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06-11-1979 - Regular (.) o 41j~ n1 . ,. .. .,... ~ " ~'f}. /:y,ft:!; ~.1'I'fA . ~/~~'!v ~1 , ~ tJ i1" '" ... b..l~ .' ;'l fa .,~ 4;2t.i? CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 11, 1979 Mayor Christy called the 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 Richard Weser Police Chief Earl Baugh Present Present Present Present Present Present Present Present IN\(OCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the June 4, 1979 regular Council Meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO due to absence from the meeting. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council aoorove the bills for payment. Councilman Asting seconded the motion. Councilman Ledbetter asked about the bill from Industrial Lighting. Mayor Christy said that this was for light bulbs for the Communi~'Center and City Hall. Councilman Sikes questioned the bill from Dan Corey. Mr. Weser said that this was for surveying prior to laying water lines. Upon roll call the motion to pay the bills CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from Frank Opal, 2002 Pine Tree Dr., requesting the privilege of discussing the national energy crisis, gasoline consumption and the many outstanding keys that City personnel may have in their possession. Mr. Opal told the Coancil that on Sunday, May 27, 1979, City vehicles were seen getting gasoline at the City Barn. We are supposed to be conserving gasoline. He asked the Council about the City employees that had keys to these pumps so that they could get gas any time they wanted it. Councilman Rotundo told Mr. Opal that Police officers had keys to the pumps and also the Supervisor and Assistant Supervisor of the Street Dept. had keys. No Councilmen or other City employees had keys. Councilman Ledbetter reminded Mr. Opal that the City is using more gasoline now than it did last year because we are now using our garbage trucks. Mr. Weser said that we use approximately 100 gallons a day and that we do not pay tax on gas used by the City. Q o Mr. Opal said that a rescue truck was also seen getting gas on that particular Sunday. Chief Baugh said that whenever the police gets gas on the weekends it is logged in at the station. There is no record on the log that a rescue truck got gasoline on that day. The Fire Dept. and the Rescue organization do not have keys. They have to contact the Police Dept. if they need gas on the weekend and a policeman goes over there to open up the pumps for them. This is also logged in. The rest of the time the supervisor of the Street Dept. keeps a record of the gasoline used and this is submitted to City Hall. Mayor Christy said that if any of the Councilmen felt that this privilege was being abused they could order new locks and keys. None of the Councilmen felt that this was necessary. The present system has worked well for a long time and the City maintains control over the gasoline used. The City Clerk read a letter from John Gross, Sr., regarding his resignation from the Zoning Board due to poor health. Councilman Asting made a motion that the Council accept Mr. Gross's resignation and send him a letter of appreciation for the service he has given to the City. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that Mr. Ray Troian of Lee Drive in Edgewater be appointed to the Zoning Board to replace Mr. Gross. Councilman Ledbetter seconded the motion. UDon roll call the motion CARRIED 5-0. . Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up the necessary resolution appointing Mr. Troian to the Zoning Board~ Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a report from Charles Murphy, Building Official, on the progress of buffer zones. According to Mr. Murphy, most of the businesses contacted in regard to establishing buffer zones have complied. This was for Council information. COORDINATORS REPORTS Councilman Rotundo: No report. Councilman Ledbetter: Requested that the City Engineer tell the Council about a mix in place type of paving procedure that might help the City's paving problems. Councilman Asting gave the Council members copies of information concerning this paving machine. Mr. DeGroot said that the machine was for sale by a contractor in Orlando. He would like Council permission to go with the Street Supervisor to inspect this machine and see it demonstrated. This process has been effective in many areas and is far less expensive than the standard paving procedure. Councilman Ledbetter made a motion that the Council authorize Mr. DeGroot and Mr. Copeland to go to Orlando to check on this machine and try to see if we can get a demonstration in the Florida Shores area. Councilman Asting seconded the motion. Councilman Sikes said that we should check and see if money is available to purchase this equipment. If we do not have the money, it would be foolish to inspect the equipment. 2 o o Mayor Christy said that we could check on available funds after we get a report. Councilman Asting added that City employees would be able to use this equipment which would be a considerable savings to the cost of this type of paving. Upon roll call the motion to inspect the equipment and report back to the Council CARRIED 5-0. Councilman Sikes: No report. Councilman Asti~: Told the Council that the City needs to purchase an air conditioner for the Old Water Plant that is being used as an office for the City Engineer and his staff. The City Engineer has submitted two estimates for a combination air conditioning/heating unit. Mr. DeGroot said that the estimate includes everything but the electrical work. This work should cost less than $100.00. The City Clerk said that he would have to check on available funds for this purchase and would report back to the Council next week. Councilman Sikes made a motion ,that the Council authorize Paul R. Olson & Son to install the air-conditioning/heating unit for the price of $1,492.00 subject to certification from the City Clerk that funds were available. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting reminded the Council that the trial bus service had ended last week. Unfortunately, there was not enough response from the citizens of Edgewater to justify continuing this service. In a 'period of6 weeks we had 222 paid fares and collected $99.95. The total charges from New Smyrna Beach were $1509.00 less the fares we collected for a total cost to the City of Edgewater of $1409.05. Councilman Asting made a motion that the City terminate the bus service due to lack of response, pay the final bill and write to the New Smyrna Beach Commissioners notifying them of this decision and thanking them and the NSB Transit System for their cooperation. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council authorize a resolution appointing Kenneth DeGroot as Director of Public Works and City Engineer for the City of Edgewater and as such that he exercise supervision over the Water, Wastewater and Street Departments and related activities. Further, that Kenneth DeGroot be granted a 7% pay increase effective the next pay period. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council authorize a resolution appointing Richard Weser as City Clerk/Administrator and as such that he perform the duties of City Clerk and such other administrative duties as the Council may from time to time direct. Councilman Sikes seconded the motion. The City Attorney reminded the Council that the City Clerk/Administrator does what the Council, 'as a bod~, dir~cts him to do. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council authorize a resolution requiring the City Clerk/Administrator to prepare the weekly Council agenda. That the City Clerk list thereon those items of business requested by Council members and others, provided such items are received by the City Clerk before noon on the Friday preceeding a Council meeting. Further that all matters requiring research and/or preparation by City Hall personnel be directed through the City Clerk. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Judson Woods: No report. City Clerk Richard Weser: No report. 3 Q Q Mayor Christy: Requested Council permission to p4rchase two new microphones for Council meetings. Councilman Ledbetter made a motion that the Council approve the purchase of two microphones. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo said that if we could find the money we need to get a new sound system for the meetings. Mayor Christy asked about the bids for the hydraulic lift? Mr. DeGroot said that there was no money at this time and we will probably have to rebid when the money becomes available. Mr. Weser said that the Council will be advised when money for this purchase is available. Mayor Christy read a letter from the Treasury Dept. regarding the Revenue Sharing and the claim of the City that the population had increased. This was for Council information. The Mayor also read a letter from Florida Power and Light stating that they will begin changing street lights from Indian River Blvd. to other areas designated by the City. These lights will be relocated at a rate of three or four per week. FPL apologized for allowing so much time to go by before this work was started. Mayor Christy read a letter from the New Smyrna Beach Chamber of Commerce offering to loan the City $1,490.00 to match State funds for industrial promotion. Councilman Sikes made a motion that this letter be referred to the Industrial Development Board. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy read a letter concerning Capt. John Richardson, one of the oldest living veterans. Capt. Richardson resides in Edgewater. Mayor Christy said that the American Business Women1s Association has proposed a program to obtain information on handicapped residents in Edgewater. This information would be very valuable to such organizations as Rescue, Civil ,Defense, Fire Department and Police Departments in cases of emergency. Mayor Christy added that he had tried to get this information for the Civil Defense but had not been successful. However, they can get ABWA to get this information and he would like to have this program financed by Civil Defense money. One of the costs would be the rental of a post office box for thirty days. We could compile this information. Councilman Asting said that since ABWA has adopted this project, the City should wait and see what they do first. Mayor Christy said that the rain gutters behind Winn Dixie are at least 8" in diameter and all the water coming off the roof drains onto Palmetto. We put a culvert back there to help the situation. We should have an ordinance that new business buildings must provide a run off. Mr. Woods said that he thought this was covered under the Southern Building Code. Mayor Christy said he wo~ldcheck with the Building Official. Councilman Sikes said he thought that there was something concerning buildings constructed in a way that was detrimental to surrounding property owners it must be corrected. Chief Baugh said that Mr. Murphy did not feel there was anything on the books that covered this problem. The City Attorney will check with the Building Official and report back to the Council. 4 o Q Mayor Christy said that they were still having a problem at the tennis courts. The idea for signing in and charging a fee for the key that was returnable when the key was returned has not worked out. Chief Baugh said that this was very difficult for the dispatcher to keep track of on weekends and caused a lot of extra work for his department. He recommended that the gates be unlocked and the courts opened up for everybody to use. Councilman Rotundo suggested that perhaps we could put in meters for the lights. Chief Baugh requested that .the lights be left on Tuesday nights because of the Bingo games. better for all that traffic. The Police will at 10:00 P.M. on the other nights. Mayor Christy said that he would present this problem to the Board of Governors .for their recommendation. In the meantime weill just open up the gates and let them play. on until 11:00 P.M. The extra light is turn off the lights RESOLUTIONS The City Attorney read Resolution No. 79-R-56. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA APPROVING A FIVE FOOT SET-BACK VARIANCE FOR MR. DONALD SLANEY FOR SLOBURN SUBDIVISION; AND APPROVING A THIRTY FOOT FRONT SET-BACK FOR THE BENEFIT OF MR. GENE HARRIS FOR RIVEREDGE TERRACE SUBDIVISION; 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. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-58. A RESOLUTION REAPPOINTING CLARENCE GNAU TO THE EDGEWATER BOARD OF ADJUSTMENT, OF THE CITY OF EDGEWATER, FLORIDA, FOR AN ADDITIONAL THREE YEAR PERIOD TO BEGIN AT THE EXPIRATION OF HIS PRESENT TERM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-59. A RESOLUTION APPOINTING DORIS MASSEY AS A MEMBER OF THE INDUSTRIAL DEVELOPMENT ADVISORY BOARD OF THE CITY OF EDGEWATER, FLORIDA, REPLACING HARRY BASSETT AS A MEMBER OF SAID BOARD; 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-60. A RESOLUTION GRANTING A VARIANCE TO ROBERT STUPPYjRICHARD J. MYERS ON CERTAIN PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adoot this Resolution. Councilman Ledbetter seconded the motion. Upon roll ~all the motion CARRIED 5-0. 5 o u The City Attorney read Resolution No. 79-R-61. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DENYING THE VALIDITY OF A QUIT-CLAIM DEED PURPORTEDLY CONVEYING PUBLIC PROPERTY FROM THE CITY OF EDGEWATER, FLORIDA, TO A. R. JONES AND HELEN W. JONES: 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. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that the Council instruct the Police Chief to remove the real estate and No Tresspassing signs from the property mentioned in Resolution No. 79-R-6l. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a brief recess. Council Meeting called back to order. ORDINANCES The City Attorney read Ordinance No. 79-0-16. (second reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING WOODWORKING AS AN ADDITIONAL PERMITTED USE IN THE I-I, LIGHT INDUSTRIAL DISTRICT, 1-2, HEAVY INDUSTRIAL DISTRICT, AND 1-3, INDUSTRIAL PARK DISTRICT, PROVIDING THAT THE BUILDING WHERE ANY WOODWORKING OPERATION IS PERMITTED SHALL NOT EXCEED 10,000 SQUARE FEET: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance No. 79-0-17. (second reading) AN ORDINANCE CHANGING THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA, NOW KNOWN AS THE SEAHORSE TRAILER PARK, FROM ITS PRESENT ZONING CLASSIFICATION OF B-3 AND R-3 TO THE MH-IA ZONING CLASSIFICATION, WITH THE EXCEPTION OF THE FRONT 145 FEET OF SUBJECT PROPERTY WHICH WILL REMAIN WITHIN THE B-3 ZONING CLASSIFICATION REQUIRING VISIBLE SIGNS OF COMPLIANCE WITH THE REQUIREMENTS OF THE MH-IA ZONING CLASSIFICATION BY THE OWNER WITHIN ONE YEAR: PROVIDING FOR REVIEW AND APPROPRIATE ACTION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance No. 79-0-18. (first reading) AN ORDINANCE AMENDING SECTION 606.0l(b) OF THE CODE OF ORDINANCES IN THE CITY OF EDGEWATER, FLORIDA, BY ADDING MINIWAREHOUSES AS AN ADDITIONAL PERMITTED USE IN THE B-2 NEIGHBORHOOD BUSINESS ZONING DISTRICT. DEFINING THE TERM MINIWAREHOUSE; RESTRICTING THE SIZE AND PERMITTED USE OF MIN-IWAREHOUSES; ADDING CERTAIN LANGUAGE TO PROFESSIONAL OFFICES AS A PERMITTED USE IN THE B-2 NEIGHBORHOOD BUSINESS ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 6 ~ u OLD BUSINESS Application for Home Occupational License for Mr. Burdge. Mayor Christy said that Mr. Burdge had not reapplied for a license without storage as the Council requested. Councilman Rotundo made a motion that the Council deny this application. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BRILEY, WILD BILLS Mr. Weser requested that the Council give him permission to pay the outstanding Briley, Wild bills~ to go to Sanford to FmHA to take care of the bills from Layne Atlantic and to conclude tentative developments to insure in the future we do not have problems with these bills. Councilman Asting made a motion that notice be sent to all department heads that any contact by them and Briley, Wild be checked with the City Engineer prior to transacting any business. Councilman Ledbetter seconded the motion. Mr. Weser said that he felt the City Engineer, as a professional, would be better informed as to the type of work needed by Briley, Wild and the City Engineer can work with him to insure that the charges are based on facts and can be supported. The outstanding bills have been reconciled with the facts as we have been able to determine them. He would recommend that the Council pay these bills. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that based on the recommendation of the Engineer and the approval of payment by the FmHA, that the Council approve the payment of bills due Layne Atlantic. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy questioned some of the Briley, Wild bills. some of these bills~were sent when Briley, Wild appeared Council to defend charges that had been made against them. think the City should have to pay for something like that. The various Briley, Wild bills were discussed by the Council. He said that before the He did not Councilman Ledbetter made a motion that the Council authorize payment of the bills except for #79-047 items 1 and 7 and #79-104 items 1 and 3. Councilman Rotundo seconded the motion. Councilman Sikes said that we should get a written statement from Briley, Wild that the bills were up to date with the exception of the two mentioned in Mr. Ledbetter1s motion. Upon roll call the motion CARRIED 5-0. Mr. Weser said that the City would have a June 1, 1979 cutoff and that BWA would certify this date. Mr. DeGroot will establish a control over future services from BWA with copies to City Hall for financial control. Councilman Ledbetter said that some of the bills were for consultation to a subdivider. He has not seen any reimbursement to the City for these charges. He did not think the City should be responsible for work done for a subdivider. AUDIENCE MISCELLANEOUS Mr. Frank Opal spoke to the Council concerning the material purchased from the Indian River Prestressed Concrete Co., paid for by the City and then the material was returned to the company. The City lost $350.00 on that transaction due to the stupidity of a former Councilman. Mayor Christy said that the entire Council had voted on all matters pertaining to the transactions with Indian River Prestressed Concrete Co. 7 o o . . NEW BUSINESS Councilman Sikes asked to be excused from Council Meetings for June 18, June 25, and July 2, 1979. Jhe City Attorney asked to be excused from the Council Meeting of June 25, 1979. I The Council granted their requests. ,Councilman Rotundo made a motion to adjourn the meeting. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi , ~~~~~4 Mayor ~ ~. ( ( ~ EltU56j) Councilman h~9 Councilman ~c.W ATTEST: ~ I ~ UlAJLAJ City-C rk ,Approved this ~/. I Mayor 8