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01-07-1980 - Regular o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 7, 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 Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Asting made a motion that the Council approve the minutes of the December 12, 1979 Council meeting. Councilman Ledbetter seconded the motion. Mr. George Bunch told the Council he wanted to speak about this meeting. Mayor Christy said that the Council was merely voting on whether or not the minutes had been written correctly. Mr. Bunch was out of order if he wanted to discuss some action the Council might have taken at that meeting. Upon roll call the motion to approve the minutes CARRIED 5-0. Councilman Ledbetter made a motion that the Council approve the minutes of the December 17, 1979 Council meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council approve the minutes of the December 21, 1979 Council meeting. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion that the Council approve the minutes of the December 28, 1979. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO due to absence. BILLS AND ACCOUNTS : Councilman Asting made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Councilman Asting asked about the bill from Mr. Moore. { This was for the Christmas lights. ) Councilman Asting asked about the bill from Triangle. ( This was for the garbage collection. ) Councilman Asting asked about bill from Goodyear. (This was for a tire for the tractor.) , , I / J ~! j~ o o Upon roll call the motion to pay the bills CARRIED 5-0. VACATION OF 15' Alley in Block 16 of Florida Shores: Resolution No. 79-R-118 stated the intent of the City to vacate a 15' alley in Block 16 of Florida Shores. All persons effected by this vacation were invited to attend this Council Meeting and voice their opinions. Mrs. Wright, an adjacent property owner, told the council that she did not believe they would have access to their property if this alley was vacated. They would like to be assured that access would be available. Mr. Vazquez who stated that he lived at 1907 S. Atlantic in New Smyrna Beach but was a property owner in Edgewater questioned the procedure for vacating property. Mrs. Peterson, an adjacent property owner, said that she had no objections to this vacation. The Council discussed vacating this alley. Mr. Earl Wallace, 2020 S. Ridgewood, gave the Council an updated drawing of the site plan for this area. He added that the adjacent property owners will have access to their property through a parking easement at the northwest corner. Mr. Woods, City Attorney, asked Mrs. Wright if she would let the City know, in writing, whether they approve of this vacation or not. He also asked Mr. Wallace if the Magnuson Corp. would be willing to enter into an agreement quaranteeing ingress and egress to adjacent property owners in perpetuity? l-b Mr. Wallace said that he believed this could be pursued to the benefit of all property owners. There was no further discussion on the vacation. The Council is scheduled to take action on this request at the January 15, 1980 Council Meeting. COMMUNICATION Councilman Asting had requested to be on the agenda to talk about Federal Surplus property. Councilman Asting said that on Dec. 31, 1979, an article appeared in the newspaper concerning missing Federal property issued to the City. This has caused questions to be raised among our people as to who is responsible for this property being missing. Our City employees are not responsible. The items of Federal property found to be missing by a State investigator were sold at public auction by Mayor Christy on April 11, 1979. When this property was accepted by the City, certain conditions were imposed and these conditions were agreed to, in writing, by the Mayor. The agreement was that the property should be placed in use within one year and if not it should be returned to the agency who issued it. The Mayor's action has placed the City in the position of having to make--financial restitutioil. to the agency concerned in the sum of money to be determined by them. ~ In addition, the City may lose the privilege of getting any more such property in the future. Some of the items of Federal property sold by the Mayor went for very low prices. For example, a generator sold for $100 was sold later in the same condition for $1,000. The Mayor's reply to the State concerning missing items contained a number of wrong statements. For example, a steam jenny and cleaners or parts thereof were not destroyed at the City dump, they were sold at the auction for $35. The Council should be aware of this situation and the serious consequences that may result from these actions. The City will have to return the money collected for the Federal property sold and probably also make up the difference between the sale price and the fair market value. Councilman Asting said that he did not feel the City should make up the difference since the Council did not authorize the sale of this property and the seller was aware of the conditions under which it was given to the City. Mayor Christy said that the Council authorized the auction on Mar. 19, 1979. Councilman Asting said that this was not for the sale of Federal property. He was not aware of any conditions and neither was the rest of the Council. 2 o o Mayor Christy asked the Attorney if it was correct that the entire Council was responsible for action taken by the City. Mr. Woods said that whatever action is taken it is by the vote of this Council. Councilman Ledbetter said that he made a motion to sell the obsolete street equipment. He never said to sell surplus GSA equipment. Councilman Asting said that the Mayor had assured tbe Council there would be no trouble in connection with this situation at the Council meeting of Dec. 17, 1979. Mayor Christy said that Mr. Asting wrote to the GSA on Dec. 19, 1979. Councilman Asting said that he wanted the truth of this matter to come out. There was more discussion concerning the Federal surplus property. Mayor Christy said that Mr. Jim Cameron had purchased the generator and sold it for $1,000. He asked Mr. Cameron if he would be willing to sign an affidavit to that effect. Mr. Cameron said that he would sign an affidavit. Councilman Asting read the letter that he had sent to GSA. Mayor Christy said that there had been a mix up in the serial numbers of the generators sold. He had received permission to cannabalize two of the generators. 2-a Dave Castagnacci, News Journal, asked the Council to clarify whether or not these items had been donated to the City. Mayor Christy said that the items are donated by the Federal Govt. to the State and the State sells the property. The City paid for these items. Mr. James Nichols, former Civil Defense Director, spoke to the Council regarding the purchase of the steam jennys. They were purchased so that the City could use the trailers. Mr. Herget said that a letter will have to be written to the GSA to let them know what the Council's decision is on this subject. Mayor Christy said that a letter will be written. The City Clerk read a letter from the Library Board requesting that the Council consider appointing Mrs. Lillian Bond-Nelson to the Board and also designating the various terms that the Board members would serve. Councilman Ledbetter made a motion that the Council accept the Library Board's recommendations. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter requesting that the Council reimburse Dan Nolan for repairs to his eyeglasses which were damaged when he was fighting a fire. Mr. Nolan is a member of the Volunteer Fire Dept. The City does not have insurance to cover this type of loss. Councilman Rotundo made a motion that the Council authorize the reimbursement of $56.50 to Dan Nolan for the eyeglasses. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Frank Richardson requesting that the Council consider appointing him to an advisory board. Councilman Glaser said that he had spoken to Mr. Richardson who indicated that he would like to serve on the Industrial or Planning Board. Councilman Asting made a motion to table this request at this time. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 3 o o The City Clerk read a letter from the Board of Adjustment requesting that the Council approve the granting of a variance for property owned by Mrs. Carrie McCargar on Hamilton St. The Board recommends that a variance of of 5' side setbacks be given to this property. Councilman Rotundo made a motion that the Council accept the recommendation of the Board of Adjustment and grant this variance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning Board recommending that the area presently zoned "FPL" be changed to 1-1 and that electrical substations be added as a special exception. Mr. Woods said that the Council would have to hold another public hearing on this since it was originally advertised to change this property to R-4. He suggested that the Council hold off on advertising another public hearing until the Zoning Board has had an opportunity to study some more proposed changes. Councilman Glaser made a motion that the Council approve the Zoning Board's recommendation. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Industrial Board requesting that the Council remove John Gross as a member of the Industrial Board. The Board cited Mr. Gross's continuously disruptive actions at the Board meetings. 2-b The City Clerk also read a letter from John Gross demanding time to refute the charges against him and that the Council hold a workshop and a public hearing with the State's Attorney present. Mr. Woods said that Mr. Gross is an appointed member of a Board and it is at the discretion of the Council to either terminate his services or keep him on. Councilman Rotundo made a motion that the Council accept the recommendation to remove John Gross as a member of the Industrial Board. Councilman Glaser seconded the motion. Councilman Rotundo said that he would like to' 'have members of the Industrial Board in the audience speak to the Council. Mrs. Mackie told the Council that Mr. Gross was constantly interrupting other members at the meeting and that it was almost impossible to get anything done at tbese meetings. Mr. Witzig told the Council that the only meeting they had ever had where there were no arguements or constant interruptions was a meeting that Mr. Gross did not attend. When Mr. Gross is present there can be no parliamentary procedure adhered to. Mr. Siciliano said that at the last meeting when the vote to request Mr. Gross's removal from the Board was taken, each member of the Board was questioned as to their feelings on this action. The letter indicates the feelings of the Board regarding Mr. Gross's conduct at the meetings. Councilman. Rotundo said that he attended the last meeting and Mr. Gross not only continued to interrupt but also insulted the Board members. Councilman Ledbetter said that he felt Mr. Gross should be present to defend himself. Councilman Glaser said that people are entitled to speak their mind on these Boards and to dissent. It is a good idea to have alternate opinions given at these meetings. It is unfortunate that Mr. Gross does not seem to present his opinions in an orderly manner. Other members of the audience spoke to the Council regarding a possible warning to Mr. Gross. Mr. Armstrong, former Mayor, said that a public hearing had been held when he was Mayor in regard to removing a member from an advisory board. 4 r o o Mayor Christy asked the City Attorney if a public hearing was required. Mr. Woods said no. 3a Upon roll call the motion to remove John Gross from the Industrial Board CARRIED 4-1. Councilman Ledbetter voted NO. Mayor Christy called a 10 minute break. Meeting called back to order. COORDINATORS REPORTS Councilman Rotundo: This morning at 10:00 a.m. he had a meeting with the Fire Chief and two County officials. They were interested in a piece of County property on the corner of 12th and Mango Tree. While they were talking,one of the officials said that they were going to excavate for shell in that area. Is that county property across the street? Mayor Christy said that he believed that was county property. There was some discussion about whether or not we could charge the county for using our streets to transport the shell from this area. Mr. Woods said that he did not believe there was anything we could do about this, it is county property. Councilman Ledbetter said that this would create more lakes and we also ought to charge them tonnage for driving the heavy trucks over our roads. Mr. Woods said again that we could not restrain commerce. This subject was not on the agenda and he is not prepared to advise the Council on this matter. Councilman Ledbetter No report. Councilman a workshop property. manner. Glaser asked if it would be possible for the Council to hold to discuss the problem concerning the sale of Federal surplus He would like an opportunity to discuss this in a more orderly Mr. Herget said that the GSA considered 10 days an acceptable time to answer the letter and for the Council to make a decision on this question. Mr. Woods suggested that possibly the Council might appoint a citizen's fact finding board. The Council discussed this suggestion. Mr. Herget said that the Council should make some decision by Jan. 21, 1980. No further action was taken on this at this time. Councilman Asting asked about the installation of the 12" pipe. Mayor Christy said he would have a report from the Superintendent of the Water Dept. for next week's meeting. Mayor Christy told the Council that he is recommending the Council authorize sending the new City Planner to a semina.r on Grant Programs. The seminar will be held Jan. 30, 31 and Feb. 1 at the University of Florida in Orlando. Councilman Asting made a motion tbat the Council authorize sending Mr. Hurley, City Planner, to the seminar in Orlando at a cost of approximately $400. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy also said that Florida legislature members will be in New Smyrna Beach on Jan. 23, 1980 at 3:30 to hear citizens in regard to present or future legislation. 5 o u Mayor Christy also said that Briley, Wild and Assoc. wanted to have an open house for the new Water Plant. This will be scheduled next week by the Council. Councilman Ledbetter asked what had happened to the quality of the water lately? Mayor Christy said that he had been told by the Superintendent that the taste of chlorine in the water is affected by the weather. During warmer weather, the chlorine does not dissapate as rapidly. The Water Plant is working on regulating the chlorine according to weather conditions. Mayor Christy also said that there would be a seminar on the Storm Water 3b Management program. He hopes to be able to attend. Councilman Asting asked about the WjWW budget. He added that we should get this budget amended. Mayor Christy said that the Council could discuss this at the workshop scheduled on January 10, 1980. RESOLUTIONS The City Attorney read Resolution No. 80-R-123. A RESOLUTION APPOINTING PATRICK HURLEY AS CITY PLANNER FOR THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR AN ANNUAL SALARY AS COMPENSATION FOR HIS DUTIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting 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. 80-R-124. A RESOLUTION APPOINTING WILLIAM BROGAN TO THE EDGEWATER INDUSTRIAL DEVELOPMENT ADVISORY BOARD OF THE CITY OF EDGEWATER, FLORIDA; 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. 80-R-125. A RESOLUTION APPOINTING DAVID LEDBETTER AS COORDINATOR FOR THE STREET DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Resolution. Councilman I Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 80-0-39. 4-a AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, CREATING A SPECIAL MOBILE HOME PARK ZONING DISTRICT TO BE DESIGNATED AS SECTION 605.03 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEEWATER, FLORIDA AND DESIGNATING SAID SPECIAL ZONING DISTRICT AS MH-S; PLACING CERTAIN EXISTING NON-CONFORMING MOBILE HOME PARKS NOW LOCATED WITHIN SAID MH-S ZONING DISTRICT; PROVIDING THAT SAID MOBILE HOME PARKS SHALL BE ALLOWED TO OPERATE IN THEIR PRESENT STATUS AS CONFORMING USES; PROVIDING FOR COMPLIANCE WITH EXISTING MOBILE HOME PARK ZONING REGULATIONS IN THE EVENT OF EXPANSION OF SAID NON-CONFORMING MOBILE HOME PARKS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 6 ~ o o Councilman Rotundo~~ade a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. (This was the first reading of the Ordinance.) Councilman Ledbetter said that for the record he will fill out a conflict of interest form. The City Attorney read Ordinance No. 80-0-40. AN ORDINANCE REZONING CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF B-5 PLANNED SHOPPING CENTER DISTRICT TO B-3 HIGHWAY SERVICE BUSINESS DISTRICT, AUTHORIZING SAID CHANGE ON THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA; BY THE ADDITION OF RENTAL AND LEASING OF TOOLS, EQUIPMENT, MACHINERY AND SUPPLIES FOR INDUSTRY, BUSINESS, HOUSEHOLD USE AND RECREATIONAL USE AS AN ADDITIONAL PERMITTED USE IN THE B-3 HIGHWAY SERVICE BUSINESS DISTRICT; 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. (This was the first reading of the Ordinance.) OLD BUSINESS Councilman Asting made a motion that Mr. Frank Wroniak be appointed to fill the vacancy on the Planning Board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Recommendation from Merit Board to make the day after Thanks~iving part of the Thanksgiving Holiday. Councilman Asting made a motion that the Council table this recommendation, indefinitely. Councilman Ledbetter seconded the motion. Councilman Glaser said that the Council might just as well reject this recommendation, if they do not plan to do anything about it. They should either accept or reject and not add something else to the list of tabled items. Councilman Asting withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Glaser made a motion that the Council reject this recommendation from the Merit Board. Councilman Ledbetter seconded the motion. Mr. Walter Gross told the Council that he did not believe the Merit Board had the responsibility to make a recommendation for an additional employee holiday. Mr. Frank Opal also told the Council that he did not feel this was under the jurisdiction of the Merit Board. The Merit Board shouldn't even discuss employee holidays. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. AUDIENCE MISCELLANEOUS Mr. George Bunch, 1531 Orange Tree Drive, spoke to the Council concerning the barricades that had been put up at 16th and Mango and 16th and Orange Tree Drive. Mr. Bunch said that these barricades make it difficult for him to enter his property and he has been told by real estate people that the presence of these barricades lower the value of his property. If the City does not remove these barricades, he will file suit against the City. There was a discussion about these barricades. Mr. Woods said that he had contacted Mr. Bunch's attorney to find out if the removal of all the barricades was what Mr. Bunch wanted. Mr. Bunch's attorney never returned the call. Councilman Ledbetter made a motion that the Council authorize the removal of both barricades. Councilman Asting seconded the motion. 7 o ...,). 4-b Chief Baugh also spoke to the Council concerning some of the charges Mr. Bunch had made. He told the Council that in the interest of safety he would like to see one of the barricades stay up. There was a discussion about the legality of closing off the street and also other methods to reduce the speed of traffic in this location. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. Dana Armstrong spoke to the Council about the installation of a sewer line at his home. Mr. Armstrong told the Council that he had made this request originally back in 1973 and was told he could have this service when it was available in his area. Recently~ the Council authorized the hookup of this service but it has been over 48 days and he still does not have the service. Mayor Christy said that he would have a report from the Superintendent of the Wastewater Dept. on this subject for next week's meeting. NEW BUSINESS The Council was notified that Mrs. Katherine Cornelius had been elected by the employees to be their representative on the Merit Board for the coming year. Councilman Asting made a motion that the Council appoint Mrs. Katherine Cornelius to the Merit Board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to adjourn the meeting. ;~;~;:;~:~;:i::::O:~: The meeting was ad~d: ncilman Ledbetter w.~ . GO~.u^- Councllman '~4' Counci 1 man 7 ~ ~, ~ ~ -rJd - 8 - I