Loading...
07-23-1979 - Regular u Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 23, 1979 Mayor Robert H. 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 I. Woods City Clerk Richard L. Weser Police Chief Earl Baugh INVOCATION Present Present Present Present Present Present Present Present The invocation was given by Rev. Thompson. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the Public Hearing and Regular Meeting of July 16, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-2. Councilmen Asting and Ledbetter voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Councilman Ledbetter asked about the bill for American Hardware. Mayor Christy said that this was for all departments. Councilman Sikes asked about the pooled cash. Mr. Weser said that he had moved all monies from checking into savings accounts. He transfers only the money necessary to pay the bills. This is a way for the City to earn some extra money through interest. Upon roll call the motion to pay the bills CARRIED 4-1. Councilman Asting voted NO due to absence. ~ COMMUNICATIONS The City Clerk read a letter from William Wright acting as an agent for J. W. Rowley who is requesting annexation of property that borders the City of Ed~ewater. Councilman Ledbetter made a motion to table further study. We are skipping around down continuous annexation from the City limits. the motion. this request at this time for in that area without a Councilman Asting seconded Councilman Ledbetter said that he was not against annexation but he would like to see the City pick up property from the existing City limits and go in a continuous form instead of skipping around. Maybe we should set a workshop meeting to go over the requests for annexation and try to work it out so that we can expand in an orderly and continuous manner. u <J Councilman Sikes said that he believed this area was between Silver Ridge and that former PUD area. He suggested that Councilman Ledbetter amend his motion to send this request to the Zoning Board and the Planning Board. Councilman Ledbetter made a motion to amend his motion to table, adding that this request should be sent to the Zoning Board and the Planning Board for their review and recommendation. Councilman Sikes seconded the motion. The City Attorney said that the owner should sign a oetition for annexation. He added that the Zoning Board will have to determine the zoning of this area before it is annexed. Upon roll call the amended motion CARRIED 5-0. Upon roll call the original motion CARRIED 5-0. The City Clerk read a memo from the Board of Governors and Recreation requesting some repairs be made to the handball court. Councilman Rotundo made a motion that the Council authorize the Mayor to take care of this. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Frank Opal requesting to speak to the Council concerning Chapter 119~ State of Florida Public Records and some of its sub-sections. Mr. Opal spoke to tbe CQuncil concerning the fact that information on Permit No. 2367 was missing from the Building Officials files and was not available at the Special Meeting of the Council on July 19, 1979. He said that no one tried to find out about this file. He also said that he was ignored at the meeting when he raised his hand to speak. He said this was a violation of sub-section 119.021 which stipulates the custodian of records which in Edgewater is the City Clerk. Mayor Christy said that the file was on Mr. Murphy's desk and we did not know that at the time. Mr. Murphy has since shown the file to the City Clerk and the Mayor. If Mr. Opal believes there has been a violation, he should see the Statels Attorney. COORDINATORS REPORTS Councilman Rotundo read a letter from the Police Dept. of New Smyrna Beach commending Edgewater Police Office Bucky McEver for the fine job he did in locating and apprehending a suspect in an attemped rape case. Councilman Asting made a motion that this letter be included in Officer McEver's personnel file. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter - no report. Councilman Sikes - no report. Councilman Asting said that he wanted to report to the Council some of the expenditures in the Water and Wastewater Department, to date. These are for repairs and maintenance to our water and sewer systems. We were budgeted in the Wastewater Dept. $1500. for repairs for the fiscal year. So far we have spent $22,524. and these were all for emergency repairs to the sewer system. In the Water Dept. we were budgeted $1800. and we spent $28,125. Approximately, $19,000 of this was for the recarbonation unit. These departments were severely underbudgeted by the previous Council for the repairs that had to be made. Councilman Asting also had some background information from the Director of Public Works concerning the paving equipment. The oil asphalt required for paving should be RC70 and it sells for 50 cents a gallon. We would probably get this material in with railroad tank cars. We could park this on a spur near Mango. There is a cost difference between the 6. t hi c k and 4 II t h i c k p a v i n g per fro n t f 00 t. The 4 II w 0 u 1 d be ad e qua t e for the light residential traffic in most of Florida Shores. This would cost about $2.16 per front foot. 2 .' Q o The City Engineer/Public Works Director has been contacted by two companies concerning the availability of asphalt. This material is available. Somethino-needs to be done about the streets in Florida Shores. It is possible that we might be able to get a public works grant. We should investigate this. It is costing the City $60,000 year to keep roads graded and it is a continuous process. Mayor Christy said that he has contacted Tallahassee Florida League of Cities and they are 9oin9 to run through their computer information that might let us know what grants are available for a City the size of Edgewater. These would include grants for water, sewer, streets, etc. City Attorney no report City Clerk - no report Mayor Christy - said that he would like to suggest to the Council that they give the City Clerk authorization to coordinate and allocate the City's allotment for gasoline. Councilman Asting wanted to know if this wasn't the responsibility of the City garage. Councilman Ledbetter said that Mr. Wilcox at the barn keeps a check of the gasoline issued there. Councilman Asting asked if we couldn't make some modifications to the City vehicles to save gas. Councilman Ledbetter said that this could be quite expensive. These modifications could cost $400 or more for each vehicle. The Council discussed the question of the gasoline allotment. Councilman Sikes made a motion that the Council authorize the City Clerk to set up a plan for the dispensing of the gas supply to the various departments, as the need arises, and to coordinate this plan with Mr. Wilcox. Councilman Ledbetter seconded the motion. There was a discussion about getting gas from private individuals. It would be ne~essary to pay the price and then the City could file for a rebate of the State Tax. Councilman Ledbetter asked if the individual cars of the volunteers in the Fire Dept. were getting gas from the City. Mayor Christy said that the City provided gas only to the City emergency vehicles. Fire trucks, police cars, etc. Councilman Ledbetter said that Mr. Wilcox has been with the City for over 8 years and has handled the appropriation of the gasoline for a long time. He would be the best person to help the City get extra gasoline when it was necessary. Mr. Armstrong advised the Council that the City's allotment is based on when the City had a contract for trash pickup. The ndditional oas needed for the City to run trasn service will create a problem. Also we have given gas to other fire companies when they have assisted us at fires here in Edgewater. This is a serious problem and will require careful supervision. Upon roll call the motion to have the City Clerk responsible for gas allocation CARRIED 5-0. Councilman Asting said that he would like to be sure that the use of City owned vehicle for private errands be discouraged. Mayor Christy told the Council that he has received the information concerning the speed limit in the river. - -It is important that we get this taken care of as soon as possible. Mayor Christy asked Chief Baugh to exolain about their investigation of charges that campers were being used in Florida Shores. . 3 r o o Chief Baugh said that the Police Dept. had checked every road in the Florida Shores area and could not find any violations. If the police could be notified when someone believes there has been a violation of camper-trailer regulations and given the address they will check it out immediately and take the necessary action. Mayor Christy said that he had driven around Florida Shores also and did not find campers but he did find pipe that belonged to the Water Dept. laying out there that did not appear to have been accounted for by the Water Dept. Also there was a 6" water main laying above the ground. Mr. DeGroot told the Council that they were aware of this problem. Pipe had not been laid correctly in some areas, in the past, and the Water Dept. was trying to correct this. The Dept. also has a running inventory of all pipe used. The department has a great deal of work to do and a limited number of employees. They are trying to work out. the priorities so that they can continue the water expansion and also correct previous problems. We often have to use men from the water department to work in the sewer department for repair work. Mayor Christy asked the City Attorney about appointing a City employee to an advisory Board. Mr. Woods said that he could not find any prohibition against an employee serving on an advisory board. Mayor Christy said that he would like to have Bucky McEver appointed to the Board of Governors and Recreation. Councilman Sikes made a motion that the Council refer this name to the Board of Governors and let them come back to the Council with their recommendation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that E.V.E.R. asked him about the radio that belongs to rescue that is at the barn. Councilman Sikes said that everything that belongs to rescue belongs to the City. Mayor Christy said that both these organizations buy some of their own equipment. The City does not buy all their equipment. Councilman ~edbetter made a motion that the City Clerk inventory all equipment issued to E.V.E.R. and check it against the list of what has been bought and paid for by taxpayers money. The radio is City property. Councilman Rotundo seconded the motion. Mayor Christy said that E.V.E.R. was set up as a corporation to allow them to go out and solicit funds for extra equipment. They want another radio to replace the one they have given up. Councilman Ledbetter said that they want $500 for the radio and as far as he is concerned they can take the radio and he would ask the Council to allow the St. Dept. to purchase another radio. Upon roll call the motion to inventory E.V.E.R. equipment CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution No. 79-R-68 A RESOLUTION GRANTING A VARIANCE TO E. MASON ORMSBY ON CERTAIN PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA, RfPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 4 r Q Q The City Clerk read Resolution No. ]9-R-69 A.RESOLUTION AUTHORIZING THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA, THE AUTHORITY WITH THE CONCURRENCE OF THE VARIOUS DEPARTMENTAL OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO ADJUST. THE DEPARTMENTAL BUDGETS ON A MONTH TO MONTH BASIS, EXCLUDING THEREFROM THE AUTHORITY TO ADJUST ANY SPECIAL FUNDS INCLUDING SINKING FUNDS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Councilman Sikes said that he wanted to clarify the fact that the bottom line item cannot change without a public hearing. Councilman Asting said that he would like to amend the motion to add the coordinators and department heads to Section 1 of the Resolution. Councilman Sikes withdrew his motion. Councilman Rotundo withdrew his second. Councilman Sikes made a motion to adopt this Resolution adding with concurrence of coordinators and department heads to Section 1. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-23 AN ORDINANCE AMENDING SECTION 7-348, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, IMPOSING CERTAIN ADDITIONAL REQUIREMENTS FOR THE ISSUANCE OF A BUILDING PERMIT TO AN OWNER- OCCUPIER IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE, Councilman Asting made a motion that the Council tab1e this Ordinance for further study. Councilman Ledbetter seconded the motion. Councilman. Ledbetter said that we cannot require someone to live in a house. Mr. Woods said that this was already required by State statutes. No. 468.114 which states: Owners of property building or improving farm outbuildings or one (1) or two (2) family residences on such property for the occupancy or use of such owners and not offered for sale or buildin~ or improving commercial buildings at a cost of under $25,000.00 on such property for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under this part, proof of the sale or lease, or offering for sale or least of more than one (1) such structure by the owner-builder within one (1) year after completion of same is presumptive evidence that such structure was undertaken for purposes of sale or lease. Councilman Asting said that he has been on vacation and would like to study this more before he does any voting on it. Mr. Bunch, Orange Tree Dr., spoke to the Council and said that he felt this ordinance infringed on individual rights. He thinks the ordinance is meant to assist the builders and the Council is supposed to be serving all the people of the City not just the builders. Mr. Woods said that the intent of the ordinance is to prevent people from building spec houses that are not competent to build them. The motion to table this ordinance CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. 5 ~ Q o OLD BUSINESS The Council considered the amended General Fund Budget tabled from last week1s Public Hearing. There was a lengthy discussion concerning the recommended changes in the budget. Councilman Ledbetter made a motion that the Council approve the amended budget for the General Fund. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to instruct the City Attorney to draw up the necessary ordinance amending the General Fund budget. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a ten minutes recess. Meeting reconvened. Paving Equipment Councilman Ledbetter made a motion that the Council forego the purchase of this paving equipment. We do not have ample storage for paving m~terial and we don't have any money for a paving program. Councilman Sik~s seconded the motion. . There was a long discussion about this equipment and the material necessary for the paving. Councilman Sikes wanted to know what other equipment we might need to complete the paving program. He believes the City could spend at least another $20,000 over and above the $30,000 for the equipment before they .would even be ready to start paving. The Council discussed checking with the County about available paving equipment that might be leased from the County. There was also a discussion about the cost of paving material. Mr. DeGroot said that this would be a long range program and that the City would pave the area in stages. Upon roll call the motion to forego the purchase of the paving equipment DID NOT CARRY. The vote was 3 NO and 2 YES. Councilman Asting made a motion that before the Council buys this equipment they should authorize the City Engineer to contact the County road department and find out if there is equipment available for use in Edgewater. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter asked to be excused from the rest of the meeting. Zoning Board Appointments Mr. Woods said that it would be up to the discretion of the City Council to appoint Zoning Board members to a three year term. There is nothing in the charter that says they cannot do this. Councilman Asting made a motion that a resolution be prepared appointing the present members of the Zoning Board for a three (3) year term. Councilman Rotundo seconded the motion. There was a discussion concerning the need for experienced members and the work that the Zoning Board is doing. Upon roll call the motion DIED 2-2. Councilman Sikes made a motion that the Council ask the Zoning Board to make recommendations on appointing their present members to 1, 2, and 3 year terms. One member for one year, three members for two years and three members for three years. Motion died for lack of a second. 6 Q o There was no further action by the'Council on this subject. Councilman Asting requested that the application for a Home Occupational license be moved up from New Business. The Council considered an application by Mr. Spivey for a Home Occupational license to operate a roofing company. Councilman Asting made a motion that the Council grant this license, subject to signature of Building Official. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The Council returned to the agenda items under Old Business. Septic Tanks in Florida Shores The Council has been requested by the Building Code Board to inform the Health Dept. that it is not that Department's responsibility to tell builders where to stub out and put septic tanks. Councilman Rotundo made a motion that the Council accept the recommendation of the Building Code Board. Councilman Sikes seconded the motion. Councilman Asting said he did not understand why the builders should be allowed to use their own discretion as to where these septic tanks were located Mr. Griffith, Chairman of Building Code Board, told the Council that the Board had held a meeting concerning this problem. The City Engineer, some local contractors, and a representative of a company that installs septic tanks were present at this meeting. It was their opinion that in many cases a septic tank in the rear yard creates problems for the builders and the owners. They have no objections to stubbing out from the side, although in some cases this would be impossible, but they do feel that most septic tanks should go in the front of the house. Upon roll call the motion to accept the Board's recommendation CARRIED 4-0. Cole Property The Council has been requested to accept a 40' existing street that is on the Cole property. This was obviously deeded to the City some time ago but we have'no record that the City accepted it. He would recommend that the Council accept these deeds. The City has been using it as a street. Councilman Asting made a motion that the Council authorize the City Attorney to draw up the necessary resolution accepting this property. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Ranken Property Annexation Mr. Woods said that he has received all the legal information that was requested and it is up to the Council whether or not they want to accept this property. It will have to be determined what zoning will be put in this area. Councilman Asting made a motion that the Council refer this request for annexation to the Planning Board and the Zoning Board for their study and recommendations. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Brent Millikan Audit Payment Councilman Asting made a motion that the Council pay this bill. Councilman Rotundo seconded the motion. Councilman Asting told the Council that the audit had been voted for on January 13, 1979 by the entire Council. This is a legitimate bill and should be paid. He also read off a comparison of charges made by May, Zima and Brent Millikan for auditing services and said that Brent Millikan is less expensive. 7 .' o o Mr. Fredericks spoke to the Council and said that he still wasn't sure whether anything was found wrong when this audit was made. Councilman Asting said that there were 80 pages of documented errors. Mr. Fredericks wanted to know what this saved the City? Councilman Asting said the purpose was to discover discrepancies and illegal procedures in our administrative system in City Hall so that they could be corrected and not be repeated. Mr. Fredericks said that the City spent over $4,000 and we still haven't been told exactly what was wrong. Upon roll call the motion to pay the bill DIED 2-2. Councilman Asting said that maybe we should have had an audit of the General Fund as well. Councilman Rotundo said that this was a bill that should be paid no matter what they felt about the 'audit. AUDIENCE MISCELLANEOUS Mr. Fredericks asked that the City check on a sign at Hardin and Riverside Dr., it needs to be replaced. He also spoke about the sand that builds up on Riverside Dr. and the dust that is created when cars go by. Mayor Christy said that he would have the Street Dept. check into this. Mr. Bill Dantos a representative of SEVAA spoke to the Council about a donation to help the local team go to the Florida State Little Major League Championship games in St. Petersburg. Councilman Asting made a motion that the Council donate $200.00 to SEVAA for this purpose. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy reminded the audience and the Council of the meetings scheduled for this coming week. Councilman Asting seconded the motion. The meeting was Minutes submitted by: Nancy Blazi ~ ( ~ Councilman ATTE~ ..J/A.J-.A-J C i ty- C er-k ~ CounciTiiian . ~ 7f-JLJ ~ '- 8