. Councilman Asting suggested that Mr. Morse rent a small building in one of the commercial areas. It would be a much better place for a repair business. Upon roll call the motion to deny this application CARRIED 5-0. The Council considered a letter from Donald Rudd requesting permission to park a tractor trailer at his home during the weekends. Mr. Rudd said that he works all week and is only home on the weekends and he does not have any other place to park his vehicle. u o Chief Baugh said that this was aDainst regulations and that if they allowed one person to do this then there would be a lot more that could ask for the same privilege. Councilman Rotundo made a motion that the Council deny this request. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Astina said that there are several contractors living in the Florida Shores area that park large vehicles at their homes. Chief Baugh said that anything over ~2 tons cannot be parked in a residential area. The Council considered a letter from Mr. Lewis Cotter regarding the condition of buildings at property on Marion Ave. Mr. Cotter said that most of the buildings were falling down and there were rats in the area. He has spoken to the Building Official about this and has complained about this condition for a lona time but nothinq has been done to correct it. - - Mr. Murphy said that the owner has been given notice. He understands the property has been or is in the process of being sold and there may be a new business there soon. The prospective owners have indicated they will tear down most of the buildings and repair the others. Mr. Woods suggested that the Council let him contact the owners to find out what can be done and he will report back to the Council. If they are not planning to do anything soon then we can give them notice that the City will take care of this and charae them. There is a proper procedure to follow and he would like to check with the Building Official to make sure we follow the proper procedure. Councilman Ledbetter made a motion that the Council allow the City Attorney to contact Mr. Smith and work out the details to correct this condition or the Cuty will take condemnation procedures. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered a letter from the Zoning Board requesting authorization for the City Attorney to draw up an ordinance establishing a MH~S zoning classification for the mobile home parks in Edgewater that are currently non-conforming. Councilman Ledbetter made a motion that the Council authorize the City Attorney to draw up the necessary ordinance for an MH-S zoning classification to make the mobile parks conforming, as if, and any expansion would have to comply with Ord. 880. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that he would file a conflict of interest paper. The Council considered letters from the Planninq Board and the Zonina Board recommending that the Council accept property adjacent to Glenwood Ave. belonging to Mr. Rowley to be annexed into the City under R-1 zonin9. Councilman Sikes made a motion that based on the recommendations of the Planning Board and the Zoning Board, the Council accept this property for annexation under R-1 Zoning. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS 'Councilman Rotundosaid that tomorrow morning (Aun. 14) there would be a meeting between the Assistant County Manager, Mr. Hetrick, County Coucilman Mann, Fire Chief Foster, Mr. Bevel of the Rescue organization the Mayor and himself to discuss county fire district. There was some discussion among the Council about the proposed fire district and also whether E.V.E.R. would be included in that proposal. 2 o o Councilman Rotundo will bring up some of the questions asked by the Council when he talks with the County representatives tomorrow. Councilman Ledbetter no report. Councilman Sikes no report. Councilman Asting asked if a letter had been sent to Florida Power and Light concerning the installation of new street lights. Mayor Christy said that the letter would be sent this week. Councilman Asting said that in reference to the DER application for operational permit, there was a digestor that we had to send out for repair and we haven't been able to install it yet because of the weather. It has to be installed in dry weather conditions. Also in reference to the insurance claim, Mr. Feeney had replied to the insurance company but did not get an answer concerning the information that the insurance comoany needed. We have finally received this information and the matter is being taken care of. M~\' Woods asked how close we were to completion of the water treatment plant? Councilman Asting said that we were waiting to hear from Layne Atlantic to set up an inspection with Briley, Wild and our City Engineer. ~e should have heard from them today but we expect they will get in touch with us shortly for a final inspection. There were some minor problems that had to be corrected. Mayor Christy su~gested that the Council consider a State audit of our budget. Councilman Asting said that he had checked on this and contacted the auditor General's office. A request for a State audit would require a petition of 20% of the citizens. This petition would be sent to the auditina committee who would decide whether to hold an audit or not. If they didVthe audit, it would cost the Citv at least $20,000 and could run as high as $30,000. If the Council wishes to pursue this, he recommends that he be paid for from the Parks and Recreation Fund. Councilman Ledbetter said that being as we are so disgusted with the audit that Brent Millikan made a few weeks aqo, and I have heard it hashed over here that this is wrong and that is wrong, I make a motion we ask the Volusia County Grand Jury for a complete investi0ation of the Edgewater activities for the last two years. We should write a letter to the foreman of the Grand Jury. Councilman Sikes seconded the motion. Mr. Fredericks asked what this would cost the City. He said that if there was a cost, the citizens should know about it. Councilman Asting said that the information he had ~iven concerned an audit, he does not know if there is any cost to a ~rand jury investiaation. Councilman Ledbetter said that he didn't know if the Mayor meant that we had committed a criminal act or not but that is the purpose of the Grand Jury to find out if we have then weill face the music. If we haven't then we can put all these questions to rest. Mr. Woods said they should contact the State Attorney. If he feels that this warrants action he will bring it up before the Grand Jury. Mr. Bevel said that by asking for Grand Jury investigation, the Council insinuates wrona doina or criminal action. Does the Council consider that someone has com~itted a criminal action or are you saying that you are not satisfied with the audit. We may make mistakes, but do we really have a crook on our Council? This would mean very adverse publicity for the City and the Council should try to resolve this without going to a Grand Jury. Mr. Opal said that they should have an invest,'aat,'on If th ere have been any criminal acts, they will find out about it~ . 3 ~ ~ o Mr. Woods said the request for an investigation of Edgewater actYvities was rather broad. They should have specific allegations~so that the State Attorney knows what to look into. Councilman Ledbetter said to let his motion go as stated. Upon roll call the motion CARRIED 5-0. -RESOlU1I~NS The City Attorney read Resolution No._79-R-74 A RESOLUTION APPOINTING CORNELIA A. KINSEY AS CITY CLERK OF THE CITY OF EDGEWATER~ FLORIDA, PROVIDING THAT SHE SHALL PERFORM ALL DUTIES AS REQUIRED OF HER BY THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, AND ALL STATE AND FEDERAL LAWS; PROVIDING THAT SHE SHALL PERFORM SUCH ADDITIONAL DUTIES AS MAY BE SPECIFICALLY ASSIGNED TO HER BY THE EDGEWATER CITY COUNCIL; REP~ALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIV~ DATE. Councilman Rotundo said that he had been told that Mrs. Kinsey would not accept the position for $12,000. Councilman Ledbetter said that Mrs. Kinsey had told him the same thinq but prior to the Special Meeting last Thursday, he thought the only request she had was that she would not have to attend night meetings. He did not know about the salary. Mrs. Kinsey makes $11,300 now as the operator of the computer room and with $12,000 for the next 7 weeks he doesn't see that there is anything wrong with that salary. He added that Mrs. Kinsey told him that she had informed a couple of Council members prior to last Thursday's meeting that she wanted $13,000. Mayor Christy said that Mrs. Kinsey had told him about the $13,000 but that he forgot to bring it up at the Thursday meeting. Councilman Ledbetter said that the original salary was set at $11,500 the same that Mr. Weser was getting. The salary was then raised to $13,000. Mayor Christy said that they hired Mr. Weser at 11,500 and then promised him at the end of 90 days he would be getting $12,500 net. This would amount to considerably more than $13,000. Mrs. Kinsey is qualified. Councilman Ledbetter said that he realized we were in need of a City Clerk and that the budget had to be prepared. He did not like to feel the Council was being taken advantage of with the amount of money that was involved. If he had been informed ahead of time, he would not have any reservations about this, but now he has reservations. There was some discussion about the fact that Mrs. Kinsey would not meet at night. This would be difficult for the Council especially during budget meetings. Councilman Rotundo made a motion to reject this resolution and keep Mrs. Kinsey as Deputy City Clerk. Councilman Ledbetter seconded the motion. He added that he had made a motion to have Mrs. Kinsey act as City Clerk and that would still be in effect. Jim Cameron said that there was a gentleman in the audience, Mr. Wharton, who was working for $1.00 a 'year on a temporary basis. Mayor Christy said that this had nothin9 io do with the motion. Upon roll call the motion CARRIED 5-0. In view of the above vote, the other resolutions pertaininq to signatory and Deputy City Clerk were not read. ~RDINANCES None '-OLD BUSINESS The Council discussed. the storao..e problem fEVER or and the Police. n o o There was a discussion about the lack of space and the possible necessity of microfilming some of information stored at City Hall. Mayor Christy said that he thought Mr. Bevel and Chief Baugh should be able to get together and work this problem out satisfactorily. The Council considered the supervisor's salaries and overtime. Councilman Asting read a prepared statement concerning the overtime paid to some supervisors. The statement is attached to the original minutes of this meeting. Mr. Asting stated that payroll was not his job and that if certain supervisors received overtime then the fault was in the administrative department. Councilman Asting continued by saying that he would like to make a motion appointing Terry vJadsworth as supervisor with res~onsibility for water system and facilities at an annual salary of $11,128. Also appointing Kevin Bosse as supervisor with responsibility for wastewater system and facilities at an annual salary of $11,128 and also settin9 William Feeney's annual salary at $11,128, Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5~O. The Council considered Ordinance 79~O-24 amending the General Fund Budget, Councilman Rotundo made a motion that the Council adopt this ordinance on an emergency basis (first reading), Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. AllDIENCE MISCELLANEOUS Jim Cameron spoke to the Council about hiring ~r. Wharton on an interim basis. He added that Mr. Wharton would be an asset to the City. Mr. Fredericks asked about the tanker from the Forestry Dept. Mayor Christy said that .: it needed a lot of repairs so the Forestry Dept. took it back and gave the City another tanker. Mr, Opal spoke to the Council about Mr. Wharton being appointed as City Clerk. Mr. Vasquez spoke to the Council about the imoact and development fees. He wanted to know if these were two different fees. Mr. Woods said that they were the same. Mr. Vasquez said that the ordinance requirinq a development fee means that whenever water or sewers are extended into an area the home owners no matter how long they have lived there will have to pay this development fee. Do we pay this prior to a front foot assessment? Mr. Woods said that the develooment fee has nothinq to do with a front foot assessment. The development fee comes into effect when the house wants to come on the service. Councilman Asting made a motion that the Council hire Mr. Wharton on an interim basis to help us with preparin9 the budget and other administrative matters which fall to a City Clerk which we do not have at the present time. The motion died for a lack of a second. 5 \ o o '- " N [1.1 BUS I N E S S The City Attorney has recommended that the Council consider an amendment to the Subdivision Ordinance concerning the public sites and open spaces. The Council has not had time to study this recommendation and it wi 11' be on the next agenda. Councilman Ledbetter made a motion that the Council return to meetings every other Monday with Workshop meetings on Thursday before the regular meeting. The motion died for a lack of a second. Councilman Sikes made a motion to adjourn the meeting. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy B1azi Mayor v 7~ ~Cl-~' Councilman ~ ~ ATTEST: b!~( jl; ft. p pro v e d t his J d ~a'y 0 f Au 9 u s t, 1 9 7~q . ? ~~ Mayor 6 ~';, '~~ r'? F ~