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01-21-1980 - Regular ~ ' o o 1i / ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 21, 1980 Mayor 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson I. Woods City Clerk Joseph G. Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Rev. Hardin gave the Invocation SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the January 7, 1980 Council Meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Ledbetter seconded the motion. Councilman Ledbetter questioned a bill from Briley, Wild. The bill was for conferences with the City Attorney, research for the Water/Wastewater Departments and meetings with the Supervisors of the Water Department and the Water Plant. Councilman Rotundo discussed the rising price of gasoline and how it will affect the City. Mayor Christy said that we will probably have to adjust some of our budgets to meet the additional gasoline costs. Councilman Asting questioned a bill from Indian River Glass Com- pany. This bill was for the repair of the window at the Police Depart- ment. The window was cracked during the hurricane. Upon roll call, the motion to pay the bills CARRIED 5-0. ~ ~ u , \ \ I I PROCLAMATION Mayor Christy read a Proclamation regarding Child Abuse Awareness Day. The Daytona Beach Jaycee Auxiliary will hold a Fashion Show to raise funds for the Children's Crisis Team. The show will be held on February 2, 1980. At this time the Mayor read from the City Charter, Sec.224 Presiding Officer, which states that the presiding officer will preserve strict order during the Council meetings. He also read from Sec.227 Rules of Debate, which states that a person wishing to speak shall be recognized by the presiding officer and will limit his conversation to the subject matter. Sec. 229 states that a person wishing to speak shall come up to the Council table and will be limited to three minutes. Anyone causing disturbance or making slanderous remarks be barred from further audience before the Council. COMMUNICATION The City Clerk stated that Mr. and Mrs. Brogan want to speak to the Council concerning the proposed Water/Wastewater Ordinance changes. Mrs. Brogan, 2512 Travelers Palm,stated that some of the pro- posed changes disturb her greatly. She spoke to the Council about how she feels that it is unfair to make people hook up to the City water in order to keep the people who already have and want the water from having to pay more. Councilman Asting stated that it does seem unfair that where a person had to put in a well because the City water was not provided when they built their house, now to have to pay the full cost of $450.00. He suggested that the Council consider a possible change in the proposed ordinance where houses that were built before water lines were run down the streets should not habe to pay the full amount.of the hook up. There was more discussion with Mrs. Brogan about the require- ments to hook up, and the costs involved. The City Clerk read a request from Mr. Frank Opal to speak to the Council concerning a special Council Meeting that was held in the Mayor's office January 17, 1980: Frank Opal, Florida Shores, thanked the Mayor for reading the exerpts which was done specifically for his benefit. Mayor Christy reminded Mr. Opal that he read that personalities are not to displayed. Mr. Opal spoke to the Council about the calling of that special meeting. He asked if it was the Mayor or the City Attorney who kept the City Clerk from mailing the letter that the Council made a decision to send at the regular Council meeting? At this time there was some confusion as Mayor Christy tried to ask the Council a question and Mr. Opal kept speaking, as a result the Chief of Police was asked to escort Mr. Opal from ~ meeting. The City Clerk read a letter from himself to the City Council in regard to monetary charges for copying public records. -2- ~ o In this letter, the Florida Status 119.07 and 119.08 were quoted. The City Clerk explained the present circumstances, and requested some guidance in regard to the reproduction charges and whether candidates for public office should be charged the same as private citizens. The City Attorney stated that it is the law that citizens be supplied with copies of public records. However, he doubts, after looking at some of the Attorney Genera11s opinions, that we could charge a fee for the employee's time that it takes to get these records. You can make a reasonable charge for the actual cost of copying the material. He added that this should probably be set by Resolution to set a definite charge. It was agreed that this should not include City Councilmen. The attorney stated that he does not feel that a political candidate should have the same privilege as the present Councilmen. You would be causing yourselves quite a hardship for the employees in City Hall having to take time to do this research and copying. It was also agreed that it should be left up to the City Clerk as to the time the employees can do this research. It was suggested that the City Clerk check with other cities as to what their policies are. Councilman Asting made a motion that this be TABLED until the City Clerk has an opportunity to investigate the way other cities handle this matter, being seconded by Councilman Rotundo. It was asked that this be brought back JANUARY 28th. John Gross, Riverside Drive wanted to speak to the Council in regards to the copies and charges made to him. Mayor Christy stated that this issue was tabled. Upon roll call on the motion, said motion CARRIED, 5-0. The City Clerk read a letter from the Department of Elections in regard to using the Community Center for the Presidential Primary Election on March 11, 1980. Counci~man Ledbetter made a motion to grant this request, being seconded by Councilman Asting. Upon roll call vote ~id motion CARRIED 5-0. The City Clerk read a letter from the Metropolitan Planning Organization informing the City that they do not have an active representative on the Technical Coordinating Committee (TCC) of the Volusia Coastal Area Metropolitan Planning Organization, spelling out the necessary qualifications for this representative. Councilman Asting made a motion that we appoint Mr. Hurley, the City Planner, to this board, being seconded by Councilman Led- better. Upon roll call vote said motion CARRIED, 5-0. It was decided that an alternate would be appointed at ~ later date. The City Clerk read a letter from the Department of Transporta- tion concerning traffic regulation changes. Chief Baugh explained the locations of these regulation changes to the Council and the audience. -3- o o There was discussion about the hazardous area on the highway at the north end of town by Winn Dixie. It is hoped that some of these changes will prevent further accidents that may occur in that area. The City Clerk read a letter from Lonestar Florida concerning a dust supJessing compound evaluation which is now taking place. The letter states that they will contact the City relative to the use of this compound in the City of Edgewater. Councilman Asting made a motion that the City Clerk call the Lonestar Florida Pennsuco Inc. and find out when they will be able to advise us of the dust compound that they speak of here, being seconded by Councilman Ledbetter. Upon roll call vote said motion CARRIED 5-0. The City Clerk read a memo from the Merit Board requesting a joint meeting with the Council as soon as possible. The pur- pose of which is to have the Council define and clarify Ordinance 874 and the amended Ordinance 79-0-11 (Duties of the Merit Board). Councilman Asting made a motion that we have a meeting with the Merit Board at a date that is convenient with all of the members of the Council, being seconded by Councilman Rotundo. There was discussion about a date; it was agreed that this meeting be held Thursday, January 31st at 7:00 P.M. Upon rdl call vote on the motion, said motion CARRIED 5-0. The City Clerk read a request for a home occupational license from Rean Schilling, 141 Highland Avenue; type of business is Photo Documentation. Mrs.Schilling answered a few questions from the Council. Councilman Ledbetter made a motion to grant the lady's request, being seconded by Councilman Asting. Upon roll call vote said motion CARRIED 5-0. The City Clerk read a request for a home occupational license from Robert DeLoach, 404 Eaton Road; type of business is Elec- trical Contractor. Mr. DeLoach answered a few questions from the Council. Councilman Asting made a motion to grant the request, being seconded by Councilman Rotundo. Upon roll call vote said motion CARRIED 5-0. Councilman Asting made a motion that we have Mr. Opal readmitted to the Council meeting, being seconded by Councilman Ledbetter. Upon roll call vote said motion CARRIED 5-0. At this time there was a five minute recess. COORDINATORS REPORTS Councilman Rotundo asked the attorney about the law in regard to a Peddlers License. Someone approached him about selling bait on the pier. The City Attorney stated that he will look into this, this might be something that the City could look into as a money- making situation. -4- Q (.) There was discussion that people have to go all the way into New Smyrna to buy bait even if they want to fish on our pier. Councilman Ledbetter explained that Earl Copeland wants to pour a slab 65' long and l6'wide to put the lift on, outside of the City garage, because the floor inside the garage drains to the middle of the building, and the lift should be on a completely flat surface. There was conversation about this. Councilman Ledbetter made a motion that Department to pour the slab on the West from door to door, approximately 65' in being seconded by Councilman Asting. said motion CARRIED 5-0. we allow the Street side of the building length by 16' wide, Upon roll call vote It was suggested that the Building Official inspect the job. Councilman Glaser had no report. Councilman Asting stated that he has recently heard that the paving equipment that the City was previously interested in is still available and the price has been reduced to $25,000. He recommended that Mr. Copeland take another look at this. There was no objection by any members of the Council that this be done. Councilman Rotundo suggested that we instruct the City Clerk to look up the information that we had in the previous meeting and give that to Mr. Copeland to go and check this out. City Attorney Woods had no report. City Clerk had no report. Mayor Christy read a letter from Sen. Chiles informing us that the Revenue Sharing Bill has been signed. This letter also stated that there is a possibility of loans for burning garbage. Our City Planner iSJ at the present time}looking into this. RESOLUTIONS The City Attorney read Resolution #80-R-132 A RESOLUTION APPOINTING FRANK RICHARDSON TO THE EDGEWATER INDUSTRIAL DEVELOPMENT ADVISORY BOARD, OF THE CITY OF EDGE- WATER, FLORIDA: REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Resolution, being seconded by Councilman Rotundo. Upon roll call vote said motion CARRIED 5-0. Mr. Gross reque~ted that the Council speak up more, it is often very hard to hear what is being said. The City Attorney read Resolution #80-R-133 A RESOLUTION APPOINTING LAMAR DEAN TO THE EDGE\VATER BOARD OF GOVERNORS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. - 5- o (.) Councilman Asting made a motion to adopt this Resolution, being seconded by Councilman Glaser. Upon roll call vote said motion CARRIED 5-0. City Attorney read Resolution #80-R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATE~, FLORIDA, PROVIDING THAT THE CITY COUNCIL SHALL AFTER ITS REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980, MEET EVERY OTHER MONDAY EVENING AT 7:00 P.M., AT THE EDGEWATER COMMUNITY CENTER: PROVIDING FURTHER THAT THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA SHALL MEET IN WORKSHOP SESSION ON EACH THURSDAY AT SUCH TIME ON THURSDAY AS SHALL BE SO DESIGNATED BY THE CITY COUNCIL AT ITS REGULAR MEETING PRECEEDING EACH WORKSHOP SESSION: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AJ'JD PROVIDING AN EFFECTIVE DATE. Mayor Christy stated that before there is a vote on this Resolution he would like to point out that the original idea of changing the meetings was to hold less meetings than we are having now, and this calls for a meeting every week. It should also be pointed out that at the present time we are not holding workshop meetings to set the agenda and the agenda is getting done. Attorney Woods stated that you do not have to have that work- shop meeting, as long as this is designated on the Monday meeting. There was discussion as to ~hether this Resolution should read workshop meeting, since action will be taken on the bills and you can not take action at a workshop meeting. Perhaps it should be called an agenda meeting. Mayor Christy suggested that we go 1st and 3rd Mondays or 2nd and 4th Thursdays, which will be to set items on the agenda for the following week. A lot of items are just Dr information only, however a deadline is to be set for agenda items to be into City Hall. ORDINANCES The City Attorney read Ordinance No. 80-0-42 (first reading) AN ORDINANCE VACATING A PORTION OF A FIFTEEN FOOT ALLEY LYING NORTH OF INDIAN RIVER BOULEVARD, AND LYING BETWEEN FERN PALM DRIVE AND GUAVA DRIVE: IMPOSING ADDITIONAL CON- DITIONS.FOR THE GRANTING OF SAID VACATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Ledbetter. ~Ir. Robert Witzig spoke to the Council about the statement of theWrights and Petersons. He asked if this right transfers if and when they sell the property or is it just to them alone? The City Attorney said that this is a perpetual right by Quit Claim Deed to any grantee of the Wrights and Petersons. Upon roll call vote on the motion said motion CARRIED 5-0. -6- o (.) Mayor Christy stated that the next Ordinance is the one that Mrs. Brogan spoke to the Council about earlier. Councilman Ledbetter made a motion that we TABLE this for another workshop, because it is not all entirely clear, being seconded by Councilman Asting. Upon roll call vote said motion CARRIED, 5-0. OLD BUSINESS The City Clerk read a Petition from the residents of Perdita Street requesting that the City take over the bill and main- tenance of the street light on the south end of that street. There was discussion about the easement in this area. Councilman Asting stated that as far as this street light is concerned, the Ci.ty did not request this light, the people did it themselves. Mayor Christy stated that the City should be responsible for this if the light is needed in that area, just like we are putting lights in other locations. He suggested that the Street Light Committee take another look at the area and decide whether the light is needed. They are to report back next week on this. , The City Clerk read a letter from the Sloburn Properties requesting lighting on both Marilyn Drive and Turgot. Mayor Christy stated that again he feels that the committee should come back to the Council with a report on this. Mr. Donald Slaney spoke to the Council in regard to this. He explained that there are three homes in this area now, and with his building permits he did pay the street light assessment. The City Clerk read the Certification of Bids for a Sewage Treatment Plant Temporary By-Pass and Appurtenant Work: W.E.D. Contractors, Inc. Leechase Corporation Koblar Contractors $16,800.00 21,300.00 17,957.00 The City Clerk read a recommendation from Kevin Bosse, Waste- water Supervisor stating that the low bid of $16,000.00 from W.E.D. Contractors is acceptable. Councilman Asting made a motion to accept the recommendation of the Wastewater Supervisor and award the contract for this by-pass system to W.E.D. Contractors, being seconded by Councilman Rotundo. There was discussion about the fact that Briley, Wild shou14 have the necessary documents in regard to this. It was suggested that this be incorporated in the motion. Councilman Asting added that Briley, Wild continue to act as our City Engineers on this. Mayor Christy stated that he did not want to give them a blank check on this. It was explained that they will bill us for their services and we will pay from the statements. -7 - o o Upon roll call vote on the motion, said motion CARRIED 5-0. Councilman Ledbetter stated that he hates to do this, but we ha~e already given up sometlling that we already had. Mayor Christy stated that he is voting yes because it is something that we have to have, but he doesn't like the open checkbook. The City Clerk read the Certification of Funds. There was no recommendation for a member for the Board of Governors. Mayor Christy stated that we will bring this matter up again on JANUARY 28th. Mayor Christy stated that we have the Attorney's opinion from Thursday's meeting. We should take action one way or another. The City Attorney stated that his thoughts on the matter, which the Council is not bound by, is to explain to Starke that the Council voted to sell certain property of the City, under the belief that it could be disposed of. It was an honest mistake and offer to pay them what you received at that auction for the property. The City Clerk stated that if the Council goes this way, he needs some guidance as to what to add for the typewriters. It is almost impossible to tell exactly what we collected for which typewriters. There was more discussion about the lot of typewriters that were supposedly purchased. No one seems to know anything about that many. There were seven typewriters sold at the auction, but they were not all surplus property. Mayor Christy stated that he has a typewriter at his home and has had it ever since he became Civil Defense Coordinator. It is one of the surplus typewriters. Councilman Asting stated that he understands that some of the Councilmen have filing cabinets at their homes. Councilman Rotundo stated that he has had one for going on three years now. Councilman Asting stated that these items were donated for public use, not personal use. He added that this is wrong. Mayor Christy stated that a typewriter was given to Mr. Mackie when he was Assistant Civil Defense Coordinator about five years ago and he has been asked to return it to the City. Councilman Asting stated that if you have an official office, you can use these items, but not in your home. He asked the attorney for his opinion. Attorney Woods stated that he has to believe that each of these Councilmen would not be stealing property. He himself has about $2,000.00 worth of books in his personal library that the City asked him to keep for the benefit of the City. Councilman Rotundo stated that we have been talking about this for three we~ks and have not decided a thing. He made a motion that we send the letter that our attorney recommended to Starke, -8- ~ u Councilman Asting asked the attorney what this letter says. Attorney Woods said that you have to reinterate what took place at the Council meeting. The property was sold un- fortunately due to a mistake, some F~deral surplus property was sold and that the City is willing to pay back to the Federal Government what it received at'that auction. Mayor Christy asked if Mr. Rotundo would add in the motion that we send a verbatim copy of those minutes to Starke. Councilman Asting asked if anyone else has a filing cabinet, he asked if Mr. Sikes has one? Mayor Christy stated that he did have one, and he asked Councilman Glaser if Mr. Sikes gave the cabinet to him. Councilman Glaser said that he hasn't given it to him yet. Councilman Rotundo incorporated that a copy of the verbatim minutes be sent with the letter to Starke. Councilman Glaser seconded the motion. Councilman Asting asked Councilman Glaser if Mr. Sikes turns over that filing cabinet to you, are you going to keep it? Councilman Glaser said that he would probably use it. There was more discussion about this property being used at Councilmen's homes. Councilman Rotundo stated that it was approved at a Council meeting for him to use the filing cabinet that he has. Councilman Asting asked if all of the correspondence that has been prepared so far will go along with this new letter? Mayor Christy stated that the only thing that is not going is the letter that states about the $1400.00. John Gross, 404 North Riverside Drive was given the floor. He asked if anyone was authorized to take home any of the equipment? Mayor Christy stated that it was authorized. Robert Witzig, Queen Palm Drive ,was given the floor. He stated that it was voted on last week to send a letter, now it's being voted on again. Once it was voted on, why wasn't it sent? Mayor Christy explained that this was why the Special Meeting was called. The attorney called and asked that the letter be held until he could get together with the entire Council. It was his recommendation at that meeting that we should offer to pay back the amount that we received at the auction. Frank Opal, Florida Shores was given the floor. He stated that all the City is doing is sending a letter to Starke saying that they will pay back what they received for this property that was auctioned off. He is interested in all the items that were put in the dump; who said to dispose of these typewriters? He added that he agrees with the letter that is being sent, it should of been done last week. -9- .. . o o Councilman Asting stated that Mr. Glaser took office on the 8th of November, 1979; it is almost the end of January 1980 and Mr. Sikes has not returned the filing cabinet that he had. It doesn't look like he is in much of a hurry to return it. Mayor Christy stated that it was his understanding that this was to be worked out between Mr. Sikes and Councilman Glaser. Upon roll vote on the motion, said motion CARRIED 3-2. Councilman Ledbetter and Councilman Asting voting NO. Councilman Asting asked if the correspondence that we voted on last week goes forward? Mayor Christy stated that it does not. Councilman Asting stated that if it doesn't go forward, he will send copies of it himself. Mayor Christy stated that he will not being doing it with any consent of the Council. There was some discussion about the motion on the letter that was made last week, and this motion. The clerk was asked to read the motion made this evening to the Council. AUDIENCE MISCELLANEOUS John Gross, 404 North Riverside Drive, spoke to the Council about a letter that he had sent to the Council and some of the boards requesting certain information. He said that there is no such Ordinance or law giving anyone the authority to collect money for copies made. He would like the Council to consider returning his money and donating it to the Friends of the Library. He also spoke to the Council about the Industrial Road situation. He stated that Edgewater should not be permitted to be destroyed and children's lives endangered by stupid planning to benefit favored individuals. He would like the information which he requested made available as soon as possible and then he will take further action on it. The City Clerk spoke to the Council about the information that Mr. Gross has requested. He said that apparently we do not have what Mr. Gross wants. He asked Mr. Siciliano if he has the maps that are being discussed here. Mr. Siciliano stated that he does not have Mrs. Massey's survey or maps or anything, because that is private business. You can get a legal description of anything that you want at the County Courthouse in New Smyrna. Mr. Gross stated that Mrs. Massey presented this at the meeting, and he demands that it be made available for him. The City Clerk stated that the Council is going to have to act on this. Mr. Siciliano stated that Mrs. Massey did not present any maps to his knowledge; she explained her property. Mayor Christy stated that according to our City Clerk we do not have these maps in City Hall, so we can not give them to you. -10- " .r . o o . .;. " Mr. Siciliano stated that he would like to explain that Mr. Gross attended this meeting and wanted Mrs. Massey to explain her property. Most of the board turned this down; stating that she didn't have to. To clear the air, she explained where her property was. There was not any presentation made. The City Attorney stated that the City doesn't have this, a law suit to get it would be a waste of money. NEW BUSINESS Interlocal Agreement with New Smyrna Beach - Mayor Christy stated that the Council has a copy of a joint Resolution. He asked if there are any objections to our attorney drawing this up in our language? Councilman Ledbetter made a motion that we instruct the City Attorney to draw up a Resolution for the Interlocal Agreement between New Smyrna and Edgewater, being seconded by Councilman Asting. Upon roll call vote, said motion CARRIED 5-0. Application for 701 Grant - The City Clerk read the require- ments for application for 701 assistance. These forms must be completed by January 31, 1980. Councilman Rotundo made a motion to have the attorney draw up a Resolution in regard to this, being seconded by Council- man Glaser. Upon roll call vote, said motion CARRIED, 5-0. ADJOURNMENT Councilman Rotundo made a motion to adjourn, being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED 5-0. Minutes submitted by: Nancy Blazi Debbie Sigler ATTEST: W:B .G!).A~ Councilman ~~~" 75rC'tY ler - Approved this J / day QX Februar.y'~980: ., J ~ / ~ --V" ~P;;,A ~ .~._ ~ : Mayor .~~ CouncIlman -11- "~~ ~ ~C- ~ y~