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06-04-1979 - Regular ~, o u t. - -, '" ~~~ o::!p "$'''<:)' ,5t~ b:.... ~ i;' I!.:Y"'~ .., ............ t,'" . f.r;. :;..t~~ 10' "";, ;i,f.J' ~'-4..} City of Edgewater CITY COUNCIL REGULAR MEETING June 4, 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 Woods City Clerk Richard L. Weser Police Chief Earl Baugh Present Present Excused Present Present Present Present Present INVOCATION The invocation was given by Rev. Higgs. SALUTE TO FLAG APPROVAL OF MINUTES J Councilman Asting made a motion that the Council approve the minutes of May 21, 1979. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve these bills for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. PROCLM1ATION Mayor Christy read a proclamation concerning the 50th Anniversary of BPOE Lodge #1557." COMMUNICATIONS ,.. The City Clerk read a letter from Mr. Harry Bassett. Mr. Bassett stated that he would have to resign from the Industrial Development Board. Councilman Astinq made a motion that the Council accept Mr. Bassett's resignation and send him a letter thanking him for his service to the City. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the Board of Adjustment recommending that the Council grant a variance to Mr.Stuppy and Mr. Myers for property located on the east side of Riverside Drive at the corner of Orange Ave. The recommended variance was ten feet (10) on the south side of the property and five (5) feet for a rear yard setback. Councilman Sikes made a motion that the Council accept the recommendation of the Board of Adjustment and grant these variances. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney will prepare the necessary resolution. The City Clerk read a letter from the Board of Adjustment requesting that the Council reappoint Mr. Clarence Gnau to a full term on the Board. ---...."" o o - I Councilman Asting made a motion that the Council reappoint Mr: Clarence Gnau to a full term (three years) on the Board of Adjustment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney will prepare the necessary resolution. The City Clerk read a memo from Police Chief Baugh requesting Council IS permission to attend the Police Chief's Working Conference in Naples, Florida from June 24, 1979 to June 27, 1979. Chief Baugh's expenses will be approximately $225.00 which he requested be paid in advance. He also requested the use of a City vehicle for transportation to this conference. Councilman Rotundo made a motion that the Council authorize the Police Chief to attend this conference and also grant advance expense money and the use of a City vehicle. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The Citv Clerk read a letter from the DeShano Construction Co. of Gladwin~ Michigan requesting information on a possible site in Edgewater for a 50 unit FHA housing project. Councilman Sikes made a motion that the Council refer this inquiry to the Planning Board and the Zoning Board for recommendations as to what the City should advise this construction company. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councilman Rotundo asked what the status was on the purchase of a hydraulic lift?) i Councilman Asting said that the purchase of this equipment has to be postponed until the budget is amended. Councilman Rotundo asked when the budget would be amended? Mr. Weser said that he is working with the accountants on information to the Council concerning proposed budget amendments. Councilman Rotundo said that Police Chief Baugh had requested permission to speak to the Council. Chief Baugh requested Council permission to escort Capt. John Richardson, a 97 year old Veteran of the Spanish American War, to a special ceremony at the Veterans Administration Office in Daytona Beach. Capt Richardson is a resident of Edgewater. Councilman Asting made a motion that the Council grant permission to the Police Chief to escort Capt Richardson to Daytona Beach. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes no report. Councilman Asting informed the Council that the Florida Power & Light Co. had still not transferred the street lights as requested in a February 12, 1979 letter from the City. Councilman Asting made a motion that the City Clerk send a letter to the President of FPL request,ng action from the Company with a copy to.-the Public Service Commission. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting made a motion that the Council appoint Mrs. Doris Massey to the Industrial Development Board to replace Mr. Bassett. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. 2 resolution. have the following items ~ on June 5, 1979: plans to / and Public Works activities~ \ The City Attorney will prepare the necessary Councilman Asting said that he would like to added to the agenda for the Council Workshop remodel City Hall, the City Planner position, o o 4' Councilman Asting made a motion that the Water Dept. be authorized to purchase the old rescue truck for a sum of $400.00. The money will be put into the General Fund. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. (l~B) Councilman Asting made a motion that the City Attorney draw up a resolution requiring the City Clerk to prepare the agenda for Council meetings and that items of business that Council members may want on the agenda be submitted to the City Clerk before 12:00 noon on the Friday preceeding the meeting and that all matters requiring research or preparation by City ~ersonnel be directed through the City Clerk. Councilman Rotundo seconded the motion. Councilman Sikes said that he believed we already had a resolution giving this duty to the City Clerk. Mayor Christy said that according to Roberts Rules of Order, the Chairman is supposed to prepare the agenda. He suggested that the City Attorney check into this. Councilman Asting withdrew his motion pending a report from the City Attorney. Councilman Rotundo withdrew his second. City Attorney Woods recommended that the City accept a settlement of $2600.00 in regard to the dispute with McMahan Construction Co. regarding Mockingbird Lane. This would be less expensive than a possible law suit. The City had failed to notify McMahan Co. promptly concerning the damage to the force main and therefore it was not entirely the fault of the construction company that the problem was not fixed sooner. Councilman Asting made a motion that the Council accept the settlement of $2600.00 in this matter. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Rotundo asked why the manhole on Canal St. was up so high? Mr. DeGroot, City Engineer, said that he was not aware of this but would check into it immediately. Mr. Woods said that in reference to the property in Highland Shores that was deeded to the City as a permanent park, he recommended that the Council authorize a resolution denying validity of a quit claim deed giving some of that property to private owners. This should be put into the record to warn any prospective buyer that this is still City property. Councilman Sikes asked about having the For Sale sign and No Trespassing signs removed. Mr. Woods recommended that the City not do anyting about these signs at this time. Councilman Sikes made a motion that the Council authorize a resolution to be placed on record with Volusia County denying validity of certain quit claim deeds in the Highland Shores permanent park area. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Richard L. Weser requested Council permission to attend a briefing on the summer youth program, Thursday, June 7, 1979 at Bethune Cookman College. Councilman Rotundo made a motion that the Council approve this request. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Sikes voted NO because he did not think we should become involved in this program, it requires too much supervision. (2-A) Mayor Christy said he had received a request to use the Park and Pier for a church picnic. There was no Council objection and Mayor Christy said that he would inform the church that permission was granted. 3 ~ o o . . Mayor Christy said he had also received a request from the High School for use of the handball courts this summer for a six week class to be scheduled from 8:00 A.M. to 10:00 A.M. Councilman Rotundo made a motion that the Council grant permission for the High School to use the handball courts. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy will notify the school that the courts will not be available on July 4th due to Fireman's Annual Celebration. Mayor Christy said that he had received copies of two quit claim deeds dedicating certain streets to the City. One is on Juniper and one is on Lime Tree. A research of City records'shows no formal City acceptance of this dedicated area. - Councilman Rotundo made a motion that the Council turn this over to the City Attorney for study and recommendation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy told the Council that he will be attending the Volusia Council Meeting on Animal Control. Councilman Sikes suggested that possibly the City.s Animal Control Officer should also attend this meeting. RESOLUTIONS The City Attorney requested that Resolution No. 79-R-56 granting certain variances, be tabled until next week so that corrections can be made. The City Attorney read Resolution No. 79-R-57 A RESOLUTION APPOINTING ARTHUR NERBER, STEVE HARDOCK AND ROBERT WOLFE TO THE BOARD OF GOVERNORS OF 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 Sikes seconded the motion. Upon roll call'the motion CARRIED 4-0. ORDINANCES The City Attorney read Ordinance 79-0-14 (second reading) AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING THE DEFINITION OF "STORY" AS DEFINED IN ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 79-0-15 (first reading) AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAINTAINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FRO~1 SUFFERING OR PERMITTING ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS OR THE USE OF A~Y DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; PROVIDING FOR PENALTIES: PROVIDING FOR SEVERABILITY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 4 Q o . . The City Attorney read Ordinance No. 79-0-19 (first reading) AN ORDINANCE AMENDING SECTIONS 19-60 AND 19-66(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REDEFINING THE TERM "TRASH", AND FURTHER PROVIDING FOR THE REMOVAL AT THE OWNER'S EXPENSE OF ITEMS NOT CONSIDERED TO BE TRASH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Annexation of Ranken property: Councilman Asting said that the City Engineer had checked this property out. The property is located immediately south of Pyramid Park and east of U.S. 1. The total area is roughly about 72 acres. Water and sewer are not available. Mr. Woods said that this property should not be brought in as a subdivision. Councilman Rotundo made a motion that the Council accept this property for annexation into the City. Councilman Sikes seconded the motion. Mr. DeGroot called attention to the fact that there was a strip of land between the City limits of Edgewater and this property. Mr. Woods said that he would need a legal description by metes and bounds before he could prepare an ordinance to annex this property. Councilman Sikes withdrew his second and Councilman Rotundo withdrew his motion. Councilman Rotundo made a motion that the Council authorize a letter to Mr. Ranken stating that the Council cannot accept this property until the City receives a metes and bounds legal description of all the property owned in that area. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Lease with County for recreation area: Mr. Woods said that the draft of the lease was presented to the Council. He would recommend that this lease be approved. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up this lease agreement with the School Board of Volusia County for use of the recreation area near Edgewater Elementary School. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS None NEW BUSINESS The Council considered an application for a Home Occuoational License for Mr. Earl Burdge, 1920 Travelers Palm, to operate the sale and installation of water conditioners. The Council questioned Mr. Burdge concerning the storage of materials at his home. Mr. Burdge said that the materials did not take up much room and they could be stored in his van, if necessary. 5 . o .0 .. , ~ Councilman Sikes made a motion that the Council table this application to allow Mr. Burdge an opportunity to resubmit his application without storage of inventory at his home. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes asked the City Clerk to contact Mr. Wetherill in Daytona Beach relative to appearing before the Council at tomorrow night's workshop for an interview for the position of City Planner. Mayor Christy announced the times of the Council Workshop and the Zoning Board meeting scheduled for June 5, 1979. Councilman Asting made a motion that the meeting be adjourned. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~~~ Mayor cn~~~ _.~ lu' -,' . Councilman ~ ATTEST:~ ~ JlAJA.) City Cl rk Approved thi s II ~day of June, 1979 6 . I /J 6 ~~ /